Fort Walton Beach Council minutes — 06-23-09 regular minutes — reading text

225 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 23, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 23, 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, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Absent: Dennis Reeves 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 AND PLEDGE Pastor Charles Sansom, Sr., Family of Faith, gave the Invocation and led in the Pledge of Allegiance. APPROVAL OF AGENDA The Mayor advised Agenda Item 5.3 was withdrawn at the request of the applicant, Items 5.4 and 7. 1 dealing with the Wastewater Treatment Plant has been continued to the special meeting of June 30, 2009, and Item 9. 2. 1 has been added. Mr. Garvie moved to approve the Agenda as revised with Item 5.3 pulled and Items 5.4 and 7. 1 continued to the Special Council Meeting of June 30, 2009, and the addition of Item 9. 2. 1. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). SPECIAL PRESENTATION —CHAMBER OF COMMERCE Chamber representatives explained some of the projects the Chamber of Commerce is involved in that benefit the citizens. Alan Gieseman, 2009 Chairman of the Board, gave an overview of the Chamber. Representatives included Chad Hamilton who discussed local issues; Tammy McDaniel who discussed greening initiatives; Lisa Jo Spencer who discussed the homeless issue; Maggie Halsey who discussed downtown initiatives; and Kathy Houchins who discussed festivals and the military. SPECIAL PRESENTATION —DOWNTOWN MERCHANTS ASSOCIATION Representatives from the Downtown Merchants Association addressed the homeless issue and aggressive panhandling. Piper Gaffrey, owner of Fountain Square, relayed several instances where homeless individuals were on her property and would not leave when asked and that they bother and frighten her customers and are detrimental to her business. Ms. Gaffrey also relayed an instance where a homeless person accosted her 18 -year daughter as she entered the Publix supermarket. 226 Regular Council Meeting 6/ 23/ 09 MERCHANTS ASSOCIATION ( CONT) Mr. Nabors, member of the Downtown Merchant's Association, discussed the seriousness of the situation for the merchants and questioned what can be done to enforce the City's current ordinances on the issue. The City Attorney advised that State Statutes regarding the 500 foot distance and loitering around schools have been found unconstitutional and are therefore difficult to enforce. She also advised another provision of State Statutes requires officials of schools to initiate the call regarding questionable individuals located on school property, and commented the law regarding panhandling and homeless is constantly changing, and the City's ordinance is one that is as enforceable as it can get. Taxi Tom, representing the homeless population, apologized to Ms. Gaffrey for her unpleasant experiences, and explained that street people are often misunderstood and that he does not ask for money, but he admitted that there are some homeless individuals he does not associate with. Valerie Wenzel, representing the downtown tenants, discussed her personal experiences with the vagrants downtown and that it will take some creativity and commitment to figure out ways to put a stop to the issue. Mr. Nabors questioned if there was a way to define punishment with the ordinance on the books Ted Litschauer, Police Chief, advised that law enforcement cannot define punishment, that is the purview of the court. He also advised that many that are arrested by the police may not actually see court, and of those that do very few are convicted because they are not tried. Mr. Nabors questioned if contacting the State Attorney's office would be beneficial. Chief Litschauer went on record as stating it is unlawful for him to give legal advice; however, he would not discourage someone from contacting the State Attorney's office but they would address cases already cited and would not address anything yet to happen. Chief Litschauer commented that law enforcement cannot cure social ills and understands the frustrations, but according to State Statutes, standing on a street corner is not considered loitering and laws can only be enacted to actions of individuals, and not to individuals themselves. Mr. Nabors stated the discussion has been informative and he hopes it gave the merchants some direction to take regarding aggressive panhandling, and he is not sure there is a solution but perhaps contacting the State Attorney's office and ask what it would take for them to take violators of the ordinances more seriously might help. The City Attorney gave a quick opinion that the State Attorney's office has territorial discretion, and that they will listen but that is as far as they will go on the matter. The City Manager commented this is a global issue and a difficult one to find an answer for. The Mayor encouraged citizens to call police as soon as incidents occur so they can respond to them and that police presence can make a difference. Piper Gaffrie stated she was disappointed at what she learned this evening but understands the dilemma and hopes that increased enforcement will help. She advised she would contact the State Attorney's office.  227 Regular Council Meeting 6/ 23/ 09 CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). APPROVAL OF MINUTES Approval of the minutes of the Executive Session of June 2, 2009; the Special Council Meeting of June 2, 2009; and the Regular Council Meeting of June 9, 2009. RES. 2009 -21 — FLOC CITIZENSHIP INITIATIVE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; RECOGNIZING THE BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. RES. 2009 -09— BUDGET AMENDMENT FOR INSURANCE PROCEEDS A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS FOR INSURANCE PROCEEDS RECEIVED FOR DAMAGE TO CITY PROPERTY; AND PROVIDING AN EFFECTIVE DATE. SATISFACTION OF LIEN AT 214 -218 AND 220 STOKES AVENUE Satisfaction of Lien at 214 -218 and 220 Stokes Avenue. SATISFACTION OF LIEN_AT 201, 203, 218, AND 220 GIRARD AVENUE Satisfaction of Lien at 201, 203, 218 and 220 Girard Avenue. FDOT HIGHWAY LIGHTING, MAINTENANCE AND COMPENSATION AGREEMENT Approval and acceptance of Florida Department of Transportation Resolution for City to be reimbursed for maintaining lighting on FDOT highways. APPROVAL OF WORLD CHANGERS PROGRAM Approve the FY 08 -09 World Changers Program as part of the Community Development Block Grant Annual Action Plan, not to exceed $ 50,000.00. RES. 2009 -22, REDUCTION OF YOUTH COMMITTEE MEMBERSHIP A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING RESOLUTION 2007 -11 TO REDUCE THE NUMBER OF YOUTH COMMITTEE MEMBERS FROM 11 TO SEVEN, AND CANCEL THE REGULAR AUGUST MEETING; AND SETTING AN EFFECTIVE DATE. Cam Johnson, Public Information Officer, advised that the Fort Walton Beach Youth Committee was established by Council in 2007 and was designed to provide Council with input on issues important to the area' s youth. The Committee consists of high school students in grades 10 through 12 who are residents of the City and /or students of Fort Walton Beach or Choctawhatchee High Schools. Mr. Johnson explained that the Committee has experienced difficulty seating a quorum in recent months and has therefore been unable to conduct business. 228 Regular Council Meeting 6/ 23/ 09 RES. 2009 -22 ( CONT) Mr. Johnson further advised that the 2009 -10 school calendar has been modified with a new start date after the regularly scheduled August meeting. Therefore it is requested that the Council approve the resolution to downsize the number of Youth Committee members from 11 to 7, and cancel the August meetings. Discussion included whether anything productive has come from the Youth Committee. Mr. Johnson stated that ideas have been discussed but they fall through the cracks because meetings cannot be held to further any discussion. Mr. Johnson further stated that he works with the high schools in seeking students would are considered good candidates for the committee, and that the idea of working in conjunction with the schools in offering some sort of credits has been considered but would be difficult to accomplish. Also discussed was that being a member of the committee is a positive factor on a student's college resume but that the student must be active to deem a letter of recommendation, and that the Destin youth program does a lot of projects with beach cleanups, etc., and this is not conducive to the role of the City's Youth Committee. The Mayor asked for public input. There was none. Mr. Garvie moved to adopt Res. 2009 -22. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor Reeves absent). Council requested a report on the Youth Committee's progress after the first of the year to determine whether it is feasible to continue it. RES. 2009-24, BUSINESS RETENTION AD HOC PANEL A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ESTABLISHING AN AD HOC BUSINESS RETENTION PANEL; ESTABLISHING THE DUTIES OF THE BUSINESS RETENTION PANEL; SETTING A TERMINATION DATE AND AN EFFECTIVE DATE. The City Manager discussed the global downturn in the economy and that within the City there is an abundance of vacant commercial and industrial property on the market for both rent and sale, and approved site plans had to be extended for three additional years because there is no investment capital available. In an effort to gain new insight, ideas, and /or measures that could be undertaken to retain existing, or entice new businesses within the City, the City Manager proposed the creation of a Business Retention Ad Hoc Panel consisting of six core local business persons to