Fort Walton Beach Council minutes — 04-08-08 regular minutes — reading text

V was intended to include all of what is in the ordinance. There were further questions on the amount of boating revenue that would be received and who would collect the fines. Mr. Peters estimated the amount of revenue would range between $ 12, 000- 15, 000. He said the Police Department would collect the fine and the City would keep 100% of the fine collected. The Mayor opened the public hearing. Phil Gallmeier, 206 Buck Drive, spoke against the ordinance as he expressed his views that the background letter requesting the ordinance and the ordinance itself did not document what the funds would be used for, and suggested the ordinance be redrafted with that information and the letter be redrafted to substantiate where there is a funding shortfall. He further suggested the City should pursue the avenue of boating improvement funds before putting user fees on boat launches as he did not want to fund the whole park with a user fee to launch and recover his boat and expressed it is unfair to put the maintenance of the whole park on the back of the boaters. He would agree if the ordinance stated the purpose would be to use the fee for all boating facilities in the City but opposed it if the fee is spent all over the parks. He suggested Council send the ordinance back to be redone to justify why they need the fees, where the fees will go, and why the City has not gone through the State boater' s improvement fund to get fees. I' Tiffany Spence ( no address given) voiced her opposition to the $ 5. 00 fee at Liza Jackson Park as she expressed her views that the park is for the whole community, it was not fair because they all pay taxes, and it is taxing one group of people to fix a problem. Barbara deVaux, 348 Marie Circle, spoke against the $ 5. 00 fee at Liza Jackson and expressed her views that it penalizes the citizens and they should not have to pay a fee to launch their boats. Regular Council 4- 8- 08 87 ORD. 1760 cont. Kevin McDaniel, 1046 Quail Hollow Drive, Mary Esther, expressed concern that the $ 5. 00 fee at Liza Jackson Park which is small now will grow and grow and expressed his views that this is a boating community and they should not be charged to launch their boats, and suggested there be a fee to enter the park. As no one further wished to speak the public hearing was closed. Mr. Miller moved to adopt Ord. 1760 on first reading as amended to change Section III, line 38 to read, " Establish Parking, Docking, and Boat Launch/Recovery', and delete ' At Liza Jackson Park'. Mr. Garvie seconded motion. Discussion ensued with an exchange of views on the move toward user fees to offset the decrease in taxes. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Miller, Garvie, and Pullen in favor and Reeves and Minich opposed (Hartwell absent). FUTURE AGENDA ITEMS The City Manager reported that the item on the Sunshine Laws and Communications with Council and Charter Officers and the item on Comments and Reprimands for Charter Officers have been removed from future agenda as Councilman Hartwell asked they be prepared as reports to Council rather than as workshop items. The City Manager requested that the annexation process be moved to the May 13th workshop; that a Budget Policy Workshop be held on May 20th and the Charter Review Workshop scheduled for May 20th be moved to June 17th. It was noted that the budget policy workshop will include Councilman Pullen' s item on the reorganization of City staff, and staff will address the golf club funding issue. Mr. Minich moved to approve the Future Agenda Items as modified by the City Manager. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor Hart ( well absent). ORD. 1760: BOAT LAUNCHIRECOVERY AND OVERNIGHT DOCKING FEES Dr. Pullen expressed he wanted to change his vote on Ord. 1760. Dr. Pullen moved to reconsider Ord. 1760. Motion died for lack of second. AUTOMATIC AID BETWEEN FIRE DEPARTMENTS AND PUBLIC SAFETY Consideration of a request for Council approval of the Agreement for Automatic Aid between Area Fire Departments and Department of Public Safety. Mike Dutton, Fire Chief, briefly explained this is a yearly event and no Fire Department can comply with OSHA' s two in, two out requirement without assistance from other departments. He explained the two in, two out requirement means there have to be two outside before two can go inside to attempt a rescue. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Garvie moved approve the Agreement for Automatic Aid between area Fire to Departments and Department of Public Safety. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent).  4- 8- 08 Regular Council 88 RES. 08- 10: EVALUATION AND APPRAISAL REPORT Discussion of the 2008 Evaluation and Appraisal Report for the City of Fort Walton Beach Comprehensive Plan; states the intent of the City to amend the Comprehensive Plan based upon recommendations contained in the report; approving transmittal of the report to the Department of Community Affairs in accordance with Section 163.3191, Florida Statutes; and setting an effective date. Samantha Abell, Senior Planner, reported Council will consider Res. 08- 10, adopting the 2008 ~;.,....""".,."",'. Evaluation and Appraisal Report ( EAR) at the April 22nd Council meeting. She then went through. . the contents of the draft EAR. The Mayor opened the floor for public input. As there was none the public input was closed. CDBG UPDATE Status update of the Community Development Block Grant. Missy McKim, CDS Director, gave an update on the status of the Community Development Block Grant ( CDBG). She pointed out the schedule for FY 08/ 09 shows the Citizens Advisory Committee CAC) meeting was held on March 31st, the Public Hearing to present the Grant amount for next are due May 9th, year and provide applications was held April ih, the Public Service Applications the Citizens Advisory Committee meetin~ s to review the applications and make recommendation to staff are scheduled for May lih and 15t , the CDBG Draft Annual Action Plan is to be complete and submitted by May 20th, and City Council consideration of the Annual Action Plan for FY 08/ 09 on June 24th then submitted to HUD. She reported the amount of funding for 08/ 09 is $ 141, 267. She mentioned staff is w'orking with Patti Sunnarborg on the Contract between Okaloosa Housing Partners ( OHP formerly Okaloosa Community Development Corporation) and the City for OHP to administer the CDBG flLlnds for the City for the remainder of this year and future years, and the CAC is reviewing the revised Citizen Participation Plan prior to it being brought to Council. It wasquestioned whether an ordinance would need to be amended in order for the Citizens Advisory Committee to remain an advisory committee to staff and not be appointed by Council as suggested by Dr. Pullen at the CAC meeting. The CDS Director stated there would be no ordinance change needed and explained the Citizen Advisory Committee for the CDBG has always been just a citizen committee of representatives from the low income areas and that has advised staff on how to Service spend the grant funds for that year; they have reviewed the applications for the 15% Public carried portion of the grant, prioritized them and recommended funding levels, then that was forward in the Annual A.ction Plan presented by staff to City Council. She mentioned the comment that the CAC should be a formalized committee was taken to the committee but they felt they are more effective if they are able to communicate more freely amongst themselves, with staff, and the community and felt they are really just a liaison between the community and staff on CDBG, especially as it moves forward to Okaloosa Housing Partners administration. Dr. Pullen explained he recommended the committee not be named by Council because there are a n. lot of committees that cause a lot of work for staff and also because it will be administered by the Okaloosa Housing Partners which does not fall under the Sunshine Law and the committee would u then work with Patti Sunnarborg. He felt there would still be citizen participation without adding to the workload of staff and without becoming a stumbling block between the grant and the Okaloosa Housing Partners. Regular Council 4- 8- 08 89 CDBG UPDATE cont. The CDS Director commented the Citizens Advisory Committee is not required by HUD and HUD has very specific requirements for advertising, which the City has met and the committee is over and above the requirement of HUD, so keeping it informal is more in keeping it within the strict requirements ofHUD; however, they will still be useful in advising staff. There was some question on whether or not the committee is exempt from the Sunshine Law because they are not a formalized committee. The City Attorney said whether or not they are subject to the Sunshine Law depends on their role. She said that committee is advisory to staff and because it has no recommendation authority would preclude it from being subject to the Open Meeting requirements of Chapter 286. She said it is not whether or not Council appoints them, it is what their job and role is that determines whether or not they are subject to the Sunshine Law. There was some question whether the committee advises Council with a recommendation on the Annual Action Plan. The CDS Director explained the recommendation in the Annual Action Plan is staff s recommendation and all but one year staff has been in total agreement with the CAC on how to allocate funding, and both were presented to Council. She has always taken their recommendation as just advising staff. The City Attorney stated if the committee is advisory and fact finding, they would not be subject to the Sunshine Law, but that can be researched within the context of the Agreement with OHP to make sure it is clear on what their requirements are and that they satisfy whatever needs there are at the City level. She said the key is whether or not they are advisory and have