Fort Walton Beach Council agenda — 08-25-2009 executive — reading text

AGENDA CITY OF FORT WALTON BEACH EXECUTIVE MEETING August 25, 2009 5: 00 pm CALL TO ORDER 1. RECESS CITY COUNCIL MEETING 2. CONVENE EXECUTIVE SESSION 2. 1 Regarding: Barber Construction Company, Inc., a Georgia Corporation, Plaintiff v. City of Fort Walton Beach, a Political Subdivision of the State of Florida, Defendants; Circuit Court in and for Okaloosa County, Florida; Case No. 09 -CA -3822. ( City Attorney) 3. CLOSE EXECUTIVE SESSION 4. RECONVENE CITY COUNCIL MEETING 4. 1 Motion on Attorneys Recommendation - Authorize the City Manager and Insurance Defense Counsel to negotiate settlement with Barber Construction and to initiate process to obtain easements from property owners affected by the Alabama Avenue easement. ADJOURNMENT Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ( Chapter 286.0105 F.S.) The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850 -833- 9509 to make a request. For Hearing Impaired dial the City Hall TDD # 850- 833 -9925 or 1- 800 -955- 8771 ( TDD) or 1- 800 -955 -8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service. City Council Executive Session August 25, 2009  CITY COUNCIL EXECUTIVE SESSION August 25. 2009 Meeting Agenda Recess City Council Meeting Agenda Item Number: 1  CITY COUNCIL EXECUTIVE SESSION August 25. 2009 Meeting Agenda Convene Executive Session Barber Construction Company V. City of Fort Walton Beach Agenda Item Number: 2. 1 THE CITY MANAGER ADVISED THAT THE PANEL DISCUSSED A VARIETY OF ISSUES AT THEIR FIRST MEETING AND ARE VERY ENTHUSIASTIC, AND THEY ARE PROPOSING TO DISCUSS AT FUTURE MEETINGS THE PERMITTING PROCESS. THE MEETINGS WILL BE HELD THE LAST THURSDAY OF EACH MONTH UNTIL THE END OF DECEMBER OR JANUARY. THE CITY MANAGER FURTHER EXPLAINED HE RECEIVED A COUNCIL REQUEST TO REVISIT THE GOLF COURSE AUDIT THAT WAS DISCUSSED DURING BUDGET ON A FUTURE AGENDA, AND ADVISED HE WOULD PLACE IT ON THE AUGUST 25, 2009 COUNCIL AGENDA. 10. CITY ATTORNEY REPORTS THE CITY ATTORNEY ADVISED AN EXECUTIVE SESSION IS NEEDED TO DISCUSS THE LAWSUIT BARBER V. FORT WALTON, OKALOOSA COUNTY COURT CASE 2009 -CA -3822 ON AUGUST 25, 2009, AT 5: 00 P.M. 11. MAYOR/COUNCIL COMMENTS MR. MILLER ADVISED HE WOULD LIKE COUNCIL TO REVISIT THE BUDGET TO DISCUSS REVENUES AS HE FEELS THEY WERE NOT ADEQUATELY DISCUSSED DURING THE BUDGET HEARINGS AND WOULD LIKE TO ENSURE THAT THE PUBLIC UNDERSTANDS WHERE THE FUNDING COMES FROM. MR. MILLER ALSO DISCUSSED AN ARTICLE HE READ REGARDING POLICE AND FIRE RETIREMENT PLANS AND THAT STAFF SHOULD LOOK AT THESE TWO RETIREMENT PLANS AND DISCUSS THE PLANS IN THE FUTURE. MR. REEVES NOTED THAT COUNCIL SPENT OVER 5 HOURS PAINSTAKINGLY REVIEWING THE BUDGET, THAT EVERYONE HAD THE SAME INFORMATION AND REVENUES AS WELL AS EXPENDITURES WERE DISCUSSED. HE NOTED THE INFORMATION WAS PUBLISHED ON -LINE FOR THE PUBLIC TO REVIEW. MR. REEVES STATED HIS FEELING THAT THERE IS NO NEED TO KEEP REHASHING ISSUES OVER AND OVER THAT HAVE ALREADY BEEN DISCUSSED AND VOTED ON BY COUNCIL. MR. GARVIE DISCUSSED THE EFFORTS BEING TAKEN BY HABITAT FOR HUMANITY TO ASSIST THE LOW INCOME FIND HOUSING; THE HOUSING AUTHORITY FOR THE STATE IS HAVING THEIR ANNUAL MEETING IN SAN DESTIN AND HE WILL BE GIVING THE OPENING ADDRESS; THE EDUCATIONAL SUMMIT BEING HELD BY STRIVING FOR PERFECTION NEXT SATURDAY FOR MINORITY CHILDREN IN THE LOWER PART OF THEIR CLASS; AND THAT HE ATTENDED THE ANNUAL MEETING OF PAWS AND THAT HE RECEIVED VALUABLE INFORMATION ABOUT PAWS. MR. NABORS ADVISED HE DID NOT APPRECIATE COUNCILMEN SPECULATING HIS UNDERSTANDING OF ITEMS ON AN AGENDA, AND IF HE HAS QUESTIONS HE WILL ADDRESS THEM BEFORE DISCUSSING WITH THE COUNCIL. MR. PATTERSON REQUESTED THAT AN ITEM BE PLACED ON A FUTURE AGENDA TO ADDRESS THE PROBLEM OF PANHANDLING. MR. PATTERSON ADVISED THAT THE NORTHWEST FLORIDA REMOTE CONTROL FLYER ASSOCIATION RAISED OVER 5, 000 FOR THE WOUNDED WARRIOR PROJECT. to I s r IN THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY, FLORIDA BARBER CONSTRUCTION COMPANY INC., a Georgia Corporation Plaintiff, u Case No. 09 -CA- m4c_ CITY OF FORT WALTON BEACH, a Political Subdivision of the State of Florida Defendants. 1 r 1, LI COMPLAINT COMES NOW, the Plaintiff, BARBER CONSTRUCTION COMPANY, INC., a Georgia Corporation, sues Defendant, CITY OF FORT WALTON BEACH, and alleges: 1. This is an action for ejectment to recover possession of certain real property located in Okaloosa County, Florida, more particularly described as: LOT 17, BLOCK 1, PINEHURST SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN PLAT BOOK 2, AT PAGE 31, IN THE OFFICE OF THE CLERK OF CIRCUIT COURT, OKALOOSA COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 33 FEET THEREOF. 2. Plaintiff also seeks to recover damages resulting from Defendant's wrongfid withholding of possession of the above -described premises. 3. Plaintiff is a Georgia corporation authorized to do business sin the state of Florida as Barber Custom Builders, Inc., having as its principal place of business in Okaloosa County, Florida. 4. Defendant is a political subdivision of the State of Florida located in Okaloosa County, Florida. 5. At all times mentioned, Plaintiff was the owner in fee simple and entitled to the possession of the above -described property. 6. Defendant unlawfully entered into possession of the above -described property and, without right or authority of law, ousted Plaintiff from such use and enjoyment of the property, by the instillation and use of an undisclosed sewer easement line. 7. Plaintiff has made demand upon Defendant to remove the sewer line from said real property and to otherwise vacate and remove itself from the premises but has failed to do so. 8. Plaintiff has been damaged in that it has been unable to use the real property for its intended purpose, which was the construction of a single family home and the subsequent sale thereof. This delay has caused monetary and pecuniary damages to the Plaintiff along with the loss of income and the cost of interest accruing thereon. 9. Plaintiff obtained its title by virtue of a warranty deed recorded on September 12, 2008 in Official Records Book 2858, Page 1399, Public Records of Okaloosa County, Florida. 10. A search of the public records prior to acquiring title of the subject property reflected that the City of Fort Walton Beach did not have a recorded easement for the purpose of installing sewer lines and therefore Plaintiffs title is superior to any claim of right title or interest in and to the property by the Defendant. Therefore, the Defendant should be ejected from the property and should pay unto the Plaintiff damages resulting from its unauthorized occupation thereof. x WHEREFORE, Plaintiff requests judgment against Defendant restoring Plaintiff to the possession of the above -described property, together with the entry of a judgment awarding damages to the Plaintiff, together with costs of suit, and such other and further relief as the court may deem proper. MICHAEL Wm MEAD, P. A. TOHN S. MEAD Post Office Box 1329 Fort Walton Beach, Florida 32549 850) 243 -3135 Attorney for Plaintiff FLORIDA BAR NO. 0017874 CoW9ht 2008 by DOWCO One of,Hoft, Inc. AM rights reserved. This article Or any part tfinereot must not be reprinted whhout express, wdGen permission from DOWCO One of Florida, kr. DO& CO DOWCO One of Florida, nvc. ofFloridn 105 BEACH DRIVE, SX= E 8-3 FORT' WA4LTON 33BACH, FLORIDA 32547 TELEPHOr4B: ( 830) 863 -2488 CORPORAMN NUMBER 4947 G 1 Ty - s : ClTy tJZ'' IC- [ TEES: r4-S / FlwiaJ( T 9 A, a b'' TG r d 3 E/.1Ei - Z W E r 3