Fort Walton Beach Council agenda — 12-09-08 regular agenda — reading text

approve the agenda with the removal of Item # 3, Cemetery Burial Services, and it carried by a vote of 6 to 1 with Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Holmes opposed. 56 Regular Council 11- 18- 08 CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items, with removal of Cemetery Burial Services bid. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Executive Session of October 28, 2008, and the Regular Council r"~ 1 Meeting of October 28, 2008. i WITHDRAWN) - CEMETERY BURIAL SERVICES BID To Award RFP 09- 102, Cemetery Burial Services, to the top ranked company, Turn Key Vault and Burial Services, Inc of Fort Walton Beach, and authorize the City Manager to execute a formal contract, which would be valid for a period of three years, with an option of three ( 3) three year extensions. This item was withdrawn for discussion at a later date, possibly at the December meeting, per the City Attorney. REIMBURSEMENT OF PERSONAL INJURY CLAIM Consideration of request for City Council to ratify the reimbursement made to the Florida League of Cities for $20, 000 to settle a personal injury claim. RESOLUTION 08- 53. AMEND FY BUDGET A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. SPECIAL PRESENTATIONS- FCC REGARDING DTV TRANSITION Presentation by the Federal Communications Commission ( FCC) regarding DTV Transition. The City Manager advised the FCC has asked to talk about the digital conversion of the television signal. She also advised she has spoken with Cox Cable, the City' s local cable provider, and anyone that still has an analog television set will be able to receive the regular television signal through Cox for the next three years. Jeffrey Neumann of the FCC in Washington, DC, discussed the digital conversion process that will occur on February 27, 2009. Mr. Neumann advised coupons will be available for converter boxes to individuals who do not yet have digital TV, and explained the differences between digital TV and high definition TV. The City Manager advised the City will try to link to their web site from the City' s web site. SPECIAL PRESENTATION- LEGISLATIVE ISSUES Presentation by The Advocacy Group regarding legislative issues in 2008 and 2009. The City Manager introduced Slater Bayliss and Sarah Busk of the Advocacy Group, the City' s representatives for legislative issues in Tallahassee. Slater Bayliss of the Advocacy Group gave a Power Point presentation that explained the firm' s background, presented a report of accomplishments of the past legislative session, and gave ~... overview of future events. Sarah Busk described the roles of the various partners of the firm.  57 Regular Council 11- 18- 08 LEGISLATIVE SERVICES PRESENTATION ( cant.) Mr. Bayliss noted the firm is mainly Republican and noted Florida' s Republican governor, House of Representatives and Senate, and this allows the firm to be effective on behalf of their clients. Mr. Bayliss discussed the firm' s credibility and trust; legislative work; and the 2008 Legislative session, which included a severe budget shortfall. Mr. Bayliss noted that in spite of the budget shortfall, the firm was successfully lobby on behalf of the City funding requests for a stormwater able to improvement project and a reuse water system expansion, each funded at a cost of $ 200,000. 00, for a total of $400, 000. 00. Lee Bobo, 38 Memorial Parkway, took offense to mention of the firm and the State of Florida' s Republican influence, and stated he feels uncomfortable with the City relying on a firm with an ' ear to the governor' to obtain funding for projects. GENERAL PUBLIC Maria Harickson, 342 Hollywood Blvd., expressed concern over her rising water bill; the City Manager asked her to leave her phone number and she would be happy to set up a time to talk with her. BOARD/ COMMITTEE REPORTS Presentation from the City' s Historic Sites and Structures Advisory Board. Laura Bessinger- Morse, Museum Director, and Don Panzenhagen, Chairman of the City' s Historic Sites and Structures Advisory Board, presented their annual report to City Council which included the make- up of the board members; accomplishments; goals; preservation planning; and the need for an architectural survey and the hope for Council' s support for a Certified Local Government CLG) grant with an estimated match of $25,000 in next year' s budget. During a brief discussion it mentioned the Advocacy Group could be of help in locating grant opportunities for the Board. iL< Millie ThrU~ h Sudduth Circle, stated she is excited about the plans of the Board, and questioned whether there were any plans to contact the owner of the Summerhouse. The Museum Director stated she has been unsuccessful in reaching a representative of the Summer House and would be happy to explore what options may exist for that building. FUTURE AGENDA ITEMS The City Manager noted that a request by Mr. Miller to provide a flow chart of the development review process has been added to the list of future agenda items. She advised Staff is working on it and no timetable has been identified yet. Mr. Reeves requested information on the by- pass; the City Manager advised the city sends a representative to the Northwest Florida Transportation Corridor meetings and staff can provide a white paper on that issue. CONSIDERATION OF RENEWAL OF CONTRACT FOR STATE LEGISLATIVE SERVICES j Consideration of renewal of contract for State Legislative Services. The City Manager advised that The Advocacy Group ( TAG) has been instrumental in securing funding for Community Budget Issues Request grants that the City had sought unsuccessfully for the past six years, and they are encouraging the City to pursue additional grants. She advised that the renewal of this contract is at the same $ 40, 000 amount as provided in the original agreement, that the funds are included in the FY 2008- 09 budget, and must be approved by Council for another year, since it is not automatically renewed. 58 Regular Council 11- 18- 08 STATE LEGISLATIVE SERVICES CONTRACT cont. Discussion included whether the contract should be renewed at a lesser amount due to the budget issues. The City Manager explained that the City and TAG had discussed the possibility but it was agreed that the amount would remain the same as it was felt it was a fair dollar amount. She also noted the City was in constant contact with them on a weekly basis during the legislative session to review what the issues were and what was happening in regards to budget reform issues. The Mayor opened the floor for public input. No one wished to speak. roo"~ i Mr. Garvie moved to approve the renewal of the contract with The Advocacy Group at Tew 1,__- Cardenas, LLC, for the period of December 1, 2008 through November 30, 2009 in the amount of $40, 000. Mr. Minich seconded motion. Council noted the positive return to the City on their $40,000 investment and the need for people who are familiar with the legislative issues to work on behalf of the City. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. AMENDING FY 07/ 08 BUDGET 08-46. The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the floor for public input. No one wished to speak. Mr. Minich moved to adopt Res. 08-46. . Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REQUEST FOR PROPOSAL-80LID WASTE BY THE CITY OF MARY ESTHER Consideration of Council direction in the matter of a response to a Request for Proposal for collection and disposal of solid waste issued by the City of Mary Esther. Brandy Wunker, Finance Director, reported the City of Mary Esther issued a Request for Proposal RFP) for solid waste collection services. She advised Staff evaluated the feasibility of the City responding to the RFP and because of certain logistical issues, such as the purchase of additional equipment and the December 31, 2008 start date, Staff does not recommend bidding for Mary Esther' s solid waste services at this time. During discussion it was mentioned that the current City equipment is too large to fit on some of Mary Esther' s narrow streets; there is a lack of City staff to support the endeavor; and it would take anywhere between a year and three years to receive a payback on the investment of City staff and equipment before the City would break even or make money on this endeavor. The Mayor advised no further action is required in regard to this issue. CITY CHARTER DISCUSSION Discussion of amendments to section 53 and 60(b) and ( e) of the City Charter to determine further actions on Charter Review.  59 Regular Council 11- 18- 08 CITY CHARTER DISCUSSION cont. The City Attorney stated this item is the last few sections brought up during the Charter Review and her conclusions. She said on section 53 one of the issues is whether or not they could by ordinance remove the title of Recorder and, perhaps, Finance Director as a Charter Officer. She reported her conclusion is they probably could not do so even though that specific section has actually not been re- adopted since it first went into the Charter in 1953. She explained the problem is that the Statute actually precludes any changes to form of government and changing a Charter Officer would be a form of government. She said they also brought up the issues of the finance procedures and the reporting relationship of the Finance Director to the City Manager. She said those three paragraphs in the Charter have archaic language and are no longer really in effect because that is not the way the Finance Department is set