Fort Walton Beach Council minutes — 11-10-09 regular minutes — reading text

33 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 10, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 10, 2009, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; 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 AND PLEDGE Reverend Charles Sansom, Sr. gave the Invocation and the Mayor led in the Pledge of Allegiance. PROCLAMATION —NATIONAL HOSPICE MONTH The Mayor presented a proclamation to Krista Botop in recognition of National Hospice Month. Ms. Botop then presented a Mayor with a plaque as part of the " Helping Hands Hospice Program ". PROCLAMATION —NWF BALLET The Mayor presented a proclamation to Todd Allen and Bernadette Sims in recognition of the NW Florida Ballet Ruby Anniversary. PROCLAMATION —OMEGA PSI PHI FRATERNITY The Mayor presented a proclamation to John Feagin in recognition of Psi Iota Iota " Achievement Week" November 15 — 21, 2009. PROCLAMATION —GREAT AMERICAN SMOKEOUT DAY The Mayor presented a proclamation to representatives from the Fort Walton Beach High School in recognition of the American Cancer Society Great American Smokeout Day on November 19, 2009. APPROVAL OF AGENDA The Mayor advised that ordinances 1811, 1813 and 1814 need to be continued to the November 24, 2009 Council meeting. Mr. Holmes moved to continue Ordinances 1811, 1813 and 1814 to the November 24, 2009 Council Mr. meeting. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Reeves moved to approve the agenda as the business of the day, as amended with Ordinances 1811, 1813 and 1814 continued to the November 24, 2009 Council meeting. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. 34 Regular Council 11 - 10 -09 SPECIAL PRESENTATION —LEGISLATIVE UPDATE Representative Ray Sansom mentioned there are some challenges ahead for the upcoming legislative session regarding the budget and also how to create jobs and opportunities in the State of Florida. He also mentioned there will be a lot of discussion on off shore drilling and the City' s input would be helpful. He thanked the citizens for allowing him to represent them in Tallahassee and for the support received in the past year during a difficult time. CONSENT AGENDA Mr. Reeves moved to approve the following consent agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. MINUTES Approval of the minutes of the Regular Council Meeting of October 27, 2009. MOA WITH BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Approve the Memorandum of Agreement with the Bureau of Alcohol, Tobacco and Firearms and authorize the Police Chief to execute. QUASI -JUDICIAL HEARING: ORD. 1812 —ANNEXING 12 WEDGEWOOD LANE The City Attorney read the ordinance by title then gave the oath to everyone who expected to speak. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; ANNEXING INTO THE CITY LIMITS OF FORT WALTON BEACH FLORIDA THE PROPERTY DESCRIBED AS LOT 1 BLOCK D COUNTRY CLUB ESTATE SUBDIVISION, WITH AN ADDRESS OF 12 WEDGEWOOD LANE, FORT WALT014 BEACH, FLORIDA; PROVIDING FOR MUNICIPAL BOUNDARY; AND SETTING AN EFFECTIVE DATE. Ivan Linn, 12 Wedgewood Lane, explained he requested annexation because of a failed septic tank and County water and sewer is not available. Samantha Abell, Senior Planner, stated the ordinance is unchanged since first reading and submitted the staff report for the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Patterson moved to adopt Ord. 1812 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1811 — REZONING 248 BROOKS STREET SE Rezoning the property at 248 Brooks Street SE from MUW -12 to PUD. Second reading on this ordinance continued to the November 24, 2009 Council meeting. ORD. 1813 —REZONING 248 HOLLYWOOD BOULEVARD SE Rezoning the property at 248 Hollywood Boulevard SE from R -2 to CF. Second reading on this ordinance continued to the November 24, 2009 Council meeting. ORD. 1814 —REZONING 34 CARSON DRIVE SE Rezoning the property at 34 Carson Drive SE from R -2 to CF. Second reading on this ordinance continued to the November 24, 2009 Council meeting.  35 Regular Council 11 - 10 -09 PUBLIC HEARING: ORD. 1816 —ANIMAL CONTROL The City Manager reported that Dee Thompson with PAWS called with some concerns and that she recommended the number of pigs be limited to one per single family dwelling and there be a weight limit on the pigs. He requested Council allow him and the City Attorney to work through the issue to develop a more complete ordinance. The City Attorney advised if Council decides to allow her and the City Manager to work on the ordinance then there is no need to read it for the record. There was some discussion on whether to place the recommended limits on the pot bellied pigs or to proceed with the ordinance as written. The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 7 BY REPEALING SECTION 7. 05. 06, ANIMAL CONTROL; AMENDING SECTION 5. 02 TO INCLUDE PROVISIONS FROM SECTION 7. 05. 06 AND ADDING OTHER PROVISIONS REGARDING ANIMAL CONTROL; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Nabors moved to approve Ord. 1816 on second reading. Mr. Garvie seconded motion. Discussion continued with an exchange of views on whether to incorporate the recommendations or to proceed as written. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Reeves, Garvie, Nabors, and Patterson in favor and Holmes, Miller, and Rynearson opposed. APPOINTMENT TO FIREFIGHTERS' PENSION BOARD Appointment to the Firefighters' Pension Board for a two -year term until November 10, 2011. Mr. Holmes nominated Janet Baggett. The Mayor called for the vote on the nomination to appoint Janet Baggett, 312 Brooks Street, SE to serve a the citizen on the Firefighters' Pension Trust Fund Board of Trustees for a two -year term from November 10, 2009 until November 10, 2011 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. C.H. `BULL" RIGDON FAIRGROUNDS LEASE Request from the C.H. `Bull" Rigdon Fairground and Recreation Complex to consider rent reduction. The City Manager reported that Bull Rigdon has requested Council reconsider the amount paid in rent. C. H. Bull Rigdon discussed the difficulty in paying the $ 6, 250 quarterly rent amount and requested Council reconsider the rent amount paid. Discussion included the difficult economic times and the reduced revenue received by the fairgrounds, the service provided by the Fair Association to the City, County, State, and Federal governments with the use of the fairgrounds in the event of an emergency; and the use of the fairgrounds by the County and the School Board at reduced rates. The Mayor opened the floor for public input. 36 Regular Council 11 - 10 -09 FAIRGROUNDS LEAST; Cont. Mike Minich, 106 Waynel Circle, spoke in support of the fairgrounds, noted that the Fair Association was instrumental when the City purchased the property and was assured they would be allowed to stay as long as the City owned the property; and mentioned that due to the economy the Fair Association reduced the entry fee into the fair this year. He requested Council reduce the rent back to what it was before the City purchased the property. As no one else wished to speak public input was closed. Mr. Reeves moved to direct the City Manager to renegotiate the lease with the C.H. " Bull" Rigdon Fairground and Recreation Complex not to exceed $ 4, 000. 00 a year in rent and also omit the Operation Plan as part of the lease agreement. The City Attorney expressed concern that there are certain permitting requirements for a lot of the activities at the fairgrounds and if the Operational Plan is omitted then they will probably need to go back to the regular permitting which could be more problems. She suggested Council give the discretion to the City Manager to renegotiate those other parts of the lease. Mr. Reeves moved to allow the City Manager to renegotiate the Operational Plan with the C.H. " Bull" Rigdon Fairground and Recreation Complex and to reduce the lease amount not to exceed $ 4,000. 00. Mr. Nabors seconded the motion. Mr. Reeves accepted a friendly amendment to allow the City Manager to negotiate with the C.H. Bull" Rigdon Fairground and Recreation Complex to reduce the rent, and bring it back to Council. Mr. Nabors accepted the amendment and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson and Rynearson in favor. The Mayor called for the vote on the motion, as amended, to allow the City Manager to negotiate with the C.H. " Bull" Rigdon Fairground and Recreation Complex to reduce the rent and bring it back to Council, and to renegotiate the Operational Plan and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. WATER MAIN EXTENSION TO SERVE JUDICIAL CENTER Approval of a Capital Improvement Project to extend a new 8 -inch and 10 -inch water main to the proposed Okaloosa County Judicial Center at the Fairgrounds. Michael Beedie, City Engineer, explained the County plans to break ground for the Judicial Center in January and the City needs to extend the water main to service the property. He reported the estimated cost for the 10 -inch water main extension of approximately 1, 900 linear feet is $ 38, 000 and the estimated cost for the 8 -inch water main extension of approximately 1, 000 linear feet is $ 38, 000 which includes the required 4- inch potable water connection and meter and the 6 -ioch fire service taps and fire hydrant. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Miller moved to authorize staff to proceed with the purchase of the necessary materials to extend 1, 900 linear feet of new 10 -inch PVC water main along the northern right -of w - ay of Lewis Turner