Fort Walton Beach Council agenda — 11-08-05 ‎(regular)‎ — reading text

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 Rev. Charles Sansom, Family of Faith Church, led in the Invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. PROCLAMATIONS The Mayor presented a proclamation and plaque to Rosemary McCown, who is retiring from the Library after 38 years of service. The Mayor presented a proclamation and plaque to Richard S. Brown, who is retiring from the Police Department after 28 years of service. GFOAAWARD The Mayor presented the GFOA Award to Finance Director Mike Burton for excellence in financial reporting. AMENDMENT OF COUNCIL AGENDA The Mayor explained that representatives from Merrill Lynch and Alliance Bernstein were not able to give their presentation at the Council Workshop because of the time. The Mayor asked for a motion to allow him to amend the agenda and move Item 29, Establishment of a Small/ Mid Cap Investment Portfolio for the General Employees Pension Fund, after the Consent Agenda but before the Public Hearing and allow the pension representatives to give their presentation; and to bring forward items on the Workshop Agenda that were not able to be discussed because of the time. Dr. Pullen moved to allow the Mayor to amend the agenda to move Item 29, Establishment of a Small/ Mid Cap Investment Portfolio for the General Employees Pension Fund, afterthe Consent Agenda but before the Public Hearing and allow the pension representatives to give their presentation; and to bring forward items on the Workshop Agenda that were not. able to be discussed because of the time. Mr. Tucker seconded motion and' . ed Minich unanimously with Holmes, Patterson, Campbell', Tucker, Pullen, Hartwell, a favor. 2 c o 10/ 25/ 05 CONSENT AGENDA Mr. Campbell moved to approve the following Consent Agenda items. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of October 11, 2005. PURCHASE OF PICKUP TRUCK To waive the formal bid procedures and utilize the State of Florida Contract to purchase one ( 1) compact pickup truck from Orville Beckford Ford of Milton, Florida, in the amount of $11, 167. 00. PURCHASE OF POLICE VEHICLES THROUGH STATE CONTRACT To waive the formal bid procedures and utilize the Florida Sheriff's Associations Contract with the State of Florida to purchase three ( 3) police pursuit vehicles from Orville Beckford Ford of Milton, Florida at the unit price of $19, 998, for a total amount of $59, 749 REAL ESTATE LICENSE RENEWAL- US DEPARTMENT OF THE AIR FORCE To renew a real estate license agreement with the United States Department of the Air Force for the continued use of 490- acres adjacent to the City' s Wastewater Treatment Plant for the use as an effluent- uptake sprayfield for a term of five years beginning October 20, 2005 and continuing through October 20, 2010. Also, to authorize the City Manager to execute all necessary documents. Execution of this agreement does not require any in- kind or cash contribution from the City. AMENDMENT TO AGENDA At this time, the Mayor moved Item 29, Establishment of a Small/ Mid Cap Investment Portfolio for the General Employees Pension Fund, forward on the agenda, and advised the representatives from Merrill Lynch and Alliance Bernstein would give their presentations. QUARTERLY REPORTS-MERRILL LYNCH. ALLIANCE BERNSTEIN Jason Brandt of Alliance Bernstein presented the Quarterly Report ending September 30, 2005. for Larry Cole of Merrill Lynch explained the addition of a Mid Cap or Small Cap equity manager the portfolio is recommended to provide further diversification, increase the potential for higher returns and further balance the plan against volatility. Mr. Cole advised the General Employees Pension Plan Committee approved the selection of Pennsylvania Mutuallnv as managed by Royce & Associates as a Small Cap blended investment, with an initial investment of $2. 5 million over a 12- month period. ESTABLISHMENT OF SMALUMID CAP INVESTMENT Mr. Minich moved to establish a small/mid cap investment portfolio for the General Employees Pension Fund and approve the selection of Pennsylvania Mutual Inv as initial managed by Royce & A ssociates as the Small Cap Blended manager, with an investment of $ 2. 5 million over the next 12 months as follows: $ 1 million the end of November, 2005; $ 300, 000 the end of December, 2005; and $ 300, 000 each quarter for the next year, and to direct the Finance Director, acting as Pension Plan Administrator, to execute all necessary documents and make the appropriate funds transfer. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING-STOKES AVENUE SPECIAL ASSESSMENT Consideration of conducting a Public Hearing and establishing a Special Assessment District for water, sanitary sewer, street and drainage improvements for Stokes Avenue. If necessary, Council will sit as the Equalizing Board.  3 10/ 25/ 05 c o STOKES AVENUE SPECIAL ASSESSMENT ( CONTI The Mayor announced that on August 23, 2005, Council passed Resolution 05- 13 which authorized public improvements by special assessment for water, sanitary sewer, street and drainage on Stokes Avenue NW in the City of Fort Walton Beach. Resolution 05- 13 also set an estimated total cost of the improvements, established the manner of assessment and method of payment, and identified the lands to be assessed. The Mayor continued that on September 3, 2005, the Council passed Resolution 05- 32 which set the time and place for this public hearing before City Council. The Mayor advised that all participants in the public hearing will be sworn in and given a chance to speak against or for the assessment. The Mayor opened the public hearing. The City Attorney swore in those individuals who planned to testify. STAFF PRESENTATION Tom Murray, Public Works Director, advised that property owners of Stokes Avenue requested that the City construct the necessary water, sewer, street and drainage improvements for Stokes Avenue. He informed that a Special Assessment District was declared by the City Council on the August 23, 2005, after several meetings with property owners. Mr. Murray further explained timelines for the work to be done, and requested that Council meet as an Equalizing Board to adjust and equalize the assessments on a basis of justice and right. Council received clarification that when the construction is completed, the City will enter into a 20- year payment agreement with the property owners. The Staff Report was entered and accepted into the record. COMMENTS FROM OPPONENTS The Mayor asked for comments from individuals against the assessment. Pastor Stanley Williams of the Cathedral of the Holy Spirit at Lighthouse of Faith Christian Center, 755 Lovejoy Road, advised he was not against the proposed assessment, but wanted to know how it would benefit his church since they receive water and sewer from Lovejoy Road. Pastor Williams also asked Council to exempt his organization from the assessment. Mr. Murray informed their property abuts Stokes Avenue and if the improvements are put in the right of way that abuts a property, that property is considered to benefit from the improvements. He explained the water and improvements would be available for use if the property owner decides to connect to it; therefore, the benefits improve the property. The City Manager stated that if the parcel of property is large, and if sub- divided in the future, a Stokes it portion of the parcel would be from Lovejoy and a parcel from Stokes, by paving increases the value of the property by virtue of its proximity to Stokes Avenue. Council questioned whether a precedent would be set if the church were to be exempted from a a church; portion of the fees assessed. The City Attorney advised they would not be exempting rather, looking at this piece of property regardless of who the owner is, and whether there is a benefit to the She explained many corner lots in the City would have the same situation property. if an assessment was done. 4 10/ 25/ 05 STOKES AVENUE SPECIAL ASSESSMENT (CONTI Pastor Williams stated he does not want favoritism for the church, and mentioned that Stokes Avenue is already paved. Mr. Murray responded there is some asphalt at the southern end of Stokes Avenue, but it was not placed by the City and does not conform to City standards, and would have to be removed to install the facilities. James Patterson, 37 Pryor Road, owner of property adjacent to the church on Stokes Avenue, commented that if the church is waived his costs and the costs of other property owners would increase, and that he would request the right for his costs to be waived until the property is developed. James Smith, 618 Gap Creek Drive, commented that the paving on Stokes Avenue proceeds north on Lovejoy for about 100 to 200 yards, and that he understands the paving does not meet City standards. The Mayor asked if there were any additional comments against the assessment. There was none. COMMENTS FROM PROPONENTS The Mayor asked for comments from individuals for the assessment. As there was none, the Mayor closed the public hearing. The Mayor called for a motion to approve or disapprove the assessment. Mr. Tucker moved to find that the improvements for water, sanitary sewer, streets and drainage on Stokes Avenue NW are proper and advisable and to accept Staffs recommendations and levy the assessments for the public improvements as set forth in the Staff Report. Dr. Pullen seconded motion an~~ unanimously with Holmes, Patterson, C~ mpbell, Tucker, Pullen, Hartwell, an~ favor. RECESS The meeting of the City Council recessed at 7: 45 p. m. CONVENE The Mayor announced the City Council will convene as the Fort Walton Beach Equalizing Board . meeting to adjust and equalize the assessments authorized on the basis of justice and right. He advised this is a quasi-judicial proceeding. The City Attorney swore in individuals who planned to testify. The Mayor announced this portion of the public hearing is to address the equity of the levy and method of payment of the special assessments as they have been set out in Resolutions 05- 13 and 05- 32. He further stated only evidence necessary to determine the method of levying the