Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

City Council for the opportunity to sit on the Panel. The City Attorney noted there is a recommendation regarding the sign ordinance and mentioned there is a Settlement Agreement with Lamar Signs that requires a review every two or three years; and it is riot as clear for non -conforming signs. She said there has been no legal conclusion on any of the recommendations. Mr. Reeves moved to accept the Final Recommendation Report and direct staff to develop an action plan to implement those recommendations selected by City Council, at a future meeting, for further consideration. Mr. Garvie seconded motion. Mr. Rynearson thought it more appropriate for Council to have the meeting before staff develops the action plan. Mr. Reeves and Mr. Garvie accepted that as an amendment to the motion. The Mayor called for the vote on the motion, as amended, and it carried unanimously with Holmes, Reeves, IGarvie, Nabors, Patterson, and Rynearson in favor (Miller absent). MERRILL LYNCH LEGAL ACTION Council consideration of the City pursuing a lawsuit against Merrill Lynch for General Employee Pension Fund losses. 2- Special Council 2 -9 -10 8.1 MERRILL LYNCH LEGAL ACTION cont. The Finance Director introduced Gregory Miller, attorney with Beggs & Lane, who will go over the analysis of potential damages incurred by the City as a result of Merrill Lynch' s actions. Gregory Miller, attorney with Beggs & Lane, described his background experience as well as the experience of the other firms of Levin Papantonio Thomas Mitchell Eschner & Proctor and Ledbetter & Associates involved in a lawsuit against Merrill Lynch and Michael Callaway on behalf of the Fort Walton Beach Firefighters Pension, and other pensions around the State. He gave some background on what occurred with Merrill Lynch and the examination by the SEC on potential conflicts of interest. He went over the preliminary damage assessment 'of the City' s fund with a conservative under performance estimate of $1. 315 million, without compounded damages; mentioned their review of the contract to determine if there is a soft dollar arrangement and whether there is a mandatory arbitration clause or a trial clause found there is no arbitration clause which leaves the option open on how best to go forward; that the dollar figure puts it over the limit where arbitration is not in the best interest of the City and they would recommend litigation on anything above $ 1 million. He described how they have been taking on these cases in the State of Florida on a contingency fee basis and would leave a contract for the City to review. In response to the question on why the City may not want to consider litigation, the City Attorney replied the only reason may be because of the amount of funds the City may lose on a contingency arrangement as compared to some other type of an arrangement for fees, and another issue is absolute recovery as this is not a class- action lawsuit. She stated that Beggs & Lane had received an old contract to review and suggested the City may want to ask them to give review of a specific contract as there may be some other provisions in that contract. There was reluctance expressed by Council to make a decision this evening on whether to pursue 23rd a lawsuit and it was agreed to defer the issue as an action item to the February Council meeting. ADJOURNMENT Being no further business, the meeting adjourned at 5: 56 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm 3-  MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 9, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 9, 2010, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, _Bobby Nabors, Bill Patterson, and Dick Rynearson. Absent: Virgil Miller Also Present: Robert Mearns, 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 /PLEDGE OF ALLEGIANCE Pastor Rob Bohnsack, First Presbyterian Church, gave the Invocation. Youth members of First Presbyterian Church ]led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation warning against the dangers of smokeless tobacco to the Students Working Against Tobacco Club of Fort Walton Beach High School. APPROVAL OF AGENDA Mr. Rynearson moved to approve the agenda as the business of the day. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). PRESENTATION Fort Walton Beach Fire Captain Gary Kruschke described his recent experience as the leader of the Florida One Disaster Medical Assistance Team ( FL -1 D.M.A.T.) deployed to Haiti to assist the earthquake victims and relayed his team of 31 individuals were able to screen, treat, and maintain 7, 500 people, 350 of them critical, during the fifteen days they were deployed. He thanked the City for being extremely supportive in allowing him to leave his job to go over to Haiti. CONSENT AGENDA Mr. Patterson moved to approve the following consent agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). APPROVAL OF MINUrrES Approval of minutes of January 16, 2010, Council Retreat, Special Meeting on January 26, 2010, and Regular Meeting on January 26, 2010. 4-  Regular Council 2 -9 -10 84 ANNUAL PESTICIDE BID Award Bid # 10 -004 Annual Pesticide Bid to the lowest, responsive, responsible bidders for the purchase of various pesticides, on an as needed basis not to exceed $ 147, 600, for use by the Recreation Cultural Services Department to include Golf Club Maintenance, Park Maintenance, Right -of W - ay Maintenance, and Cemetery divisions. ANNUAL INSECTICIDE BID Waive the bidding process and award the Annual Insecticide Bid to Bayer Environmental Science Company, sole source vendor, for the purchase of Chipco Choice ( patented product through 2010) at a cost of $325. 00 per acre not to exceed $ 50,700 for mole cricket control on 136 acres at the golf course and 20 acres of athletic fields. GRANT APPLICATION - LED STREET LIGHTS Authorize the City Manager to transmit a grant application to the Florida Energy and Climate Commission for consideration ( on the- application request for $ 881, 100 in Energy Efficiency and Conservation Block Grant funds to retrofit street lights and gym lights with new LED lights and obtain the Florida Green Government designation; part of the sub grant program from the State of Florida to provide funding to local governments for implementing " green" local government activities to reduce energy use and fossil fuel emissions while fulfilling other goals of the American Recovery and Reinvestment Act of 2009). RESOLUTION 2010 -4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA URGING FLORIDA' S CONGRESSIONAL DELEGATION TO APPROPRIATE FUNDING TO THE NATIONAL MARINE FISHERIES SERVICE ( NMFS) SO THAT A NEW, FULL -BLOWN STOCK ASSESSMENT CAN BE CONDUCTED FOR EACH GULF SPECIES THAT IS TO BE MANAGED. FURTHER THAT THE NEW, FULL -BLOWN STOCK ASSESSMENT BE CONDUCTED BY A CREDIBLE INDEPENDENT THIRD -PARTY SOURCE. FURTHER THAT THIS NEW FULL -BLOWN STOCK ASSESSMENT BE USED BY THE NMFS IN ORDER TO COMPLY WITH THE FEDERAL MANDATES OF THE MAGNUSON -STEVENS FISHERY MANAGEMENT ACT ( THE ACT); PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE RESOLUTION TO THE NORTHWEST FLORIDA LEAGUE OF CITIES AND FLORIDA' S CONGRESSIONAL DELEGATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor mentioned that the Okaloosa County League of Cities and the Northwest Florida League of Cities have both passed similar resolutions. He opened the floor for public input. Kabe Woods, 240 Brooks Street, spoke in support of the resolution and expressed there are fellow citizens whose livelihood are in jeopardy and the time has come for the National Marine Fisheries to undertake a new stock assessment of certain fish species in the Gulf. As no one else wished to speak, public input was closed. Mr. Holmes moved to approve Resolution 2010 -4. Mr. Nabors seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor ( Miller absent). 5- Regular Council 2 -9 -10 85 PUBLIC HEARIN( T: ORDINANCE 1819 - ABOLISH BEAUTIFICATION COMMITTEE The City Attorney read the ordinance by title. AN ORDINANCE OF: THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 03, BEAUTIFICATION COMMITTEE, TO ABOLISH COMMITTEE; AMENDING SECTION.2. 13, TREE BOARD, TO ABOLISH BOARD; AMENDING SECTION 2. 11, MUNICIPAL PLANNING BOARD, TO APPOINT DUTIES OF TREE BOARD TO MUNICIPAL PLANNING BOARD AND OTHERWISE AS NEEDED RESOLVING CONFLICTING PROVISIONS AND SEVER.ABILITY; AND SETTING 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 Ordinance 1819 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). APPOINTMENT —HOUSING AUTHORITY BOARD Approval of the Mayor' s appointment of the tenant commissioner on the Fort Walton Beach Housing Authority. The City Clerk reported the tenant commissioner position has been vacant since 2005 and various attempts to recruit applicants have been unsuccessful until Cynthia Pride submitted an application. She said the appointment will be for a four -year term. The Mayor recommended Council approve his appointment of Cynthia Pride. Mr. Garvie pointed out the tenant commissioner position is hard to fill and gave Ms. Pride credit for stepping forward to serve. Mr. Garvie moved to approve the Mayor' s appointment of Cynthia Pride, 49 Buchanan Court, to serve as the tenant commissioner on the Fort Walton Beach Housing Authority for a four -year term