Fort Walton Beach Council minutes — 03-09-2010 regular — reading text

103 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 9, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 9, 2010, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bobby Nabors, Bill Patterson, and Dick Rynearson Absent: Bill Garvie Seat 2 - Vacant 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 Michael Thorne, Abundant Life Church, gave the Invocation and the Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda Item. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). APPROVAL OF MINUTES Approval of minutes of Special Meeting on February 23, 2010, and Regular Meeting on February 23, 2010. PUBLIC COMMENTS Erik Stenberg of the Fort Walton Beach Tennis Center discussed the Women' s Challenger tennis tournament 13th opening Saturday, March through March 21 st, and encouraged everyone to attend. RES. 2010 -8 - BUDGET TRANSFER TO EXPEND CRA FUNDS FOR 25 MIRACLE STRIP PARKWAY The Mayor read the resolution by title. 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 APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The City Manager explained the resolution appropriates funding to demolish the structures at 25 Miracle Strip Parkway SW and to pay back taxes on the property the City obtained through foreclosure in 2009. He mentioned staff's concern about potential contamination caused by the underground storage tanks. 104 Regular Council 3 -9 -10 RES. 2010 -8 cont. The City Manager reported through a series of negotiations the U.S. Environmental Protection Agency ( EPA) agreed to remove the tanks and perform a Phase II Environmental Audit. He said prior to EPA performing the work the structures need to be demolished, then once the property is converted into a usable piece of property it can be sold for construction of a facility that will create jobs in the community. He advised the CRA approved to support the project and voted to provide CRA funding in the amount of $35, 000 to cover the cost of the demolition of approximately $ 10, 000 and the back taxes of approximately $ 25, 000. 00. The Mayor opened the floor for public input. There was none. Mr. Rynearson moved to adopt Res. 2010 -8. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1820 - AMEND BASES OF MONTHLY CHARGES FOR WATER SUPPLY The City Attorney read the ordinance on first reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 10. 52. 04, BASES OF CHARGES FOR CITY WATER SUPPLY, OF THE CODE OF ORDINANCES TO CORRECT AUTHORITY FOR MINIMUM FEE FOR 2, 000 GALLONS; AND PROVIDING AN EFFECTIVE DATE. The Finance Director explained the ordinance corrects the Code to reflect current billing practices and on March 23rd a resolution will be presented to amend the Comprehensive Fee Schedule for the water and sewer rates. The Mayor opened the public hearing. There was none. Mr. Nabors moved to adopt Ord. 1820 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1824 - AMENDS CEMETERY COST The City Attorney read the ordinance on first reading by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 10. 10. 15, ENTITLED COST, PAYMENT FOR LOTS, CRYPTS, NICHES, OF THE CODE OF ORDINANCES BY ADDING SECTION 10. 10. 15. 1 ENTITLED " EXEMPTION FOR CERTAIN PERSONS;"DEFINING ELIGIBILITY; PROVIDING FOR VERIFICATION OF STATUS; PROVIDING FOR ASSIGNMENT OF CEMETERY PLOT OR WALL NICHE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Manager advised at the February 23, 2010 Council meeting, staff was directed to prepare an ordinance to provide no cost burial services in either the Beal Memorial or Brooks Cemetery new addition, for City police and firefighters, and City residents who are members of the Armed Forces that are killed in action. Discussion included the addition of the Guard and Reserves to the ordinance. The City Attorney recommended the verbiage " and any active duty, reserve or guard member" be added to Line 42 to include members of the Guard and Reserves, and that the motion include the addition of the verbiage. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1824, as amended on first reading to include the verbiage " and any active duty, reserve or guard member" to Line 42. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent).  105 Regular Council 3 -9 -10 PUBLIC HEARING: ORD. 1821 - AMENDS STORMWATER UTILITY FEE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised a minor revision has been made since first reading, to delete the verbiage " and having a water meter" from line 48. The Mayor opened the public hearing. There was none. Mr. Holmes moved to adopt Ord. 1821, as amended on second reading with the language " and having a water meter" deleted from Line 48. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). Mr. Rynearson moved to authorize the City Manager to proceed with the determination of the user fee overage for individual properties and to begin to process credits to the utility accounts for the overages. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1822 - AMENDS MUNICIPAL PLANNING BOARD MEETING TIME The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A 5: 30 P. M. MEETING TIME OF THE MUNICIPAL PLANNING BOARD AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1822 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). PUBLIC HEARING: ORD. 1823 - AMENDS TEMPORARY AND SPECIAL EVENTS PERMITTING PROCEDURE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES TO ALLOW CERTAIN TEMPORARY BUSINESS ENDEAVORS AND EVENTS ON PUBLIC AND PRIVATE PROPERTY, CITY, COUNTY, AND STATE RIGHTS OF WAY, AND OTHER LANDS; AND TO ESTABLISH EVENT PERMITTING PROCEDURES FOR SUCH ACTIVITIES; AMENDING CHAPTER 7, LEISURE & RECREATION SERVICES AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES FOR CONSISTENCY WITH EVENT PERMITTING PROCEDURES OF CHAPTER 8; PROVIDING FOR CONFLICT AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1823 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Seat 2 vacant, Garvie absent). 106 Regular Council 3 -9 -10 FORT WALTON BEACH HOUSING AUTHORITY APPOINTMENT Consideration of Mayor' s appointment to the Fort Walton Beach Housing Authority. Mr. Holmes moved to approve the Mayor' s appointment of Pat Thornber, 342 Holmes, Blvd., Fort Walton Beach, to the Fort Walton Beach Housing Authority for a four -year term from March 9, 2010 until March 9, 2014. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment of an alternate to the Code Enforcement Board. The City Clerk stated there is one application on file for the alternate position on the Code Enforcement Board. Mr. Reeves nominated Phillip Rose, 9 Pryor Road SE, Fort Walton Beach, to the alternate position on the Code Enforcement Board for a three -year term until March 9, 2013. As there were no further nominations, the Mayor called for the vote on the nomination of Phillip Rose and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). RES. 2010 -7 - AMEND CITY COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title. RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE A SCHEDULE OF THE CITY FOR STORMWATER UTILITY FEES; AND COMPREHENSIVE FEE SETTING AN EFFECTIVE DATE. The Finance Director explained the resolution amends the Stormwater Utility Fees in the Comprehensive Fee Schedule to account for a revision in the calculation of the Equivalent Residential Unit as stated in Ord. 1821. The Mayor opened the floor for public input. There was none. Mr. Holmes moved to adopt Res. 2010 -7. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (Seat 2 vacant, Garvie absent). NOMINATIONS FOR COUNCIL SEAT 2 Nominations for appointment to fill vacant City Council Seat 2. The Mayor read from the Charter the requirements for filling the