Fort Walton Beach Council minutes — 12-14-2010 regular — reading text

Synopsis: Chamber of Commerce Council Representative /Alternate City Clerk) Mayor Anderson is incumbent - again Bobby Nabors is alternate RESULT: ADOPTED [ UNANIMOUS] MOVER: Mike Minich, Council Seat 4 SECONDER: Bobby Nabors, Council Seat 5 AYES: Holmes, gossom, Reeves, Minich, Nabors, Rigdon, Rynearson 2. Headstart Appointment Page 5 Printed 1211612010 City Council ofFort Walton Beach 290 December 14, 2010 Minutes Regular Meeting Synopsis: Headstart Board Council Representative /Alternate City Clerk) Dick Rynearson is primary Mayor Anderson is alternate RESULT: ADOPTED [ UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Mike Minich, Council Seat 4 AYES: Holmes, gossom, Reeves, Minich, Nabors, Rigdon, Rynearson 3. Appointment to Housing Authority Synopsis: Housing Authority Appointment City Clerk) ATTACHMENTS: Liriette Wagers Application -HA PDF) housing authority statute ( PDF) Nominated as presented RESULT: ADOPTED [ UNANIMOUS] MOVER: Mike Minich, Council Seat 4 SECONDER: Dennis Reeves, Council Seat 3 AYES: Holmes, gossom, Reeves, Minich, Nabors, Rigdon, Rynearson 4. Appointment Synopsis: Northwest Florida Fair Board Council Representative /Alternate City Clerk) Dennis Reeves volunteered to continue Mike Minich was nominated as alternate 6 -1 RESULT: ADOPTED [ 6 TO 11 MOVER: Dennis Reeves, Council Seat 3 SECONDER: Mike Holmes, Council Seat 1 AYES: Holmes, gossom, Reeves, Nabors, Rigdon, Rynearson NAYS: Mike Minich 14. ACTION --DIRECTION --DISCUSSION 1. Authorization to Participate in a Joint Lawsuit Against EPA Related to the Numeric Nutrient Criteria Rule Synopsis: Utilities in Northwest Florida are entering into an agreement for legal services to file a joint lawsuit in U. S. District Court in Pensacola against the EPA to challenge the NNC Rule. Page 6 Printed 1211612010 City Council ofFort Walton Beach  291 Minutes December 14, 2010 Regular Meeting City Engineer) ATTACHMENTS: Joint Agreement for Legal Representation - 12 -08 -10 ( PDF) NNC Cost Analysis ( PDF ) NNC Report ( PDF) See video for City Manager's explanation MM to table DR 7 -0 RESULT: WITHDRAWN 2. Code Enforcement Settlement Discussion for 651 Powell Drive Synopsis: The property owner's attorney requested to be placed on the City Council agenda to discuss the reduction of code enforcement fees and fines at 651 Powell Drive. City Engineer) ATTACHMENTS: 651 Powell Drive E -Mail ( PDF) cc. 100622. 651 Powell Drive Code Case Update ( PDF) 651 Powell Minutes( DOC) C. E. Mitigation Code ( DOC) Attorney provided additional information at the meeting. Attorney requested reduction from $ 83, 000 of fines Property valued at $ 64,000 per Property Appraiser Request reduction based on history Mr. Rynearson clarified map details Mr. Reeves clarified attorney retention details Ms gossom clarified Power of Attorney for Mrs. Brown Mayor Anderson verified amount of reduction request; Attorney would not provide an amount, suggested 2, 500 to cover administrative and attorney fees Ms gossom clarified code enforcement history; mitigation schedule history Attorney responded Mr. Minch clarified duties of code enforcement board action on this case Mr. Rigdon clarified legal implication of liens on properties Mr. Holmes clarified timetable of mitigation schedule implementation City Attorney responded Council has the prerogative to do as it sees as a collective body Mr. Rynearson commented on the concerns raised by neighbors of this property; mosquitoes; etc Attorney Hutcheson responded Mr. Holmes clarified property details of the adjoining property George Brown, son of Mrs. Brown, property owner, responded Motion to address: Mr Rynearson motion to accept recommendation Mr Holmes seconded Page 7 Printed 1211612010 City Council ofFort Walton Beach 292 Minutes December 14, 2010 Regular Meetinfz RESULT: ADOPTED [UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Mike Holmes, Council Seat 1 AYES: Holmes, gossom, Reeves, Minich, Nabors, Rigdon, Rynearson 3. Noise Control Ordinance Synopsis: Current noise control code is obsolete, subjective and virtually unenforceable. City Manager) 15. CITY MANAGER REPORTS 16. CITY ATTORNEY REPORTS 17. MAYOR/COUNCIL COMMENTS 18. ADJOURNMENT Mike Anderson, Mayor opted 0 Attest: Helen Spencer, City Clerk Page 8 Printed 1211612010 City Council ofFort Walton Beach  FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME - FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Holmes, Michael City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON r14 Edwards Lane NE WHICH I SERVE IS A UNIT OF: N CITY 13 COUNTY 13 OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: Fort Walton Beach Okaloosa DATE ON WHICH VOTE OCCURRED City of Fort Walton Beach MY POSITION IS: December 14, 2010 CK ELECTIVE O APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112. 3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112. 3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal ( other than a government agency) by whom he or she is retained ( including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163. 356 or 163. 357, F. S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a " relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form ( before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. ( Continued on other side) APPOINTED OFFICERS ( continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally