Fort Walton Beach Council minutes — 11-24-2009 regular — reading text

39 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 24, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 24, 2009, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. 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. INVOCATION /PLEDGE OF ALLEGIANCE Pastor Charles Sansom, Sr., gave the Invocation and led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented the Student Ace Awards to Sierra Day of Choctawhatchee High School and Tera Demkowicz of Fort Walton Beach High School. SPECIAL PRESENTATIONS Senator Don Gaetz presented a legislative update to Council and discussed such issues as the economy and healthcare and how they will affect the state and the city. Senator Gaetz also discussed the permitting process to make it easier for businesses to open in the city and state, as well as the topic of offshore drilling. INTRODUCTION OF NEW ADMINISTRATIVE SERVICES DIRECTOR The Mayor introduced Fran Diedrich, the City's new Administrative Services Director, who will begin working on November 30. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson and Rynearson in favor. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Miller seconded motion. Mr. Miller received clarification regarding Res. 2009 -45 in that the City will likely continue to see significant increases in the funding requirements for the closed defined benefit plan for at least the next five years. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson In favor. i , Regular Council Meeting November 24, 2009 APPROVAL OF MINUTES Approval of the minutes of the Special Council Meeting of November 10, 2009, and the Regular Council Meeting of November 10, 2009. FRONT LOADER REFUSE TRUCK BID AWARD To award bid 10 -001 for Front Loader Refuse Truck to the low responsive, responsible bidder meeting all specifications, Ingram Equipment Sales, for a total cost of $ 202, 107. 00 ( including optional 5 -year extended transmission warranty). RES. 2009 -46, BUDGET AMENDMENT A RESOLUTION OF THE CITY OF FORT WALTON BACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. 2009 -47, 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 DESIGNATED APPROPORIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. 2009 -49, TERMINATES YOUTH COMMITTEE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, TERMINATING THE FORT WALTON BEACH YOUTH COMMITTEE; AND SETTING AN EFFECTIVE DATE. PLAYGROUND RADIO CLUB LEASE To approve the lease with the Playground Amateur Radio Club, located at 13 First Street SE, for a five -year term beginning October 1, 2009, and ending September 30, 2014, for the annual rent of $ 1. 00 per year for the first term, with a negotiated rent for the second term if lease is renewed. RES. 2009-45, 401( a) DEFINED CONTRIBUTION PENSION PLAN A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE ADOPTION OF A DEFINED CONTRIBUTION RETIREMENT PLAN FOR GENERAL EMPLOYEES; PROVIDING FOR THE SELECTION OF ICMA RETIREMENT CORPORATION AS PLAN ADMINISTRATOR; ADOPTING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST; PROVIDING FOR EXECUTION OF TRUST AGREEMENT; PROVIDING FOR ACKNOWLEDGEMENT REGARDING ASSETS; PROVIDNG FOR A PLAN COORDINATOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR FULL FORCE AND EFFECTIVENESS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC COMMENTS Chris Gibson, 249 Brooks Street SE, stated her displeasure at the dismissal of the City's museum director, and the importance of having someone who is ` up to speed' on federal and state laws in reference to Indian artifacts. Ms. Gibson continued that the City is not in compliance with the laws, and asked the City Council to direct Staff to rethink the decision to dismiss the museum director as she feels it is a great disservice to the museum and the citizens of the City. The Mayor noted that the City Charter states the day to day management of the City is the responsibility of the City Manager, and the City Council only has authority over the City Manager, City Clerk, and City Attorney.  41 Regular Council Meeting November 24, 2009 QUASI -JUDICIAL —ORD. 1811. REZONING PROPERTY AT 248 BROOKS STREET SE FROM MUW -12 TO PUD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA REGARDING A 3. 13± ACRE PARCEL WITH A PHYSICAL ADDRESS OF 248 BROOKS STREET, FORT WALTON BEACH, FLORIDA; AUTHORIZING THE REPLAT OF THE SUBJECT PROPERTY; REZONING OF THE SUBJECT PROPERTY TO THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT DISTRICT; AND APPROVING THE DEVELOPMENT PLAN FOR THE BAY TOWNE VIEW SUBDIVISION PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. The City Attorney gave the oath to those who planned to testify. Ed Stanford, representing the applicant, advised there were no changes since the ordinance was brought forward to Council on first reading. Samantha Abell, Senior Planner, advised the Municipal Planning Board recommended approval of the ordinance on October 15, 2009, and confirmed there have been no changes. The Staff Report was entered into the record. The Mayor opened the public hearing. Kabe Woods, 240 Brooks Street, received confirmation on the 10 -foot setbacks on either side of the development. Chris Gibson, 249 Brooks Street SE, expressed concern over possible safety issues, the lack of view corridors, and increased traffic. Mr. Stanford responded this is a single -family development and was reduced from 25 units to 7 units per acre, which will cut down on traffic, and that sidewalks are planned for the property. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to approve Ord. 1811 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. QUASI -JUDICIAL —ORD. 1813, REZONING PROPERTY AT 248 HOLLYWOOD BOULEVARD SE FROM R -2 TO CF The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 248 HOLLYWOOD BOULEVARD SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. There was no applicant present, and the City Attorney noted Staff was previously given the oath. Ms. Abell advised there have been no changes since first reading, and entered the Staff Report into the record. 42 Regular Council Meeting November 24, 2009 ORD. 1813 ( CONT) The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1813 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. QUASI -JUDICIAL —ORD. 1814, REZONING PROPERTY AT 34 CARSON DRIVE SE FROM R -2 TO CF The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF PROPERTY LOCATED AT 34 CARSON DRIVE SE, FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; MAKING FINDINGS OF FACT; REZONING PROPERTY FROM R -2 MULTIFAMILY RESIDENTIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; AND SETTING AN EFFECTIVE DATE. The City Attorney gave the oath to those who planned to testify. Pastor Cecil Williams of Mercy Seat Ministries advised that nothing has changed since first reading and that the request for rezoning was made so a daycare could be included at the site. Ms. Abell advised Staff had nothing to add and entered the Staff Report into the record. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1814 on second reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1817, GENERAL EMPLOYEES' DEFINED BENEFIT PLAN CLOSURE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17 -11, CLOSING THE PLAN TO NEW MEMBERS EFFECTIVE JANUARY 1, 2010; AMENDING SECTION 17 -11. 1, REVISING THE DEFINITION OF EMPLOYEE; AMENDING SECTION 17 -12, DISCONTINUING CONTRIBUTIONS FOR MEMBERS WHO TRANSFER TO THE DEFINED CONTRIBUTION PLAN; AMENDING SECTION 17 -17 TO PROVIDE FOR A REFUND OF CONTRIBUTIONS TO MEMBERS TRANSFERRING TO THE DEFINED CONTRIBUTION PLAN; AMENDING SECTION 17 -20. 1 TO PROVIDE FOR TRANSFERS INTO THE DEFINED CONTRIBUTION PLAN; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Brandy Wunker, Finance Director, advised this ordinance closes the defined benefit plan to all new hires effective January 1, 2010, and all employees hired on or after that date will become a member of the defined contribution plan. Discussion ensued regarding the 30 -day window given to employees to transfer into the new plan, and why it is not an open enrollment period. Ms. Wunker explained that although a 30 -day limit is important from a cash -flow perspective and is a benefit to the City if employees transfer over, it takes cash out of the defined benefit plan and employees that switch over will have to pay a refund of their contributions back to themselves from the defined benefit plan.  43 Regular Council Meeting November 24, 2009 ORD. 1817 (CONT) However, Ms. Wunker noted that the opportunity to transfer over could arise in the future, and there could come a time when it would be offered