Fort Walton Beach Council agenda — 09-11-2007 regular agenda — reading text

the City could hot follow through with certain program or initiatives the Committee may bring forward. The City Attorney clarified that the City could indeed force the Committee to become 501- 3C by not continuing the two committees, and it would be up to a citizen or someone to take up that role. Also, the City Manager informed this resolution is narrowly drawn on the purpose, which is to implement and recommend funding for the projects that are already in the two plans that have been created. Therefore, there should not be a lot of initiatives because there are already two plans and they would set out which areas of the City are addressed. Glenda Glover, 115 Waynell Circle, noted the difficulty of a 501- C3 Committee and understands their reluctance, and does not encourage a committee of the City to become a 501 C3. She was also advised that members would have to be reappointed by Council if a new committee were established. Will Corbin, 200 West and representing the Water' s Edge Ad- Hoc Committee of which he is a member, stressed the importance of the Committee and asked Council to support them and the momentum it represents; that they are pushing for action and are willing to bear the burden of the committee. Dr. Pullen moved to adopt Res. 07- 18 with a change in Section 3 that each member will serve on the Committee for a term of fqur years, and in Section 5 to delete the words each month' and have the first sentence to end after the word Committee. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor (Reeves absent). Council expressed support for the Committee continuing, but also had concerns about the workload on Staff and the need to maintain the Neighborhood Program, and encouraged the Committee to do as much as possible on their own. IMPACT FEE RECONNAISSANCE STUDY- TISCHLER- BISE INC. Request authorization to negotiate with the top- ranked firm, Tischler- Bise Incorporated of Bethesda, Maryland to evaluate and implement an Impact Fee Reconnaissance Study ( RFP 07- 120) and to update Water and Sewer Impact fees, for a total cost not to exceed $ 38,200. If approved, a budget amendment will be prepared and submitted for Council approval. The Utilities Director informed this is an ongoing directive from Council to explore additional impact fees in addition to the present water/sewer impact fees, and that the RFP process has ~ been completed and the firm of Tischler-Bise is Staff' s recommendation. He advised this firm offered the recommendation of an Initial Phase Impact Fee Reconnaissance, or feasibility study, be performed to evaluate the need for additional impact fees, which would cost $ 8, 500. 00, and that Staff recommended doing the study. - The Utilities Director advised Staff further recommends proceeding with updating the current impact fees for water and sewer at a cost of $27,700. 00, at a not to exceed cost of $ 38, 200. 00 for both the study and the updating of current impact fees. Discussion ensued regarding the reason for choosing a firm out of Bethesda, Maryland, was that this firm had the best qualifications and they offered the reconnaissance study.  113 Regular Council Meeting 8/28/ 07 IMPACT FEE STUDY ( CONT) Discussion included that impact fees are evaluated on the appropriateness of the City' s current state of development and future development, and the study will help determine if it is feasible to implement additional impact fees, and that an outside expert can establish the fees and be prepared to defend them legally for the City if the need ever arose. Glenda Glover, 115 Waynell Circle, asked how long it would take to recoup almost $ 40, 000 for another study in impact fees and was advised it would depend on the rates and how much development there is. Dr. Pullen moved to negotiate with the top- ranked firm, Tischler- Bise Incorporated of Bethesda, Maryland, to evaluate and implement Option 1, to perform an Impact Fee Reconnaissance Study ( RFP 07~120) at a cost of $8, 500; and Option 2, to update Water and Sewer Impact Fees at a cost of $ 29, 700; not to exceed the total quoted amount of 38, 200. 00. Mr. Hartwell seconded motion. Council discussed the pros and cons of impact fees and the need for a feasibility study to evaluate these fees. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Holmes, Anderson, Pullen, and Hartwell in favor and Miller, Garvie, and Minich opposed ( Reeves absent). ~, RECESS The meeting recessed at 9: 45 p. m. RECONVENE The meeting reconvened at 9: 55 p. m. GOLF CLUB FEES Consideration of implementing Golf Club Fees effective immediately. Mr. Miller moved to suspend Roberts Rules of Order for discussion on this item. Mr. Hartwell seconded motion and it carried by a vote of 5 to 1 with Holmes, Miller, Garvie, Pullen, and Hartwell in favor and Minich opposed ( Reeves absent). Mr. Miller stated he was under the impression that the new fee structure at the golf course, as recommended by the Golf Club Administrator at the August 13 Council meeting on the budget, was to take effectimmediately to take advantage of the rest of the summer. Mr. Miller stated he sees no reason why the new fees should not be implemented to test them out the last month of the current fiscal year. Mr. Miller was advised the fee structure was voted on as part of the budget which is effective October 1, and that the rate change at the golf course is not effective until June 1, 2008. Mr. Garvie stated he was under the same impression that the fees would be implemented immediately. The City Manager explained these fees are part of a comprehensive fee schedule, and in order to change the schedule immediately, a resolution would need to be done and it cannot be done just by a motion. She further informed that Council could direct Staff to bring them forward, but it would have to be done during the Budget Hearing of September 5 when the Comprehensive Schedule will be brought forward and voted on, and a separate resolution would have to be done whereby these particular fees could be made effective immediately upon adoption. 114 Regular Council Meeting 8/ 28/ 07 GOLF CLUB FEES ( CONT) She stressed however, that it would take Staff some time to make the changes in the City' s computer system, and any kind of effect for the golf course itself would be only 15 or 20 days. The City Attorney reported that the information provided by the Golf Club Administrator at the August 13 meeting is additional rates, and not changes to the current rates, and that is an entirely different issue than looking at an increase in current rates. She noted these rates are a ~ " significant change as to what has been presented and that the fee resolution will be complex. She advised a resolution to implement fees has to be done, and cannot be delegated to the Golf Club Administrator. Discussion ensued as to how much it would benefit the Golf Club if the proposed special rates were implemented at the September 5 meeting. Dave Jenzen, Information Technologies ( IT) Director advised it would take at least 5 to 10 working days to implement the changes into the system, which would be two weeks or perhaps less. Mr. Jenzen explained that when the fee resolution is adopted on September 5, Staff begins the implementing of new fees immediately, having the remainder of September to do so, so that when October 1 arrives, everything is in place for the changes to be in effect. Jim Frazier, Golf Club Administrator, stated his feeling the changes should be made as soon as possible to permit the special rates, and informed many of the golfers have already asked when the rates will be implemented. Further discussion included having the rates changed in the computer prior to September 5 and when the resolution is approved, the rates would be ready to implement. The City Manager stated that is not a good idea, and expressed concern that she would be taking action on something not approved by Council, and that Council could always change their minds come September 5. Mr. Miller moved to direct Staff to bring back a resolution at the September 5, 2007 Council budget hearing, to be implemented immediately, that addresses Golf Club fees. The City Attorney advised that resolution would have to be noticed as an item on the agenda as a change to the fee structure, and that it would need to be a separate resolution that addresses only Golf Club fees. Mr. Miller withdrew his motion. No further action was taken on this item. DISCUSSION OF FAIRGROUNDS SALE Discussion of the signing of Fairgrounds sale with the County. Mr. Miller moved to suspend Roberts Rules of Order for discussion on this item. Mr. Hartwell seconded motion and it carried by a vote of 5 to 1 with Holmes, Miller, Garvie, Pullen, and Hartwell in favor and Minich opposed ( Reeves absent). Mr. Miller questioned what.will occur at the closing of the fairgrounds property on August 20. The City Attorney explained the sale of the property to the County by the City already has been authorized through the Interlocal Agreement, and that the closing will be the exchange of the deed and the check for the sale. She advised the County has already cut checks and satisfied their portion of the closing, and the City will be signing the document along with the County on the 30th, and that will be the conclusion of that part of the interlocal agreement.  115 Regular Council Meeting 8/28/ 07 FAIRGROUNDS SALE DISCUSSION ( CONT) Mr. Miller read the following into the record stating his reasons why he does not like the proposed sale of the 16. 3 acres to Okaloosa County: 1. I don' t like the proposed plat of the 16. 3 acres. a. This precise acreage was never appraised in either of the two independent appraisals. b. The proposed plat isolates the remaining city property from Lewis Turner Blvd. 1 c. d. It destroys one softball field and reduces the playground by nearly 50%. It destroys the long- used Farmers' Market pavilion and its continued use. J City would lose future revenue gained from the lease of the open grounds (west side). e. f. It severely decreases the available parking for the fairgrounds- no mention of future available spaces was included in the interlocal agreement. g. The 16. 3 acres was predicated on the use of holding ponds for storm water in lieu of the percolation method being proposed and imposed for other new developments in the city. h. It severely restricts the disaster capability of the fairgrounds/ city complex. Higher government officials are looking at our complex as a regional disaster relief facility. We have air conditioned covered facilities, water, sewer, parking, fenced perimeter, and controlled access- to mention a few pertinent features. 2. Although I don' t like