Fort Walton Beach Council agenda — 10-28-08 regular agenda — reading text

work, and here they are going' back to the MPB and then what are they to do with the other going and processes developers in the meantime because they cannot meet now or function and do their job because they cannot talk between themselves to get to the recommendations they need. The City Attorney' stated the reason she said the MPB is because the MPB has to review the Land Development Code changes and this is a Land Development Code change. She thought staff would want some time to review it and come up with a good working solution. The City Manager said they do want some time but what is paramount is they are frozen in time, they cannot do their jobs; the Planner cannot talk with the CRA Planner, the Stormwater Management cannot talk with the Building Official, so she cannot approve any development and move forward without it being published in the newspaper, post the property and that will not happen in five days. She said the whole idea with the DRC was to help the developer understand what all the requirements are so that is where they are ftozen in time right now. Mr. Holmes questioned if there was some cure or mechanism they can do to alleviate that problem now. The City Attorney said she suggested they stop doing DRC meetings but no one liked that suggestion, not necessarily abolish the committee, but she did not think that is a feasible solution. She thought that each of the DRC meetings, based on the new Code, the only thing they can do is advertise the meetings as required and go forward with that. Mr. Holmes commented the intent was to take a layer out and they have probably added several1ayers into it, and asked if they had the right or authority to take it out. The City Attorney stated they do but they want the recommendation of the MPB and she is not saying that they cannot,just tell her to draft an ordinance striking the entire DRC provisions, but that is contrary to their own Land Development Code that says the MPB would make those recommendations; but Council can do that,they can set a Special meeting. Mr. Holmes asked if the MPB could set a Special meeting to address this posthaste. The City Attorney would suggest if Council directed them to do so they certainly should. Mr. Minich commented the purpose of it was to fast track some of the issues by meeting with developers early on. He said he gets comments from peop1e trying to improve the City that the City tries to go out of its way to help them and he thought that is what the DRC is for. He thought it should go back to the MPB and staff should put it on the fast track to get it on the MPB as fast as possible and get it to Council because it just adds another layer of bureaucracy that they do not need because it is just another public meeting once a month or whatever and then it comes to the next month, the next month, the next month and it slows the process.  10- 14-08 Regular Council 31 SUNSHINE LAW cont. Mr. Minich said he thought the staff should have a look:at it and coordinate with the City Attorney, come up with a recommendation and it absolutely needs to go to the Municipal Plaming Board because they deal with the Land Development Code, but it needs to be on the fast track,it needs to be the n~xt available meeting and the next available meeting after that,not two or three meetings :lTom now because Council is only having one meeting in November and one meeting in December. He did not think they need to call an emergency meeting of the MPB because he did not think staff will have their recommendations before that, but this needs to move forward bec"ause those people who want to come in and do good things in this town and invest their money to do it, they do not need to drag it on any further than they have to. He said to him the DRCs were to make it all go quicker to help those developers who want to come in to facilitate the process and not slow it down, but in his opinion they have added another layer of bureaucracy they do not need to mess with. His recommendation would be to move it forward so the MPB can look at it at their next meeting then ~ ing it to Council the meeting after that. Mr. Holmes asked if in the meantime if the process just stops. Tbe City Attorney said no. The City Manager asked if they have to post the property. The City Attorney said it depends on which type of development it is and, the different requirements. Mr. Holmes asked what kind of timefi"ame is added to the process. The City is Manager said to post the property, notify the property owners, and put a notice in the newspaper longer than five days. Mr. Minich stated to do whatever it takes to move forward anq then fix the problem beyond that. Mr. Hartwell noted there is one meeting in November and one meeting in December and thought this is serious to the City right now and if they need to hold more meetings the City Clerk can call them. The City Manager said if they need to move it on quickly, they need to work with the City Attorney to get it resolved and they will make recommendations through the City Clerk if they need a Special meeting and she will contact Council. NEED FOR EXECUTIVE SESSION Consideration of notice that the City Attorney needs to schedule an executive session to discuss with the City Council the matter of v. Sharpe, B& H Contracting, Okaloosa County Court Case 2003.c.A4042. City The City Attorney stated this case has been going on for quite some time and she needs to discuss it with Council because they are at a point of either settlement or trial. She needs about 30 minutes for Executive Session to discuss the matter with Council, and it could be before the next Council meeting, there is no rush. The City Clerk win coordinate a date for an Executive Session. CODE ENFORCEMENT BOARD APPOINTMENT .. ' Consideration of appointment of an alternate to the Code Enforcement Board for a three year term. Mr. Minich nominated Peter Dunahugh. The Mayor called for the vote on the nomination to appoint Peter Dnnahugh, 113 B Cedar Avenue i SW, as an alternate to the Code Enforcement Board for a three year term beginning October 14, 2008 I until October 14, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Pullen,Hartwell,and i Minich in favor (Miller absent). POLICE OFFICERS' PENSION BOARD APPOINTMENT Consideration of appointment to the Police Officers' Pension Trust Fund Board. The CItY Clerk reported the fifth member is chosen by the' four members of the Board and submitted to Council as a ministerial duty to appoint that person.  Regular Council 10- 14- 08 32 POLICE OFFICERS' PENSION BOARD APPOINTMENT Mr. Minich moved to approve the appointment of Captain Rose Berry to serve on the Police Officers' Retirement Fund Board of Trustees as the fifth member for a two- year term effective October 1, 2008 until September 30, 2010. Mr. Holmes se~ onded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller ( absent). OTHER CITY BUSINESS FOR DISCUSSION PURPOSES The Finance Director advised that the City' s Financial Advisor for the General Employees Pension Plan requested a meeting with the Board of Trustees to discuss the investment policy and the current investment managers. She reported the date he is available is November 4th. Due to the election on that date Council preferred another date. The City Manager said as action is required by Council a Special meeting is needed. J MAYOR/COUNCIL ANNOUNCEMENTS Mr. Reeves advised he takes the Sunshine Law seriously but is frustrated by the issue with the DRC meetings and felt this is making work for staff and the community. Mr. Garvie mentioned an article on Carolyn Ketchell, Director of Catholic Charities, and her efforts on behalf of needy individuals. He announced he will be traveling with the World War IT veterans on the Honor Flight to Washington D.C. in the morning. Mr. Minich repQrted he and the Mayor went to Goofy Golf to celebrate the rebuilding of "Hammy" the dinosaur, a landmark at Goofy Golf. The Mayor reported he attended the retirement and promotion ceremony at the Fire Department; thanked the Police Department for their assistance during the Domestic Violence Awareness Month vigil; attended the 50th Birthday of Mitre Corporation; attended the Habitat for Humanity groundbreaking on a home that will be an " All Green" building; received a lot of nice letters regarding good work by various departments; and that the City' s Heart Walk team raised $ 3, 500 for the Heart Association. CITY MANAGER ANNOUNCEMENTS The City Manager announced the haunted history tours on October 24, 25, and 31, sponsored by the Heritage Park and Cultural Center; and the Spooky Night hosted by the library on October 28. ADJOURNMENT There being no further business, the meeting adjourned at 10: 05 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK. ddm  CITY COUNCIL MEETING October 28, 2008 Consent Agenda Consideration of a request to accept Zylon Litigation Settlement Voucher in the amount of $ 14, 784, as full settlement of the City1s rights in the matter of Southern States Police Benevolent Association vs. First Choice Armor & Equipment Police Chief) Council Action