Fort Walton Beach Council agenda — 09-23-03 regular Council agenda — reading text

Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Chuck Kelley, and Mike Anderson. Also Present: Joyce Shanahan, Interim City Manager/Finance Director; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media The Mayor called the meeting to order and welcomed everyone. She 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. Mayor Glover gave the invocation. The Mayor presented a proclamation to outgoing Police Chief Steve Hogue thanking him for his many contributions to the City during his years as chief. Mr. Kelley moved to approve the following Consent Agenda items. Mr. Anderson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson in favor. Approval of the minutes of the Special Council Meeting of August 18, 2003; the Council Workshop Meeting of August 19, 2003; and the Regular Council Meeting of August 26, 2003. Award Bid # 03- 117 Annual Fertilizer Bid, to the lowest responsive, responsible bidders, Southern States of Pensa.cola, FL, Harrell' s Inc.. of Gulf Breeze, FL, Lesco, Inc. of Strongsville, OH and Tri-State Plant Food of Dotban, AL, for approximately 377; 000 pounds of fertilizer to be used by the Golf Course, Parks and Recreation and Public Works Departments at an estimated cost of$ 135, 000.00. Award Bid #03- 118 Annual Rye Grass Seed Bid, to the lowest responsive, responsible bidders, Lesco, Inc. of Strongsville, OH and Gro South, Inc. of Dothan, AL, for an estimated cost of$50, 898 to overseed the warm-season grasses that have been planted in the City' s parks, cemetery, rights- of-way medians, wastewater spray field and golf course before they go dODnant in the fall. . 0 ~ ~~ 5~~ fI~trl> ~{~~~~~~~~ Jf~~- Jl i1 t: ~ I I ,~< ," rrj~=-{ GJ' ~'~:~~ 9~ '_ LL~ ~ >:; j'-~ i > -~ I ~~ i~;') J;' '~'. ~!' J The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITIllN THE CITY OF FORT WALTON BEACH LOCATED AT 108- 110 JONQUIL AVENUE NW AND 503 SULLIVAN STREET NW; PROVIDING FOR AUTIfORlTY; PROVIbING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM C- l ( LIMITED COMMERCIAL) DISTRICT TO R-2 ( MULTIFAMILY DWELLING) DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. 56 09/ 09/ 03 Mr. Anderson moved to adopt Ord. 1561 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson hi favor. The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT. WALTON BEACH, FLORIDA; PROVIDING FOR AUTIIORITY, PROVIDING FOR FINDINGS OF FACT; ESTABLISHING A PROCEDURE TO PROVIDE ACCESS TO PUBLIC OFFICIAL; PROVIDING FOR CONFLICT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Kelley moved to adopt Ord. 1569 on first reading. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson in favor. The City Attorney advised this ordinance would be better addressed at a workshop and requested a motion to withdraw it from the agenda. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING PURCHASING PROCEDURES. Upon questioning from Council, the City Attorney explained that there were issues regarding Sec. 266 of the Code she wanted to discuss with Council and provide legal advice for the issue. Mr. Tucker moved to withdraw the ordinance from the agenda to be discussed at another time. Mr. Pullen, Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Kelley, and Anderson in favor. The Mayor advised she would like to change the order ofthe agenda and asked if there was anyone from the general public who would like to speak at this time on issues of City business. . 2, 2003, Joyce Nunnery, 313 Vaughan, Fort Walton Beach, read the following letter of resignation, dated September from Ann Tucker, member of the Museums Ad Hoc Connnittee representing the Muscogee Nation: I tender. my resignation from the Museum Ad Hoc Advisory Committee effective this d~te. This regretfu.11y resignation by advice of Kitto Law Firm;General Counsel for Muscogee Nation of Florida. is It is the understanding of Muscogee Nation that the Ad Hoc Connnittee is a fact fmding Connnittee upon which the City Council will make its recommendations to either continue current public funding or to issue request for proposals from other The Executive Comriiittee of the Nation voted on August 26, 2003, to participate in parties. and maintenance of the museums in question. any invitation for, Bid or Request for Proposal for the operations This decision was made upon a conscientious review of the past actions specifically related to the Temple Mound Museum issue, the current Ad Hoc Connnittee minutes, and the general public information furnished by the City Council. In lieu of regulations of fair and open competition that govern public agencies receiving federal funding, Kitto Law Firm believes it could be cons1rued as a conflict of interest for me to continue service on this Committee. Certified notification of the Nation' s intent to file a proposal will be forwarded to the City Attorney, City Council, and Interim City Manager. Bob Gaskin and Tommy Abood have both completed studies of museums of similar size and scope that can be furnished to the Ad Hoc Advisory Committee. Therefore, the time line will not be affected by my being unable to continue service, for which I am glad.  57 09/ 09/ 03 I respectfully request that this letter be furnished to Lee Bobo and made part of the official record at the meeting held this evening. A signed copy will be mailed to the City Council and to Mayor Glenda Glover. The Muscogee Nation of Florida appreciates the City Council allowing our service to this important endeavor. If there are any questions regarding the decision of the Executive Committee of the Tribal Council or this letter, please feel free to contact Joseph Kitto at ( 202) 528-4748 and discuss this further." Bill Lucas, representing the Emerald Coast Archaeology Society on the Museums Ad Hoc Committee, read the . following into the record: I'm Bill Lucas, and I represent the Emerald Coast Archaeology Society on the Museum Advisory Committee. I'm concerned that the Council may know the Committee' s progress so far and what you can expect in their report, due the first of the year. Mr. Bobo was scheduled to be here tonight and give a report, but he is ill, and mayor may not make it. What I'm about to tell you is my opinion, and has not been approved by the Committee- but neither has the one Mr. Bobo may give. I would like it to be for the record, and have hard copies if you wish. You gave the Committee four tasks. 1) Review the current operations of the Museums; 2) Research the methods of operation and management at similar facilities; 3) Research and evaluate possible and operational management alternatives; and 4) Propose a management and operation plan for City Council consideration, no later than the end of this calendar year. The first three tasks are of a fact- finding nature, and are well underway. The Committee has a growing pile of data on current practices, best practices, and possible alternatives. We can easily package those three up and deliver them to you by the first of the year. The fourth task is not possible with this Committee. You have chosen a committee that is a widely diverse group sharing only one interest: the Museums. This makes accumulating data easy, because the experience on the Committee covers all areas of museum operation. We have an expert for everything. But this diversity also has its disadvantages.Each member of the Committee has his own vision of what the Museums should be. Each member will only favor recommendations that would lead to his own vision. The problem is that each person' s vision is different, and an even worse problem is that there may be no common ground, no common element of that ' vision, on the Committee. If there is no common element among all the individual visions, there can be no recommendations that all members will agree to. The Committee will never agree on a set of recommendations for you. The only exception would be a set of recommendations that are so general, or so vague, that they can be interpreted in several ways. After extended wordsmithing, probably taking us beyond the first of the year, the Committee might be able to agree on such a recommendation. But this recommendation would be useless to you, because it doesn' t tell you what you need to direct. So, I'm telling you that you' ll never get the reply you