Fort Walton Beach Council minutes — 08-10-2010 regular — reading text

voiced concern about choosing the same firm that did the audit for the County and missed the fraud in the Sheriff's Office. Chris Gibson, 249 Brooks Street, received clarification that O' Sullivan Creel has been the firm for the City for the last nine years and suggested the City rotate the accounting firms. There was no one further from the public who wished to speak. Mr. Rynearson moved to select the firm Saltmarsh, Cleaveland & Gund. Motion failed for lack of a second. Mr. Minich moved to select the firm O' Sullivan Creel and to authorize the City Manager to enter into a three ( 3) year contract with two ( 2) optional renewals, with three ( 3) years for each renewal term. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, gossom, Reeves, and Minich in favor and Rynearson opposed ( Nabors absent, Seat 6 vacant). Regular Council 8 - 10 -10 199 LANDMARK CENTER DEVELOPER' S AGREEMENT The CRA requested that Council review the Landmark' s Developer' s Agreement; a CRA Board member will address Council. Mr. Beedie reported the CRA Board would like to know the status of the Landmark Center since nothing has changed since last September. He confirmed that the Development Order was extended last March until 2012. Doug Reed, 812 Santa Rosa Court, CRA Chairman, stated the CRA Board brought this up because they have funds designated for the project and they would like Council to free up those funds so they can move forward with other projects. The City Attorney clarified that the Development Order is in place until 2012 but Council is obligated by the Statute to review the Development Agreement every twelve months. She noted there are issues that need to be modified in the Agreement since there are timelines that are well past the time. The Mayor opened the floor for public input. Chris Gibson, 249 Brooks Street, expressed opposition to giving any money upfront to build a parking garage and suggested the money be spent on something more deserving. There was no one further who wished to speak. Council questioned if they would identify where the funds would be spent if the Agreement were to be terminated. The City Attorney explained the funds would go back into the CRA budget and it may require a budget revision in the future. She said when Council reviews the Development Agreement it will be a quasi - judicial proceeding and Council should not look too far beyond review of the agreement at that time. She explained under ex -parte communication, Council can be contacted but when it comes time for the meeting they will need to disclose all communication. Mr. Minich moved to direct the City Manager to bring forward the Development Agreement with the Landmark Center to the regularly scheduled second meeting in September. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor ( Nabors absent, Seat 6 vacant). LEASE TERMINATION REQUEST Lessees of City property at 243 Hollywood Blvd. requests a one year early termination of their lease The City Manager reported he was approached by John Watts to discuss the future of the property with an assignment of the lease to him and relief on the lease amount but now he would rather expire the lease one year early. He said if that is the case then staff is prepared to research several options for the use of the property and return to Council at the October 26, 2010 meeting. The Mayor opened the floor for public comment. Chris Gibson, 249 Brooks Street, commented the property could be put to better use John Watts, Shalimar, went over the history of the property leased by John Smith since 1962 and said there are six tenants there now who pay rent on a month to month basis. He noted the City asked Mr. Smith to sign a new lease with drastically different terms and conditions two years prior to the expiration of his existing lease. He said there is a little over a year left on the lease and they would now like to be out of the lease by December 31, 2010 and they will pay this year' s tax bill. There was no one further who wished to speak. 200 Regular Council 8 -10 -10 LEASE TERMINATION REQUEST cont. Mr. Reeves moved that early termination of the lease be granted subject to validation of payment of all assessments and taxes and verification that there are no outstanding liens on the property or any business thereon that could negatively affect the City in any manner; and that staff develop several options for use of the property and return to the City Council with them at the October 26, 2010 meeting. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent; Seat 6 vacant). CODE ENFORCEMENT LIEN —217 -A MIRACLE STRIP PARKWAY SW Petitioner seeks to have a code enforcement lien reduced more than the mitigation schedule amount. Tim Bolduc, Building Official, reported there have been 19 code violations on the property since 1999 and two of the three cases that occurred in the last two years currently have outstanding fines in the amount of $23, 300 and fees in the amount of $975. He reported the property was found in compliance of all outstanding violations on June 8, 2010 and continues to remain in compliance. He said staff requests Council follow the mitigation strategy for a release of lien with payment of $6, 990 for the outstanding fines and $ 975 for the outstanding administrative fees. John Dowd, Jr., attorney for the property owner, went over the mitigating circumstances brought on by the tenant who was in possession of the property during the time the code violations occurred. He provided Council a copy of the Notice of Violation and a copy of the Affidavit of Service and said his client was not served with those notices. He requested Council waive the fine imposed against Surti Investments in its entirety. The Mayor opened the floor for public comment. Chris Gibson, 249 Brooks Street, expressed if her tenant violates the Code a letter goes to her personally because she owns the property. She said the City always sends notice to the property owner of record. There was no one further who wished to speak. The City Attorney clarified the notices are required to be sent by certified mail to the place on the tax collectors records and in almost every hearing it is verified that proper notice has been given. Mr. Holmes moved to release the lien recorded at ORB 2917 Page 853 against Surti Investments at 217 -A Miracle Strip Parkway SW for a payment of $ 6, 990.00 for the outstanding fines and $ 975. 00 for outstanding administrative fees. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent, Seat 6 vacant). LEGISLATIVE PRIORITIES The Florida League of Cities has requested that the City provide its legislative priorities for the 2011 Legislative Session. The Mayor noted the Northwest Florida League of Cities is seeking input on the top three Legislative Issues they should focus on during the 2011 Legislative Session. He requested Council review the list of priorities established for 2010 and to submit their top priorities for 2011 to vote on at the next Council meeting. The Mayor opened the floor for public comment. Chris Gibson, 249 Brooks Street, suggested no more unfunded mandates from the State as a priority. No one further wished to speak. During brief discussion the preservation of Home Rule and issues regarding insurance reform, water and sewer infrastructure needs, and pension funds were mentioned as top issues. The Mayor requested Council submit 19th their top three priorities to the City Manager by August to finalize the list at the next Council meeting. Regular Council 8 -10 -10 201 CITY MANAGER REPORTS The City Manager advised that monitoring strips have been placed on Country Club Avenue for the next couple of weeks. He further advised that letters were sent to all residents on Country Club Avenue The City Manager announced the budget workshops will begin Monday, August 16 at 5: 30 pm, and continue August 17 and 18, if needed. The City Manager informed he was invited to a task force sponsored by the Chamber of Commerce to discuss economic recovery from the oil spill, and it is important to respond to a survey that will be sent to all Chamber members as it will provide the Chamber with action and direction to take on this matter. The City Manager mentioned the Reclaimed Water Master Plan Feasibility Study was on the agenda because they were informed by the State that the City qualifies for a $ 2 million dollar State Revolving Fund, and at the same time the EDC has applied for a $ 500,000 grant. MAYOR/COUNCIL COMMENTS Ms. gossom mentioned she will speak as a Council member at the " Women' s Equality Day" at Eglin A.F.B. in August Mr. Rynearson thanked the IT Department for providing Council with laptop computers to bring them into the 21s' century. He noted the laptops were recycled Police Department computers and would be put to good use by the Council. The Mayor mentioned he was invited to listen to the announcement on the Joint Strike Fighter decision; he 7th heard that the Special Forces Group has been authorized to grow by another 500 personnel; World Changers had 280 young people from various Baptist Churches around the Country come in to take care of 19 homes; he attended Matt Holt' s pinning to Police Sergeant; there is a local BP office on Miracle Strip Parkway next to Liza Jackson Park that is open to talk with anyone; he attended the memorial service for former Councilwoman Pat Thornber; and mentioned when he attends the FLC Conference in August he will probably go over the individual $ 1, 000 amount budgeted for travel and training. ADJOURNMENT Being no further business, the meeting adjourned at 8: 00 pm. APPROVED: "., y jy MAYOR r I..- ddm Date completed: August 12, 2010