Fort Walton Beach Council minutes — 10-28-08 regular minutes — reading text

carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( and Miller Hartwell absent). QUASI- JUDICIAL PUBLIC HEARING: RES. 08- REPLAT OF NEW GERMANY ADDITION 36.. The City Attorney read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, VACATING THE REPLAT OF NEW GERMANY ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 60 OF THE f"'" OFFICIAL RECORDS OF OKALOOSA COUNTY FLORIDA; AND SETTING AN EFFECTIVE DATE. The City Attorney advised Res. 08- 36 accompanIes Mr. Strickland' s application on the previous ordinance and completes the application. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Res. 08- 36. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( and Hartwell absent). Miller 38 Regular Agenda 10/ 28/ 08 PUBLIC HEARING: ORD. REMOVE INAPPLICABLE PROVISION 1783.. The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 15 OF THE CITY CHARTER TO REMOVE ARCHAIC AND INAPPLICABLE PROVISION THAT WAS NULLIFIED AND REPEALED BY THE HOME RULE POWERS ACT OF 1973; AND PROVIDING AN EFFECTIVE DATE. ~ JI The City Attorney advised this ordinance removes the reference to civil service employees ftom the Charter as discussed and detennined during the City Charter review. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1783 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). PUBLIC HEARING: ORD. COUNCIL MEETING DATES AND TIME 1782.. The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 2. 01.03 OF THE CODE OF ORDINANCES REGARDING MEETING DATES AND TIME FOR CITY COUNCIL MEETINGS; AND SETTING AN EFFECTIVE DATE. The City Attorney informed this ordinance changes the provision to allow Council to meet at 6 pm instead of 7 pm, and also allows them to meet on any other of the month days as deemed necessary by Council. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1782 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). FUTURE AGENDA ITEMS The City Manager pointed out the review of the lien process has been added as a Future Agenda Item at a date to be determined. CURE PLAN FOR POSSIBLE SUNSIDNE VIOLATIONSIDRC COMMITTEE Consideration of plan and method to cure possible Sunshine Violations by the Development Review Committee. The City Attorney advised that considerable time has been put into the attempt to cure Development .~ Review Committee ( DRC) meetings that occurred outside of the Sunshine Law. She she and ~ reported Staff have come to the conclusion that 10 of the projects will need review by Council as Council is the ~ final authority on them, and 8 of the projects will return to the DRC as the Committee was the final I' authority on those projects. ..., The City Attorney continued that she is requesting in her memorandum that Council set a date or dates, as deemed necessary, to review the projects so they can be done in a timely manner to relieve the concerns of developers and the DRC issues. Dr. Pullen questioned whether someone could bring a lawsuit against the City on moot projects (projects that are built out and have received a final Certificate of Occupancy).  39 Regular Agenda 10/ 28/ 08 CURE PLAN (CONT) The City Attorney responded that she does not relate her conclusion of the issue of the DRC meetings being moot as determining whether or not someone can bring a lawsuit. Also discussed was that the City Attorney has outlined notice requirements and procedures for conduct of the cure meetings of the Council and/or the DRC. Discussion continued regarding the estimated length of time to discuss each project; that both Staff and r the Council are familiar with the projects; and that a one that specific days be set so projects can be be set on which plan properly noticed. will be handled at projects any meeting, as projects currently under construction or ready for construction have a priority status, and The City Manager advised that advertising requirements with the Daily News have to be taken into consideration, and the earliest date available would be Wednesday, November 12. The Mayor asked for public input. There was none. Mr. Minich moved to approve the cure plan as set forth in the City Attorney' s final report. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). Mr. Minich moved to schedule a special meeting to consider the applications for the following projects on Wednesday, November 12 at 5: 30 pm and, if needed, Thursday, November 13, at 5: 30 pm: Dorsett Ventures, Sunrise, Landmark, Joe & Eddies, O' Sullivan Creel Building, La Quinta Inn, Alconese Terrace, Sullivan Condominiums, Beulah Baptist Remodel, and Harbour Place Apartments. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). Dr. Pullen advised if a meeting is needed on November 13, he will not be available. The Mayor expressed his displeasure at the coverage given by the Daily News on this subject, stating he thought the articles were misleading and inappropriate. SUNSmNE LAW DISCUSSION Discussion on Sunshine Law violations and possible action. Dr. Pullen explained he placed this item on the agenda because he thinks it is time that Council examine what has been taking place within the City Sunshine Law violations, and focus on what regarding possible needs to be done to correct the problems to ensure they do not reoccur. Dr. Pullen advised he has spoken with a local judge about events in the City, and that the judge agreed that elected officials who are aware of a violation of laws and does become a nothing part of the problem. Dr. Pullen expressed his concern for potential litigation because of the matter, and even though the City f""has liability insurance to cover the City, employees, and elected officials, he feels it is doubtful the insurance would cover anyone who knowingly violates City ordinances and state laws. He stated that the t,'f City Manager and her staff should know and be familiar with the ordinances they helped to write. Dr. Pullen continued by noting some examples he felt were violations of the Sunshine Law, including supposed mismanagement of the water line at the Presidio; the flooding at the Headstart building; and the CDBG HUD grant that was brought to Council in August of 2007. He also mentioned recent activity, including an e- mail ftom the Public Services Director to the City Attorney, and the signatures of employees in support of the City Manager in reference to an unrelated matter. 40 Regular Agenda 10/ 28/ 08 SUNSIDNE LAW DISCUSSION ( CONTI Dr. Pullen expressed his displeasure at the response by the Finance Director to a request for information regarding the salaries and benefits of certain employees. Dr. Pullen advised he