Fort Walton Beach Council minutes — 09-08-09 regular minutes — reading text

281 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 8, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 8, 2009, at 6:00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, 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 AND PLEDGE Reverend James Pitts, New Zion Tabernacle Church, gave the Invocation and led in the Pledge of Allegiance. PROCLAMATION –CONSTITUTION WEEK The Mayor presented a proclamation to Margaret Nichols proclaiming September 17 through September 23, 2009 as Constitution Week. PROCLAMATION —EMERALD COAST WILDLIFE REFUGE The Mayor presented a proclamation to Jerry Melvin proclaiming the month of September 2009 as Wildlife Refuge Month. MUSEUM DIRECTOR WELCOME The Mayor introduced Ellen Heron, the new director of the Heritage Park and Cultural Center. APPROVAL OF AGENDA The Mayor advised that Item 5. 2, Ord. 1791 to amend the Comprehensive Plan, has been withdrawn due to advertising requirements. He also advised that Item 2.4 Res. 2009 -36 has been revised, and Council has been provided the backup information for Item 7. 8 accepting funds from the US Marshals Service. Mr. Reeves moved to approve the revised agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Council received clarification on the City' s Community Rating System from FEMA on flood insurance for special flood hazard areas. APPROVAL OF MINUTES Approval of the minutes of the Executive Session of August 25, 2009 and the Regular Council Meeting of August 25, 2009.  Regular Council meeting 9 -8 -09 282 LOCAL MITIGATION STRATEGY PLAN OF IMPLEMENTATION To accept the Local Mitigation Strategy Status of Plan Implementation report as prepared by the Okaloosa County Comprehensive Plan Committee, dated July 21, 2009, as required by FEMA as part of the Community Rating System for the National Flood Insurance Program. CONTRACT WITH VMS -FDOT RIGHTS OF WAY Approve the contract with VMS to maintain the FDOT rights -of w - ay within the City limits and authorize the City Manager to sign the agreement, subject to the City Manager' s satisfaction of the resolved issues regarding the agreement. RESOLUTION 2009 -36 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, TO SUBMIT TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS, THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM, AN APPLICATION FOR FINANCIAL ASSISTANCE FOR RENOVATING FERRY PARK AND PROVIDING AN EFFECTIVE DATE. OUASI- JUDICIAL - 103 ALABAMA AVENUE Vacation of Easement at 103 Alabama Avenue, requested by John Mead, authorized agent for Barber Construction Company. Michael Beedie, City Engineer, advised the applicant requested this item be continued until the Council meeting of September 22, 2009. Mr. Garvie moved to continue the item until the September 22, 2009 Council meeting. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1810 - EXCLUSION OF COST RECOVERY FEE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 4.02, EXTRAORDINARY EXPENSES FOR EXTRAORDINARY SERVICES TO EXCLUDE COST RECOVERY FOR FIRE SERVICES RELATED TO MOTOR VEHICLES; AMENDING FIRE SERVICES SECTION OF THE CITY' S COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. Fire Chief Mike Dutton advised there have been no changes since first reading of the ordinance. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1810 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1791 — AMEND COMPREHENSIVE PLAN AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE ECONOMIC DEVELOPMENT ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. This ordinance was withdrawn due to advertising requirements. MUNICIPAL PLANNING BOARD APPOINTMENT Consideration of appointment to Municipal Planning Board for an unexpired term until June 24, 2012. The City Clerk advised there is one vacancy and four applications on file. Regular Council meeting 9-$- 09 283 MUNICIPAL PLANNING BOARD APPOINTMENT cont. Mr. Holmes nominated Sheila McKinnie, 742 Butler Drive NW, Fort Walton Beach. Mr. Garvie nominated Donald Panzenhagen 267 Ewing Court, Fort Walton Beach. The Mayor advised nominees will be voted on in alphabetical order, and the first person to get four votes is appointed. The Mayor called for the vote for Sheila McKinnie with Holmes, Reeves, and Nabors in favor. The Mayor called for the vote for Donald Panzenhagen with Miller, Garvie, Patterson and Rynearson in favor. The Mayor announced Donald Panzenhagen has been appointed to the Municipal Planning Board to fill the unexpired term until June 24, 2012. INVEST SURPLUS FUNDS IN MONEY MARKET Approve staff' s request to invest surplus funds in Money Market Portfolios. Brandy Wunker, Finance Director, advised staff is requesting Council' s endorsement of the recommendation to invest $ 2 million in two separate money market funds offered by PFM Asset Management and informed the two funds are designed specifically for public sector investors and are authorized investments for the vested in City' s current investment policy. Ms. Wunker continued that currently the City' s funds are 100% the financial institution sector and given that staff feels it is prudent to diversify that portfolio. She further explained because of the recent history with money market funds and the City was invested wholly in the government series funds, staff would prefer to invest in two separate funds. David Jang of PFM Asset Management discussed the importance of diversifying investments and that PFM funds are designed primarily for governmental agencies. The Mayor asked for public input. As no one wished to speak public input was closed. Mr. Garvie moved that City Council endorse the following: 1) Transfer $ 1M to PFM Asset Management, Government Series market portfolio; 2) transfer $ 1M to PFM Asset money Management, Prime Series money market portfolio. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. REVIEW OF LEASES Review of Leases for Emerald Coast Science Center, Highsteppers, Kiwanis and Emerald Coast Gem and Mineral Society. The City Manager explained that in July Staff evaluated city -owned properties to determine how many are qualified for sale, how many have long -term leases, and how many properties exist with expired or expiring leases. These findings were discussed at an August 3 Special Council meeting, and a form was given to each applicant to complete and return to the City, and since then four entities have completed the form and submitted their requests: 1) Emerald Coast Science Center; 2) Kiwanis Club Boy Scout Hut; 3) Highsteppers; and 4) Playground Gem and Mineral Society. Emerald Coast Science Center The City Manager reported that the lease for the Emerald Coast Science Center, located at 138 Brooks Street, expired March 23, 2009; it was originally leased on May 25, 1995, rent is $ 1, 000 per year and the City provides all maintenance. He said the estimated fair market rental value per the Economic Development Council is between $ 10 and $ 13 per square foot, or $59,490 - $ 77, 337 per annum and the Science Center use is not permitted in the MLW -18 zoning district. The Mayor opened the floor for public input.  9 -8 -09 Regular Council meeting 284 Emerald Coast Science Center cont. Jamie Lafollette, Executive Director of the Emerald Coast Science Center, discussed how the center is the only hands -on science center between Jacksonville and Mobile, is an attraction for downtown, how they participate in local community events, educate children of all ages, provide child care during the summer and on early release days, educate teachers and provide teacher education, offer discount programs to retirement communities and low income child care associations in the City. He mentioned their plans to continue to expand, renovate and replace some exhibits, and to add a planetarium and meeting hall. He expressed that the Science Center should remain at its location at the Landing because it is a large tourist draw, is one of two museums in the downtown area, is a family attraction, is a place for children when the parents are at work, contributes to the quality of life, and improves the attractiveness of Fort Walton Beach to people who move here. He mentioned the center has support from the businesses and has also pledged funds in the campaign to bring Southwest to VPS. He said in terms of the lease the Center is willing to be responsible for maintenance of the building interior depending on the lease amount. Questions were asked whether the schools from Escambia, Santa Rosa, Walton, and Okaloosa contribute toward the upkeep, and whether the Center has looked at other grant opportunities. Mr. Lafollette confirmed that all the schools pay for their services, each child pays $ 3. 00 to enter. Bob Gaskin, former Executive Director, confirmed they do pursue grant opportunities. He then went over the history of how the museum was started. Mr. Lafollette offered their desire for a 20 year lease period with check points at 7 and 14 years to come back to Council to see what has been happening at the Center and if the City feels they are contributing, or a 15 year lease with a check point in the middle, or a straight 10 year lease. He expressed their desire to remain at the Landing and are willing to negotiate. Alexis Tibbets,