Fort Walton Beach Council minutes — 06-09-09 regular minutes — reading text

215 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 9, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 9, 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, Bill Bobby Nabors, Patterson, and Dick Rynearson. 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 Pastor Jonathan Sansom, Gulf Coast City Church, gave the invocation. PLEDGE The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA The Mayor noted that item 8.3 on the Harbour Place Fee Waiver has been withdrawn at the 23rd request of the developer and that it be delayed until the June meeting and item 8.4 on the Wastewater Treatment Plant Interlocal Agreement has been withdrawn until the June 23rd meeting. Mr. Reeves moved to approve the agenda as the business of the day with items 8.3 and 8. 4 withdrawn until the June 23, 2009 meeting. Mr. Patterson seconded motion and it carriedunanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. BOARD /COMMITTEE REPORTS Waterfront Committee presentation. Captain John Johnston, Waterfront Committee Chairman, reported on several objectives identified in the waterfronts vision plan that were completed this past year which included the installation of stormwater pollutant separators, the " Drains to Bay" stencils, the " Don' t Dump Drains to Bay" stencils, the planting of native vegetation at the Sound Park and the oyster reef adjacent to the passive fishing pier, and improvements at Liza Jackson Park. He reported the Committee has had many discussions on the desire to develop a transient marine facility with floating docks at the Landing. He described the concept to remove the existing wooden docks and construct a small floating dock that will accommodate up to eight boats. He mentioned the wooden docks could be recycled to build a kids fishing pier. He reported the committee requests Council approval to seek and apply for grant funding to conduct a feasibility study for a transient marine facility with floating docks at the Fort Walton Landing. The City Manager will place discussion of grant opportunities on a future agenda  Regular Council 6 -9 -09 216 CONSENT AGENDA Mr. Reeves moved to approve the following consent agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. MINUTES Approval of the minutes of the Special Council Meeting of May 19, 2009; the Special Council Meeting of May 26, 2009; and the Regular Council Meeting of May 26, 2009. FIRE SUPPRESSION DISPATCH SERVICES AGREEMENT Approval for the Mayor to sign Fire Suppression Dispatch Services Agreement. GENERAL PUBLIC Comments from the general public on items not on the agenda. Leonard Gadzinski, 807 Coldwater Creek, Niceville, and fire inspector with the city, presented his background and experience as a firefighter, discussed the elimination of his position, and that neither the Fire Chief nor Fire Union were given an opportunity to discuss the proposed elimination. Shayne Stewart, Destin resident, President of the Florida Professional Firefighters Association and firefighter, discussed the importance of the fire inspector position and spoke in defense of Mr. Gadzinski and his performance in that position. Shannon Stone, 9415 East River Drive, Navarre, former Union President and City firefighter, noted the improved relationship between the City and the Union the past several years, and asked City Council reconsider their decision regarding the elimination of this position that is so important to the citizens of the city. Larry Di' Amco, President of the Fire Union, discussed the memorandum of understanding between the Fire Union and the City. 3rd Mark Baugh, 2 Street, Shalimar, and former part-time Inspector with the City, stated there may have been miscommunication regarding the position and questioned how management came to the decision to eliminate the Fire Inspector position. ORD. 1801: DEPARTMENTAL REORGANIZATION The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 2. 14. 02, DEPARTMENTS ESTABLISHED, OF THE CODE OF ORDINANCES TO REORGANIZE CITY DEPARTMENTS; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1801 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Regular Council 6 -9 -09 217 APPOINTMENT —MUNICIPAL PLANNING BOARD Appointment to the Municipal Planning Board for a four -year term until June 9, 2013. Mr. Reeves nominated Charles Scott The Mayor called for the vote on the nomination to re- appoint Charles Scott, 205 Beachview Drive, to serve on the Municipal Planning Board for a four -year term from June 9, 2009 until June 9, 2013 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. EMERGENCY MEDICAL SERVICES GRANT Accept receipt of Florida Department of Health 2009 Award of Emergency Medical Services Matching Grant in the amount of $7, 039.99, requiring a City match of $ 2, 346. 66. Mike Dutton, Fire Chief, briefly explained the grant will allow the City to purchase training equipment to train in -house and save the City money. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Reeves moved to accept receipt of the Florida Department of Health 2009 Award of Emergency Medical Services Matching Grant in the amount of $7,039.99, requiring a City match of $ 2,346.66. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RES. 2009 -19: AMEND GENERAL FUND FOR RECEIPT OF GRANT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF HEALTH FOR AN EMERGENCY MEDICAL SERVICES MATCHING GRANT; AUTHORIZING THE FIRE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. Mr. Reeves moved to adopt Resolution 2009 -19. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. PENSION COUNSEL RECOMMENDATION ON POTENTIAL LEGAL ACTION Discussion to engage an attorney to conduct an analysis of potential damages incurred by the City as a result of the actions of Merrill Lynch. The City Manager reported that Jim Linn, the City's Pension Counsel, requests Council consider retaining the law firm of Beggs & Lane to conduct an analysis to determine whether any of the pension plans suffered as a result of Merrill Lynch' s action. He noted the analysis will be done at no cost to the City. The City Attorney explained if it is determined that legal action is necessary that attorneys Beggs & Lane would tell the City how any action would proceed, and the City is not bound to use the attorney services of Beggs & Lane; the City would always have a choice of which attorney they would use. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Miller moved to engage the law firm of Beggs & Lane to conduct an analysis of potential damages incurred by the City as a result of Merrill Lynch' s action, with the understanding that the analysis will be provided at no cost or obligation to the City. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor.  Regular Council 6 -9 -09 218 HARBOUR PLACE FEE WAIVER This item was withdrawn from the agenda at the request of the Developer that it be delayed until the June 23, 2009 Council meeting. WASTEWATER TREATMENT PLANT INTERLOCAL AGREEMENT Consideration of approval of the Wastewater Treatment Plant Interlocal Agreement. This item was withdrawn from the agenda until the June 23, 2009 Council meeting. RES. 2009 -20— WASTEWATER 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. This item was withdrawn from the agenda until the June 23, 2009 Council meeting. MASTER LOAN LEASE AGREEMENT WITH AGRICREDIT Consideration of approval of Master Loan Lease Agreement with Agricredit. The Finance Director advised that approval of the Master Loan Lease Agreement negotiated with Agricredit will provide funding for the City Council approved golf cart provider, Club Car. There was some question on the dollar amount and the Exhibits which were not attached to the Agreement. It was agreed to recess in order to make copies of the Exhibits to the Agreement for Council review. RECESS The meeting recessed at 6: 57 p. m. RECONVENE The meeting reconvened at 7: 04 p. m. Mr. Reeves moved to approve the Master Loan Lease Agreement with Agricredit in the amount of $402, 906.00. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. SISTER CITY PROCLAMATION The Mayor reported the Sister City Proclamation and a letter to Mayor Thornesjo will be given to Erik Stenberg who will present the documents to Mayor Thornesjo when he travels to Sweden 151H on June CITY MANAGER REPORTS The City Manager noted the report from the EDC states that the City is providing property to lessees who have not demonstrated that they provide a municipal service at well below any reasonable market rate. The City Manager advised this is an information item for Council and that the leases will be discussed during the budget workshops in August for Council to determine whether the leasing organization provides a municipal service that the City would have to otherwise provide or fund. The City Manager advised that