Fort Walton Beach Council minutes — 11-18-08 regular minutes — reading text

55 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 18, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 18, 2008, 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, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Finance Director; 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 Reverend Buck Dockery, Mary Esther Church of God, gave the Invocation. PLEDGE Youth from Mary Esther Church of God led in the Pledge of Allegiance. PROCLAMATION - ACHIEVEMENT WEEK The Mayor presented a proclamation to John Feagin of Psi Iota Iota proclaiming November 16 - 27, 2008 as Achievement Week. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Kristi Klabuhn of Choctawhatchee High School and Emily Lyerly of Fort Walton Beach High School. APPROVAL OF AGENDA The Mayor advised that Item # 3 regarding Cemetery Burial Services, was withdrawn per the City Attorney, for discussion at a later date, possibly at the December 9 meeting. Mr. Holmes moved to approve the agenda with the removal of Item # 15 regarding the request to rescind the censure of Council Member Pullen, and the removal of Item # 3, Cemetery Burial Services. Mr. Reeves seconded motion. Mr. Holmes gave his opinion that Item # 15 has been properly discussed and handled at the previous meeting and there is no need to bring it up again. Mr. Miller stated he had Item # 15placed on the agenda and felt it needs to be discussed as a complete Council was not present when it was discussed previously. Mr. Miller moved to amend the motion to reinstate Item # 15 to the agenda. Mr. Garvie seconded motion and it carried by a vote of 4 to 3 with Miller, Garvie, Pullen, and Hartwell in favor and Holmes, Reeves, and Minich opposed. The Mayor called for the vote on the motion, as amended, to approve the agenda with the removal of Item # 3, Cemetery Burial Services, and it carried by a vote of 6 to 1 with Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Holmes opposed. 56 Regular Council 11- 18- 08 CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items, with removal of Cemetery Burial Services bid. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Executive Session of October 28, 2008, and the Regular Council Meeting of October 28, 2008. WITHDRAWN) - CEMETERY BURIAL SERVICES BID To Award RFP 09- 102, Cemetery Burial Services, to the top ranked company, Turn Key Vault and Burial Services, Inc of Fort Walton Beach, and authorize the City Manager to execute a formal contract, which would be valid for a period of three years, with an option of three ( 3) three year extensions. This item was withdrawn for discussion at a later date, possibly at the December meeting, per the City Attorney. REIMBURSEMENT OF PERSONAL INJURY CLAIM Consideration of request for City Council to ratify the reimbursement made to the Florida League of Cities for $20, 000 to settle a personal injury claim. RESOLUTION 08- 53. AMEND FY BUDGET A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. SPECIAL PRESENTATIONS- FCC REGARDING DTV TRANSITION Presentation by the Federal Communications Commission ( FCC) regarding DTV Transition. The City Manager advised the FCC has asked to talk about the digital conversion of the television signal. She also advised she has spoken with Cox Cable, the City' s local cable provider, and anyone that still has an analog television set will be able to receive the regular television signal through Cox for the next three years. Jeffrey Neumann of the FCC in Washington, DC, discussed the digital conversion process that will occur on February 27, 2009. Mr. Neumann advised coupons will be available for converter boxes to individuals who do not yet have digital TV, and explained the differences between digital TV and high definition TV. The City Manager advised the City will try to link to their web site from the City' s web site. SPECIAL PRESENT A TION- LEGISLA TIVE ISSUES Presentation by The Advocacy Group regarding legislative issues in 2008 and 2009. The City Manager introduced Slater Bayliss and Sarah Busk of the Advocacy Group, the City' s representatives for legislative issues in Tallahassee. Slater Bayliss of the Advocacy Group gave a Power Point presentation that explained the firm' s background, presented a report of accomplishments of the past legislative session, and gave a8" overview of future events. Sarah Busk described the roles of the various partners of the firm.  57 Regular Council 11- 18- 08 LEGISLATIVE SERVICES PRESENTATION ( cont.) Mr. Bayliss noted the firm is mainly Republican and noted Florida' s Republican governor, House of Representatives and Senate, and this allows the firm to be effective on behalf of their clients. Mr. Bayliss discussed the firm' s credibility and trust; legislative work; and the 2008 Legislative session, which included a severe budget shortfall. Mr. Bayliss noted that in spite of the budget shortfall, the firm was able to successfully lobby on behalf of the City funding requests for a stormwater improvement project and a reuse water system expansion, each funded at a cost of $ 200, 000. 00, for a total of $400,000. 00. Lee Bobo, 38 Memorial Parkway, took offense to mention of the firm and the State of Florida' s Republican influence, and stated he feels uncomfortable with the City relying on a firm with an ' ear to the governor' to obtain funding for projects. GENERAL PUBLIC Maria Harickson, 342 Hollywood Blvd., expressed concern over her rising water bill; the City Manager asked her to leave her phone number and she would be happy to set up a time to talk with her. BOARD/ COMMITTEE REPORTS Presentation from the City' s Historic Sites and Structures Advisory Board. Laura Bessinger- Morse, Museum Director, and Don Panzenhagen, Chairman of the City' s Historic Sites and Structures Advisory Board, presented their annual report to City Council which included the make- up of the board members; accomplishments; goals; preservation planning; and the need for an architectural survey and the hope for Council' s support for a Certified Local Government CLG) grant with an estimated match of $25, 000 in next year' s budget. During a brief discussion it mentioned the Advocacy Group could be of help in locating grant opportunities for the Board. Millie Thrush, Sudduth Circle, stated she is excited about the plans of the Board, and questioned whether there were any plans to contact the owner of the Summerhouse. The Museum Director stated she has been unsuccessful in reaching a representative of the Summer House and would be happy to explore what options may exist for that building. FUTURE AGENDA ITEMS The City Manager noted that a request by Mr. Miller to provide a flow chart of the development review process has been added to the list of future agenda items. She advised Staff is working on it and no timetable has been identified yet. Mr. Reeves requested information on the by- pass; the City Manager advised the city sends a representative to the Northwest Florida Transportation Corridor meetings and staff can provide a white paper on that issue. CONSIDERATION OF RENEWAL OF CONTRACT FOR STATE LEGISLATIVE SERVICES Consideration of renewal of contract for State Legislative Services. The City Manager advised that The Advocacy Group ( TAG) has been instrumental in securing funding for Community Budget Issues Request grants that the City had sought unsuccessfully for the past six years, and they are encouraging the City to pursue additional grants. She advised that the renewal of this contract is at the same $ 40, 000 amount as provided in the original agreement, that the funds are included in the FY 2008- 09 budget, and must be approved by Council for another year, since it is not automatically renewed. 58 Regular Council 11- 1 8- 08 STATE LEGISLATIVE SERVICES CONTRACT cont. Discussion included whether the contract should be renewed at a lesser amount due to the budget issues. The City Manager explained that the City and TAG had discussed the possibility but it was agreed that the amount would remain the same as it was felt it was a fair dollar amount. She also noted the City was in constant contact with them on a weekly basis during the legislative session to review what the issues were and what was happening in regards to budget reform issues. The Mayor opened the floor for public input. No one wished to speak. Mr. Garvie moved to approve the renewal of the contract with The Advocacy Group at Tew Cardenas, LLC, for the period of December 1, 2008 through November 30, 2009 in the amount of $40, 000. Mr. Minich seconded motion. Council noted the positive return to the City on their $ 40, 000 investment and the need for people who are familiar with the legislative issues to work on behalf of the City. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08- 46. AMENDING FY 07/ 08 BUDGET The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the floor for public input. No one wished to speak. Mr. Minich moved to adopt Res. 08- 46. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REQUEST FOR PROPOSAL- SOLID WASTE BY THE CITY OF MARY ESTHER Consideration of Council direction in the matter of a response to a Request for Proposal for collection and disposal of solid waste issued by the City of Mary Esther. Brandy Wunker, Finance Director, reported the City of Mary Esther issued a Request for Proposal RFP) for solid waste collection services. She advised Staff evaluated the