Fort Walton Beach Council agenda — 10-12-2010 Regular — reading text

Regular Council, October 12, 2010 Page 1 of 2 9 AGENDA CITY OF FORT WALTON BEACH REGULAR CITY COUNCIL MEETING October 12, 2010 6: 00 pm CALL TO ORDER 2. INVOCATION - Rev. Roger Peadro, First Christian Church 3. PLEDGE OF ALLEGIANCE - Youth from First Christian Church 4. PROCLAMATIONS 4. 1 No items 5. RECOGNITIONS 5. 1 No items 6. PRESENTATIONS 6. 1 No items 7. APPROVAL OF AGENDA —m P— A" R" 8. CONSENT AGENDA - m vA' l A 'w4 8. 1 Approval of Minutes. Synopsis: Minutes of the Special Meeting of September 21, Special Meeting of September 22, and Regular Meeting of September 28, 2010. ( City Clerk) 8. 2. Auditor Agreement. Synopsis: Staff requests approval of a five ( 5) year contract with the accounting firm of O' Sullivan Creel at a fixed cost of $51, 984 each year to conduct the annual financial audit. ( City Manager) 8. 3__Cox Business Services. Synopsis: Staff requests authorization for the City Manager to sign the Cox Business Services one year contract for internet service. ( IT Director) 84 Verizon Wireless Service. Synopsis: Staff requests authorization for the City Manager to approve the purchase of services from Verizon Wireless at State contract pricing. (IT Director) 9. PUBLIC COMMENTS 9. 1 Comments from the public on items not on the agenda. 10. RESOLUTIONS 10. 1 No items 11. ORDINANCES - FIRST READING 11. 1 No Items. r" t4 12. ORDINANCES - SECOND READING 12. 1 Ordinance 1826. Assistant City Clerk. AN ORDINANCE OF THE CITY OF FORT  Regular Council, October 12, 2010 Page 2 of 2 WALTON BEACH REPEALING ORDINANCE 608 DATED AUGUST 13, 1974; AUTHORIZING THE CITY CLERK TO DESIGNATE AN ASSISTANT CITY CLERK IN THE ABSENCE OF THE CITY CLERK; AND ESTABLISHING AN EFFECTIVE DATE. Synopsis: Provides for a person to act as the City Clerk in the absence of the appointed City Clerk. ( City Clerk) 12.2 Ordinance 1838. Local Vendor Preference. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; REPEALING SECTION 4. 01. 024, LOCAL MERCHANT PREFERENCE, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Synopsis: Provides for local merchant preference to be established by Administrative Policy. ( Finance Director) zV-aq D A$ n 13. APPOINTMENTS 13. 1 Historic Sites and Structures Board. Synopsis: Ms. Katy Krueger has advised she will serve another four -year term if re- appointed by Council. ( City Clerk) -- m rn 14. ACTION -DIRECTION- DISCUSSION 1 4. 1 Request To Reject Option. Synopsis: Douglas Henderson, owner of Henderson Electric, desires to transfer property ownership from him and his wife to his company. Deed gives City right of first option to purchase. ( City Manager) 8 P-:' IA N- rn rn . D- c e.,• w.d.,.. - 1.4.2 Barber Lawsuit Settlement Agreement. Synopsis: Settlement of the sewer easement lawsuit requires payment of $ 15, 000 to Barbers; execution of a Quit Claim Deed; and acceptance of a Grant of Easement. ( City Manager) 14. 3 Playground Gem and Mineral Society Lease. Synopsis: The Playground Gem and Mineral Society requests an extension if its gratuitous lease at the former City Hall for five (5) years with an option for another five ( 5) years. ( City Manager) 15. CITY MANAGER REPORTS 16. CITY ATTORNEY REPORTS 17. MAYOR/COUNCIL COMMENTS 18. ADJOURNMENT Quasi- Judicial - denotes that the item must be conducted as a quasi-judicial hearing in accordance with Florida Statutes Action -Direction -Discussion items may be acted upon by the City Council by either a motion with vote in accordance with Robert's Rules of Order, or by a consensus of the Council. Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286. 0105, F. S.) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. Last Updated ( Thursday, 07 October 2010 08: 37)  CITY COUNCIL MEETING October 12, 2010 Consent Agenda Approval of Minutes: Synopsis: Minutes of the Special Meeting ofSeptember 21, Special Meeting ofSeptember 22, and Regular Meeting ofSeptember 28, 2010. Agenda Item Number: 8. 1  MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 21, 2010 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 21, 2010 at 5: 00 p.m. in the Council Chambers at City Hall with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; joyce gillie gossom; Dennis Reeves; Mike Minich, Bobby Nabors; Bull Rigdon; and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; and Department Directors 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. MOMENT OF SILENCE The Mayor called for a moment of silence in memory of recently deceased Mayor Chuck Bolton, City of Mary Esther. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as presented. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CITY ATTORNEY INTERVIEWS Conduct interviews for City Attorney, Contract Services position. The Mayor pointed out the letter received from the firm of Anchors, Smith, Grimsley to withdraw their application. He also noted the email regarding the City Attorney' s advice that the firms not be asked to leave during the interviews but are welcome to sit in the conference room if they desire. The following firms presented its qualifications, followed by a question and answer period of each firm by City Council members. First applicant: William C. Henry, Esq. of Burke Blue Hutchison Walters & Smith law firm. Second applicant: John Colowich, Esq. single practitioner. Third applicant: Hayward Dykes, Jr., Esq. of Conerly, Bowman & Dykes law firm. Mr. Nabors disclosed the former husband of a cousin holds a position in the firm of Pleat & Perry. Ms. gossom disclosed she was contacted by a city resident on behalf of Pleat & Perry. Mr. Minich disclosed that Mr. Miller called him right after the City Attorney gave her resignation but by the time he returned the call there was a cone of silence, and Mr. Miller called him one other time but they did not discuss any matters that pertained to selection of the law firm.  Special Council 9 -21 - 10 CITY ATTORNEY INTERVIEWS cont. Mr. Rynearson disclosed he received a phone call from a Destin resident on behalf of Mr. Miller. The Mayor disclosed he received several phone calls from Mr. Miller having to do with comments made at a Council meeting and not in relation to the selection of an attorney. Fourth applicant: J. Jerome Miller, Esq. of Pleat & Perry law firm. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. CITY ATTORNEY SELECTION Selection of City Attorney, Contract for Legal Services effective October 1, 2010. The Mayor offered two options to proceed: first option is to make a motion then vote on a specific attorney; second option is to vote on each applicant in alphabetical order. Mr. Nabors moved to use the first option to make a motion then vote on a specific attorney. Mr. Minich seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. Mr. Rynearson moved to select the firm of Peat & Perry. Mr. Nabors seconded motion and it failed by a vote of 3 to 4 with Minich, Nabors, and Rynearson in favor and Holmes, gossom, Reeves, and Rigdon opposed. Mr. Holmes moved to select John Colowich. Mr. Reeves seconded motion and it failed by a vote of 3 to 4 with Holmes, Reeves, and Minich in favor and gossom, Nabors, Rigdon, and Rynearson opposed. Mr. Rigdon moved to select the firm of Conerly, Bowman & Dykes. Ms. gossom seconded motion and it carried by a vote of 6 to 1 with gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor and Holmes opposed. Mr. Minich moved to direct the City Manager to negotiate the terms of the contract with Conerly, Bowman & Dykes. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. ADJOURNMENT As there was no further business, the meeting adjourned at 6: 10 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm Date Completed: 9 -22 -10  MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 22, 2010 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Wednesday, September 22, 2010, at 5: 30 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Joyce gossom, Dennis Reeves, Mike Minich, Bobby Nabors, Bull Rigdon, and Dick Rynearson Also Present: Bob Mearns, City Manager; Helen Spencer, City Clerk; and Department Directors PURPOSE The purpose of the Special Council meeting is to adopt the millage rate and the budget for Fiscal Year 2010/ 11. CALL TO ORDER The Mayor called the meeting to order. He noted Toni Craig, City Attorney is absent in order to prepare for the transition of the new City Attorney Hayward Dykes. He received verification that the meeting had been properly advertised and noticed. PLEDGE The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Rigdon seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RES. 2010 -32 —ADOPTING MILLAGE RATE FOR 2010/ 11 The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING THE MILLAGE RATE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; AND ESTABLISHING