Fort Walton Beach Council agenda — 04-22-08 regular agenda — reading text

City should pursue the avenue of boating improvement funds before putting user fees on boat launches as he did not want to fund the whole park with a user fee to launch and recover his boat and expressed it is unfair to put the maintenance of the whole park on the back of the boaters. He would agree if the ordinance stated the purpose would be to use the fee for all boating facilities in the City but opposed it if the fee is spent all over the parks. He suggested Council send the ordinance back to be redone to justify why they need the fees, where the fees will go, and why the City has not gone through the State boater' s improvement fund to get fees. Tiffany Spence ( no address given) voiced her opposition to the $ 5. 00 fee at Liza Jackson Park as she expressed her views that the park is for the whole community, it was not fair because they all pay taxes, and it is taxing one group of people to fix a problem. Barbara deVaux, 348 Marie Circle, spoke against the $ 5. 00 fee at Liza Jackson and expressed her views that it penalizes the citizens and they should not have to pay a fee to launch their boats. Regular Council 4 -8 -08 M ORD. 1760 cont. Kevin McDaniel, 1046 Quail Hollow Drive, Mary Esther, expressed concern that the $ 5. 00 fee at Liza Jackson Park which is small now will grow and grow and expressed his views that this is a and suggested there be a boating tY and theY should not be charged to launch their boats, g community fee to enter the park. As no one further wished to speak the public hearing was closed. Mr. Miller moved to adopt Ord. 1760 on first reading as amended to change Section III, line At Liza 38 to read, " Establish Parking, Docking, and Boat Launch/Recovery', and delete ` Jackson Park'. Mr. Garvie seconded motion. Discussion ensued with an exchange of views on the move toward user fees to offset the decrease in taxes. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Miller, Garvie, and Pullen in favor and Reeves and Minich opposed (Hartwell absent). FUTURE AGENDA ITEMS The City Manager reported that the item on the Sunshine Laws and Communications with Council and Charter Officers and the item on Comments and Reprimands for Charter Officers have been removed from future agenda as Councilman Hartwell asked they be prepared as reports to Council rather than as workshop items. The City Manager requested that the annexation process be moved to the May 13th workshop; that a Budget Policy Workshop be held on May 20th and the Charter 17th. Review Workshop scheduled for May 20th be moved to June It was noted that the budget policy workshop will include Councilman Pullen' s item on the reorganization of City staff, and staff will address the golf club funding issue. Mr. Minich moved to approve the Future Agenda Items as modified by the City Manager. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). ORD. 1760: BOAT LAUNCH/RECOVERY AND OVERNIGHT DOCKING FEES Dr. Pullen expressed he wanted to change his vote on Ord. 1760. Dr. Pullen moved to reconsider Ord. 1760. Motion died for lack of second. AUTOMATIC AID BETWEEN FIRE DEPARTMENTS AND PUBLIC SAFETY Consideration of a request for Council approval of the Agreement for Automatic Aid between Area Fire Departments and Department of Public Safety. Mike Dutton, Fire Chief, briefly explained this is a yearly event and no Fire Department can comply with OSHA' s two in, two out requirement without assistance from other departments. He explained the two in, two out requirement means there have to be two outside before two can go inside to attempt a rescue. The Mayor opened the floor for public input. As there was none public input was closed. to the Agreement for Automatic Aid between area Fire Mr. Garvie moved approve Departments and Department of Public Safety. Mr. Holmes seconded motion and it carried Hartwell unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor ( absent).  Regular Council 4 -8 -08 8 RES. 08 -10: EVALUATION AND APPRAISAL REPORT Discussion of the 2008 Evaluation and Appraisal Report for the City of Fort Walton Beach Comprehensive Plan; states the intent of the City to amend the Comprehensive Plan based upon recommendations contained in the report; approving transmittal of the report to the Department of Community Affairs in accordance with Section 163. 3191, Florida Statutes; and setting an effective date. Samantha Abell, Senior Planner, reported Council will consider Res. 08 -10, adopting the 2008 Council meeting. She then went through 22nd Evaluation and Appraisal Report ( EAR) at the April the contents of the draft EAR. The Mayor opened the floor for public input. As there was none the public input was closed. CDBG UPDATE Status update of the Community Development Block Grant. Missy McKim, CDS Director, gave an update on the status of the Community Development Block Grant (CDBG). She pointed out the schedule for FY 08/ 09 shows the Citizens Advisory Committee St, CAC) meeting was held on March 31 the Public Hearing to present the Grant amount for next 9th, year and provide applications was held April the Public Service Applications are due May 7th, the Citizens Advisory Committee to review the applications and make recommendation to meetix and 15 , the CDBG Draft Annual Action Plan is to be complete 12th staff are scheduled for May and City Council consideration of the Annual Action Plan for FY 08/09 20th, and submitted by May on June 24th then submitted to HUD. She reported the amount of funding for 08/ 09 is $ 141, 267. She mentioned staff is working with Patti Sunnarborg on the Contract between Okaloosa Housing Partners ( OHP formerly Okaloosa Community Development Corporation) and the City for OHP to and future years, and the administer the CDBG funds for the City for the remainder of this year CAC is reviewing the revised Citizen Participation Plan prior to it being brought to Council. It was questioned whether an ordinance would need to be amended in order for the Citizens Advisory Committee to remain an advisory committee to staff and not be appointed by Council as suggested by Dr. Pullen at the CAC meeting. The CDS Director stated there would be no ordinance change needed and explained the Citizen Advisory Committee for the CDBG has always been just a citizen committee of representatives from the low income areas and that has advised staff on how to Public Service spend the grant funds for that year; they have reviewed the applications for the 15% portion of the grant, prioritized them and recommended funding levels, then that was carried forward in the Annual Action Plan presented by staff to City Council. She mentioned the comment that the CAC should be a formalized committee was taken to the committee but they felt they are more effective if they are able to communicate more freely amongst themselves, with staff, and the community and felt they are really just a liaison between the community and staff on CDBG, especially as it moves forward to Okaloosa Housing Partners administration. Dr. Pullen explained he recommended the committee not be named by Council because there are a lot of committees that cause a lot of work for staff and also because it will be administered by the Okaloosa Housing Partners which does not fall under the Sunshine Law and the committee would then work with Patti Sunnarborg. He felt there would still be citizen participation without adding to the workload of staff and without becoming a stumbling block between the grant and the Okaloosa Housing Partners. Regular Council 4 -8 -08 89 CDBG UPDATE cont. The CDS Director commented the Citizens Advisory Committee is not required by HUD and HUD has very specific requirements for advertising, which the City has met and the committee is over and above the requirement q of HUD so keepingg it informal is more in keeping it within the strict requirements of HUD; however, they will still be useful in advising staff. There was some question on whether or not the committee is exempt from the Sunshine Law because they are not a formalized committee. The City Attorney said whether or not they are subject to the Sunshine Law depends on their role. She said that committee is advisory to staff and because it has no recommendation authority would preclude it from being subject to the Open Meeting requirements of Chapter 286. She said it is not whether or not Council appoints them, it is what their job and role is that determines whether or not they are subject to the Sunshine Law. There was some question whether the committee advises Council with a recommendation on the Annual Action Plan. The CDS Director explained the recommendation in the Annual Action Plan is staff s recommendation and all but one year staff has been in total agreement with the CAC on how to allocate funding, and both were presented to Council. She has always taken their recommendation as just advising staff. The City Attorney stated if the committee is advisory and fact finding, they would not be subject to the Sunshine Law, but that can be researched within the context of the Agreement with OHP to make sure it is clear on what their requirements are and that they satisfy whatever needs there are at the City level. She said the key is whether or not they are advisory and have recommendation authority, but advisory to staff is different than advisory to Council. The CDS Director added her thought that the CAC would like to remain advisory to staff. Dr. Pullen added his thought that is how Patti Sunnarborg would like it to remain. Dr. Pullen explained his concern was there were no records and if someone had gone to the General Accounting Office they may have wanted the money back, so he was hoping to get it to meet all the Federal requirements. The CDS Director stated that HUD has very strict and specific requirements for advertising, and in the Annual Action Plan as well as in the Consolidated Annual Plan at the end of the year they have to provide copies of proof of advertising that was done. She said they