Fort Walton Beach Council minutes — 02-09-2010 regular — reading text

AMC MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 9, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 9, 2010, at 6:00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Absent: Virgil Miller 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/PLEDGE OF ALLEGIANCE Pastor Rob Bohnsack, First Presbyterian Church, gave the Invocation. Youth members of First Presbyterian Church led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation warning against the dangers of smokeless tobacco to the Students Working Against Tobacco Club of Fort Walton Beach High School. APPROVAL OF AGENDA Mr. Rynearson moved to approve the agenda as the business of the day. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). PRESENTATION Fort Walton Beach Fire Captain Gary Kruschke described his recent experience as the leader of the Florida One Disaster Medical Assistance Team ( FL -1 D.M.A.T.) deployed to Haiti to assist the earthquake victims and relayed his team of 31 individuals were able to screen, treat, and maintain 7, 500 people, 350 of them critical, during the fifteen days they were deployed. He thanked the City for being extremely supportive in allowing him to leave his job to go over to Haiti. CONSENT AGENDA Mr. Patterson moved to approve the following consent agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). APPROVAL OF MINUTES Approval of minutes of January 16, 2010, Council Retreat, Special Meeting on January 26, 2010, and Regular Meeting on January 26, 2010. 84 Regular Council 2 -9 -10 ANNUAL PESTICIDE BID Award Bid # 10- 004 Annual Pesticide Bid to the lowest, responsive, responsible bidders for the purchase of various pesticides, on an as needed basis not to exceed $ 147, 600, for use by the Recreation Cultural Services Department to include Golf Club Maintenance, Park Maintenance, Right -of W - ay Maintenance, and Cemetery divisions. ANNUAL INSECTICIDE BID Waive the bidding process and award the Annual Insecticide Bid to Bayer Environmental Science Company, sole source vendor, for the purchase of Chipco Choice ( patented product through 2010) at a cost of $325. 00 per acre not to exceed $ 50,700 for mole cricket control on 136 acres at the golf course and 20 acres of athletic fields. GRANT APPLICATION - LED STREET LIGHTS Authorize the City Manager to transmit a grant application to the Florida Energy and Climate Commission for consideration ( on the application request for $ 881, 100 in Energy Efficiency and Conservation Block Grant funds to retrofit street lights and gym lights with new LED lights and obtain the Florida Green Government designation; part of the sub grant program from the State of Florida to provide funding to local governments for implementing " green" local government activities to reduce energy use and fossil fuel emissions while fulfilling other goals of the American Recovery and Reinvestment Act of 2009). RESOLUTION 2010 -4 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA URGING FLORIDA' S CONGRESSIONAL DELEGATION TO APPROPRIATE FUNDING TO THE NATIONAL MARINE FISHERIES SERVICE ( NMFS) SO THAT A NEW, FULL -BLOWN STOCK ASSESSMENT CAN BE CONDUCTED FOR EACH GULF SPECIES THAT IS TO BE MANAGED. FURTHER THAT THE NEW, FULL -BLOWN STOCK ASSESSMENT BE CONDUCTED BY A CREDIBLE INDEPENDENT THIRD -PARTY SOURCE. FURTHER THAT THIS NEW FULL -BLOWN STOCK ASSESSMENT BE USED BY THE NMFS IN ORDER TO COMPLY WITH THE FEDERAL MANDATES OF THE MAGNUSON -STEVENS FISHERY MANAGEMENT ACT ( THE ACT); PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE RESOLUTION TO THE NORTHWEST FLORIDA LEAGUE OF CITIES AND FLORIDA' S CONGRESSIONAL DELEGATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor mentioned that the Okaloosa County League of Cities and the Northwest Florida League of Cities have both passed similar resolutions. He opened the floor for public input. Kabe Woods, 240 Brooks Street, spoke in support of the resolution and expressed there are fellow citizens whose livelihood are in jeopardy and the time has come for the National Marine Fisheries to undertake a new stock assessment of certain fish species in the Gulf. As no one else wished to speak, public input was closed. Mr. Holmes moved to approve Resolution 2010 -4. Mr. Nabors seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor ( Miller absent).  2 -9 -10 85 Regular Council PUBLIC HEARING: ORDINANCE 1819 - ABOLISH BEAUTIFICATION COMMITTEE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 03, BEAUTIFICATION COMMITTEE, TO ABOLISH COMMITTEE; AMENDING SECTION 2. 13, TREE BOARD, TO ABOLISH BOARD; AMENDING SECTION 2. 11, MUNICIPAL PLANNING BOARD, TO APPOINT DUTIES OF TREE BOARD TO MUNICIPAL PLANNING BOARD AND OTHERWISE AS NEEDED; RESOLVING CONFLICTING PROVISIONS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ordinance 1819 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). APPOINTMENT —HOUSING AUTHORITY BOARD Approval of the Mayor' s appointment of the tenant commissioner on the Fort Walton Beach Housing Authority. The City Clerk reported the tenant commissioner position has been vacant since 2005 and various attempts to recruit applicants have been unsuccessful until Cynthia Pride submitted an application. She said the appointment will be for a four -year term. The Mayor recommended Council approve his appointment of Cynthia Pride. Mr. Garvie pointed out the tenant commissioner position is hard to fill and gave Ms. Pride credit for stepping forward to serve. Mr. Garvie moved to approve the Mayor' s appointment of Cynthia Pride, 49 Buchanan Court, to serve as the tenant commissioner on the Fort Walton Beach Housing Authority for a four -year term from February 9, 2010 until February 9, 2014. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Miller absent). AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. - FINANCIAL ADVISOR Authority for City Manager to execute an Agreement with Public Financial Management, Inc. The Finance Director mentioned staff is currently researching the possibility of refunding current Bond' s and refinancing existing debt, and also refunding opportunities. She said an agreement with a Financial Advisory will allow staff to call them for consultation during the analysis and the cost will x depend on the project involved. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Garvie moved to authorize the City Manager to execute the proposed agreement with Public Financial Management, Inc. (PFM) for financial advisory services. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent).  Regular Council 2 -9 -10 86 AGREEMENT WITH NABORS, GIBLIN, & NICKERSON —BOND COUNSEL Authority for City Manager to execute an Agreement with Nabors, Giblin & Nickerson. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Garvie moved to authorize the City Manager to execute the proposed agreement with Nabors, Giblin & Nickerson for bond counsel services. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Miller absent). CODE ENFORCEMENT SETTLEMENT - 322 VISTA STREET Settlement of Code Enforcement Case – 322 Vista Street NW. Tim Bolduc, Development Services Manager, advised there has been a request to settle a code enforcement case against 322 Vista Street NW. He gave a quick overview of the code enforcement case on the property that was found in violation of multiple building and City code requirements on May 13, 1998 and was assessed administrative fee and fines until the property was found in compliance May 6, 1999, and remains in compliance. The Mayor opened the floor for public input. Sam Buscarello, brother of the deceased property owner Paul Buscarello, said his brother was handicapped and could not take care of the property as he should. He respectfully requested Council consider his request that the fines be lowed and the lien released. As no one else wished to speak public input was closed. Mr. Garvie moved to approve and accept payment of $1, 640 as full settlement of the liens which have an accrued total of $7,300 against the property at 322 Vista Street SW and authorize the Mayor to execute a Release of Lien upon receipt of the full payment of $ 1, 640. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). MAYOR/ COUNCIL COMMENTS Mr. Rynearson relayed he did not like to forgive fines but in this case he agreed, especially after reading Mr. Buscarello' s letter. Mr. Reeves agreed he did not like to forgive fines in any way but he has realized there are cases that are the exception. Mr. Garvie mentioned he continues to work on the recycling issue to see if the City can move forward to alter their recycling efforts. Mr. Patterson mentioned his trip to a National League of Cities seminar where it was discussed that Cities can expect 36 more months of problems; that Tallahassee and the federal government will cut back on grants and revenue sharing, and the Cities will have a hard time