Fort Walton Beach Council agenda — 04-14-09 regular — reading text

Sustainable Development Members can apply to join our Network for Sustainable Development, a network of sister city partnerships dedicated m responding mmeu`oxenoesorau`/ewnusustamameurbwnueve/ onment. rhecunent 4a members m the Sister Cities Network for Sustainable Development and their international Counterparts represent aunmucros' sec onormeSiuerc/uesIntemauona/ memuersmn, Humanitarian Assistance Sister Cities International has manv pre- existing nmoramsu» myvsiste city communities provide humanitarian aid tn their international counterparts, including Wheelchairs for Peace and the Emergency Response Program. In addition, usxzo has recently nanneredw/ m SCI » ocreate Community Connector ( cz)' a web- uaseu tool to facilitate and direct human/ tar/an assistance based on individual community needs. For more information o, to join Sister Cities International please contact Membership Manager Laura Giroux via email or call zoz. swr. aasnemooss. @ Sister Cities International. anux' onue. All Rights reserved. - ec^ mmcy Puuo' 1301 Pennsylvania Ave, NW, Suite 850, Washington DC 20004 - ( tel) 202. 347. 8630 - ( fax) 202. 393. 6524 http:// www.sister-cities.org/join/benefits.cfin 4/ 6/ 2009  Fort Walton Beach 4/ 06/ 09 GM20OI13 City of Fiscal Year 2009 Account Balance Inquiry 13: 42: 30 Account number . . 1 0100- 511. 40 - 00 Fund . . . . . . . 001 GENERAL FUND Department . . . . 01 CITY COUNCIL Division . . . . . 00 ADMINISTRATIVE 51 GENERAL GOVERNMENT Activity basic . . Sub activity . . . 1 LEGISLATIVE Element . . . . . 40 TRAVEL / TRAINING Object . . . . . . 00 Original budget . . . . . . . . . 111 Actual expenditures - current 60. 00 Actual expenditures - ytd . . . . 2, 333. 30 Unposted expenditures . . . . . . 00 Encumbered amount . . . . . . . . 00 Unposted encumbrances . . . . . . 00 Pre - encumbrance amount . . . . . . 00 Total expenditures & encumbrances: 2, 393. 30 29. 9% Unencumbered balance . . . . . . . 5, 606. 70 70. 1 FS= Encumbrances F7= Project data F8 Misc inquiry F9 =Misc update F10= Detail trans Fll = Acct list F12= Cancel F24 =More keys activity ImBank for k9erldo, Ltm crn 17  CITY COUNCIL MEETING April 14, 2009 Board /Committee Reports Code Enforcement Board Chairman Paul Horn will address Council s•1 Agenda Item Number:  CITY COUNCIL MEETING April 14, 2009 Board /Committee Reports Code Enforcement Board Chairman Paul Horn will be providing the report Agenda Item Number: 6. 1  CITY COUNCIL MEETING April 14, 2009 Consent Agenda Approval of Minutes: Regular Council Meeting of March 24, 2009 Special Meeting of April 1, 2009 7. 1 Agenda Item Number: 0A  141 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 24, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 24, 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, Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Robert Mearns, Acting 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. PROCLAMATION —KICK BUTTS DAY 2009 The Mayor presented a proclamation for Kick Butts Day to students from Fort Walton Beach High School. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Dane Carter of Fort Walton Beach High School and Michelle Moody of Choctawhatchee High School. APPROVAL OF AGENDA Dr. Pullen moved to remove Item 14, Consideration of a Request to amend motion that approved the collateral assignment of the development agreement between the City and Ft. Walton Development Partners for the Landmark project. Mr. Minich seconded motion. Dr. Pullen stated that under Roberts Rules of Order, he does not see how this could be reconsidered as it was voted on two months ago, and there are no changes from what was voted on at that time. Upon discussion, Mr. Minich clarified that a motion to reconsider can only be done at the time the motion passes. Mr. Miller stated he was surprised there was no opinion from the City Attorney and asked what the attorney thinks about it; he was advised the only discussion right now is whether or not to remove the item from the agenda. Mr. Garvie asked the City Attorney if there is any alternative Council can make on Dr. Pullen' s motion. 142 Regular Council 03/ 24/ 09 APPROVAL OF AGENDA (CONT) The City Attorney advised that Dr. Pullen' s motion is the main motion on the floor unless a motion is made that takes priority, and it has to ' be voted on before any discussion on other issues occurs. The Mayor called for the vote on the motion to remove Item 14 from the agenda and it carried by a vote of 4 to 2 with Holmes, Reeves, Pullen, and Minich in favor and Miller and Garvie opposed ( Hartwell absent). The Mayor advised that Item 11, Release of Lien for 653 Country Club, has been removed from the agenda at the request of the applicant. Mr. Minich moved to approve the agenda as the business of the day, as amended, with items 11 and 14 removed from the agenda. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, G arvie, Pullen, and Minich in favor ( Hartwell absent). SPECIAL PRESENTATIONS Consideration of accepting the Annual Audit and Comprehensive Financial Report for the City of Fort Walton Beach, Florida, for the fiscal year ended September 30, 2008. Mr. Jody Henderson and Ms. Angela Balent will be present at the meeting. Angela Balent of O' Sullivan Creel LLP presented the pertinent items of the Comprehensive Annual Financial Report ( CAFR) including assets, liabilities, and net assets; the enterprise funds; and the City's pension funds, and reported the City is financially sound. Mr. Miller discussed the issue of invoicing for the Presidio. Ms. Balent advised that the Presidio invoices had been brought to their attention last year before the audit was issued, and expanded audit testing was done and the firm found that the Presidio appeared to be an isolated instance and they did not feel any comment was warranted since no other instances were found during testing. Mr. Miller questioned who in the City has the authority to approve the obligation of funds, such as for the internal investigation that was not competed, and Ms. Balent replied that again, during their extensive testing, nothing was found to believe there was any violation of purchasing policies. Mr. Miller stated he brought these issues up because in the letter from O' Sullivan Creel, it states that `No matters have come to our attention that would require us, under professional standards, to inform you about 1) the methods used to account for significant unusual transactions and 2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus,' and Mr. Miller felt these issues were outside of someone' s authority. Ms. Balent stated she understood Mr. Miller's concern, and advised that O' Sullivan Creel is comfortable with the auditing procedures that were done and there is nothing in these items to warrant any type of notification in the audit report, and she would be happy to discuss the matter with him individually. Mr. Minich moved to accept the CAFR for the fiscal year ending September 30, 2008. Mr. Holmes seconded motion and it carried by a vote of 5 to 1 with Holmes, Miller, Reeves, Garvie, and Minich in favor and Pullen opposed ( Hartwell absent).  143 Regular Council 03/ 24/ 09 CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of March 10, 2009. INTERLOCAL AGREEMENT —RADIO COMMUNICATION EQUIPMENT Consideration of request for approval for an Interlocal Agreement between the City of Fort Walton Beach and the Okaloosa Board of County Commissioners for radio communication equipment received through the PSIC Grant. LIABILITY CLAIM —FLORIDA LEAGUE OF CITIES Consideration of request for ratification of a payment to the Florida League of Cities to settle a liability claim, in the amount of $25, 000. QUASI- JUDICIAL AGENDA —EXTENSION REQUEST —ALTA VISTA CONDOMINIUM Consideration of a request from Michael Crew,