Fort Walton Beach Council minutes — 04-28-09 regular minutes — reading text

REDEVELOPMENT AGENCY BOARD; AND SETTING AN EFFECTIVE DATE.  169 Regular Council 4 -28 -09 ORD. 1795 (CONT) The City Attorney explained this ordinance will make the section of the Code regarding the CRA consistent with other board provisions and with state statutes by inserting the proper language regarding residency. She continued it will also enable citizens to more easily determine if they meet the residency requirements for membership on the CRA. r Mr. Garvie expressed his confusion over the verbiage that `members may be a resident of the City. . . .' and questioned whether the verbiage should read ` must be.' The City Attorney advised it is in Council' s purview to change the verbiage if they so desire, but that state statutes says that a person may be appointed commissioner if he or she resides or is engaged in business. The Mayor asked for public input. Mike Minich, 106 Waynell Circle, clarified that the City Attorney advised that State statute requires an individual to be either a resident or doing business within the City, and stated that much of the CRA is in the downtown business district and people should be either businesspersons or residents and should not be required to be a resident and exclude businesspersons, in his opinion, and encouraged Council not to change the ordinance. There was no one else who wished to speak. Mr. Miller suggested that verbiage be added under Sec. 2. 06. 01, Establishment, that a member shall be a resident of the United States of America as well as a resident of the City, or persons engaged in business within the City limits, for at least 365 consecutive days. The City Attorney objected as being completely legally insufficient because the statute controls the membership of the CRA, and all the ordinance is intended to do is simply track the statutory language into the code so it is in a convenient place, and the statutory requirement of the membership cannot be changed, exceeded, or otherwise altered. Mr. Garvie moved to amend Ord. 1795 to change the verbiage ` Member may be a resident of the City...' to `Members must be a resident of the City....' to Section 2. 06. 01, Establishment. Mr. Miller seconded motion and it failed by a vote of 2 to 4 with Miller and Garvie in favor and Holmes, Reeves, Nabors, and Patterson opposed ( Rynearson absent). FUTURE ORDINANCE —ALCOHOL SALES Discussion regarding a future ordinance amending terms and conditions for alcohol sales. The City Attorney presented a power point presentation and discussed a draft ordinance to correct an ambiguity as well as how this issue came up, the portion of the Florida Administrative Code that illustrates licensing criteria, three licenses held for locations with the City that may be affected by any changes Council may make, and a piece of case law regarding the City's authority to regulate this matter. The Mayor asked for public input. Gil Osterloh of Beverage Law Professionals, and a consultant and lobbyist for the alcoholic beverage industry, thanked Council for their decision to review the current ordinance, and to come up with a favorable ordinance that all retailers can abide by. Mr. Osterloh also noted allowing alcohol sales in businesses on Sunday will help the economy in the City, as customers will not have to go to a neighboring municipality to purchase alcohol. VO Regular Council 4 -28 -09 ALCOHOL SALE ORDINANCE ( CONT) Mike Minich, 106 Waynell Circle, stated that public input will be an important part on the development of an ordinance. There was no one else who wished to speak Consensus of Council was that the current ordinance regarding sales of alcohol needs to be reviewed and updated, and for the City Manager to work with the City Attorney to bring an ordinance forward at a future date. SUMMER VACATION SCHEDULE Discussion regarding an agenda item to create a summer vacation schedule The City Clerk advised that over the last several years, the City Council has set a vacation schedule during the month of July to allow Staff to finish budget preparations, and that Staff is requesting the two regularly scheduled meetings in July to be cancelled. Mr. Reeves moved to approve the month of July as summer vacation and cancel the July 14th 28th and July regular Council meetings. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor Rynearson absent). NOMINATIONS FOR FLOC AWARDS PROGRAM Consideration of nominations for the Florida League of Cities Annual Award Program. Cam Johnson, Public Information Officer, explained that in 2004 the Florida League of Cities FLOC) started the Cities of Excellence Awards program with 10 categories and that the City has had several finalists and a winner during this time. This year, the League has changed the program to the Florida Municipal Achievement Awards program with only three categories, the City Spirit Award, the Florida Citizenship Award, and the Environmental Stewardship Award. Mr. Johnson said if Council had any nominations they wished to enter, he would do the write up which is due to the League by June 1. Mr. Johnson advised some of the programs /projects for Council to consider include the Wastewater Treatment Plant Interlocal Agreement with the County for the City Spirit Award; the Neighborhood Partnership Program or the FWB TV Channel for the Citizenship Award; and the Stormwater Division/Water Quality Initiatives for the Environmental Stewardship Award. The Mayor asked for public input. Mike Minich, 106 Waynell Circle, offered the Front Porch Program in the Lovejoy area for the Florida Citizenship Award. Mr. Johnson agreed that is a program worth consideration. There was no one else who wished to speak. Mr. Patterson moved to nominate the Wastewater Treatment Plant Interlocal Agreement with Okaloosa County for the City Spirit Award. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor Rynearson absent). Suggestions by Council included the Musical Echoes Flute Festival and support of the F -35; however, while these are excellent suggestions they cannot be incorporated as they are not City projects or programs.  171 Regular Council 4 -28 -09 FLOC NOMINATIONS ( CONT) Mr. Miller moved to nominate the Front Porch Program. Missy McKim, Development Services Director, explained the designation has been in the Sylvania Heights area which is in the County, but she has recently been notified that the program has been extended to include WE Combs in the City limits, and that no Front Porch activities have occurred in the City at this time, but is something that can be considered in the future. Discussion included the inclusion of the 11 neighborhoods in the City as a whole and that it would carry a lot more weight. Mr. Holmes moved to nominate the Great Neighborhood Partnership Program for the Florida Citizenship Award. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor (Rynearson absent). Mr. Garvie moved to nominate the Stormwater Division/Water Quality Initiative for the Environmental Stewardship Award. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor Rynearson absent). PENSION PLAN TRAINING Request to schedule workshop on May 26, 2009 at 5 pm, for pension plan training. Brandy Wunker, Finance Director, advised a workshop is being requested on May 26 at 5 pm before the regular Council meeting, with Joe Bogdahn from the Bogdahn group conducting the pension plan training. Ms. Wunker advised the training will last about 45 minutes and will include an overview of the investment plan and assist Council in understanding the quarterly financial report for the plan. The Mayor asked for public input. There was none. Mr.Reeves moved to schedule a workshop on Tuesday, May 26, 2009, at 5 pm for Pension Plan Training. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Patterson in favor (Rynearson absent). TELECOMMUNICATIONS LEASE —ADDITION OF ANTENNA Request City Council authorization for the City Manager to execute an amendment to the Telecommunications Lease, MT -302T, by and between the City of Fort Walton Beach and Powertel /Memphis, Inc. for the addition of one ( 1) antenna set and ancillary equipment upon and around the City's elevated water storage tank located at 623 Anchors Street. John Hofstad, Utilities Director, explained the item amends the existing lease the City has with Powertel /Memphis, the agent for T- Mobil, which dates back to 1997, and they have requested they be allowed to install another set of antennas on the tank to increase their coverage locally at a cost of $ 4,697.69 annually in addition to the current annual rate for the existing equipment on site. Mr. Hofstad stated the existing lease has provisions that addresses this, and will extend the lease until the expiration date of 2012. The Mayor asked for public input. 172 Regular Council 4 -28 -09 TELECOMMUNICATIONS LEASE (CONT) Joe Gentilozzi, 706 Mayflower, stated he is employed by MBI Properties and was asked to stay close to this matter, and questioned the NEXUS test. The City Manager explained the NEXUS refers to whether a not for profit entity provides a public service that the City otherwise would have to provide, so therefore they would get less of a rental rate because if they did not provide the service the City would have to. Mr. Gentilozzi stated his feeling that the City should consider marketing some of the properties to get the true value from the organizations leasing the property or buildings. There was no one else who wished to speak. Mr. Garvie moved to authorize the City Manager to execute an amendment to the Telecommunications Lease, MT -302T, by and between the City of Fort Walton Beach and Powertel /Memphis, Inc. for the addition of one ( 1) antenna set and ancillary equipment upon and around the City' s elevated water storage tank located at 623 Anchors Street. Mr. Reeves seconded motion. Mr. Nabors expressed his concern regarding the different lease rates the City charges and that he could not support this motion. The Mayor called for the vote on the motion and it carried by a vote of 5 to 1 with Holmes, Miller, Reeves, Garvie, and Patterson in favor and Nabors opposed ( Rynearson absent). SISTER CITY PROCLAMATION The Mayor advised the proposed proclamation is in support of a joint Sister City relationship with Kristinehamn in Sweden, and if approved will be forwarded to Kristinehamn for their review and signature. The Mayor