Fort Walton Beach Council agenda — 02-22-11 regular — reading text

9 -14 -10 RES. 201031— NUMERIC WATER NUTRIENT LEVELS cont. Mr. Beedie said the City has the most stringent requirements and the unfunded mandate will affect the stormwater and the 60 outfalls with a financial impact in the millions. He said the Florida League of Cities has requested support in opposing the EPA proposal. He mentioned the major objection is that it affects all waters and the City has no control over the water that comes from other states. The Mayor opened the floor for public comment Henry Kelley, 344 Oakland Circle, on behalf of the Fort Walton Tea Party, relayed their support of the resolution as the mandate is limited to the State of Florida at this time. He said the Tea Parry has been active in this issue and offered to help the City with whatever they can do. As no one else wished to speak public comment was closed. Mr. Reeves moved to approve Res. 2010 -31. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Minich, Rigdon, and Rynearson in favor and gossom and Nabors opposed. PUBLIC HEARING: ORD. 1837 —FIREFIGHTERS' PENSION TRUST FUND The City Attorney read the ordinance on first reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AMENDING THE CITY OF FORT WALTON BEACH MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED BY ORDINANCE NO. 1174, AS SUBSEQUENTLY AMENDED; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. a Mike Dutton, Fire Chief, explained the ordinance cleans up the old language and brings it up -to -date to conform to IRS rules and changes in state law. O P Mr. Minich moved to postpone Ord. 1837 until all staff input is presented. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and c Rynearson in favor. r Iq It- QUASI-JUDICIAL PUBLIC HEARINGS m The City Attorney gave the oath to all parties who expected to testify. E 0 L It was noted for the record there were no property owners present. PUBLIC HEARING: ORD. 1828 —REZONE 600 & 602 MOONEY ROAD NE M co The City Attorney read the ordinance on second reading by title. T- ANAN ORDINANCEORDINANCE OFOF THETHE CITYCITY OFOF FORTFORT WALTONWALTON BEACH,BEACH, FLORIDAFLORIDA PROVIDINGPROVIDING FORFOR AUTHORITY;AUTHORITY; PROVIDINGPROVIDING FORFOR FINDINGSFINDINGS OFOF FACT;FACT; PROVIDING PROVIDING FORFOR PROPERTYPROPERTY DESCRIBED DESCRIBED ASAS 600600 MOONEYMOONEY ROADROAD NORTHEASTNORTHEAST ANDAND 602602 MOONEY MOONEY ROADROAD NORTHEAST,NORTHEAST, MOREMORE PARTICULARLY PARTICULARLY DESCRIBED DESCRIBED ININ THETHE BODYBODY OFOF THETHE ORDINANCE,ORDINANCE, TOTO BEBE REZONED REZONED FROMFROM OKALOOSA OKALOOSA COUNTYCOUNTY RSSRSS ( ( RESIDENTIALRESIDENTIAL SUBURBANSUBURBAN SINGLE)SINGLE) TOTO CITYCITY OFOF FORTFORT WALTONWALTON BEACHBEACH RR- - 11( ( SINGLESINGLE FAMILY)FAMILY) DISTRICT;DISTRICT; PROVIDINGPROVIDING FORFOR THETHE AMENDMENT AMENDMENT OFOF THETHE AFFECTED AFFECTED PORTION PORTION OFOF THETHE OFFICIALOFFICIAL ZONINGZONING MAP;MAP; PROVIDING PROVIDING FORFOR SEVERABILITY;SEVERABILITY; ANDAND PROVIDINGPROVIDING FORFOR ANAN EFFECTIVEEFFECTIVE DATE.DATE. MichaelMichael Beedie,Beedie, Utilities/Utilities/ Engineering Engineering Director,Director, statedstated nothingnothing hashas changedchanged sincesince firstfirst readingreading onon thethe CityCity initiatedinitiated rezoning.rezoning. HeHe submittedsubmitted thethe staffstaff reportreport forfor thethe record.record.  LEWIS, LONGMAN & WALKER, P.A. 4. ; J t c - S. r. REPLY To: TALLAHASSEE MEMORANDUM TO: Brandy Wunker, Finance Director City of Fort Walton Beach FROM: Jim Linn and Glenn E. Thomas DATE: September 23, 2010 RE: Firefighters' Pension Trust Fund —Federal and State Compliance Issues We have reviewed the ordinance amending the City' s Municipal Firefighters' Pension Trust Fund which was enclosed with Lee Dehner' s letter of August 19, 2010. You indicated that the TT TT City would like advice on the proposed ordinance; specifically, which proposed revisions are rr required by federal or state law or regulations, whether there are any substantive changes not required by law and whether there are any substantive changes from the prior ordinance. Our analysis and comments on the proposed plan amendment follow. The proposed amendment contains several changes to the retirement plan, which are addressed by plan section below. Definitions) Section 1 Actuarial Equivalent The definition of " Actuarial Equivalent" is amended to add language providing that actuarial assumptions are not subject to city discretion The Internal Revenue Code requires that actuarial assumptions be specified in the plan in a way which precludes employer discretion. I.R.C. 401( a)( 25). In our opinion the proposed language accurately reflects the required Code provision. However, we note that the proposed revision does not update the 1983 Group Mortality Table. Other actuaries have recommended that the RP 2000 mortality table, projected to 2010 for healthy participants, be used. The City may wish to have an independent actuary review this. Helping Shape .Florida' s Future® BRADENTON JACKSONVILLE TALLAHASSEE WESTWEST PALMPALM BEACHBEACH 1001 3`d Avenue West 245 Riverside Avenue 2600 Centennial Place 515515 NorthNorth FlaglerFlagler DriveDrive Suite 670 Suite 150 Suite 100 SuiteSuite 15001500 Bradenton, FL 34205 Jacksonville, FL 32202 Tallahassee, FL 32308 -0572 WestWest PalmPalm Beach,Beach, FLFL 3340133401 941) 708 -4040 904) 353- 6410 850) 222 -5702 561)561) 640640 - - 08200820 Fax: ( 941) 708 -4024 Fax: ( 904) 353 -7619 Fax: ( 850) 224 -9242 Fax:Fax: ( ( 561)561) 640640 - - 82028202 www.11w -law.com September 23, 2010 Page 2 Credited Service The definition of " Credited Service" is amended to reflect changes to the Uniformed Service Employment and Reemployment Rights Act ( USERRA). The suggested revisions accurately reflect recent changes in USERRA and are required. The definition is also amended to permit employees to leave contributions in the Fund for five years following termination of employment. While not required by law, the provision is not objectionable and could be beneficial should a member become reemployed at a later date. However, we would recommend the revised language make it clear that contributions left in the Fund will not earn interest during the period following termination of employment. Language is also included to address IRS automatic rollover rules ( explained in greater detail below). Firefighter The definition of " firefighter" is amended to include certified supervisory and command personnel. The amendment is required by recent changes to Chapter 175, Florida Statutes [ See section 175. 032( 8), Florida Statutes ( 2009)]. Because the current definition includes all certified firefighters, this provision would not materially change the effect of current law. IT- qt Salary v