Fort Walton Beach Council minutes — 03-28-06 regular minutes — reading text

145 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 28, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 28, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director ( position vacant); 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 Pastor George Schmitt from the Way of Life Unity Church led in the invocation. PLEDGE OF ALLEGIANCE Mayor Anderson led in the Pledge of Allegiance. PROCLAMATION - BRIDGEWAY The Mayor presented a proclamation to Daniel Cobb, CEO of Bridgeway Center Inc. to ask citizens support the 5000 Friends of Florida Families. PROCLAMATION - AL TURNER AND JUSTIN WARNER The Mayor presented a proclamation to AI Turner of Bayer Environmental Science and Justin Warner of A-Action Exterminators for their help to rid the old schoolhouse and post office from termites. STUDENT ACE AWARDS The Mayor presented Student Ace Awards to Christina Burnham of Choctawhatchee High School and Rebecca Stone of Fort Walton Beach High School. GFOA - DISTINGUISHED BUDGET PRESENTATION The Mayor presented the Government Finance Officers Association Distinguished Budget Presentation to the City of Fort Walton Beach Management Analyst, Charlotte Dunworth. CONSENT AGENDA Mr. Campbell moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. MINUTES Approval of the minutes of the Regular Council Meeting of March 14, 2006.  Regular Council 3- 28- 06 146 ONE-TON PICKUP TRUCK BID To authorize the purchase one ( 1) One- Ton Pickup Truck with Towing Package under the provisions of the State of Florida Annual Bid Contract from Orville Beckford Ford, Milton, Florida, in the amount of 26, 928. 00. ONE-TON CAB AND CHASSIS BID To authorize the purchase one ( 1) One-Ton Cab and Chassis under the provisions of the State of Florida Annual Bid Contract from Garber Chevrolet, Green Cove Springs, Florida, in the amount of 17, 395. 00. ASPHALT PAVING BID To award Bid No. 06- 113, Annual Asphalt Paving Bid, to the lowest responsive, responsible bidder C. W. Roberts, from Hansford, FL for a period of one ( 1) year and authorize the City Manager to approve the extension of the bid with four (4) option years, if it is determined to be in the best interest of the City. DIESEL TRASH PUMP BID To award Bid No. 06- 114 Purchase of one ( 1) 6" diesel trash pump to the lowest responsive, responsible bidder meeting specifications J. H. Wright and Associates, Daphne, AL in the amount of 30, 901. 00. PUBLIC HEARING - ORD. 1695: PURCHASE OF McGRIFF STREET The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING THE PURCHASE OF REAL PROPERTY SITUATED AT 106 MCGRIFF STREET NE, FORTWAL TON BEACH, FLORIDA; PROVIDING AUTHORITY AND CITY COUNCIL APPROVAL OF THE CONTRACT FOR SALE AND CONVEYANCE OF THE PROPERTY FROM EVELYN GRACE PRITCHARD, FKA EVELYN GRACE SADLER TO THE CITY OF FORTWAL TON BEACH; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. The City Manager reported an agreement was negotiated with Mrs. Sadler and this is the final step prior to the purchase of the property. The Mayor opened the public hearing. Sabu Williams, President of the Okaloosa County Branch of the NAACP, spoke on behalf of some of the tenants at 106 McGriff Street. He received clarification that the City would own and take possession of the property tomorrow. He mentioned the tenants were given an eviction notice by the current owner dated March 11, 2006 to vacate by tomorrow. He stated he told the tenants not to leave and requested they be given 30 days from tomorrow to vacate the property so they may find a place to live. He commented the tenants deserve an opportunity to find a place to live and need 30 days for the opportunity, and requested Council treat the residents with dignity and honor and allow them the opportunity to have 30 days to find a place to live. He said there is no Judge' s Order to evict the people and because of that they do not have to leave. He mentioned the gas has been shut off today and if they do not leave by tomorrow, the electricity and water will be shut off. He said if that happens, the NAACP will be down there with CNN and everyone until the water and electricity are turned back on. He said the residents request 30 days to find a place to live, and commented legally, they could probably get it anyway, and requested Council give the tenants an additional 30 days from today.  Regular Council 3- 28- 06 147 ORD. 1695 ( CONT) The City Attorney stated Council has the power to extend but she was unsure they were really talking about an extension. She said the current owners gave notice to all the residents on March 11 th and it is her understanding none of the residents have a contract or lease and have been week to paying week. She said under the current residential statute if it is a week to week rental basis they are afforded seven days notice. She said if the City has to take action, then legal will file they legal eviction proceedings, if it is necessary. She said once the City owns the property they can determine how long the individuals stay, but she cannot advise that the allow them to City because of the stay condition of the property and there are plans on demolition of the building. She said whether or not they have somewhere to go is an issue outside of the ordinance and the actual purchase of the property. Chris Gibson, 249 Brooks Street, wished to know, now that the City owns the property, if the City will continue to allow the drug activity to go on at that property since it has not been stopped in the past. The Mayor stated the plans are to demolish the building; that the does not City intentionally allow drug activity to go on anywhere and will do the best they can to stop the drug activity. As there was no one further who wished to speak, the public hearing was closed. The City Manager briefly went over the proposed schedule of activity on the property with the City to take ownership of the property tomorrow; they will post the that the property City now owns the property; the water and sewer services will be turned off on Thursday, if the owner has not already turned them off; then there will be an asbestos inspection; the property will be boarded on Friday so there can be no entrance; the asbestos inspection should come back in a week and from that the City will know how to proceed with demolition. Dr. Pullen moved to adopt Ord. 1695 on second reading. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Minich expressed support on the purchase of the property and commented the tenants should have 30 days and wished to know if the closing date on the purchase could be to 11th. changed April The City Manager responded she did not believe it could. The City Attorney commented the closing date is not the concern, it is the City taking possession of the property that will entitle the City to make the decision on the tenants. PUBLIC HEARING: ORD. 1702: CABLE FRANCHISE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA, RELATING TO THE GRANTING OF A FRANCHISE FOR THE USE OF THE CITY' S RIGHTS- OF- WAY FOR THE CONSTRUCTION, RECONSTRUCTION, OPERATION AND MAINTENANCE OF A CABLE COMMUNICATIONS SYSTEM WITHIN THE CITY BY COX COMMUNICATIONS GULF COAST, L.L.C. ( COX); PROVIDING FOR AUTHORITY; SHORT TITLE; GRANT OF FRANCHISE; RIGHT OF CITY TO ISSUE FRANCHISE; AN EFFECTIVE DATE OF FRANCHISE AND EFFECT UPON EXISTING FRANCHISE; TERM; NON- EXCLUSIVITY; INCORPORATION OF THE CABLE ORDINANCE BY REFERENCE AND RESOLUTION OF CONFLICTS; DEFINITIONS; SERVICE AREA; SYSTEM AND CAPACITY; CONSTRUCTION AND INSPECTION; SYSTEM SERVICES; ACCESS AND INSTITUTIONAL NETWORK; SUBSCRIBER INFORMATION AND RIGHTS; EQUAL EMPLOYMENT OPPORTUNITY; RATES; FRANCHISE RENEWAL; POLICE POWERS; PERFORMANCE SECURITY; REGULATION; REMEDIES; LIQUIDATED DAMAGES; COOPERATION; WAIVER; CUMULATIVE PROVISION; NOTICES; CAPTIONS; NO JOINT VENTURE; ENTIRE FRANCHISE; SEVERABILITY; TIME IS OF THE ESSENCE; CONSTRUCTION OF FRANCHISE; TRANSFER OF FRANCHISE AND ADDITIONAL SERVICES.  Regular Council 3- 28- 06 148