Fort Walton Beach Council minutes — 08-25-09 regular minutes — reading text

MINUTES OF THE REGULAR COUNCIL MEETING 271 OF THE CITY OF FORT WALTON BEACH, FLORIDA AUGUST 25, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, August 25, 2009, at 6: 00 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, Bobby Nabors, and Dick Rynearson Absent: Bill Patterson 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 AND PLEDGE Reverend Roger Peadro, First Christian Church, gave the Invocation and led in the Pledge of Allegiance. APPROVAL OF AGENDA The Mayor advised of two requests for withdrawal of agenda items. He reported that Joe Bogdahn of the Bogdahn Groups is detained at an airport and that Mr. Bogdahn requested the presentation of the General Employees' Pension Plan be withdrawn until the September 22 meeting, and that the Finance Director has agreed to this request. The Mayor further advised that Mr. Patterson, who is absent from tonight's meeting, requested his agenda item 9. 7 on panhandling be withdrawn and he will resubmit it for a future agenda. Mr. Nabors moved to remove Item 9. 4, Review of Complimentary Golf Rounds, Item 9.5, Discussion of Police and Firefighter Pension Plans, and Item 9.6, Discussion of Revenue Sources for FY 2010 budget, from the August 25, 2009 agenda. Mr. Rynearson seconded motion. Mr. Nabors stated his feeling that the items in question have been discussed thoroughly at past meetings and he sees no need to revisit them. Mr. Rynearson echoed Mr. Nabors' feeling, stating the door has been closed regarding complimentary golf rounds, that negotiations are needed in regards to police and firefighter pensions, and that the budget is public record for anyone to review. Mr. Miller stated that the City Council is the enforcer of the City Charter and that he was elected to enforce the Charter and to make wise decisions, and that he is not afraid to discuss what is brought before him. Mr. Miller stated he sees hesitation from Council to discuss things, of bringing things to fruition, and noted they have that chance this evening and that he may have a solution that will please everyone, but he is not being allowed to talk about it. Mr. Miller further stated that City residents should be concerned, as he feels the Council " squeezes stuff under the table." Mr. Miller noted he still has two chances in September to discuss the budget, that he never had the opportunity to discuss the sources of revenue in the Sunshine, that he only discussed it behind closed doors with the City Manager and Staff.  Regular Council Meeting 8/ 25/ 09 272 APPROVAL OF AGENDA (CONT) Mr. Miller mentioned the pension plan and the information that was discussed in two government publications, and that a good report came from the City Manager suggesting the issue be discussed with the City's pension attorney. Mr. Miller reiterated he will not sit back and let things pass by him as a responsible member of the Council, and will not be timid about confronting problems that come before the City of Fort Walton Beach. Mr. Garvie asked Mr. Miller if his intent was to remove 9. 5 and 9. 6 from the agenda but have 9. 4 remain, Mr. Miller responded that was his intent. The Mayor called for the vote on the motion to remove Item 9.4, Review of Complimentary Golf Rounds, Item 9. 5, Discussion of Police and Firefighter Pension Plans, and Item 9. 6, Discussion of Revenue Sources for FY 2010 budget, from the August 25, 2009 agenda, and it carried by a vote of 5 to 1 with Holmes, Reeves, Garvie, Nabors, and Rynearson in favor and Miller opposed ( Patterson absent). SPECIAL PRESENTATION —QUARTERLY PENSION PLAN REPORT This item was withdrawn at the request of Mr. Bogdahn until the September 22, 2009 Council meeting. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Nabors seconded motion. Mr. Miller requested Item 3. 3, Water Meter Replacement Program, and Item 3. 4, Resolution 2009 -20, Wastewater Treatment Interlocal Agreement Amendment, be moved to the regular agenda. There was some discussion as to whether or not a motion was needed to be made to remove Items 3. 3 and 3.4. As parliamentarian, the Mayor removed the items for discussion, and asked for a motion with the remaining items. Mr. Reeves moved to remove Items 3. 3 and 3. 4 to the regular agenda, and to approve the remaining items of the Consent Agenda. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor Patterson absent). APPROVAL OF MINUTES Approval of the minutes of the Special Meeting on August 3, 2009; the Special Meeting on August 11, 2009; and the Regular Meeting on August 11, 2009. BID 09 -120, GSP EQUIPMENT Authorization to award Bid 09 -120, for GPS Equipment, to Lengemann, Inc., of Altoona, Florida, in the not -to- exceed amount of $48, 071. 12. MEMORANDUM OF UNDERSTANDING -INTERNET CRIMES AGAIN CHILDREN TASK FORCE Approve the Memorandum of Understanding with the North Florida Internet Crimes Against Children Task Force and authorize the Police Chief to execute the agreement. Regular Council Meeting 8/ 25/ 09 273 RES. 2009 -32, ENHANCED DUI ENFORCEMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE UNITED STATES DEPARTMENT OF JUSTICE FOR ENHANCED DUI ENFORCEMENT II; AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AWARD; AUTHORIZING THE POLICE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. AGREEMENT FOR AUCTION SERVICES Authorize the City Manager to negotiate and execute an agreement with Clyde Jackson Auctions for auction services for a public auction to be held on September 12, 2009. BID 09 -121, WATER METER REPLACEMENT PROGRAM Authorization to award Bid 09 -121, for Water Meter Replacement Program, to Hersey Meters Company LLC, of Cleveland, North Carolina, in the not -to- exceed bid of $ 1, 491, 451. 00. Mr. Miller advised he had a phone call from Empire Pipe and Supply Company, one of the firms that issued a proposal, who had questions about warranty requirements. Mr. Miller requested Mr. Beedie explain why the selection made was sufficient as far as the warranty. Michael Beedie, City Engineer, advised that price was the first criteria, or 50 %, in the Invitation to Bid, and meeting specifications was 20 %, and the City's selection committee scored each criterion as they saw fit and Hersey Meters Company was the highest ranked bid. Mr. Beedie noted that some companies may have better warranties, but in this case the highest ranked bidder met the minimum requirements. The Mayor asked for public input. Robert Peterson, Empire Pipe and Supply Company, advised he sent an e- mail to each councilmember describing the warranties requested, and explained the specifications asked for a combined 20 -year accuracy warranty and that the meters the City now has are 14 years old. The City Manager interjected, advising the issue is not to debate the merits of one over the other; rather, it is to decide whether or not to award a bid. The City Manager continued that what Mr. Peterson is talking about is recommending additional specifications to replace those listed in the bid, and if Mr. Peterson has a problem with the bid he has the right to protest it through the administrative process. Mr. Peterson discussed the long -term implications of accepting a warranty that doesn't have a full 20 year warranty, and the ranking of the selection committee. The Mayor stated those are issues that are part of his opportunity to protest the results if he feels the criteria were not fair. Mr. Garvie questioned why a bid was prepared for 20 years. Mr. Peterson responded the bid asked for five years with an additional 15 years, and that the manufacturer provides a 20 -year period. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to award Bid 09 -121, for Water Meter Replacement Program, to Hersey Meters Company LLC, of Cleveland, North Carolina, in the not -to-exceed bid of 1, 491, 451. 00. Mr. Miller seconded motion.  Regular Council Meeting 8/ 25/ 09 274 BID 09 -121 ( CONT) Mr. Garvie stated that based on the criteria sent out by the City, the correct company received the bid. Mr. Miller stated he moved this item to the regular agenda due to the large cost of the bid, and that he is satisfied with the criteria and how it was carried out, and that after he received a call from Mr. Peterson he reviewed it again and is satisfied that all the criteria was carried out. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor (Patterson absent). RES. 2009 -20 ( AMENDED), WASTEWATER TREATMENT INTERLOCAL AGREEMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING THE WASTEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised that there were some minimal changes made to the agreement, and that a provision was added, mutually between the City and County, related to mitigation procedures in the event conditions change in the economy, or if there are further regulations passed on by EPA or the State Department of Environmental Protection that might adversely effect the cost of treatment. Mr. Hofstad stated that there were no other changes. Mr. Miller expressed concern regarding an article that stated the effective date and term of the agreement is 20 years, but that Mr. Hofstad assured him the term is 30 years. The City Manager noted that information is in Section 3 of the Agreement. Mr. Miller also discussed whether notice would be provided to the City if, in the future, an invoice remains unpaid, and Mr. Hofstad advised County representatives were present but if that did occur, he was positive the City would receive notice. The Mayor asked for public input. There was none. Mr. Garvie moved to adopt Res. 2009 -20 as amended. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor (Patterson absent). The City Attorney addressed Roberts Rules of Order