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

WALTON BEACH, FLORIDA, SUPPORTING THE ADVOCATES WHO ARE WORKING TO HAVE THE FLORIDA LEGISLATURE RATIFY THE EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION. Mr. Minich moved to ~Iostpone Res. 08- 24 indefinitely. Dr. Pullen seconded motion and it carried unanimously \jvith Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Council expressed concern that the City Attorney has not been contacted by advocates in reference to the resolution; whether the advocates would pay the City Attorney' s fees for her research/ review of the resolution; and that a matter such as the ERA is a matter personal among voters. RES. 08-43. ESTABLISH MITIGATION CREDIT. STORMWATER MANAGEMENT FEE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ESTABLISHING MITIGATION CREDIT POLICY AS A REDUCTION TO STORMWATER MANAGEMENT UTILITY FEE; AND SETTING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised this is the last step in the long process of implementing a stormwater utility, and sets the mitigation credit policy for the customers and property owners in the City. He advised it gives a range of credit for each based property owner on types of uses and improvements on t~le property. Discussion included that mitigation credit will be approved to new developments after they provide assurances to the City that they have gone through the proper permitting process; and that properties that hav~~all ready made improvements will have the opportunity to apply to the City for mitigation credits.  9 Regular Council 09- 23- 08 RES. 08-43 ( CONT) Mr. Minich moved to adopt Res. 08-43. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08- 38. DESIGNATION OF BROWNFIELD AREA The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING A BROWNFIELD AREA WITHIN THE CITY FOR PROPERTIES GENERALLY LOCATED WITHIN THE BOUNDARIES OF THE CITY' S COMMERCE AND TECHNOLOGY PARK CONSISTING OF APPROXIMATELY 347 ACRES FOR THE PURPOSE OF ENVIRONMENTAL SITE REHABILITATION AND ECONOMIC REDEVELOPMENT; PROVIDING AN EFFECTIVE DATE. Mr. Hofstad advised this is the first public hearing required by the Florida Statutes to establish a Brownfield designation, and the resolution will be brought back to Council at the meeting of October 14. Mr. Hofstad informed that public hearings are held and gives property owners the opportunity to opt out of having their property designated if they desire; however, a Brownfield designation is a huge economic driver and provides incentives to the property owners. The Mayor opened the public hearing. Kimberly Santos, resident of Oak Tree Park in Mary Esther, which is directly in front of the Commerce and Technology Park, questioned how a brownfield designation would affect her property, and expressed concern that her property is unknowingly contaminated. As there was no one else who wished to speak, the public hearing was closed. Roger Register of the TBE Group, who worked with the City in the designation of the Commerce and Technology Park as a brownfield, explained the program was set up to provide economic and environmental incentives for properties that have a perception of contamination, or that are contaminated. Mr. Register explained just because a property is designated as a brownfield does not mean it is contaminated; it allows incentives to come into play for property owners who choose to have their property so designated. Mr. Register stated the designation does not affect Ms. Santos' property; that she would have to have the proper environmental tests done for a determination of contamination. The City Manager clarified that the City does not have any knowledge of Ms. Santos' property being contaminated, and her property is not in the corporate limits of the City. Further discussion included designating other areas of the City as a brownfield in the future. Mr. Reeves moved to support Res. 08- 38. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08-48. BROWNFIELDS GRANT The Mayor read the resolution by title. A RESOLUTION TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE WEST FLORIDA REGIONAL PLANNING COUNCIL AND ESCAMBIA COUNTY TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR A BROWNFIELDS ASSESSMENT COALITION GRANT AND SETTING AN EFFECTIVE DATE. 10 Regular Council 09- 23- 08 RES. 08-48 ( CONT) Mr. Hofstad reported the West Florida Regional Planning Council ( WFRPC) contacted Staff regarding the City subrnitting an EPA Brownfields Coalition grant application with the WFRPC, Pensacola, and Escamlbia County. Mr. Hofstad noted this is a win- win situation for the City and funding could be applied to these agencies toward site assessments. The Mayor asked for public input. There was none. Mr. Minich moved tOI adopt Res. 08-48. Mr. Garvie seconded motion and it carried unanimously with Hollmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08-48. POLICIES FOR COLLECTION/ USE OF SOCIAL SECURITY NUMBERS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 2 OF RESOLUTION 2008- 06 WHICH ADOPTED POLICIES FOR THE COLLECTION AND USE OF SOCIAL SECURln' NUMBERS; AND SETTING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, advised the resolution requires the City to only provide a copy of the disclosure as to the reason the social security number is collected and no longer requires a signature. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 08-48. Mr. Reeves seconded motion and it carried unanimously with Hollmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. WORKERS' COMPENSATION INSURANCE POLICY RENEWALS Consideration of a request to authorize the City Manager to execute insurance policies with the Florida League of Cities for the Workers' Compensation insurance renewal; and insurance providers recommended in the staff report for various miscellaneous policies, for the FY 2008- 09. Mr. Wiltsie advised this is the annual agenda item on the City' s insurance for Property, Casualty and Workers' Compensation, and that there is a decrease in the for workers' premium compensation of $ 108,492, which is attributable to the City' s reduction in payroll for the 08/ 09 fiscal year, a reduction in injuries this past fiscal year, and a reduction in the class code rates recommended by the State and adopted by the Florida League of Cities. The Mayor asked for public input. There was none. Mr. Minich moved to ,authorize the City Manager to execute insurance policies with the Florida League of Cijties for workers' compensation in the amount of $ 394, 193; with Fisher Brown for fl04) d insurance in the amount of $ 39, 707; fiduciary liability in the amount of $14, 773; for public official bonds in the amount of $404; and with Illinois Union Insurance through Public Risk Insurance Agency for petroleum/ environmental liability in the amount of $12, 9651. Also, to award the firm who has the appropriate ratings and best pricing for Statutory )!~ ccidental Death and Dismemberment for Police and Firefighters in the amount of $3, 280. 00, for a total amount of $465, 322. 00. Mr. Holmes seconded motion and it carried unaninlously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  11 Regular Council 09- 23- 08 FIREFIGHTERS' PENSION FUND APPOINTMENT Consideration of appointment to the Firefighters' Pension Trust Fund Board. Mr. Minich nominated Robert W. Neyendorf, 18 Memorial Parkway NW, to serve on the Firefighters' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. POLICE OFFICERS' PENSION FUND APPOINTMENT Consideration of appointments to the Police Officers' Pension Trust Fund Board. Mr. Minich nominated Tony Carnathan, 346 Oakland Circle NW, to serve on the Police Officers' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Minich nominated Chuck Shoff, 225 Natures Trail Court NW, to serve on the Police Officers' Pension Trust Fund Board from September 30, 2008, until September 30, 2010. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. OTHER CITY BUSINESS FOR DISCUSSION PURPOSES Mr. Minich asked about an item to discuss a different time for Council to meet. The City Manager stated that was discussed during the Charter Review and the City Attorney will bring an ordinance forward. The City Attorney received clarification that the ordinance will state 6: 00 pm for discussion. Dr. Pullen brought up the issue of Staff being subject to the Sunshine Law and mentioned a former staff member of the Attorney General stated any action taken by an advisory committee that failed to comply with the Sunshine Law may be invalidated and may suffer same consequences. He believes when the DRC meets, a public announcement should be made and minutes should be kept. Dr. Pullen requested to place on the next Council agenda for discussion and possible action how the Sunshine Law