Fort Walton Beach Council minutes — 03-23-2010 regular — reading text

i1VA MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 23, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 23, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie ( Mayor Pro Tem), Bobby Nabors, Bill Patterson, and Dick Rynearson Absent: Mayor Mike Anderson; Seat 2 Vacant Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor Pro Tern 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 /PLEDGE OF ALLEGIANCE Dave Lester, First Reader, Christian Science Church, gave the Invocation and led in the Pledge of Allegiance. PROCLAMATION —KICK BUTTS DAY The Mayor Pro Tern presented Linda Litschauer, representing the FWBHS Students Working Against Tobacco ( SWAT) of Fort Walton Beach High School, a proclamation for Kick Butts Day. PROCLAMATION —HANDS AND LINKING ARMS DAY The Mayor pro Tern presented Bishop Wendell Brock a proclamation for Helping Hands and Linking Arms Day. STUDENT ACE AWARD The Mayor Pro Tern presented the Student Ace Award for March to Rebecca Gornto of Choctawhatchee High School. DISTINGUISHED BUDGET AWARD The Mayor Pro Tern presented the Distinguished Budget Award to Finance Director Brandy Wunker. APPROVAL OF AGENDA The Mayor Pro Tern requested item 9. 3, Discussion of Potential Litigation Against Merrill Lynch, be moved to after Item 2. 2, a presentation on the Census 2010. The Mayor Pro Tern explained the attorney present to discuss the potential litigation is from out of town and requested he be placed earlier on the agenda. Mr. Patterson moved to approve the agenda as the business of the day, as amended, moving Item 9.3. Potential Litigation Against Merrill Lynch, to after Item 2.2. Presentation on the Census 2010. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). 118 Regular Council 3/ 23/ 10 FY ANNUAL AUDIT AND COMPREHENSIVE FINANCIAL REPORT Ms. Angela Balent of O' Sullivan -Creel presented the Fiscal year 2009 Annual Audit and Comprehensive Financial Report ( CAFR). The Mayor Pro Tern thanked everyone involved with the budget, stating it is a credit to all involved that such an excellent budget report was given in these tough economic times. The Finance Director requested a motion from Council to accept the CAFR. Mr. Rynearson moved to accept the Comprehensive Annual Financial Report ( CAFR) for the fiscal year ended September 30, 2009. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Seat 2 Vacant). CENSUS 2010 PRESENTATION Cam Johnson, Public Information Officer, provided information on the 2010 Census and discussed its importance to the City of Fort Walton Beach in regards to the appropriation of federal and state funding, budget planning, transportation needs, and business development. DISCUSSION OF POTENTIAL LITIGATION AGAINST MERRILL LYNCH Glen Thomas, the City's General Pension Attorney from Lewis, Longman, and Walker, discussed the basis of the potential lawsuit with Merrill Lynch. He described the actions of Merrill Lynch as a breach of fiduciary duty and a conflict, explaining that the job of Merrill Lynch is to look after and monitor the money managers of the pension fund. However, Merrill Lynch kept money managers that they shouldn' t have, and retained money managers they should have let go, and because they were looking after their commissions instead of the pension funds, the allegation is that the pension funds lost money, although it is not really known if funds were lost. Mr. Thomas discussed the contingency agreement from Beggs and Lane and stated it is a very standard agreement. He informed this is a special type of law and Beggs and Lane knows the in and out of this type of investigation and know exactly what to look for, and he recommended going forward with the contingency agreement. The City Attorney advised an issue of the agreement is if the City decides to move forward with the lawsuit then decide to stop it, the City may be responsible for costs incurred up to the time it is stopped. She advised Council to stay with the lawsuit until it is done which may take two to three years. Mr. Thomas recommend that language be included in the agreement with Beggs and Lane that states any initial investigation that is done is at the risk of Beggs and Lane if they decide not to pursue the lawsuit. Mr. Nabors moved to go forward with supporting the lawsuit with the stipulation that any investigation that is done is at the risk of Beggs and Lane if they decide not to pursue the lawsuit; and to authorize the City Manager to send the case forward as a cause of action. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). CONSENT AGENDA Mr. Reeves moved to the following Consent Agenda items. Mr. Holmes approve seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant).  119 Regular Council 3/ 23/ 10 APPROVAL OF MINUTES Approval of the minutes of Regular Council Meeting of March 9, 2010 and the Special Council Meeting of March 15, 2010. SATISFACTION OF LIEN - 210 -212 STOKES AVENUE Satisfaction of Lien for property at 210 -212 Stokes Avenue as the assessment for street, drainage, and sewer improvements have been paid in full by the property owner. RES. 2010 -10, CDBG BUDGET AMENDMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC COMMENTS Lt. Col. ( Ret) Carmen Reynolds, 9621 Sunnybrook Drive, Navarre, re- addressed the issue of the Shariah Law which was discussed at the March 9, 2010 Council meeting. She advised she provided additional information to the City Clerk for distribution to Council, as well as to citizen Lee Bobo, who provided input at the March 9 meeting. Ms. Reynolds discussed how the Shariah Law works and discussed key individuals on the Shariah finance in the United States; their roles in their respective countries; and the need to take a stand against the Shariah- financed institutions in the US. Ms. Reynolds asked that Council reconsider their decision and to draft an ordinance that prohibits the City from doing business with financial institutions who are Shariah Compliant. Council advised they had discussed this issue previously and consensus at that time, and as of now, is to take no action. Chris Gibson, 249 Brooks Street SE, questioned the need for Ladder Truck # 6 to respond to non -emergency medical runs. Mike Dutton, Fire Chief, explained that Rescue Truck # 6 is the first respondent vehicle; however, Ladder Truck # 6 will respond to a call in the event Rescue Truck # 6 is unavailable. Chief Dutton further explained that emergency calls go through Central Dispatch in Crestview, and they determine whether the call is an emergency or non - emergency. Ms. Gibson also discussed her displeasure that a softball field at the Fairgrounds was lost to the county due to the construction of the courthouse annex. Jeff Peters, Recreation /Cultural Services Director, advised two softball fields are left at the Fairgrounds, and that with the renovation of Chester Pruitt Park, plans are to use that park for co -ed softball. Mr. Peters advised that when grants become available, there are areas in the City that are being looked at for a possible sports complex. Ms. Gibson also discussed the Library Cooperative with Okaloosa County and the amount of funding the City contributes to the library, as opposed to non -residents who use the City facility. As there was no one else who wished to speak, public input was closed. ORDINANCE 1818 —REMOVES LANGUAGE FROM SECTION OF THE LDC The City Attorney read the ordinance on first reading by title. 120 Regular Council 3/ 23/ 10 ORD. 1818 ( CONT) AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; REPEAL OF SECTION 13. 30. 8, TEMPORARY USES; AMENDING CHAPTER 15, ZONING DISTRICTS, OF THE LAND DEVELOPMENT CODE, BY DELETING FARMERS MARKETS AND OUTDOOR SALE AND DISPLAY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planning Manager, advised this ordinance removes " Farmers Market" and Outdoor Display and Sales" from Table 15 -2 of the Land Development Code, in order to provide internal consistency subsequent to Ordinance 1823, which provides for both " Farmers Markets" and " Outdoor Display and Sales" within the City's Code of Ordinances. The Mayor Pro Tern opened the public hearing. There was none. Mr. Nabors moved to adopt Ord. 1818 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). ORDINANCE 1820 —AMENDS SECTION 10. 52. 04, BASES OF CHARGES FOR CITY WATER SUPPLY The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDNG AUTHORITY; AMENDING SECTION 10. 52. 04, BASES OF CHARGES FOR CITY WATER SUPPLY, OF THE CODE OF ORDINANCES TO CORRECT AUTHORITY FOR MINIMUM FEE FOR 2, 000 GALLONS; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised there were no changes to the ordinance since first reading. The Mayor Pro Tern opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1820 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). ORD. 1824 —NO COST GRAVES FOR CITY POLICE /FIREFIGHTERS AND CITY RESIDENTS OF THE ARMED FORCES KILLED IN ACTION The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTION 10. 10. 15, ENTITLED COST, PAYMENT FOR LOTS, CRYPTS, NICHES, OF THE CODE OF ORDINANCES BY ADDING SECTION 10. 10. 15. 1 ENTITLED " EXEMPTION FOR CERTAIN PERSONS;" DEFINING ELIGIBILITY; PROVIDING FOR VERIFICATION OF STATUS; PROVIDING FOR ASSIGNMENT OF CEMETERY PLOT OR WALL NICHE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Reeves advised it was his understanding that the intent of the ordinance was to provide a burial plot, but that the ordinance includes interment services