Fort Walton Beach Council minutes — 10-23-07 regular minutes — reading text

THE ORDINANCE, FROM R- NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO R- 2 MULTI- FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1742 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich In favor. ORD. 1743. REZONING OF 3 MAPLES STREET NW The City Attorney read the ordinance by title only. I  187 Regular Council 10/23/ 07 ORD. 1743 { CO NT) AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 3 MAPLES STREET NW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R- NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO R- 1A SINGLE FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1743 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1744, REZONING OF 4 HOLMES BOULEVARD NW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 4 HOLMES BOULEVARD NW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE FROM R- NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO C- 1 LIMITED COMMERCIAL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1744 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1746. HISTORIC SITES/ STRUCTURES ADVISORY BOARD The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE HISTORIC SITES AND STRUCTURES ADVISORY BOARD; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 09. 02, COMPOSITION, HISTORIC SITES AND STRUCTURES ADVISORY BOARD, AMENDING SECTION 12. 100. 012, REVIEW, APPROVAL OF APPLICATION FOR DESIGNATION OF A HISTORIC SITE OR STRUCTURE; AMENDING SECTION 12. 100. 013, REGARDING RENOVATIONS, RECONSTRUCTION OR ADDITIONS TO DESIGNATED SITE OF STRUCTURE; ADOPTING SECTION 12. 100. 02 ENTITLED PARTICIPATION IN THE FLORIDA NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS; AMENDING SECTION 12. 100. 03, REGARDING ARCHAEOLOGICAL RESOURCE REVIEWS; ADOPTING SECTION 12. 100. 09 ENTITLED INVENTORY OF HISTORIC SITES AND STRUCTURES; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The CDS Director advised this ordinance was initiated in order to be in compliance with the Certified Local Government application. Changes are required to be made to Section 12. 100. 012, Approval of Application for Designation of a Historic Site or Structure, and amending Section 2. 09. 03 regarding the Composition of the Historic Sites and Structures Advisory Board. The Mayor opened the public hearing. There was none. 188 Regular Council 10/ 23/ 07 ORD. 1746 ( CO NT) Mr. Garvie moved to adopt Ord. 1746 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. INTRODUCTION OF SENIOR PLANNER The City Manager introduced Samantha Abell, the City' s new Senior Planner. REGULAR AGENDA- FUTURE AGENDA ITEMS Mr. Hartwell requested a series of workshops bedesignated for discussion of the Charter due to the complexity of the Charter, since the goal is to have any changes ready for the 2009 election. Consensus was for Staff to bring back a schedule to begin in February of 2008, possibly on the I third Tuesday of each month. RES. 07- 25. YOUTHBIZ2015 The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING THE EFFORTS OF YOUTHBIZ2015. The City Manager advised the City will offer in- kind services for assistance in teaching and to identify funding opportunities for the YouthBiz2015 initiative. Funding opportunities were identified as applying for funds through the OCDC, the CRA, and CDBG. The City Manager also mentioned this resolution is a plain- language format initiated by the City Attorney. Mr. Hartwell moved to adopt Res. 07- 25. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REMOVAL OF CRA MEMBER Consideration of removal of CRA Board Member. Mr. Hartwell advised that on August 3, 2007, he e- mailed Mr. Robert Rettie, a member of the City' s CRA Board of Commissioners, admonishing him and warning Mr. Rettie that he needed to cease his comments in reference to the Mayor, City Council, City Manager, City Attorney, and City Staff as being " corrupt." Mr. Hartwell forwarded this e- mail to the City Clerk, who forwarded it to the Mayor and Council. Mr. Hartwell continued that on September 4, 2007, Mr. Rettie e- mailed the Landmark Development in response to their invitation to recognize the City, the Chamber of Commerce, and the Historic Downtown District in their efforts to bring the Landmark Center Development to Fort Walton Beach. Mr. Rettie' s e- mail response was ' Does this mean we get a snack with I entertainment in return for nearly 4 million tax dollars? Is this an ethics consideration?' Mr. Hartwell further referenced two telephone calls from Mr. Rettie the end of September whereby Mr. Hartwell again expressed concern about Mr. Rettie' s continual reference of the Mayor, City Council, City Manager, City Attorney, and City Staff as being corrupt, and unless he had something verifiable he needed to cease referring to them as corrupt. Mr. Hartwell noted that at the CRA meeting of October 3, 2007, the CRA Chairman reiterated proper protocol and procedure to all the CRA members. Mr. Hartwell mentioned additional e- mails from Mr. Rettie were sent after the CRA meeting that were similar in nature, and that also referenced the County Commissioners as being corrupt.  189 Regular Council 10/ 23/ 07 REMOVAL OF CRA MEMBER ( CONTI Mr. Hartwell referenced his October 12, 2007 e- mail to Mr. Rettie, which was part of the agenda backup, which stated, among others, that all members of committees and boards of the City serve at the pleasure of the City Council and they are not guaranteed membership until their term is expired. Mr. Hartwell continued from the e- mail, stating it is the absolute responsibility of the Council to ensure that appointed emissaries of the City are representing the City in a good light, and that once an individual is appointed to a City board or committee they have a r i responsibility to the City. Mr. Hartwell than read the definition of 'corrupt' according to the Webster Collegiate Dictionary. Mr. Hartwell stated the issue at hand is that the behavior of Mr. Rettie is unprofessional, uncalled for, and cannot be tolerated when an individual refers to the entire City and County government as being corrupt. It was noted that Mr. Rettie is not in attendance, and it was questioned whether he should be in order to defend his actions. Mr. Miller moved to continue this discussion until the time Mr. Robert Rettie can be in attendance. Mr. Garvie seconded motion. Discussion ensued as to whether a specific date should be set to continue this item, and the fact that Mr. Rettie did respond to the City Clerk via e- mail this be continued to the requesting November 13 meeting, stating he would not have time to prepare an appropriate response upon his return from out of town after October 21. Mr. Hartwell advised he would be out of town for the November 13, 2007 meeting. Mr. Miller amended his motion to continue discussion until the Council meeting of November 27, 2007. Mr. Garvie seconded motion. Mr. Hartwell questioned if there was a need for Mr. Rettie to be present this evening. The City Attorney noted Mr. Rettie' s e- mail that states he would return after October 21, which could be construed he could be in town, or not. She also advised it could be construed as a request for a continuance. The Mayor called for the vote on the amendment to continue until the meeting of November 27, 2007, and it failed by a vote of 3 to 4 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, Hartwell, and Minich opposed. The Mayor called for the vote to continue until the time Mr. Rettie can be in attendance and it failed by a vote of 3 to 4 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, Hartwell, and Minich opposed. r The Mayor advised the item will be continued as presented. l Mr.