Fort Walton Beach Council minutes — 03-27-07 regular minutes — reading text

downtown. The CDS Director advised of actions being taken to address the sidewalk at the Joe and Eddie' s site and the Public Works Director discussed the ADA compliance review for projects being done in the rights- of-way, as well as citizen' s concerns and requests. Bill Garvie, 315 Shell Avenue, commented on the bravery of the Fire Department he witnessed first-hand when a 98- year old home he owned burned this afternoon. Blinn Van Mater, 11 Bay Drive SE, questioned the procedure taken on the Presidio issue when a Council member indicated he misunderstood the motion and wanted to change his vote and wished to know where it stood. It was explained the Council member decided not to change his vote and there was no motion to reconsider. Millie Thrush, 316 Sudduth Circle, mentioned the importance of temporary sidewalks for the safety of pedestrians during construction and reconstruction. ACCEPTANCE OF CAFR Consideration of accepting the Annual Audit and Comprehensive Financial Report for the City of Fort Walton Beach, Florida, for the fiscal year ended September 30, 2006. Angela Balent, O' Sullivan Creel LLP, presented the annual audit and reviewed highlights of the CAFR to Council, and was available to answer any questions that Council might have. 220 03- 27- 07 RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 10 p. m. Mr. Tucker was absent. ACCEPTANCE OF CAFR ( CONT) Mr. Minich moved to accept the Comprehensive Annual Financial Report ( CAFR) for the fiscal year ended September 30, 2006. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, Hartwell, and Minich in favor Tucker absent). FLORIDA FOREVER GRANT FUNDING AGREEMENT Consideration of a request to approve and accept a Florida Forever Funding Agreement between the Northwest Florida Water Management District and the City of Fort Walton Beach for installation of four stormwater pollutant separators as part of the Lower Choctawhatchee Bay Stormwater Initiative. If approved, staff requests Council authorize the Mayor to execute the agreement. John Hofstad, Utilities Director, advised the City received word it has been approved for a grant in the amount of $ 306,435. 00 for the construction cost for the Lower Choctawhatchee Bay Stormwater Initiative, which consists of designing, installing, and perpetually maintaining four stormwater pollutant separators within the incorporated boundaries of the City. The proposed projects sites are Hollywood Blvd Drainage Basin, Brooks Street Drainage Basin, Liza Jackson Drainage Basin, and Garnier' s Drainage Basin. Mr. Hofstad advised the City will be responsible for costs totaling $ 60, 100. 00 for the design, permitting, engineering, and surveying needed for the project, which are not funded through the grant award, and that the City has sufficient funding to cover these costs. Mr. Tucker returned to the meeting from the recess. Mr. Patterson moved to approve and accept a Florida Forever Funding Agreement between the Northwest Florida Water Management District and the City of Fort Walton Beach for installation of four stormwater pollutant separators as part of the Lower Choctawhatchee Bay Stormwater Initiative. Also, to authorize the Mayor to execute the agreement. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. GOLF CLUB RESTARUANT LEASE RENEWAL- TWO TREES Consideration of a request to authorize the City Manager to execute an extension amendment to the City of Fort Walton Beach Golf Club Food and Beverage Lease. Jim Frazier, Golf Club Administrator, requested an extension amendment to the lease between J the City and Two Trees Restaurant for an additional five- year period. Mr. Frazier advised that '..,......'..,.... Staff is requesting an amendment that will give the Golf Club exclusive use of the Veranda area . . during specific hours for use during tournaments and league play. Mr. Frazier advised that as it is now, the Two Trees Restaurant has sole rights to the Veranda area and the Golf Club has lost tournaments because of conflicts with events scheduled by Two Trees. Saras Taveprungsenukul ( Mr. T.), President and CEO of Northwest Florida Facilities Management, Inc., informed he has operated the Two Trees facility for the past five years and in the best interest of the City, and stated his feeling that the City and the corporation work together in scheduling.  221 03- 27- 07 TWO TREES RENEWAL ( CONTI He cited there is sometimes a miscommunication when scheduling events, but feels these issues can be worked out. Mr. 1. requested the amendment regarding exclusive use of the Veranda area by the City be removed. Council confirmed with Mr. T. that he understood the amendment was only during specific hours I"'"for use during tournaments and league play, and Mr. T. confirmed he understood that provision. The City Manager advised that the exclusivity language was requested by Mr. Frazier who felt it was necessary to ensure he could continue to have tournaments without being interrupted in regards to a conflict, and informed there has been some miscommunication in scheduling over the last year or two. Mr. Frazier stated that at times he was advised by the restaurant that special functions were scheduled for a particular night or weekend, and that he had to turn down requests from golf tournaments, but then no special function had occurred. He further advised that tournaments have to be sent to the fairgrounds for their food and beverages after their event. Mr. Frazier wanted to state that as an enterprise fund, the golf course depends on tournaments for making the fund profitable, and questioned whether Two Trees is part of the golf course or if the golf course part of Two Trees. Mr. T advised that he always checks the City' s log for the restaurant before booking an event. Mr. Minich moved to authorize the City Manager to execute the lease extension for the City of Fort Walton Beach Golf Club food and beverage lease, to include a provision that the Golf Club has exclusive use of the Veranda area during specific hours for use during tournaments and league play. Mr. Campbell seconded motion. Discussion included the idea of establishing a small fee when an event is scheduled to act as a contract to ensure use of the area. Council commended Mr. T for taking over the food and beverage for the Golf Club and that he runs an excellent facility. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. RES. 2007- 03. PUBLIC SCHOOL FACILITY PLANNING The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING; AND PROVIDING AN EFFECTIVE DATE. The CDS Director advised this is an interlocal agreement that will work with the county and other municipalities within the county to develop an agreement required by the state to implement a school concurrency program. Mr. Tucker moved to adopt Res. 2007- 03. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. 222 03- 27- 07 RES. 07- 04. HOUSING TRUST FUNDS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA IN SUPPORT OF THE ELIMINATION OF THE CAP ON THE HOUSING TRUST FUNDS BEGINNING IN FISCAL YEAR 2007-2008 AND IN SUPPORT OF FULL FUNDING FROM THE HOUSING TRUST FUNDS OF $ 939. 5 MILLION FOR HOUSING IN THE STATE FISCAL YEAR 2006- 2007 BUDGET, AND SUPPORTING AN INCREASE IN THE ELIGIBLE J INCOME LIMITS FOR SHIP FUNDS, AND PROVIDING FOR AN EFFECTIVE DATE. Ellen Holt, Chair of the Eglin Installation Growth Committee, Housing Sub- Committee, and the Work Force Housing Tax Force, explained that the Legislature enacted a cap on the Housing Trust funds of $ 243 million beginning in FY 2007-2008, and requested Council support their attempt to obtain full funding from the Housing Trust Fund. Ms. Holt also advised the resolution requests that the eligible income limits for SHIP down payment assistance be increased from 120% to 150% of area median income, enabling the local workforce a better opportunity to obtain affordable housing within their range of income. The Mayor mentioned this is a high priority with the Florida League of Cities and the Northwest Florida League of Cities. Dr. Pullen suggested the eligible income limits for the SHIP down payment assistance remain at 120% to coincide with the Okaloosa Community Development Corporation ( OCDC). It was noted the CRA Plan Update recommends as high as 150% of the median income in order to provide housing for individuals who are gainfully employed but yet cannot afford to purchase a home in this area. Mr. Hartwell moved to adopt Ord. 2007-04. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. SCHEDULING OF EXECUTIVE SESSION Consideration of a request by the City Attorney for Council to schedule an attorney- client executive session on March 30 or April 2, to discuss O' Daniels v. City of Fort Walton Beach, Department of Environmental Protection, Division of Administrative Hearings Case No. 07- 0954. The City Attorney advised an executive session must first be announced at a public hearing, and that this administrative hearing is pending and has come about very quickly. She informed a final hearing is set in June and a settlement conference set for April 3; therefore, an executive session is needed on March 30lh or April 2nd at the latest to better inform Council of the settlement and final hearing. Dr. Pullen moved to hold the Executive Session on April 2, 2007, at 5: 30 p. m. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, J Pullen, Hartwell, and Minich in favor. CHANGE IN ANNOUNCEMENTS The Mayor advised he would like to the Mayor/ Council and City Manager reverse announcements and allow the City Manager Announcements to go first, to enable outgoing Council members to have the last opportunity to