Fort Walton Beach Council agenda — 03-13-12 regular — reading text

Approval of Agenda The vote on the motion to approve the agenda carried unanimously..._ RESULT: ADOPTED (UNANIMOUS] w MOVER: Dennis Reeves, Council Seat 3 m SECONDER: Bobby Nabors, Council Seat 5 N AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson c EE r S. CONSENT AGENDA 1. Approval of Minutes Approval of Minutes of the regular Council meeting of February 14, 2012. The vote on the motion to approve the Consent Agenda carried unanimously. 9. PUBLIC COMMENTS Ed Dallas, 44 Bay Drive SE, discussed the stormwater problem on his property at the comer of Brooks Street and Bay Drive that has been there for the past five years. He distributed pictures of the area for Council to review, and stated he was advised that 12 more pieces of pipe are needed to carry the storm water past his walkway. Mr. Dallas presented Council a letter stating he is wiling to pay for the 12 pieces of pipe in the amount of $2,400. 00 to correct the problem. The City Manager advised that he will look into the situation. Page 3 ary C.,..a fFon warmn Bean Packet Pg. 36  8. 1. a Minutes February 28, 2012 Regular Meeting 10. RESOLUTIONS 1. 2012 -4 Assistance to Firefighters Grant A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FIRE EQUIPMENT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. Chief Ken Perkins advised this accepts a $ 31, 050 grant from the Federal Assistance to Firefighters Grant Program for the purchase of a laptop, multi -gas detectors, portable radios, automatic external defibrillators, and a defibrillator training unit, with the City' s portion being 3, 450. 00. The vote on the motion to adopt Res. 20124 .carried unanimously. _.. _. RESULT: ADOPTED ] UNANIMOUS] '... Nv MOVER: Bull Rigdon, Council Seat 6 c SECONDER: Joyce gossom, Council Seat 2 E AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson C U 11. ORDINANCES -- FIRST READING 0 m None. 12. ORDINANCES -- SECOND READING a0n 1. 1859 - Revised Stormwater Utility 00 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND INTENT; AMENDING CHAPTER 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL c OF CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. N The City Attorney read the ordinance for second reading. Michael Beedie, Engineering/Utilities N Director, stated there were no changes since first reading. EE The vote on the motion to adopt Ord. 1859 on second reading carried unanimously. RESULT: ADOPTED ] UNANIMOUS] nA9 MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 13. APPOINTMENTS 1. Municipal Planning Board Appointment Consideration of appointment to the Municipal Planning Board for a four -year term. The City Clerk advised the appointment is for a four -year term and that Paul Horn is the only applicant. The vote on the nomination of Paul Horn to the Municipal Planning Board for a four -year term carried unanimously. C, C.,, lt ff,,, w,m„ n such Fog, 4 Packet Pg. 38  F-8.-1. 7 Minutes February 28, 2012 Regular Meeting RESULT: ADOPTED ) UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 2. Code Enforcement Board Appointment Consideration of one appointment to the Code Enforcement Board for a three -year term. There are two applications. The City Clerk advised two alternates on the Code Enforcement Board, Phillip Rose and Valerie Moreland, are interested in a permanent position. She advised Mr. Rose was appointed as alternate in March of 2010, and Ms. Moreland was appointed as alternate in May of 2010. The term would be for three years. The vote on the nomination of Phillip Rose to the Code Enforcement Board, as a regular member for a three -year term,..carried unanimously..._ _. RESULT: ADOPTED )UNANIMOUS] MOVER: Dennis Reeves, Council Seat 3 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson '.... 3. Housing Authority Appointment Consideration of the Mayor's ( re) appointment of a citizen to the Fort Walton Beach Housing Authority for a four -year term. The vote to approve the Mayor' s reappointment of James Robbins to the Fort Walton Beach Housing Authority for a four -year .term carried unanimously... RESULT: ADOPTED ] UNANIMOUS) AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 14. ACTION --DIRECTION --DISCUSSION 1. Assignment of Easement The Elliott' s Point Channel Association requests to assign its easement connecting the Choctawhatchee Bay to Lake Earl ( Goodthing Lake) to the City in order to provide maintenance for stormwater purposes. The City Manager presented background information regarding the 50' easement granted in 1962 to the Elliott' s Point Canal Association ( EPCA, formerly the Elliott's Point Channel Association) to construct, maintain, repair and operate a canal with the right of ingress and egress into Lake Earl from the waters of Choctawhatchee Bay. He explained the EPCA no longer has the desire or ability to continue the task and they contacted the City to begin discussion regarding the conveyance of the easement held by them to the City. The City Manager discussed the importance of Lake Earl and the City and that an easement document has been developed by the City Attorney to maintain the casement in such a manner to minimize flooding and insure continuous drainage to Choctawhatchee Bay. Pose Ca, Co , dfronW It, nBeach Packet Pg. 37  8. 1. a Minutes February 28, 2012 Regular Meeting The vote on the motion to accept both the Assignment of Easement between the EPCA and the City, and the transferring of funds from the EPCA to the City to perform the dredging, carried unanimously. RESULT: ADOPTED [ UNANIMOUS] MOVER: joyce gossom, Council Seat 2 SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson 15. CITY MANAGER REPORTS The City Manager advised he would place the City Attorney issue on the March 13, 2012 agenda for discussion. 16. CITY ATTORNEY REPORTS 7 Conflict Discussion 2 1. 2 The City Attorney advised that the Mayor discussed with him whether there was a possible conflict of interest regarding Mr. Griggs and the issue of the police consolidations with the Sheriffs Office, since Mr. Griggs' father is an employee of the Sheriffs Office. The City a Attorney stated it is his opinion that there is no conflict since Mr. Griggs will receive no financial gain, and that he can prepare a memo to Council stating such. The City Attorney also suggested o that if Council would prefer, he can request an opinion from the Florida Department of Ethics as m a third party opinion and can have an opinion within the next month. onn Council discussion included the fact that the City has an attorney to perform these types of legal issues, that obtaining an opinion from a third party is beneficial, and that a legal opinion from o either source