Fort Walton Beach Council minutes — 09-11-07 regular minutes — reading text

their activities and they will help promote a program of this nature. He said that can be in the agreement so that the City comfortable. is Mr. Melvin confirmed he would choose a charity that would assist with promotion and running of the program, and he would not object to letting the City Manager know prior to each show which charity will be benefited so it can be published in a bulletin. The City Manager explained the purpose of involving a charity was to get the charity involved in selling tickets for the event so that by selling it as a fundraiser for a particular charity they will get a portion of the proceeds. It was noted that the correspondence mentioned the use of one person on city staff designated to work with Mr. Melvin to assist in promoting the event, handling all ticket sales funds and admissions, providing secretarial services, making phone calls as needed, and coordinating with city staff to see that the auditorium and equipment are available and ready for use. It was commented that it sounds like quite a few man hours. Mr. Melvin said he did not envision any secretarial use except for an occasional letter to thank out of town talent. The Mayor noted the proposal is a conceptual idea at this point and that the City Manager and the City Attorney are seeking direction whether to move forward to work out the details of an agreement for Council to approve. Mr. Minich moved to direct the City Manager and the City Attorney to negotiate with Jerry Melvin to develop a program the City will be able to support. Mr. Holmes seconded motion. During some discussion, Mr. Melvin was commended for his efforts to bring in high quality family entertainment and it was hoped that the City will be able to give support without extra expense; it was noted it was proposed that % of the proceeds would go to the Parks & Recreation Department which should help off-set any expenses; and it was hoped that the proposal that comes back to Council will include the numbers and types of people and the Departments being used by the City to support it. It wasquestioned whether the program could be shown on the City' s TV station. The City Manager acknowledged that it could but there is no live- feed at the auditorium so it would have to """'" be a taped broadcast. It was further commented that a community leader is volunteering his time to put on a program that will not only benefit the City but also non- profit organizations and when talking about saving money, this type of event should be fully encouraged and supported. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Regular Council 9- 11- 07 137 PUBLIC HEARING - ORD. 1728: AMENDING FLUM FROM MDR TO MUCC The City Attorney read the ordinance by title only. AN ORDINANCE ( 1728) OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CITY' S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 739 LOVEJOY ROAD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FORM MDR, MEDIUM DENSITY RESIDENTIAL TO MUCC, MIXED USE COMMUNITY COMMERCIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed Mr. Minich moved to adopt Ord. 1728 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING - ORD. 1726: REMOVING REQUIREMENT OF ANNUAL INSPECTION FOR HOME OCCUPATIONS The City Attorney read the ordinance by title. AN ORDINANCE ( 1726) OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 735. 01, LAND DEVELOPMENT CODE, ENTITLED HOME OCCUPATIONS": BY REMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTION BY THE BUILDING OFFICIAL AND THE FIRE CHIEF AND AMENDING SECTION 8. 05. 01 LICENSES AND BUSINESS REGULATIONS: ENTITLED " ANNUAL INSPECTION REQUIRED: BY REMOVING THE REQUIREMENT FOR THE FIRE DEPARTMENT TO CONDUCT ANNUAL INSPECTION FOR HOME OCCUPATIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1726 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARINGS - ORD. 1745: AMENDING POLICE OFFICERS' RETIREMENT FUND The City Attorney read the ordinance by title. AN ORDINANCE ( 1745) OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 17 OF THE CITY OF FORT WALTON BEACH CODE OF ORDINANCES, ARTICLE IV, POLICE OFFICERS' RETIREMENT FUND; AMENDING SECTION 17- 42, SOURCE OF FUNDS, EMPLOYEE CONTRIBUTIONS; EMPLOYER CONTRIBUTIONS; CHAPTER 185, FLORIDA STATUTES, DISTRIBUTION; AMENDING SECTION 17- 46, PERSONS ENTITLED TO BENEFITS; CALCULATION OF BENEFITS; NORMAL RETIREMENTS, PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, explained the ordinance would bring the Police Officers' Pension Plan into compliance with Section 185. 07 Florida Statutes that governs police pension plans with respect to the contribution that the members contribute to the plan once they reach the maximum benefit percentage of 75%. In response to the question on the current practice of the City, the Human Resource Director explained since 1999 when the statute was changed the City' s practice has been to reduce the member contribution to 1'2 of 1 % when they reach the cap, which is 75% in the City' s instance.  Regular Council 9- 11- 07 138 ORD. 1745 cont. The Human Resources Director said the practice has been consistent with the statute; however, the ordinance has never been amended to be consistent with the Florida Statute. He further explained the Ordinance now says there will be no contribution and staff recommends it be amended to comply with the State Statute that the contribution be ~ of 1 %. In response to the question on whether ~ of 1 % would be the minimum contribution required, the Human Resources Director explained that ~ of 1 % is in the statute and in order to comply with the ...... statute the ordinance would have to say ~ of 1%. The City Manager expressed her belief that the City could not go higher than what the State Statute says they have to allow. She clarified the member pays 5% until the 75% cap is reached then pays ~ of 1 %. She said that is State Statute and the City has been following the practice of the statute even though the local ordinance was not amended. She mentioned if the City did not make the amendment by the close of business on September 30 the State will withhold the City' s match of premium tax dollars received to help off-set the pension costs of approximately $ 200, 000 a year. She understood if the ordinance is adopted and faxed to the State then the funds will be released for this year. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to approve Ord. 1745 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS Mr. Miller removed from the list the request for a workshop on the golf club. He requested the workshop for review of the provisions and payout of the General Employees Pension Plan be scheduled for the January 2008 workshop. Mr. Hartwell requested the workshop for review of the Charter be scheduled during the first quarter of 2008. He commented there would not be enough time to give the issue the attention it needs to be on the ballot for a referendum in 2008 and suggested the 2009 election be the target date. RES. 07- 14: AMENDING The Mayor read the resolution by title. A RESOLUTION ( 07- 14) AMENDING THE BUDGET FOR THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, MAKING CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE. Charlotte Dunworth, Budget & Grants Manager, went over the amendments necessary to record certain revenues and to make appropriations for certain expenditures in the General Fund, the Law ..,., Enforcement Trust Fund, and the Utilities Fund for the 06/ 07 budget. In response to the total dollar amount taken out of the reserve fund, Ms. Dunworth replied approximately $ 420,000 across all funds. In response to the question on the remaining balance of the reserve funds the Finance Director replied it is projected to be $ 10. 5 - $ 11 million at year end. Kabe Woods, 240 Brooks Streets, wished to know whether the reserve fund is still at 30%, if the City is still able to maintain it with the reduction, and if the 55% is still accurate in terms of reserves. The Finance Director replied the City would still be able to maintain the reserves as required. Mr. Minich moved to approve Res. 07- 14. Mr. Reeves seconded motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. Regular Council 9- 11- 07 139 APPOINTMENT TO CODE ENFORCEMENT BOARD Consideration of appointment( s) to the Code Enforcement Board. The Mayor opened the floor for nominations to appoint a regular member for the unexpired term until June 10, 2008. Mr. Minich nominated Adam Ehrlich as a regular member for the unexpired term. The Mayor called for the vote on the nomination to appoint Adam Ehrlich, 103 Oregon Drive, as aregular member on the Code Enforcement Board for the unexpired term until June 10, 2008 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor opened the floor for nominations to appoint an alternate member for a three- year term until September 10, 2010. Dr. Pullen nominated Lewis Jennings as an alternate member for a three- year term. The Mayor called for the vote on the nomination to appoint Lewis Jennings, 605 Mooney Road, as an alternate member on the Code Enforcement Board for a three-