Fort Walton Beach Council minutes — 12-09-08 regular minutes — reading text

belief that Gulf Coast Wilbert had the lowest responsive bid, the other bids should have been rejected immediately, and said there is no reason to have the expense of re- bidding when Council already has it in their hands. It was questioned what would change in the RFP if it were to be reissued. The City Manager stated the conflict of interest, the scoring system, and any other issues there may be will cleared up as they move forward. The insurance issue was questioned and the City Attorney explained the company may not have had the insurance at the time they put in the bid but when they enter the contract mode they would have to have it at that time and if not, then the City would go to the next bidder. Greg Frank, Melborne, Florida, employee of Gulf Coast Wilbert, voiced the pride he takes in his work and its importance to the families who have lost a loved one. He expressed that experience far outweighs cost. Regular Council 12- 9- 08 71 RFP ON BURIAL SERVICES cont. Nick Rogers, Turn Key Vault and Burial Services, said all requirements will be met, they have 15 days to provide the insurance, he has the experience, and people ready to come to work. He said any requirements will be met upon award of the contract. Joyce White, Tim White & Monument Company, commented that experience has a lot of weight and Gulf Coast Wilbert had an advantage over the other two companies that had never submitted a bid before. She mentioned in hindsight they might have been more prepared but if it had not already been done, there is no need to have the City added on the insurance and they have 15 days to provide the insurance. As no one else wished to speak public input was closed. Mr. Minich moved to reject all bids and re- issue an RFP for the Burial Services for the City of Fort Walton Beach Cemeteries and authorize the City Manager to continue the current contract with the Burial Services Contractor until a new contract is issued. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). The City Attorney wished to know from Mr. Holloway if he was going to appeal the City Manager' s decision to disapprove his protest, or wait until it is re- bid. Mr. Holloway stated they will re- bid it. PUBLIC HEARING - ORD. 1777: ABOLISH DRC The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTIONS 13. 203 - 210, DEVELOPMENT PROCEDURES AND ACCOMPANYING TABLES, SECTION 13.402, AND SECTION 13.407, PLANNING 101, ORDINANCE 1756, TO ABOLISH DEVELOPMENT REVIEW COMMITTEE AND ESTABLISH PROCEDURES FOR REVIEW OF EXPEDITED AND MINOR DEVELOPMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Malcolm Foley, Planning & Zoning Supervisor, explained the ordinance will abolish the Development Review Committee from the Land Development Code and stated that review of the site plans will continue. He handed out a detailed flow chart that showed the building permit approval process that will be followed for major, minor, and expedited developments and noted that the Development Services Director will make the recommendations, not staff. He reported the Municipal Planning Board recommended Council adopt the ordinance on first reading. During some discussion there was further clarification that the technical review by the Departments for Code compliance will continue, that anyone can attend the pre- application conference, the difference between a minor and expedited permits is that a minor permit requires more review and will take a little more time; it was noted the ordinance does not call for review by the Public Services Director who is the Department Director over Development Services, and that Table 13- 3 on the major application review and approval process should reflect a public hearing is required if the proj ect is reviewed by the CRA. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed.  Regular Council 12- 9- 08 72 ORD. 1777 cont. The City Attorney referenced lines 447- 449 that states the Development Services Division is under supervision of the City Manager and said Council has the right to delegate the authority to someone other than the City Manager but it is appropriate to give the City Manager the authority she is to have. She mentioned that reference only means that the Development Services Director answers to someone. It was questioned whether step 1 for the pre- application conference would meet all the requirements of the Sunshine Law. The City Attorney said it will not invoke the Sunshine Law and will place responsibility back into the Development Services Division. Mr. Holmes moved to adopt Ord. 1777 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miler absent). PUBLIC HEARING - ORD. 1786: 2007 EDITION OF FL FIRE PREVENTION CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 3. 20. 01 OF THE FIRE CODE TO ADOPT THE 2007 EDITION OF THE FLORIDA FIRE PREVENTION CODE; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, explained the State has adopted the 2007 Edition and it is mandatory for the municipalities to also adopt the 2007 edition. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1786 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING - ORD. 1787: FALSE ALARMS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO FIRE ALARM SYSTEMS; AMENDING SECTION 8. 02. 11, RULES FOR USE; AMENDING 8. 02. 12, FALSE ALARMS, TO RAISE FINE AMOUNTS FOR FALSE ALARMS AND TO AUTHORIZE FINES AGAINST FIRE ALARM CONTRACTORS, SPRINKLER CONTRACTORS, EMPLOYEES OF SUCH CONTRACTORS, OR ENTITIES LICENSED TO PERFORM MAINTENANCE OR TESTING OF ALARM SYSTEMS; ADDING PROVISIONS FOR APPEALS; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, explained the current false alann penalties have been ineffective in that there has been an increase in the number of false alanns. He said it will apply to the building owners and the alann companies that fail to notify dispatch that they are working on the alann and it is hoped that more stringent fines will get their attention. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Regular Council 12- 9- 08 73 ORD. 1787 cont. Mr. Minich moved to adopt Ord. 1787 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING - ORD. 1788: GENERAL EMPLOYEES' RETIREMENT PLAN The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17- 21.1 TO PERMIT INVESTMENT IN MUTUAL FUNDS; AMENDING SECTION 17- 12. 1 TO PERMIT THE AGGREGATE OF THE INVESTMENT IN CAPITAL STOCK OF ANY ONE ISSUING COMPANY TO NOT EXCEED, AT COST, 65% OF THE FUND; ASSETS OF THE AMENDING SECTION 17- 21.1 TO REMOVE REFERENCE TO THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Finance Director explained the ordinance addresses inconsistencies between the investment policy and the Plan document. She said the ordinance will amend the Plan document to allow for mutual fund investments which is currently being used, limit the equity securities target at 65% which is currently being used, and remove the obsolete reference to the Federal Savings and Loan Insurance Corporation ( FSLIC). The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopted Ord. 1788 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). FUTURE AGENDA ITEMS It was noted that the flow chart of the Development Review process was previously discussed and will be dropped as a future agenda item. Council will receive a white paper on the lien process along with recommendations from staff and the City Attorney; and a Pension Fund Training Session will be held for Council after the April election. The City Attorney mentioned the Attorney General' s Opinion was received late this afternoon which basically said that Council can make the changes to the Charter ( abolish the offices of Recorder and Finance Director) by ordinance. The City Attorney will prepare ordinances on the Charter revisions for consideration at the January meeting. DOWNTOWN STREETSCAPE AND GATEWAY PARK IMPROVEMENTS Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4. 01, paragraph 4. 01.025 and the Purchasing Policies and Procedures, request authorization to award Bid 09- 104, Downtown Streetscape and Gateway Park Improvements, to the low, responsive, responsible bidder meeting bid specifications, ValleyCrest Landscape Development, Inc., of Santa Rosa Beach, FL, for the bid amount of$ I, 263, 814. 88.  Regular Council 12- 9- 08 74 DOWNTOWN STREETS CAPE AND GATEWAY PARK IMPROVEMENTS cont. Christy Johnson, Principal Planner, reported that staff and the CRA recommend award of the bid to ValleyCrest Landscape Development, Inc. of Santa Rosa Beach, FL for the bid amount of 1, 263, 814. 88 and authorize the City Manager to execute contract documents; and authorize the City Manager to execute individual change orders up to $ 20, 000 not to