Fort Walton Beach Council minutes — 09-14-2010 regular — reading text

229 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 14, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 145 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 Meares, 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 Charles Sansom, Jr. of Family of Faith Church gave the invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. PROCLAMATION —CONSTITUTION WEEK The Mayor presented a proclamation to Felicia Ritz declaring the week of September 17 — 23, 2010 as Constitution Week. PROCLAMATION —BOY & GIRLS CLUBS DAY The Mayor presented a proclamation to Lauren Von Bergen declaring Saturday, September 18, 2010 as Boys & Girls Clubs Day for Kids. RECOGNITION Paula Shell, CEO of Big Brothers/Big Sisters presented a Certificate of Recognition to Councilman Bobby Nabors as the Big Brother of the Year Award. Miriam Buckley relayed how important Bobby Nabors has become to her family and the positive influence he has had on her son. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CONSENT AGENDA Mr. Minich moved to approve the following consent agenda items. Mr. Reeves seconded motion. Mr. Minich noted funding from the County for the Library Co -Op is cut about 40% and they expect to receive the same service as last year and Fort Walton Beach to pick up the slack. He suggested as they move forward they need to find those items that service the citizens and all others pay their fair share. Council received clarification that the recommendation on the Fertilizer Bid is to award the bid to the lowest responsible bidders Regal Chemical for the 20 -2 -20 fertilizer and the 20 -0 -10 premium fertilizer and to John Deere for the 20 -0 -10 premium fertilizer. 230 Regular Council 9 -14 -10 CONSENT AGENDA cont. Mr. Minich moved to amend the award for the Fertilizer Bid to Regal Chemical for the 20 -2 -20 fertilizer and the 20 -0 -10 premium fertilizer and to John Deer for the 20 -0 -10 premium fertilizer. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. Council received clarification that award amount for the self contained - vacuum excavation unit is 48, 088. Mr. Minich moved to amend the award of the self -contained vacuum excavation unit to the bid amount of $48, 088.00. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. The Mayor called for the vote on the motion to approve the consent agenda, as amended, and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. APPROVAL OF MINUTES Approve the minutes of the Regular Meeting of August 24, 2010. FERTILIZER BID To award Bid # 10 -015 Annual Fertilizer Bid to the lowest responsive, responsible bidders, Regal Chemical ( 20 -2 -20 fertilizer and 20 -0 -10 premium fertilizer) and to John Deer ( 20 -0 -10 premium fertilizer - Ronstar) for approximately 210, 000 pounds of fertilizer purchased as needed for the Recreation Cultural Services Department at an estimated cost of $97, 300. RBC DEMOLITION BID Award Bid 10 -018 for the Demolition and Removal of the RBC units at the City' s Wastewater Treatment Plant to the lowest responsive, responsible bidder meeting all specifications, Deco Industrial to provide all labor, materials, and equipment to dismantle, remove, and dispose of 21 each RBC assemblies, at no cost to the City ( all materials, with the exception of the concrete slab and fiberglass covers, will be removed and become the property of the contractor and shall be completed within 90 days of issuance of the Notice to Proceed). VACUUM UNIT BID Award Bid 10 -019 Self Contained - Vacuum Excavation Unit to the lowest, responsible bidder meeting all specifications, Vermeer Southeast, in the amount of $48, 088 for the purchase of a self contained - vacuum excavation and valve exerciser unit for installing water meters and the FDEP required water valve exercising program. LIBRARY INTERLOCAL AGREEMENT Approve the proposed Okaloosa County Public Library Interlocal Agreement as written and submitted by the Okaloosa County Public Library Cooperative Governing Board ( for a one -year term with the City to received $ 79, 671 in FY 2010/ 11). LOCAL MITIGATION STRATEGY Accept the Local Mitigation Strategy Status of Plan Implementation Report as prepared by the Okaloosa County Comprehensive Plan/ Local Mitigation Strategy Committee, dated September 1, 2010, as required by the Federal Emergency Management Agency as part of the Community Rating System for the National Flood Insurance Program. OSSI SUPPORT SERVICES CONTRACT Approve contract for OSSI Support Services and authorize the City Manager to sign the SunGard HTE OSSI software upgrade contract. Regular Council 9 -14 -10 231, PUBLIC COMMENTS Cliff Long, Government Affairs Emerald Coast Realtors Association, encouraged Council to reconsider their decision on the millage rate and requested Council consider appointing a work group of citizens to look at whether or not an increase in ad valorem is necessary prior to the adoption of the budget. RES. 2010 -29 —LOCAL HOUSING ASSISTANCE PLAN The Mayor read the resolution by title A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS AND CERTIFICATIONS, AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE; AND PROVIDING AN EFFECTIVE DATE. Michael Beedie, Utilities /Engineering Director, explained each year the Okaloosa Community Development Corporation (OCDC) is required to update the Local Housing Assistance Plan ( LHAP). He said it is a requirement of the Florida Housing Finance Corporation that the Okaloosa County Development Corporation renew the existing LHAP even though there have been no SHIP funds allocated by the Florida Legislature for the past two legislative sessions. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. Mr. Reeves moved to approve Res. 2010 -29. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -30 —CITY GOVERNMENT WEEK The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, RECOGNIZING CITY GOVERNMENT WEEK, OCTOBER 17 -23, 2010 AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES; AND PROVIDING AN EFFECTIVE DATE. The City Manager stated during government week the employees will be treated to a luncheon on October 20`'' and the City will have brochures available for the public. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. Ms. gossom moved to approve Res. 2010 -30. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -31— NUMERIC WATER NUTRIENT LEVELS The Mayor read the resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA IN OPPOSITION TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S ( EPA) PROPOSAL TO ENACT NEW STRINGENT NUMERIC NUTRIENT WATER QUALITY STANDARDS TO BE APPLICABLE FOR ALL LAKES, FLOWING WATERS, CLASS III WATERS, AND COASTAL WATERS THROUGHOUT AND ADJACENT TO THE STATE OF FLORIDA AS AN AMENDMENT TO 40 CFR, PART 131. 43 AND THE CLEAN WATER ACT, AT SEC. 303( c); AND PROVIDING AN EFFECTIVE DATE. Michael Beedie, Utilities /Engineering Director, explained the resolution expresses the City' s opposition to the numeric criteria under a new rule mandated by the Environmental Protection Agency that will require the City to meet certain limits for nutrient and phosphorous.  Regular Council 9 -14 -10 232 RES. 2010 -31— 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 Party 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 BEACH MUNICIPAL FIREFIGHTERS' PENSION TRUST FUND, ADOPTED BY WALTON ORDINANCE NO. 1174, AS SUBSEQUENTLY AMENDED; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 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. 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 Rynearson in favor. QUASI -JUDICIAL PUBLIC HEARINGS The City Attorney gave the oath to all parties who expected to testify. It was noted for the record there were no property owners present. PUBLIC HEARING: ORD.