Fort Walton Beach Council minutes — 09-05-07 special minutes — reading text

121 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 5, 2007 INTRODUCTION A specialmeeting of the City Council of Fort Walton Beach, Florida, was held on Wednesday, September 5, 2007 at 5: 30 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, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Also Present: Joyce Shanahan, City Manager; Lisa Absher, Finance Director; Helen Spencer, City Clerk; Toni Craig, City Attorney; and Department Directors. 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, and then state his or her name and address for the record. PLEDGE The Mayor led in the Pledge of Allegiance. PUBLIC HEARING AGENDA Consideration of changes to the Comprehensive Fee Schedule: RES. 07- 15- COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY MANAGER, COMMUNITY DEVELOPMENT SERVICES, FIRE, PARKS & RECREATION, POLICE, PUBLIC WORKS, AND UTILITIES DEPARTMENT SECTIONS OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORTWAL TON BEACH, AND PROVIDING AN EFFECTIVE DATE. The City Manager recalled most of the fees were discussed during the budget process when it was explained that staff would adjust the Community Development Services, Fire Department, and Parks & Recreation fees by a cost of living increase and a few new fees for services. Discussion was held on the note under the Parks & Recreation fees that the City Manager may reduce or waive the rate, upon request, based on the needs of the City, the nature of the event, and the impact of the event on the grounds. It was questioned why Council was approving the fees if the City Manager could at her discretion make changes she sees necessary. The City Manager explained the language has been in the fee schedule for some time and the only time the fees are typically waived at the auditorium for non- profits, such as the League of Women Voters Forum for candidates for the City Council election, the NAACP, and on rare occasions fees have been waived for the Landing. It was questioned if the wording is needed in the fee schedule. The City Manager commented sometimes the events are time sensitive and it is not timely to reconvene Council just to have an administrative waiver of a fee so it provides some flexibility. It was questioned whether fees for all non- profit should be waived. The City Manager suggested that not be done as some non- profit events are not necessarily non-profit. She acknowledged the policy has been effect as long as there has been a fee schedule and she is not aware of any problems. 1 22 Special Council 9- 5- 07 RES. 07- 15 cont. It was mentioned that the City Attorney has recently given an opinion that no one can forgive a fee, not even Council, once a fee is established. The City Attorney commented that opinion is different than what is being talked about in the fee schedule. She said once a fee is established it should be charged unless there is some sort of reduction, or waiver, or refund policy that has been established in the fee. She said as to the recreational fees, if this is an on- going policy she suggested it be put into a resolution and taken out of the fee schedule. She mentioned she has noticed that many of the policy issues that are administrative have been drawn into and incorporated into things like the fee schedule and perhaps some of the budget procedures. She said they can work through that and the City Manager has the right to set out those administrative policies and Council would determine whether the City Manager has the right to waive the fee. Clarification was requested whether it should be taken out of the fee schedule and return with a resolution giving the City Manager the right to waive the fee. The City Attorney said that could be done and mentioned another part of the opinion referred to was ensuring that there is not arbitrary and capricious application of that waiver, whether or not there is going to be one certain group or another. She said there is not indication that has been happening but that could be perceived depending on how it all progressed. It was expressed that the City Manager can identify certain areas of the fee schedule that can be waived and that it should be identified better so that it does not include all the fees. The City Manager pointed out the footnote is under the section for the Parks & Recreation fee schedule and that is only where it applies. The Mayor opened the floor for public input. As there was none, the public input was closed. Mr. Minich moved to approve Res. 07- 15 as presented. Mr. Holmes seconded motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. RES. 07- 19 - AMENDING GOLF CLUB FEE STRUCTURE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FEE STRUCTURE FOR THE GOLF CLUB, AND PROVIDING AN EFFECTIVE DATE. The City Manager mentioned the fees represent those fees brought forward during the budget process and, in addition, the fee schedule also includes the future year rates initially established in April 2006; as part of the get-well plan for the golf course there was a multi- year rate schedule to get them where they need to be. She commented during discussion there was no direction to amend the 2008, 2009, or 201 0 fee schedule so they were left as originally considered in March and because they are part of the fee schedule they are part of the resolution. The reduction in County resident fees to be the same as a City resident was questioned. The City Manager mentioned that was one of the recommendations brought forward by the golf club administrator during the budget process. She reviewed the different rate for dependents under the 12 month membership rate and the six month membership rate and the condo bulk purchases. She acknowledged that the golf club administrator brought forward the changes to the fees. The Mayor opened the floor for public input. As there was none, the public input was closed. Mr. Minich moved to approve Res. 07- 19 as presented. Mr. Garvie seconded motion.  9- 5- 07 Special Council 123 RES. 07- 19 cont. Discussion included an objection expressed on reducing the County resident's fee to make their rate the same as the City resident's. Comments included that it is not fair to the City resident's who pay the taxes to give the same benefit to those in the County who do not pay taxes for the City' s operations; that there should be some difference between being a County resident and a City resident; and that the golfcourse is an enterprise fund and was told to make money and they should be allowed to make money the way they think they can. The Mayor called for the vote on the motion to approve Res. 07- 19 as present and it carried by a vote of 5 to 2 with Holmes, Miller, Reeves, Garvie, and Minich in favor and Pullen and Hartwell opposed. RES. 07- 20 - PROPOSED MILLAGE RATE The Mayor read the resolution by title. A RESOLUTION SETTING THE PROPOSED MILLAGE RATE FOR THE CITY OF FORT WALTON BEACH, FLORIDA, FOR FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor stated the proposed Millage Rate for FY 2007- 2008 is 4. 1986 mills, which is 5. 0% below the rollback rate of 4.4196 mills. The rollback rate is the millage rate that will provide the same Ad Valorem tax revenue as was levied during the prior year. The 5. 0% decrease is the percentage decrease in property taxes. The Mayor stated the reason for setting the millage rate at 4. 1986 mills is to provide sufficient revenues to balance the proposed General Fund budget. The Mayor opened the public hearing and asked for comments on the proposed millage rate. Kabe Woods, 240 Brooks Street, speaking as President of the Okaloosa Citizens Alliance, Inc. presented their point of view, shared their thoughts on areas in the budget that can be improved and suggested that No and Stop be added to the vocabulary; to reduce overall spending, reduce ad valorem tax collections and approve a millage rate of 4. 19; that by policy the City government will be a high performance organization with fewer and better compensated employees; that all resource allocation decisions be made using public safety, essential service, and quality of life as priorities; to look for an find areas for consolidation of services between the County and Cities, find areas where service can be improved and cost lowered; to find services that can be outsourced to private enterprise; to re- examine every capital project against the stated priorities, look for possible elimination, changes in approach, and timing of projects; to look at moving from a defined benefitto a defined contribution retirement plan; and to use qualified citizens or citizen organizations to help reduce the need for studies. As there was no one further who wished to speak the public hearing was closed. Mr. Garvie moved to approve Res. 07- 20 to set the proposed millage rate for the City of Fort Walton Beach at 4. 1986 for the Fiscal Year beginning October 1, 2007 and ending September 30, 2008. Mr. Reeves seconded motion. During discussion comments included the millage rate could go lower; that further reductions were not discussed; money is spent and appropriate taxes are not collected; that even with the 4. 1986 millage rate funds would still need to be taken from the reserve fund to balance the budget; and that the budget can be amended at any time during the year. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. 124 Special Council 9- 5- 07 ORD. 1740 - BUDGET FOR FY 07/08 The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH MAKING APPROPRIATIONS FOR CERTAIN EXPENDITURES, EXPENSES, CAPITAL IMPROVEMENTS AND CERTAIN INDEBTEDNESS OF THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008, AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1740 on first reading with a change to item 4, line 40 of the first sentence to state " Finance Director and the City Manager". Mr. Miller seconded motion. Discussion included comments on the need for checks and balances in the City and both Charter Officers should approve any transfers; the belief it is in the Charter to have the Finance Director in the process; and the need for two people involved in the transfer of funds.