Fort Walton Beach Council minutes — 10-12-10 regular — reading text

255 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 12, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 12, 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, Mike Minich, Bobby Nabors, Bull Rigdon, and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Hayward Dykes, Jr., 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 Rev. Roger Peadro, First Christian Church, gave the Invocation and youth from the Church led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Minich seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. APPROVAL OF MINUTES To approve minutes of the Special Meeting of September 21, Special Meeting of September 22, and Regular Meeting of September 28, 2010. AUDITOR AGREEMENT To authorize the City Manager to execute the agreement with O' Sullivan Creel for a five -year term in the amount of $51, 984. 00. COX BUSINESS SERVICE To authorize the City Manager to sign the Cox Business Services one -year contract for Internet service. VERIZON WIRELESS SERVICE To authorize the City Manager to approve the purchase of services from Verizon Wireless at State contract pricing. 256 Regular Meeting 10/ 12/ 10 ORD. 1826, ASSISTANT CITY CLERK The City Attorney read the ordinance by title on second reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH REPEALING ORDINANCE 608 DATED AUGUST 13, 1974; AUTHORIZING THE CITY CLERK TO DESIGNATE A TEMPORARY ASSISTANT CITY CLERK; AND ESTABLISHING AN EFFECTIVE DATE. The City Clerk advised there were no changes since first reading. The Mayor opened the public hearing. There was none. Mr. Holmes moved to adopt Ord. Mr. Reeves seconded motion and it 1826 on second reading. carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. ORD. 1838, LOCAL VENDOR PREFERENCE The City Attorney read the ordinance by title on second reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; REPEALING SECTION 4. 01. 024, LOCAL MERCHANT PREFERENCE, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. The City Manager explained the current ordinance regarding local merchant preference is vague and in an effort to clarify the language, the Purchasing Administrative Policy has been revised and the local vendor preference criteria will be more appropriately defined. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. Ord. 1838 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. APPOINTMENT —HISTORIC SITES AND STRUCTURES BOARD Consideration of appointment to the Historic Sites and Structures Advisory Board. The City Clerk advised Katy Krueger will serve a four -year term if re- appointed by Council. Mr. Minich nominated Katy Krueger, 14 First Street, Fort Walton Beach, to the Historic Sites and Structures Advisory Board for a four -year term from October 12, 2010 until October 12, 2014. As there were no further nominations, the Mayor called for the vote on the nomination and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. REQUEST TO REJECT OPTION The City Manager explained that Douglas Henderson, owner of Henderson Electric, desires to transfer ownership of property located at 648 Anchors Street from him and his wife to his company, Henderson Electric, Inc. The City Manager continued the City has no use for the property; would lose substantial revenue if it were to purchase the property; and there are no funds budgeted for such a purchase. He informed it is the City' s recommendation that Council not exercise its option to purchase the property and allow the transfer.  257 Regular Meeting:.: 10/ 12/ 10 REQUEST TO REJECT OPTION (CONT) The City Manager also discussed whether or not Council desires to keep the right of first option to purchase in any future deeds. The City Attorney advised his opinion there is no legal basis to keep the option in subsequent deeds; the City could ask for it but the owners could refuse. The City Manager explained the property has always been in the Henderson family and each time there was a transfer the option was written into the deed, but he could not explain why it was included in the first place. The Mayor asked for public input. There was none. Mr. Nabors moved to forfeit the first option to purchase the property at 648 Anchors Street. Mr. Holmes seconded motion. Mr. Minich amended the motion to eliminate the option to purchase from future deeds. Mr. Reeves accepted the amendment. The Mayor called for the vote on the amendment and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. The Mayor called for the vote on the motion, as amended, and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. BARBER LAWSUIT SETTLEMENT AGREEMENT The City Manager advised a sewer line that was placed across the middle of the property located at 103 Alabama Avenue in 1960 was never recorded, although there was an easement supporting the sewer line. He explained the series of events beginning in 2008 when the Barber Construction Company applied for a building permit to construct a single family home on the property, including the recording of the easement in 2009 and the Barbers initiating a suit against the City in 2009 to remove the sewer line entirely. After discussion the City requested and received the conveyance of a 10 -foot easement from the owners of the Bel -Air Shopping Center at 62 -68 Beal Parkway to enable the City to connect the other properties on the east side of Alabama Avenue to a new line. The owners agreed to a purchase price for the easement and installation was to begin pending settlement of this matter. However, the City Manager informed that within the last few days the Barbers placed a concrete pad over the pipe, and to address the situation, the City Attorney called the attorneys for the Barbers who agreed to leave the pipe in place and they would remove it at their expense. Therefore, the City no longer has to remove the pipe as stated in the settlement agreement. The City Manager informed that settlement of the sewer easement lawsuit requires payment of $15, 000 to the Barbers; execution of a Quit Claim Deed; and acceptance of a Grant of Easement. Discussion included future liability; the City Attorney stated in his opinion he didn' t see any future liability for the City unless some sort of negligence was found on the part of the City. The Mayor asked for public input. There was none. 258 Regular Meeting 10/ 12/ 10 BARBER LAWSUIT SETTLEMENT (CONT) Mr. Reeves moved that the City Council accept the Settlement Agreement in the amount of $15, 000; to accept the Grant of Easement; and grant the Quit Claim Deed. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. PLAYGROUND GEM AND MINERAL SOCIETY LEASE The City Manager reported that in October of last year the City Council considered the renewal of several leases, including that of the Playground Gem and Mineral Society. The Society was requested to return to Council in a year and provide quantitative data as to the number of people in the Society, the number of transient visits, and the number of civic /community shows or educational programs. The City Manager advised the Society has 51 members with an average of 35 members at each meeting; displays are available at various locations throughout the City; presentations are made to Boy and Girls Scout Troops and school classes, and Outreach activities include programs and presentations to various organizations. The City Manager stated it appears the Playground Gem and Mineral Society has provided the requested information and requests their lease be extended for five years with a five -yeas- option to be consistent with the other leases of the former City Hall. The Mayor asked for public input. Dale Engler, 24 Pryor Road, advised that approximately % of the members are residents of the City. There was no additional public input. Mr. Minich moved to extend the lease for the Playground Gem and Mineral Society for five years with a five -year option. Mr. Rigdon seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. MAYOR/COUNCIL COMMENTS The Mayor announced he attended the Gulf Power Symposium where discussion included the need for economic diversity in the area; attended the legislative policy committee meeting and there will be no costs associated with legislative priorities; attended a ceremony for the opening of the Bud Day Highway in Valparaiso; the OCLOC Dinner this coming Thursday; and Government Week next week with an employee appreciation luncheon on Wednesday. ADJOURNMENT There being no further business, the meeting adjourned at 6: 27 pm. APPROVED: • i ` ' MAYOR: ATTEST: CITY CLERK lve Date Completed: 10/ 13/ 10