Fort Walton Beach Council minutes — 09-22-09 regular minutes — reading text

3 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 22, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 22, 2009, 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, Bill Garvie, Bobby Nabors, and Bill Patterson Absent: Virgil Miller 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. He advised of a slight change to the agenda, stating the Home Rule Hero presentation has been moved under recognitions on the agenda. INVOCATION /PLEDGE OF ALLEGIANCE Pastor Jeff Rouff, Living Hope Church, gave the Invocation and his son Joel led in the Pledge of Allegiance. PROCLAMATION —PUT THE BRAKES ON FATALITIES DAY The Mayor presented a proclamation to Officer Tracy Randolph of the City's Police Department 10th, proclaiming October 2009, as " Put the Brakes on Fatalities Day." PROCLAMATION —AMERICAN BUSINESS WOMANS DAY The Mayor presented a proclamation to Deidra Lunderman, President of the Fort Walton Beach Chapter of the American Business Women' s Association ( ABWA), proclaiming September 22, 2009 as ABWA Day. RECOGNITION —STUDENT ACE AWARDS The Mayor presented the Student Ace Awards to Megan Connor of Fort Walton Beach High School and Joshua Treloar of Choctawhatchee High School. RECOGNITION —FLOC HOME RULE HERO AWARD TO MAYOR ANDERSON Scott Dudley of the Florida League of Cities presented the " Home Rule Hero Award" to Mayor Anderson for being a strong advocate for protecting home rule rights. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda, as amended, as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). SPECIAL PRESENTATION --QUARTERLY PENSION REPORTS Joe Bogdahn of the Bogdahn Group presented the General Employees' Pension Plan financial status reports for the quarter ending June 30, 2009. 4 Regular Council Meeting; 09 -22 -09 CONSENT AGENDA The Mayor requested that the motion for approval of the Consent Agenda include authorization for the City Manager and /or Mayor to sign appropriate documents included with the Consent Agenda items. Mr. Holmes moved to approve the following Consent Agenda items and to authorize the City Manager and /or the Mayor to sign any documents included with the Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of September 8, 2009, the Special Council Meeting of September 9, 2009; and the Special Council Meeting of September 15, 2009. RES. 2009 -37— ACCEPT FLUS AND RELATED COMMUNITY INITIATIVES A RESOLUTION OF THE CITY OF FORT WALTON BEACH ACCEPTING THE EGLIN JOINT LAND USE STUDY ( JLUS) REPORT AND SUPPORTING RELATED COMMUNITY INITIATIVES. RENEWAL OF INSURANCE POLICIES To authorize the City Manager to execute insurance policies with Public Risk Insurance Agency Property & Casualty); Florida League of Cities ( Workers' Compensation and various miscellaneous policies) totaling $ 791, 417; and to authorize issuance of a Request for Proposal RFP) to remarket the City's insurance program, utilizing the assistance of Corporate Risk Management in the not to exceed amount of $9, 500. BID 09 -123 AWARD OF RYE SEED To award Bid 09 -123, Annual Rye Grass Seed Bid, to the lowest responsive, responsible bidders, Pennington Seed and Turf Merchants, for approximately 51, 000 pounds of seed that will be used by the Recreation and Cultural Services Department at an estimated cost of 36, 000. 00. RES. 2009 -26— FUNDING FOR ELECTRONIC SURVEILLANCE EQUIPMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE UNITED STATES FOR DEPARTMENT OF JUSTICE ELECTRONIC SURVEILLANCE EQUIPMENT; AUTHORIZING THE MAYOR TO EXECUTE THE GRANT AWARD; AUTHORIZING THE POLICE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. RES. 2009 -38— FUNDING FOR ENHANCED DUI PROGRAM A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW FOR ENFORCEMENT ENHANCED DUI ENFORCEMENT III; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION OF ACCEPTANCE; AUTHORIZING THE POLICE CHIEF TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. QUASI -JUDICIAL— VACATION OF EASEMENT 103 ALABAMA AVENUE Vacation of Easement at 103 Alabama Avenue, requested by John Mead, authorized agent for Barber Construction Company.  5 Regular Council Meeting 09 -22 -09 VACATION OF EASEMENT 103 ALABAMA AVENUE ( CONT) Samantha Abell, Senior Planner, advised she received an e- mail this afternoon from the applicant's attorney requesting this item be continued to the next meeting. Ms. Abell explained because this is a quasi -judicial proceeding, normal protocol is if the applicant cannot attend it be continued to a date certain, and that would be Staff's recommendation. The Mayor advised he spoke with the City Manager and questioned whether the issue can be resolved by the next meeting, and if not, could it be made date specific to the second meeting in October. The City Attorney stated that seemed like a wise decision. The City Manager informed he has been working with adjacent property owners to resolve the issue and that talk has been positive but not definitive. The City Manager stated he believes a month will give the latitude needed to negotiate an arrangement. The Mayor opened the public hearing. There was none. Mr. Garvie moved to continue the issue until the regular Council meeting of October 27, 2009. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). ORD. 1792 —SOLID WASTE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 10. 80, SOLID WASTE, AND CHAPTER 10. 82, RATES AND CHARGES, OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. John Hofstad, Utilities Director, advised this ordinance corrects inconsistencies and outdated language which no longer applies, and adds language to standardize the document in accordance with today's practices. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1792 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor (Miller and Rynearson absent). ORD. 1791 —AMEND COMPREHENSIVE PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE ECONOMIC DEVELOPMENT ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. The Mayor verified that all notice requirements have been met. Ms. Abell discussed the process for adoption of this ordinance, including recommendation of approval by the Municipal Planning Board acting as the Local Planning Agency and transmittal and review by the Florida Development of Community Affairs ( DCA). The Mayor opened the public hearing. There was none. 6 Regular Council Meeting; 09 -22 -09 ORD 1791 ( CONT) Mr. Reeves moved to adopt Ord. 1791 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor Miller and Rynearson absent). Council commended Staff for the time and effort put into this ordinance. CITIZEN APPOINTMENT TO VISION PLAN STEWARDSHIP COMMITTEE Appointment of a citizen to the Vision Plan Stewardship Committee. The City Clerk advised the vacancy on the Vision Plan Stewardship Committee ( VPSC) has existed since January and there is one application on file. Mr. Reeves nominated Douglas A. Pike, 124 Miracle Strip Parkway SW, Fort Walton Beach, to serve as the Citizen Representative to the VPSC for a four -year term until September 22, 2013. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor Miller and Rynearson absent). FOUNTAIN HEAD CONDOS STORM DRAIN REPLACEMENT PROJECT Amend Stormwater Capital Improvement Program ( CIP) to replace drainage system. Michael Beedie, City Engineer, explained that a 48 -inch corrugated metal stormwater pipe, owned and maintained by the City, has experienced a failure underneath the west side of the Head is parking lot of Fountain Head Condominiums and that the manager of Fountain requesting the pipe be replaced. Mr. Beedie continued that Staff has developed a project to replace 480 linear feet of the existing pipe at a not -to- exceed amount of $ 64, 000. 00. Because this project was not programmed in the five -year Capital Improvement Program, Staff is requesting the use of existing carryover funds to replace the pipe. The City Manager verified the line runs through an easement and that part of the cost is to repair the condominium parking lot after the pipe is replaced. The Mayor opened the public hearing. There was none. Mr. Nabors moved to authorize changing the Capital Improvement Program ( CIP) to include the replacement of 480 linear feet of 48 -inch corrugated metal pipe and two surface inlets within an existing drainage easement in the Fountain Head Condominiums parking lot in the not -to-exceed amount of $64,000 using carryover funds from CIP 5019 Stormwater Infrastructure. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, and Patterson in favor ( Miller and Rynearson absent). HABITAT FOR HUMANITY— CONCEPTUAL SITE PLAN, METHODIST AVENUE SE Acceptance of conceptual site plan for Habitat for Humanity Development at 108, 110 and 112 Methodist Avenue SE. Tim Bolduc, Building Official, presented a background of Habitat for Humanity' s involvement with the properties located at 106, 108, 110, and 112 Methodist Avenue SE, and that on May 26, 2009, the CRA Board recommended funding up to $ 145, 000 for the purchase of the two lots for