Fort Walton Beach Council minutes — 09-09-08 regular minutes — reading text

:~dopt Ord. 1775 on first reading. Dr. Pullen seconded motion and it carried unanimously \ vith Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING - () RD. REORGANIZATION OF CITY DEPARTMENTS 1776.. The Mayor read the ordinance by title. Regular Council 9- 9- 08 269 ORD. 1776 cont. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 2. 14. 02, DEPARTMENTS ESTABLISHED, OF THE CODE OF ORDINANCES TO REORGANIZE CITY DEPARTMENTS, REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resource Director, advised this ordinance amends Section 2. 14. 02 of the Code of Ordinances renaming the City' s departments, consistent with the reorganization discussed at the budget workshop, and commencing with the 2008/ 09 budget. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1776 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Council complimented the City Manager and the Department Directors for the excellent job on the reorganization. PUBLIC HEARING - ORD. 1778" RECONCILE CERTAIN PROVISIONS FOR BOA" CODE ENFORCEMENT" AND CRA The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO RECONCILE CERTAIN PROVISIONS REGARDING THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD, AND THE COMMUNITY REDEVELOPMENT AGENCY WITH PROVISIONS OF THE REVISED LAND DEVELOPMENT CODE REGARDING THE SAME BOARDS; ESTABLISHING CONFLICT RESOLUTION AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, advised this is to reconcile provisions regarding the Board of Adjustment, Code Enforcement Board, and the Community Redevelopment Agency with provisions of the revised Land Development Code regarding the same boards. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1778 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING - ORD. 1779" PROPERTY MAINTENANCE WITHIN THE REVISED LDC The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3. 10 OF THE CODE OF ORDINANCES TO RECONCILE CERTAIN PROVISIONS REGARDING BUILDING MAINTENANCE WITH PROVISIONS OF THE REVISED LAND DEVELOPMENT CODE REGARDING PROPERTY MAINTENANCE; ESTABLISHING CONFLICT RESOLUTION AND SETTING AN EFFECTIVE DATE.  Regular Council 9- 9- 08 270 ORD. 1779 cont. The CDS Director advised this is to reconcile provisions regarding building maintenance with provisions of the revised Land Development Code regarding property maintenance. The Mayor opened the public hearing. As no one wished to speak, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1779 on first reading. Mr. Reeves seconded motion and it carried unanimously ~,vith Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). FUTURE AGENDA ITEMS The next and possibly final workshop meeting of the Charter Review will occur on September 16. Mr. Hartwell withdrew his request for an update on traffic enforcement procedures as his concerns were answered by the Police Chief. GIFT OF FRIENDS OF THE LIBRARY AQUARIUl\'[- Consideration of acceptance of a gift from the Friends of the Fort Walton Beach Library of a 600 gallon saltwater aquarimTI and all appurtenances and sea life, fish, and vegetation from the Friends of the Library. If approved, authorize the City Manager to execute the agreement for the tank' s donation, installation and maintenance, as outlined in the backup report. Jeff Peters, Parks and Recreation Director, advised he is available to answer any questions and Charlene Greenwald, Pn~sident of the Friends of the Fort Walton Beach Library was also present. Charlene Greenwald, Jet Drive, went over the history of the Friends of the Library and the 6 ' li years of volunteer work that exceeded 18, 000 hours and raised more than $ 100, 000 in support of their mission to underwTite improvements and/ or enhancement projects for the library facility beyond the scope of operational expenses. She described Phase 1 of their project to fix up the lobby that transformed it into a small art gallery and explained they are ready to move forward with Phase 2 of their project to install a salt water aquarium in the lobby. She said it is a feature they felt will have universal appeal, supports the idea of the geographical location, and will provide an educational tool. She took a moment to thank everyone who supported their fund raising efforts. She said the aquarium is a plug in designed to be completely self-contained and introduced Eric Miller owner of Suncoast Aquarium who will install and service the aquarium should the project go forward. She asked if the City would accept the gift. Questions were asked on the number of members in the Friends of the Library; whether the Friends worked on any special projects/ programs for reading, audio materials, subscriptions, supplies purchased for the library, visiting performing artists or musical series; how much they take in a month; whether they pay rent; if most of the books they sell are donated to the library; whether any special projects or programs were suggested to the Friends by the library staff; whether any of the library staff were told they could not speak at the meetings; and what is the opinion of the librarian on the aquarium. Ms. Greenwald replied they have 21 members and they have been conserving their money, in keeping with their by- laws which speaks directly to budget items, operational costs that they do not fund; they are in the business to try to improve the facility; and they raise about 1, 000 a month; they do not pay rent; that about 95% of their books comes from the public; the library staff has approached them about special projects and they were turned down; they follow Roberts Rules where they can ask to be on the agenda; and the librarian would have to be asked her opinion about the aquarium. Regular Council 9- 9- 08 271 GIFT OF AQUARIUM cont. Mr. Peters was asked if he supported the aquarium or if he thought the money could be used for something else. Mr. Peters replied they do have a lot of programs they could use funding for and he has talked with Ms. Greenwald about concerns over the operational and on- going costs of the aquarium. He thought the library could use a lot of additional things as they have cut back library hours to save funds, cut library staff, and funds could be used in the library. It was asked if there was any official written relationship with the Friends of the Library. The City Manager stated the Friends have their Articles of Incorporation but there is no formal agreement with the Friends about occupying the space. It was questioned whether the City has turned down a recommendation or funding from any other Friends" groups. The City Manager stated the Friends of the Museum is different where they typically help with operating expenses for the museum as well as special projects, and they work hand in hand with staff on those issues. She said the Friends of the Library do not provide for any assistance with operational expenses which she believed includes books, subscriptions, etc. She said there has not been a gift of this magnitude from the Friends of the Museum and not one that had on- going operational costs. Ms. Greenwald was questioned if the Friends of the Library would handle on- going upkeep and maintenance of the aquarium. Ms. Greenwald said it is their intention to continue to have the store to fund maintenance. She mentioned after they put in the art gallery in the lobby they have maintained it. It was questioned if the fish in the aquarium would be the same that are in the local gulf. Eric Miller said it can be the same fish that are in the local gulf, but he would advise against that. It was asked who would be responsible for the maintenance if the Friends do not have enough money. Ms. Greenwald said they would have to make enough money to do it and their liability has been capped by Eric Miller at $ 750. 00. It was questioned who would pay for removal of the aquarium if the Friends cannot maintain it. Ms. Greenwald said it is a gift so if they are unable to maintain it they would contact the appropriate people to let them know they would not be able to do it and the City would have the option of selling it, moving it to another location, unplugging it and storing it. She said the City would be responsible for the cost of moving it. It was asked who would pay for any water damage if the glass were to break. Eric Miller stated it is made of acrylic so that instant shattering does not occur. The City Manager stated it is a gift to the City and once Council receives the gift then the City would be responsible for any damage as a result of a leak. The diameter of the tank was questioned and whether there would be room in the lobby. Eric Miller stated it is a cylinder 8' across and believed there would be enough room on each side. It wasquestioned whether the Friends of the Library was under the direction of the Library Director. The City Manager explained the Friends of the Library are completely independent, their by- laws dictate their purpose and intent.  Regular Council 9- 9- 08 272 GIFT OF AOUARIU~ I coot. It was questioned if the 21 members of the Friends of the Library were in agreement. Ms. Greenwald did not think there was anyone currently in membership that disagrees with the project. It was questioned how long the aquarium could operate without electricity. Eric Miller stated it is based on the amount of fish consuming the oxygen vs. the amount of water and wish a 600 gallon aquarium his best guess with it being fully stocked would be about two days. He said there are easy ways to add air to the operator. It was questioned if the: size of the tank would create a safety issue in the event of a fire in the library. The City Manager stated the lobby is big enough to allow for ingress and egress for safety matters and it would have to be placed in such a manner as to not block exists. The Fire Chief confirmed it would not be a safety issue for exists.