Fort Walton Beach Council minutes — 09-28-2010 regular — reading text

241 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 28, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 28, 2010, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, joyce gossom, Dennis Reeves, Mike Minich, Bobby Nabors, Bull Rigdon, and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION Pastor Mickey Hawkins from Cinco Baptist Church gave the Invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. RECOGNITIONS: STUDENT ACE AWARD The Mayor awarded the Student Ace Award to Forrest Rackard of Choctawhatchee High School. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. APPROVAL OF MINUTES. Approval of the minutes of the Special Meeting on September 8, 2010, Special Meeting of September 14, 2010 and the Regular Meeting of September 14, 2010. PAWS CONTRACT FOR SERVICES. To renew the agreement with PAWS to provide animal control services for fiscal year 2010 -11 in the amount of $87, 787. EMERALD COAST SCIENCE CENTER LEASE AMENDMENT To amend the rent payment frequency from a yearly to a monthly payment cycle. 242 Regular Council Meeting 9 -28 -10 REJECT PROPOSALS FOR RFP 2010 -12 FLEET FUEL SYSTEM MANAGEMENT To reject all proposals received and authorize Staff to reissue the RFP for the Fleet Fuel System Management. AWARD BID FOR RYE SEED To award the Annual Rye Grass Seed bid for the Recreation and Cultural Services for Perennial Rye Grass Turf to John Deere Landscapes in the amount of $27, 945.00, and to Ragan & Massey in the amount of $7, 000.00 for a total estimated amount of $34, 945. SUNGARD HTE ASP CONTRACT AMENDMENT To authorize the City Manager to sign the SunGard HTE ASP software contract, which needs to be modified to remove the current Public Safety software from the contract. RENEWAL OF INSURANCE POLICIES To authorize the City Manager to execute insurance policies for Property, Casualty, and Workers' Compensation insurance to Preferred Governmental Insurance Trust ( PGIT); and to renew the current dental plan with Dental Decisions for the plan year of October 1, 2010 through September 30, 2010. RES. 2010 -28, FDOT SUBORDINATION AGREEMENT FOR CINCO BAYOU BRIDGE SR 85). A RESOLUTION FROM THE FDOT REQUESTING THAT THE CITY SUBORDINATE ITS INTEREST IN AN EASEMENT ON THE NORTHERN SIDE OF CINCO BAYOU BRIDGE TO ACCOMMODATE NECESSARY IMPROVEMENTS. Michael Beedie, Engineering/Utilities Director, explained the Florida Department of Transportation ( FDOT) is in the design phase of a project to reinforce the approach areas to the Cinco Bayou Bridge, and that the City occupies easements on the north and south side of the bridge for potable water and sanitary sewer infrastructure. Mr. Beedie advised that in order to complete the required work, the FDOT is requesting the city subordinate its interest in the land on the northern side of the bridge to accommodate the necessary improvements, and that Resolution 2010 -28 authorizes the subordination of the easement rights from the City to FDOT. Mr. Nabors moved to adopt Res. 2010 -28. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -36, DUI GRANT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ENHANCED DUI ENFORCEMENT IV BOOKING ROOM AND AUTHORIZING THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.  243 Regular Council Meeting 9 -28 -10 RES. 2010 -36 ( CONT) Police Chief Ted Litschauer advised the City has been awarded a $ 15, 000 non -matching grant from the competitive grant program to further enhance the DUI enforcement efforts by purchasing two in -car video systems, one interview room digital video recorder system, and associated peripheral equipment. The Mayor asked for public input. There was none. Ms. gossom moved to adopt Res. 2010 -36. Mr. Nabors seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -25, COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE FOR FIRE DEPARTMENT FEES, ENGINEERING & UTILITY SERVICES DEPARTMENT FEES, RECREATION AND CULTURAL SERVICES DEPARTMENT FEES; AND SETTING AN EFFECTIVE DATE. The City Manager advised that a reset of fees for the library, museum, the senior center and auditorium are still being worked on and are not included in this schedule, and those fee schedules will be brought forward in October. Brandy Wunker, Finance Director, discussed the changes to the fee schedule and explained the increase in recreation fees of $ 2.00 allows citizens who opt to pay by credit card the opportunity to do so and providing a $ 2.00 cash discount for those who do not want to pay by credit card. The Finance Director stated credit cards are not currently accepted but will be in the future as a convenience for citizens. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 2010 -25. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -34, FY 2009 -10 BUDGET AMENDMENTS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised the resolution provides for amendments to the FY 2009 -10 budget to reflect grant awards and other unanticipated activity. The Mayor asked for public input. There was none. 244 Regular Council Meeting 9 -28 -10 RES. 2010 -34 ( CONT) Mr. Holmes moved to adopt Res. 2010 -34. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. ORD. 1826, ASSISTANT CITY CLERK The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH REPEALING ORDINANCE 608, DATED AUGUST 13, 1974; AUTHORIZING THE CITY CLERK TO DESIGNATE A TEMPORARY ASSISTANT CITY CLERK IN THE ABSENCE OF THE CITY CLERK; AND SETTING AN EFFECTIVE DATE. The City Clerk advised this ordinance will allow her to designate a temporary Assistant City Clerk to act in her absence. The City Clerk informed she spoke with the City Manager who agrees this should be the duty of the City Clerk. The Mayor asked for public input. There was none. Council received clarification that the ordinance provides for a temporary assistant city clerk to act during the absence of the City Clerk in the same capacity and effect. Mr. Holmes moved to adopt Ord. 1826 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. ORD. 1838, LOCAL VENDOR PREFERENCE The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; REPEALING SECTION 4. 01. 024, LOCAL MERCHANT PREFERENCE, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. The City Attorney noted that by second reading some small references will be corrected; specifically, reference to local vendor preference to local merchant preference. The Finance Director informed the ordinance eliminates the reference to local vendor preference which is more appropriately situated in the Purchasing Policies, which will be brought forward to Council in October. The Mayor asked for public input. There was none. Mr. Nabors moved to adopt Ord. 1838 on first reading. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. APPOINTMENT —FIREFIGHTERS' PENSION PLAN BOARD Appointment to the Firefighters' Pension Plan Board.  245 Regular Council Meeting 9 -28 -10 FIREFIGHTERS PENSION BOARD APPOINTMENT ( CONT) The City Clerk advised the term for Robert Neyendorf expires on September 30, 2010, and he wishes to be considered for reappointment by Council. Mr. Holmes nominated Robert W. Neyendorf, 18 Memorial Parkway NW, to the Firefighters' Pension Trust Fund Board for a two -year term from October 1, 2010 until September 30, 2012. Mr. Rigdon seconded nomination and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CITY ATTORNEY CONTRACT The City Manager discussed several aspects of the contract with the new City Attorney, Hayward Dykes, with the law firm of Conerly, Bowman, and Dykes, including the fee of $160 per hour for attorneys and $ 50 per hour for support staff; an adjustment period for both the City and the Attorney to learn each other' s methods and protocol; the exact workload and hours of the City Attorney; negotiated financial terms of $9, 000 per month and $ 108, 000 per year; the negotiated term of the contract for two years with an option to renew for an additional two years; and other contract provisions, such as faxes and long distance telephone bills. Mr. Rigdon moved to approve the contract with the law firm of Conerly, Bowman and Dykes as presented. Mr. Minich seconded nomination and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. JOINT MEETING WITH CRA Michael Beedie, Engineering/ Utilities Director,