Fort Walton Beach Council minutes — 06-22-2010 regular — reading text

utility charges. The City Attorney informed the legal issues can be resolved by the City filing a complaint for declaratory relief with the Circuit Court of Okaloosa County, with the City and School Board presenting the facts and their arguments, and the judge making a ruling regarding the rights of both parties. 192 Regular Council 6 -22 -2010 CITY ATTORNEY REPORTS ( CONT) The recommendations of the City Attorney are 1) that the City Council authorizes the City Manager and City Attorney to negotiate with the School District regarding alternatives to charging the stormwater utility user fee, and 2) if negotiations fail after or are unproductive as of December 30, 2010, then the City Attorney is authorized to file an action for declaratory relief to resolve the matter. The Mayor asked for public input. Jeff McInnis, Attorney for the School District, stated it is the opinion of the School District that they are exempt from the fees and there is case law that supports this opinion. Mr. McInnis asked Council to consider that they are fully empowered to make this decision without the necessity of litigation, and he feels it would be a sad day when the City is suing the School District and using taxpayers' money to settle the issue. Mr. McInnis advised the School District is not a developer; rather, it is a constitutional agency exercising a constitutional obligation to build and operate public school facilities within the City fulfilling a constitutional role to educate children, and that public schools are questionably public infrastructure and should not be looked on as developments or businesses. Mr. McInnis continued that there are laws in the comprehensive plan and that public school elements were adopted, and that public schools are like looking at public concurrency because they are used by the public, and it seems inconsistent to tax public infrastructure. Chris Gibson, 249 Brooks Street SE, stated every citizen in the City has to pay taxes, and the citizens have to pay fire and other services for the School District, and that the citizens pay for the schools whether or not they have children attending the schools; therefore, the School District should pay their fair share. As there was no one else who wished to speak, public input was closed. Mr. Minich moved to authorize the City Manager and City Attorney to negotiate with the School District regarding alternatives to charging the stormwater utility user fee. Mr. Rynearson seconded motion. Council stressed the need for a resolution to the issue and that the School District consider their actions regarding the utility user fee. The Mayor called for the vote on the motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, and Rynearson in favor (Seat 6 Vacant). MAYOR/COUNCIL COMMENTS Ms. gossom thanked the City Staff and City Manager for the assistance and guidance they have provided her during her first month on Council. Ms. gossom also discussed an article she gave to the City Manager's Office from the Georgia Municipality Association that discussed e- government and ways to reduce costs and save money. Mr. Reeves appreciated the presentation on legal fees and services given by the City Attorney, and he encouraged his fellow Council members to bring forward any issues they would like to discuss and he appreciates any input they might have. Mr. Minich announced the free Concert on the Beach on June 27 sponsored by the Convention Center and Business Bureau and the County Commissioners, and stressed no coolers will be permitted on the beach. Regular Council 6 -22 -2010 MAYOR/ COUNCIL COMMENTS ( CONT) Mr. Nabors stated he traveled to Washington, DC, unofficially, and presented the City's resolution on offshore drilling to elected officials. Mr. Rynearson mentioned the Kids Day and that it was a tremendous success and thanked the Parks and Recreation Staff for putting it on. The Mayor congratulated members of the Heritage Museum in Valparaiso for bringing the Vietnam Veterans Wall to the fairgrounds; mentioned Kids Day; received a note from the Governor Stone thanking the City for allowing the vessel to dock in the City; talked with a student from Fort Walton Beach High School who will be traveling to Australia as an exchange student; received a letter from Ted Corcoran of the Chamber discussing the visioning and branding process for the City; and advised he sat in on the County EOC where concern about funding from BP due to the oil spill was discussed. ADJOURNMENT There being no further business, the meeting adjourned at 8: 02 pm. APPROVED: IL',22 AlE T: r CITY CLERK Ive Date Completed: 6/ 24/ 10