Fort Walton Beach Council minutes — 04-22-08 regular minutes — reading text

this stand by Council is particularly harsh for this landowner. Mr. Lorenz requested that if there is a fine reduction, that the new amount be conditioned upon payment before the case is taken to court and if it is not, the fine reduction is no longer valid. Mr. Lorenz further requested that if there is a payment agreement, that the hearing be continued and if the fine is not paid, the original amount will be sought. He also noted that Mr. Myers has stated the Bay Street property is homesteaded; the City' s position is that it is not and that will be brought up in Court. If the Bay Street property is homesteaded, the lien does not attach to his homestead and cannot be foreclosed upon, but the other properties can be. The City Attorney advised an amendment to the motion be made that states to accept staff recommendation with the release of lien conditioned upon the payment of the reduction, if that is the will of Council. Mr. Minich moved to amend the motion to include that the release of lien be conditioned upon the payment of any fine reduction. Mr. Holmes seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Pullen, and Minich in favor and Garvie opposed Miller and Hartwell absent). Mr. Garvie moved to amend the amount to $9, 700. 00, which is $ 5, 000. 00 above the cost of attorney and administrative fees, with condition that Staff would recommend quit claim of subject property to the City and the City will forgo the remaining debt and further foreclosure of other properties that are not in the city limits, and that the release of lien be conditioned upon the payment of any fine reduction. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Garvie, and Pullen in favor and Minich opposed ( Miller and Hartwell absent). Mr. Lorenz requested that Mr. Evans be required to make the payment by 4: 00 pm on Friday, April 25, 2008, to ensure that if payment is not made the reduction is void and that there is an agreement with Mr. Myers that the hearing will be continued. Mr. Minich amended the motion that Mr. Evans be required to make the payment of $ 9, 700 by 4: 00 pm on Friday, April 25, 2008. Dr. Pullen seconded motion. Mr. Garvie felt the timeline was unfair as it is difficult for anyone to get a loan for $ 10, 000 in just two days. The City Attorney advised that Mr. Myers and Mr. Evans stated they would need 30 days to make the payment. Mr. Myers stated he has been authorized by Mr. Evans to give him 30 days to pay the money and he will agree the trial be postponed, and if he does not pay the trial can be reset and the full amount of the penalties of $ 177, 200 would be sought, and the court will make the determination on what Mr. Evans pays. The City Attorney advised that is included in the current motion, and reminded Council that they are doing two different actions: 1) actually settling a litigation suit that has been ongoing for two years, and 2) authorizing the release of lien. The City Attorney stated the motion as it stands is that there would be no release of lien unless there is a payment, so that issue is taken care of. She recommended a condition upon full payment or transfer of property within 30 days be added, and that it was stated in the record that there is an agreement to continue the trial to allow 30 days.  113 Regular Council 04- 22- 08 RELEASE OF LIEN- 212 BAY STREET NW ( CONT) The Mayor confirmed that to continue the trial does not have to be part of the motion. The Mayor called for the vote on the amendment that Mr. Evans be required to make the payment of $ 9, 700. 00 by 4: 00 pm Friday, April 25, 2008, and it failed by a vote of 2 to 3 with Holmes and Reeves in favor and Garvie, Pullen, and Minich opposed ( Miller and Hartwell absent). Mr. Minich moved to amend the motion to allow Mr. Evans 30 days to make the payment of $ 9, 700. 00. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). The Mayor called for the vote on the motion, as amended, to release the lien on 212 Bay Street NW in lieu of payment of $9, 700.00 within 30 days, and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). SELECTION PROCESS FOR FINANCIAL ADVISORY SERVICES- GENERAL EMPLOYEES PENSION PLAN Consideration of a request to authorize a selection process for the Financial Advisory Services for the General Employees Pension Plan. Brandy Wunker, Interim Finance Director, reported that on January 8, 2008, City Council authorized Staff to issue an RFP to solicit proposals from qualified firms to provide financial advisory services to the Board of Trustees of the General Employees' Retirement Plan. She continued that the City has received 12 proposals, and that in order to proceed with the selection process, Staff recommends an internal committee comprised of herself, the Human Resources Director, and two members of the General Employees' Pension Advisory Committee. The committee would be responsible for reviewing the proposals, ranking the firms, conducting interviews, and providing their recommendation to Council. Ms. Wunker stated she would answer any questions Council might have. The City Manager felt compelled to share with Council that Mr. Miller asked that someone from the outside be appointed to this Committee. Mr. Minich interjected, stating there was no motion on the floor and it is not correct for the City Manager to relay the opinion of an absent councilmember. The Mayor agreed with Mr. Minich' s analysis. Mr. Minich moved to approve the Financial Advisory Services selection process as follows: an internal committee comprised of the Interim Finance Director, the Human Resources Director, and two members of the General Employees' Pension Advisory Committee who would be responsible for reviewing the proposals, ranking the firms, conducting interviews, and providing their recommendation to Council. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). SUMMER SCHEDULE FOR COUNCIL Consideration of setting a summer Council schedule. The City Manager advised that the past several years, City Council has set a vacation schedule for the summer months which typically includes canceling Council meetings and workshops to allow Staff time to finish budget preparations. She continued that the City Attorney advised it should be a Council policy decision whether or not to cancel meetings. 114 Regular Council 04- 22- 08 SUMMER SCHEDULE FOR COUNCIL The City Manager further explained that a special meeting to set the tentative millage rate might need to be held in July if the City does not receive the Certificate of Taxable Value from the tax assessor before June 30. She stated if the taxable value is received early enough, the tentative millage rate can be set at the June 24 meeting, and a special meeting in July would not be needed. Staff is requesting that Council cancel the July regular and workshop meetings; schedule the Budget Workshop beginning on Monday, Tuesday, and Wednesday, August 11- 13, and Monday through Wednesday, August 18- 20 if necessary; and schedule the Public Hearing for the Budget on September 3, 2008 at 5: 30 for the first Public Hearing, and September 17, 2008 at 5: 30 pm for the second Public hearing. Mr. Minich moved to approve the summer Council schedule as follows: cancel the July regular and workshop meetings; schedule the Budget Workshop beginning on Monday, Tuesday, and Wednesday, August 11- 13, and Monday through Wednesday, August 18- 20 if necessary; and schedule the Public Hearing for the Budget on September 3, 2008 at 5: 30 pm for the first Public Hearing, and September 17, 2008 at 5: 30 pm for the second Public hearing. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). DISCUSSION OF COUNCILMAN MILLER' S REQUEST The Mayor asked the City Attorney if Mr. Miller, who is out of town, has thoughts on issues or an item, that he can provide a point paper to Council and if they agree they can make a motion in accordance with his memo. The City Attorney responded that was correct. The Mayor asked the City Manager if she could relay that information to Mr. Miller. The City Manager advised Mr. Miller called late in the day and told him that she would relay his request to Council, but now she understands the proper channels and will ensure Mr. Miller understands as well. Mr. Minich stated he understands Council has the right to do that; however, he informed the Attorney General opinion is that you may on occasion provide a point paper but it is not recommended. Mr. Minich continued that Council must be cognizant of the Sunshine Law and noted that many times discussion occurs during a Council meeting that may cause someone to change their opinion on an issue. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment to the Code Enforcement Board The City Clerk advised that Lane Higgins did not wish to be reappointed; therefore, a vacancy existed for a three- year term, and she has applications from the two alternates currently on the Board. Dr. Pullen nominated Lewis Jennings, 605 Mooney Road, to serve on the Code Enforcement Board as a regular member for a three- year term until April 22, 2011. There were no further nominations. The Mayor called for the nomination of Lewis Jennings, 605 Mooney Road, to serve on the Code Enforcement Board as a regular member for a three-year term beginning April 22, 2008, until April 22, 2011, and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent).  115 Regular Council 04- 22- 08 CODE ENFORCEMENT BOARD APPOINTMENT ( CONT) The City Clerk informed that she will be seeking applications to serve as an alternate in lieu of the appointment of Mr. Jennings. MUNICIPAL PLANNING BOARD APPOINTMENT Consideration of appointment to the Municipal Planning Board. The City Clerk advised the term for this appointment would be from May 10, 2008, until May 10, 2012, and that the incumbent, Janet Wilson, would like to be reappointed if Council desires. Mr. Minich nominated Tim Bolduc, 128 Holmes Blvd. Dr. Pullen nominated Janet Wilson, 368 Garner Drive NE. Mr. Reeves nominated Bill Walter, 320 Smith Drive, Fort Walton Beach The Mayor advised the nominations will be voted on in alphabetical order. The Mayor called for the vote on the nomination of Tim Bolduc, 128