Fort Walton Beach Council minutes — 04-27-2010 regular — reading text

139 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 27, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, April 27, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, joyce gossom, Dennis Reeves, Bobby Nabors, Bill Patterson, and Dick Rynearson. Seat 4 Vacant Also Present: Robert Mearns, 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. WELCOME The Mayor welcomed Dr. joyce gossom to the City Council. INVOCATION Pastor David Beiler, Evangelical Center, Assembly of God, gave the Invocation. PLEDGE OF ALLEGIANCE Mr. Rynearson led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Benjamin Piburn of Choctawhatchee High School and Matthew Bevil of Fort Walton Beach High School. APPROVAL OF AGENDA The Mayor advised that Item 14. 3, Request for Assignment of Lease and Release of Rent for property located at 243 Hollywood Blvd NW has been withdrawn at the request of the applicant and will be brought back sometime in the future. He requested approval of the agenda as amended. Mr. Reeves moved to approve the agenda, as amended, with Item 14.3, Request for Assignment of Lease and Release of Rent for property located at 243 Hollywood Blvd NW, withdrawn at the request of the applicant. Mr. Patterson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 4 Vacant). PRESENTATION —GENERAL EMPLOYEES PENSION PLAN QUARTERLY REPORT Joe Bogdahn of the Bogdahn Group presented the General Employee' s Pension Plan Quarterly Report for the quarter ending March 31, 2010, discussing such issues as the difference in the market environment since this time last year; asset allocation; and financial reconciliation. Council discussion included the role of the actuary and the methodology used in determining the percentages of return from year to year. 140 Regular Council 4/ 27/ 10 PRESENTATION —GENERAL EMPLOYEES QUARTERLY REPORT (CONT) Mr. Bogdahn discussed the possibility of replacing Aletheia as asset manager due to their underperformance the past year. Council stressed the need to take action if a company is underperforming and suggested a workshop or special meeting be held in September to look at investment policies, actuarial assumptions, and to consider the performance of Aletheia. STORMWATER UTILITY UPDATE Mr. Reeves advised he requested this update so the citizens have an idea of the results of the user fee that was implemented with the establishment of the Stormwater Management Utility in October of 2008. Michael Beedie, Engineering /Utilities Services Director, presented an overview on the accomplishments of the Stormwater Management Utility, including successfully obtaining over 800,000 in grant funding for capital projects, including six stormwater pollutant separator units and a stream meandering and restoration project at Liza Jackson Park. Other accomplishments included the installation of perforated pipes in different locations of the City; coordination with the FDEP on obtaining a Brownfields designation in the City's Commerce and Technology Park area; and conducting energy and water conservation public workshops in the City. Mr. Beedie also discussed future projects including the rehabilitation or replacement of storm drains at Fountainhead Condominiums and in front of Gary Smith Honda. Mr. Reeves commended Mr. Beedie and the Engineering Department for putting this report together. However, Mr. Reeves commented that although a lot of projects have been done with grant monies, the money utilized has only been spent on small projects and very little has gone into the actual laying of pipes, and he feels funding could be implemented and handled in a more efficient matter. Mr. Beedie stated the division has only been in existence for 18 months and it takes awhile to get the funds built up. Mr. Beedie noted that when grants are involved there is always a match, whether financial or in -kind, and that projects have been done and are planned for the second year. Further discussion included future staffing for the division and that a stormwater master plan is being developed. CONSENT AGENDA Mr. Holmes moved to the following Consent Agenda items. Mr. Reeves approve seconded motion and it carried unanimously with Holmes, gossom, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 4 Vacant). APPROVAL OF MINUTES Approval of minutes of Special Meeting and Regular Meeting on April 13, 2010. ACCEPTANCE OF CDBG ACTION PLAN To accept the Fiscal Year 2011 -15 Five -Year Consolidated Plan and the Fiscal year 2010 -11 Community Development Block Grant ( CDBG) Annual Plan as approved by the Citizen' s Advisory Committee on March 25, 2010, which provides $ 142,212 in CDBG funds for five projects within the City. ACCEPTANCE OF ACTUARIAL VALUATION REPORT FOR GENERAL EMPLOYEES' PENSION PLAN To accept the General Employees' Retirement Fund Actuarial Valuation as of October 1, 2009 as defined by the City's actuaries.  141 Regular Council 4/ 27/ 10 DIRECT CITY CLERK TO ADVERTISE REZONINGS To direct the City Clerk to provide notice as required in Chapter 166. 041( 3)( c) of the Florida Statutes to the affected property owners of the proposed rezonings to make the 20 properties consistent with the City's Comprehensive Plan. APPROVAL OF CONTRACT WITH XEROX CORPORATION To authorize the City Manager to execute the lease agreement with Xerox, pending approval of the documents by the City Attorney, for a proposed annual cost of $40, 248. 24. ORD. 1825 —DISTANCE REQUIREMENTS FOR SALE OF ALCOHOL The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 02, PROHIBITED LOCATIONS FOR SALES ( OF ALCOHOLIC BEVERAGES), OF THE CODE OF ORDINANCES; RESOLVING CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planning Manager, advised that Chapter 9. 01 of the City's Code of Ordinances prohibits the principle sale of alcoholic beverages within 500 feet of a church or school, and defines the distance from an alcohol sales establishment to a school or church be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from property line to property line. Ms. Abell informed Ord. 1825 amends Chapter 9. 01. 02 of the Code of Ordinances for consistency with Chapter 562.45 ( 2)( a) of the Florida Statutes by removing churches and revising the method of measurement to determine the 500 -foot restriction. She continued the revision is the result of public meetings with downtown merchants and property owners affected by the existing code in conjunction with promoting an arts and entertainment district. The Mayor opened the public hearing. Maggie Halsey, owner of Barefoot Weddings on Miracle Strip Parkway, represented the Downtown Merchants and stated their support of the ordinance. Louisa Garcia, new owner of waterfront property downtown, explained her vision for the waterfront and voiced her support of the ordinance. As there was no one else to speak, the public hearing was closed. Mr. Nabors moved to adopt Ord. 1825 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 4 Vacant). HISTORIC SITES BOARD APPOINTMENT Consideration of appointment to the Historic Sites Board. The City Clerk advised that William Cox requests re- appointment to serve a four (4) year term. Mr. Holmes nominated William Cox, 1408 Texas Parkway, Crestview, Florida, to serve on the Historic Sites and Structures advisory Board for a four -year term beginning April 27, 2010 until April 27, 2014. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, gossom, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 4 Vacant). 142 Regular Council 4/ 27/ 10 NOMINATIONS FOR VACANT COUNCIL SEAT 4 Nominations for Vacant Seat Council 4. The Mayor advised that nominations will be made tonight and at the Council meeting of May 11, and the seat will be filled at the May 25 meeting from those nominated. The Mayor opened the floor to nominations. Dr. gossom nominated Bill Garvie. There were no further nominations. SUMMER SCHEDULE FOR CITY COUNCIL Consideration of setting summer schedule for City Council. The City Manager advised that in the past the regular Council meetings in July have been cancelled to provide Staff time to prepare the budget documents for the public hearings in August and September. He noted, however, that a special meeting may need to be held on or about July 1, depending on when the Certification of Taxable Value is received from the Tax Assessor. Mr. Reeves moved to cancel the regular Council meetings scheduled for July 13 and July 27, 2010. Mr. Patterson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 4 Vacant). ASSIGNMENT OF LEASE /RELIEF OF RENT - 243 HOLLYWOOD BLVD NW The item was withdrawn at the request of the applicant. CITY MANAGER REPORTS The City Manager mentioned the Waste Management closing last week and that the City received a check in the amount of $ 795, 000 for the sale of the property. The City Attorney advised that the contract required $ 700, 000 be given to Waste Management for cleanup, and if the entire amount is not used the City will get the remainder back. The City Manager also announced the Thank You and Welcome Home Vietnam Veteran' s Day Event taking place at St. Mary's on Wednesday, May 5, and that he will be in attendance. CITY ATTORNEY REPORTS The City Attorney distributed a Litigation Status Report for pending litigation and that if Council had any questions they could give her a call. MAYORICOUNCIL COMMENTS Mr. Holmes welcomed Dr. gossom as a member of Council, and commented that the property on Miracle Strip Parkway recently purchased by the City is cleaning up nicely. Dr. gossom thanked everyone for their support and for the warm welcome she received from the Council and City Staff, and stated she looks forward to working with everyone. Dr. gossom also expressed condolences to the families impacted by the explosion of the oil rig in the gulf last week. Mr. Reeves