Fort Walton Beach Council minutes — 09-23-08 regular minutes — reading text

ordinance by title.  5 Regular Council 09- 23- 08 ORD. 1776 ( CONT) 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. Mark Wiltsie, Human Resources Director, advised there have been no changes to the ordinance since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1776 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1778. PROVISIONS TO RECONCILE CERTAIN CITY BOARDS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES TO RECONCILE CERTAIN PROVISIONS REGARDING THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD, AND THE COMMUNITY REDEVELOPMENT AGENCY WITH PROVISIONS OF THE REVISED LAND DEVELOPMENT CODE REGARDING THE SAME BOARDS; ESTABLISHING CONFLICT RESOLUTION AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, noted a minor change on Line 130 of the ordinance, informing it should read the Community Redevelopment Agency rather than the Code Enforcement Board, and except for that correction, Ms. McKim advised there were no other changes. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1778 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1779. PROVISION TO RECONCILE CERTAIN PROVISIONS/ BUILDING MAINTENANCE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3. 10 OF THE CODE OF ORDINANCES TO RECONCILE CERTAIN PROVISIONS REGARDING BUILDING MAINTENANCE WITH PROVISIONS OF THE REVISED LAND DEVELOPMENT CODE REGARDING PROPERTY MAINTENANCE; ESTABLISHING CONFLICT RESOLUTION AND SETTING AN EFFECTIVE DATE. The CDS Director advised there are no changes since the first reading and Staff recommended approval. Council received clarification that the date on Section II of the ordinance will read September 9, 2008. The Mayor opened the public hearing. As there was none, the public hearing was closed. 6 09- 23- 08 Regular Council ORD. 1779 ( CONT) Mr. Minich moved to ;adopt Ord. 1779 on second reading. Mr. Reeves seconded motion and it carried unanin10usly with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1780. REMOVE LIMITATIONS ON HOME RULE POWERS The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 8 OF THE CITY CHARTER TO REMOVE LIMITATIONS ON THE CITY' S HOME RULE POWERS AND TO RECONCILE INTERNAL INCONSISTENCY WITH POWERS OF THE MAYOR AND SETTING AN EFFECTIVE DATE. The City Attorney advised this ordinance would clarify the issue discussed during the Charter Review meeting regarding the powers of the Mayor. The Mayor opened the public hearing. s Street SE, stated he agrees with the Mayor having the right to vote to Dean Covey, 270 Broo~~ break a tie vote; however, he believes there should be a majority of the total Council present when issues such as taxes or fees or the Land Development Code is discussed. the Lee Bobo, Memorial Parkway, questioned the verbiage of the ordinance, particularly Rule his opinion that whether or not the Mayor can limitations on the City' s Home powers, giving cast a deciding a vote in the case of a tie has nothing to do with Home Rule. Mr. Bobo continued that the elected seven members of the City Council have the power to run the City, and that anything, in his view, that comes before the Council should be determined by the members of Council. Mr. Bobo also gave his feeling that any major changes to the Charter should be made by the 8 of the City people by way of a referendum, and noted inconsistencies in Sections 6 and Charter regarding the Mayor casting a deciding vote. The City Attorney advised that Section 8 of the Charter not only regards ordinances and resolutions, but also an order or vote, and that it requires four members of Council to adopt or vote for any action that occurs. As there was no one else who wished to speak, the public hearing was closed. Mr. Minich moved to adopt Ord. 1780 on first reading. Mr. Reeves seconded motion. Council discussion included the importance of having a quorum of Council in order to conduct business; that the Mayor is an elected official and should be permitted to break a tie if need be; that the Charter vests tine power in the seven councilmembers; that the councilmembers have term limits but theMayor does not; and the current Mayor is well- versed on the issues in case a deciding vote is required. The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, lI, and Minich in favor and Miller and Pullen opposed. Hartwt:! REGULAR AGENDA- ALTERNATIVE PENSION PROGRAM STUDY Consideration of authority for staff to proceed with the study of an alternative pension program and secure the services of the pension attorney and plan actuary at the cost of $ 12, 000. If approved, funds are available in the General Employees' Pension Fund to cover this expense.  7 Regular Council 09- 23- 08 ALTERNATIVE PENSION PROGRAM STUDY (CONT) Also, request authority for staff to contact the Police and Fire Pension Boards to determine their interest in pursuing a transition to a defined benefit plan. Mark Wiltsie, Human Resources Director, advised this item is a result of Council' s discussion during the budget meetings to study different ways to provide pension benefits to the employees, and one way is to transition from the current defined benefit plan to a defined contribution plan. He informed this is to authorize to undertake a study and to secure the services of the City' s pension attorney and actuary to accomplish that. When questioned by Council, Mr. Wiltsie informed it would be three to four months before information is brought back to Council. Mr. Reeves moved to authorize Staff to proceed with the study of an alternative pension program and secure the services of the pension attorney and plan actuary at the cost of 12, 000. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS The City Manager noted discussion and formalization of the relationship between the Friends of the Library and the City was added as a future agenda item. Mr. Minich moved to remove Item 1 (Expand Protocol Guide to Include Duties of Mayor; Duties of Councilmembers) as a future agenda item. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. NOTICE TO DELIBERATE ON ORD. 1763 Consideration of notice that Council Member Pullen, on October 14, 2008, will make a motion to rescind the vote on Ordinance 1763, taken on September 9, 2008, and to deliberate again the application upon second reading, with any additional information necessary for a decision, and pursuant to notice requirements for such ordinances at the sole expense of the applicant. The City Attorney stated this is a noticed item regarding the upcoming motion that Dr. Pullen may make on October 14, and it is pursuant to Roberts Rules. No action or motion is required. SHIP ANNUAL REPORTS Consideration of a request from Okaloosa Community Development Corporation ( OCDC) by Executive Director Patti Sunnarborg, for approval of SHIP and HHRP Program Annual Reports. Patti Sunnarborg, Executive Director of Okaloosa CDC, discussed the demographics and the expenditures for both the SHIP and the HHRP Programs and requested Council's approval of the Annual Reports. Dr. Pullen moved to approve the annual reports for the SHIP and HHR Program funds. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. LEASE FOR PARKING DECK- LANDMARK CENTER Consideration of a request by Fort Walton Development Partners, LLC., for approval of a ground lease between the City and Fort Walton Development Partners, LLC for the construction of a parking deck for the Landmark Center on city owned property located at 223 Miracle Strip Parkway SE and 206 Perry Avenue SE. 8 Regular Council 09- 23- 08 LANDMARK CENTER ( CONT) Bruce Houle, representing Ft. Walton Development Partners LLC, advised the approval of the lease will allow the devE~lopers to build the parking owned garage on city- property. Mr. Minich moved tC) approve the Ground Lease between the City and Ft. Walton Development LLC to construct the parking deck on city-owned Partner!>> property. Mr. Holmes seconded mojtion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. HABITAT FOR HUMA~IITY REQUEST- 103 HARBESON AVENUE Consideration of a request from Okaloosa County Habitat for Humanity to waive the water tap fee of $ 500, sewer tap fee of $ 600, and building permit fee of $ 433. 90, for a single family residence to be constructed at Lot 2, Block 1, Central Addition, located at 103 Harbeson Avenue. The CDS Director requested approval of the waiver of fees with a cap of $ 2, 000 for any adjustment in fees. Mr. Minich moved to 'Naive the water tap fee of $500, sewer tap fee of $600, and building permit fee of $433.90, for a single family residence to be constructed at Lot 2, Block 1, Central Addition, located at 103 Harbeson Avenue. Mr. Holmes seconded motion and it carried unanimously '''lith Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08- 24. EQUAL RIGHTS AMENDMENT A RESOLUTION OF THE CITY OF FORT