Fort Walton Beach Council agenda — 09-25-2007 regular agenda — reading text

Sports Editor National Honor Society  Math Honors Varsity Soccer Team Saint Mary' s Youth Group Sam has over 350 hours of community service volunteering at: Angle Tree Projects The American Legion The NAACP Sons of Italy Upon graduating form Choctaw, Sam plans on attending the Citadel where he will pursue a career as an Army Officer.  CITY COUNCIL MEETING September 25, 2007 Approval of Agenda No Backup) Council Action 1 st 2nd Vote: 1 Agenda Item Number:  CITY COUNCIL MEETING September 25, 2007 Consent Agenda Approval of Minutes: Executive Session, September 5, 2007 Special Council, September 5, 2007 Executive Session, September 11, 2007 Council Workshop, September 11, 2007 Regular Council, September 11, 2007 City Clerk) Council Action 1st 2nd Vote: 2 Agenda Item Number:  119 MINUTES OF THE CITY COUNCIL EXECUTIVE SESSION OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 5, 2007 INTRODUCTION An Executive Session of the City Council of Fort Walton Beach, Florida, was held on Wednesday, September 5, 2007 at 4:45 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; Toni Craig, City Attorney; and Special Counsel Suzanne Brownless. CALL TO ORDER t.' The Mayor called the meeting to order. Pursuant to Section 286. 011 (8) Florida Statutes, and other considerations, the City Attorney requested that Council adjourn to an Attorney- Client Executive Session so that she may receive the City Council' s advice concerning the following litigation: Q' Daniels v.City of Fort Walton Beach,Department of Environmental Protection, Division of Administrative Hearings Case No. 07- 0954. The transcript of the Executive Session will be made a part of the public record upon the conclusion of the above referenced litigation. EXECUTIVE SESSION The public meeting was recessed to convene the Attorney- Client Executive Session of the Fort Walton Beach City Council, as noticed in the Northwest Florida Daily News on September 3, 20.07, regarding the following: Q' Daniels v. City of Fort Walton Beach, Department of Environmental Protection, Division of Administrative Hearings Case No. 07- 0954. RECONVENED The Executive Session was concluded and the public meeting reconvened at 5: 19 p. m. 0 . Mr. Minich moved to approve Option 1. Mr. Reeves seconded motion. Mr. Garvie moved to amend the motion to approve Option 1 with the fallback of J. Option 2. Dr. Pullen seconded motion and it carried unanimously with Holmes~ Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor called for the vote on the motion, as amended, and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. e-;Z  Executive Session 9- 5- 07 120 ADJOURNMENT Being no further business, the meeting adjourned at 5: 20 p. m. APPROVED: o MAYOR: ATTEST: CITY CLERK ddm  12:1 MINUTES OF THE SPECIAL COUNCil MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 5, 2007 INTRODUCTION A special meeting 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 l Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. and Mike Minich. Wayne Pullen, Jim Hartwell, 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 FORTWALTON 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 J 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 to reconvene Council timely to have an just 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. 122 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 0 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