Fort Walton Beach Council minutes — 05-25-2010 regular — reading text

151 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 25, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 25, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bobby Nabors, Bill Patterson, and Dick Rynearson Absent: joyce gossom Seat 4 Vacant 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 /PLEDGE OF ALLEGIANCE Reverend Jerry Jones, Striving for Perfection Ministries gave the Invocation and youth from the church led in the Pledge of Allegiance. STUDENT ACE AWARD The Mayor presented the Student Ace Award to Delice Savedra of Choctawhatchee High School. FORT WALTON BEACH HIGH SCHOOL BASEBALL TEAM 2010 DISTRICT CHAMPIONS The Mayor presented certificates to the Fort Walton Beach High School Baseball Team in honor of being the 2010 District Champions. PRESENTATIONS Valerie Wenzel representing the Downtown Merchants Association thanked the City for their support in the revitalization projects that have taken place downtown. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent, Seat 4 vacant). CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent, Seat 4 vacant). APPROVAL OF MINUTES Minutes of the Regular Council Meeting on May 11, 2010. FDEP GRANT APPLICATION —GAP CREEK WATERSHED RETENTION POND To approve submission of an FDEP Grant Application to expand an existing stormwater retention pond in the Gap Creek watershed area located at 645 Anchors Street NW. 152 Regular Council 5/ 25/ 10 FDEP GRANT APPLICATION —GAP CREEK WATERSHED RETENTION POND MODIFICATION To approve submission of an FDEP Grant Application to modify an existing stormwater retention pond in the Gap Creek watershed area located at the end of Burnette Avenue NW. EXPENDITURE OF CEMETERY PERPETUAL CARE FUNDS To approve funding from the Cemetery Perpetual Care fund to purchase a gas powered maintenance cart for daily operation of the cemeteries totaling $ 7, 100. 00; and install a black vinyl fence around the perimeter of Brooks Cemetery totaling $ 9, 200. 00. REVISION TO PERSONNEL POLICIES AND REGULATIONS To approve revisions to Section 17, Personnel Policies and Regulations, to coincide with recently enacted state law for employees participating in Reserves or National Guard RES. 2010 -15— RENEWED OPPOSITION TO OFFSHORE DRILLING The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA RENEWING ITS OPPOSITION TO OFFSHORE DRILLING IN SUBMERGED LANDS UNDERLYING THE TERRITORIAL WATERS OF THE STATE; PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE RESOLUTION TO THE OFFICE OF THE GOVERNOR AND MEMBERS OF THE FLORIDA LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Nabors moved to adopt Res. 2010 -15. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( gossom absent, Seat 4 vacant). ORD. 1832 —REVISES LEGAL DESCRIPTION OF CITY BOUNDARIES The City Attorney read the ordinance by title on first reading. A REVISER ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; CORRECTING LEGAL DESCRIPTIONS IN PREVIOUSLY ADOPTED ORDINANCES AFFECTING THE CITY LIMITS OF THE CITY; RESOLVING CONFLICTS AND SETTING AN EFFECTIVE DATE. Michael Beedie, Engineering /Utilities Services Engineer, advised that during the course of compiling information to revise the legal description of the City limits, eleven discrepancies were discovered that are in need of correction. Mr. Beedie explained Ord. 1832 will correct minor scrivener's errors on the legal descriptions of five parcels, and that two additional ordinances will be brought forward to correct the remaining discrepancies. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to adopt Ord. 1832 on first reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( gossom absent, Seat 4 vacant). APPOINTMENT —CITY COUNCIL VACANT SEAT 4 The Mayor advised that Dean Covey, Bill Garvie, and Mike Minich are the three individuals nominated by Council to fill the position for Seat 4. The Mayor continued that each nominee will be given the opportunity to speak on their behalf and that voting will be done in alphabetical order. The individual appointed will be given the Oath of Office by the City Attorney at the conclusion of tonight's meeting. The Mayor opened the floor to the nominees to speak on their behalf.  153 Regular Council 5/ 25/ 10 APPOINTMENT TO CITY COUNCIL SEAT 4 Dean Covey, 270 Brooks Street SE, stated his fondness for the City and that he would be pleased to serve if selected by the City Council. Bill Garvie, 315 Shell Avenue, discussed his resignation from Council to run for State representative and his desire to be reinstated to the City Council. Mr. Garvie stated he has the time to devote to the Council and discussed the various committees he served on as a member of Council; that he was elected Mayor Pro Tern during his term; and that the Council nominated him as a finalist for the Councilman of the Year Award for the Florida League of Cities. Mike Minich, 106 Waynel Circle, stated if selected he is ready to serve. Mr. Rynearson noted the city is privileged to have three good men willing to serve the City. Mr. Nabors stated he would be privileged to serve with any one of them. Mr. Nabors also stressed his feeling that being a member of Council should be first priority for those who serve, and if an individual desires to run for a higher office or position, they should move on and not have the Council position be a second choice if they are not successful in their endeavor. The Mayor asked if anyone from the public wished to speak on behalf of a nominee. There were none. The Mayor called for the vote on the nominees in alphabetical order. Mr. Covey received no votes. Mr. Garvie received one vote with Patterson in favor. Mr. Minich received four votes with Holmes, Reeves, Nabors, and Rynearson in favor. The Mayor congratulated Mr. Minich on his appointment. CODE ENFORCEMENT BOARD APPOINTMENT (ALTERNATE) Appointment of an alternate member to the Code Enforcement Board. The City Clerk advised there is a vacancy for an alternate position and one application on file. Mr. Holmes nominated Valerie F. Moreland, 26 Temple Avenue SW, to serve on the Code Enforcement Board, as an alternate, for a three -year term from May 25, 2010 until May 25, 2013. As there were no further nominations, the Mayor called for the vote on the nomination and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( gossom absent, Seat 4 vacant). CODE ENFORCEMENT SETTLEMENT - 205 & 207 FLORIDA PLACE SE Settlement Agreement for Liens on Code Enforcement Fines at 205 & 207 Florida Place SE. Lorenz, the City's Code Enforcement Attorney, had Tim Bolduc, Building Official, advised that Joseph contacted him and advised he had another appointment but should arrive by 7 pm, but since he was not present, Mr. Bolduc requested the two Code Enforcement settlement items be tabled. Mr. Reeves moved to table Item 14. 1, Release of Liens on properties at 205 and 207 Florida Place Powell Drive, until the meeting of June 8, SE, and Item 14.2, Release of Lien on property at 651 2010 when the Code Enforcement attorney is present. Mr. Rynearson seconded motion and it carried by a vote of 4 to 1 with Reeves, Nabors, Patterson, and Rynearson in favor and Holmes opposed ( gossom absent, Seat 4 vacant). 154 Regular Council 5/ 25/ 10 CODE ENFORCEMENT SETTLEMENT - 651 POWELL DRIVE Settlement of Code Enforcement Case. This item was tabled until the meeting of June 8, 2010. CITY MANAGER REPORTS The City Manager reported the City is keeping a close eye on the oil spill and will continue to do so and that a clean up of the beaches and shore line has been done and efforts will continue. MAYOR/ COUNCIL COMMENTS Mr. Holmes mentioned the Police Memorial Service and the fine job the Police Department did putting it on. Mr. Holmes also mentioned Ferry Park is getting a lot of use and is being kept in good shape. Mr. Nabors updated Council on the TDC's marketing plans due to the oil spill, including policy changes in an effort to refill the hotels and condos that have had cancellations since the oil spill occurred last month. Mr. Rynearson mentioned the Police Memorial Service was a dignified ceremony and the Police Department did a good job bringing it together. CODE ENFORCEMENT SETTLEMENT - 205 & 207 FLORIDA PLACE SE The Mayor advised that Joseph Lorenz had arrived and received clarification from the City Attorney that a motion would be needed to remove Items 14. 1 and 14. 2 from the table for discussion. Mr. Reeves moved to remove Item 14. 1, Release of Liens on properties at 205 and 207 Florida Place SE, and Item 14.2, Release of Lien on property at 651 Powell Drive, from the table. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent, Seat 4 vacant). Tim Bolduc, BuildingOfficial, presented background information on the code violations that occurred from 2005 through 2008 on the properties located at 205 and 207 Florida Place SE, which at the time were owned by Mrs. Jody Godwin. Mr. Bolduc continued that in addition to these properties, Mrs. Godwin owned three properties ( Lots 1, 2, and 7) in Grand Oaks Subdivision in Destin, and that within the last several years, some if not all of these properties were sold. At the time of each sale, Mr. Bolduc reported a title search was performed, but the liens were not discovered and the City was not notified. Mr. Bolduc further informed that after being made aware of the property sales, the City's Code Enforcement Attorney, Joseph Lorenz, made contact with the title company to pursue the City's interest, who in turn received a settlement request from First American Title Insurance Company offering $ 5, 000 for the release of the liens placed only