Fort Walton Beach Council minutes — 03-25-08 regular minutes — reading text

the section numbers but has no change in the substance of the ordinance. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 12. 32. 02 OF THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENTS WITH A DE MINIMUS IMPACT AND CODIFYING THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING THE TRAFFIC CONCURRENCY EXCEPTION AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planner, explained this ordinance refers to transportation concurrency and adopts specific language required by the state for adopted levels of service. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Ord. 1755, with clerical changes of lines 13 through 17 being deleted. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REGULAR AGENDA- FUTURE AGENDA ITEMS Mr. Hartwell advised that reports would be sufficient from the City Attorney on Item 5, Sunshine Law and Communications, and from the Labor Attorney and Human Resources Director on Item 7, Comments and Reprirnands for Charter Officers, rather than workshop meetings. r1, Mr. Garvie requested that Item 4, Cinco Bayou Annexation, be expanded to include any other 9 annexation, the annexation process, or discussion in a more generic matter. The City Manager asked Council to consider adding to the list a workshop in May to discuss fire assessment fees.  73 Regular Council 3/ 25/ 08 RECYCLING DROPOFF LOCATION IN KENWOOD Discussion of adding a second recycling drop off location in the Kenwood Neighborhood Area. Tom Murray, Public Works Director, advised that Mr. Reeves requested this be discussed this evening, and noted four potential sites for a recycling drop off location in the Kenwood area. Mr. Murray stated several factors were considered in evaluating the sites, including public access and safety, site visibility and impact to other City operations, and it was determined that the most suitable site in the Kenwood area is the tennis court area off of Country Club Avenue. Mr. Reeves noted it would not be a particularly attractive site, but Mr. Murray again noted the site should be visible to the public. Also discussed was that lighting can be adjusted. Mr. Miller suggested the parking lot at the old Pines off of Country Club Avenue might be more suitable, but it was noted the area has an awkward access and is often busy with city equipment and city workers, and children as it is a public park area. Council was advised that the City makes no money on the recycling; it is a cost- avoidance issue. The Mayor asked for public input. There was none. Mr. Minich moved to approve the tennis court area off of Country Club Avenue as the most suitable site in the Kenwood area for a recycling drop- off location in the Kenwood area.Mr. Reeves seconded motion. Further discussion included the possibility of the fairgrounds as a recycling option. When questioned about the liability issue if the fairgrounds were considered, the City Attorney advised the liability was no more than any other public access. Mr. Miller noted he is a member of the Kenwood neighborhood group and he has never seen an e- mail requesting a recycling drop off location in the area. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. LETTER OF SUPPORT- MEMORIAL ON WEST JETTIES IN DESTIN Consideration of a letter of support for the Northwest Florida Military Officers' Association request to construct a memorial on or about the West Jetties of the Destin Pass, for Petty Officer Jones, a fallen Coast Guard service member. The Mayor advised he was approached by Ken Wright, a retired Coast Guard Officer, about the request and the Mayor informed Mr. Wright to bring the request before Council. Mr. Wright discussed the memorial would be placed on or about the West Jetties of the Destin Pass in honor of Petty Officer Jones, who was killed at this location during a Search and Rescue r mission. He asked for a letter of support from the City in this endeavor, and advised the structure would have no adverse affect on the navigation of the waterway and would act as a light house beacon, and would be visible from the Destin Bridge. The Mayor asked for public input. There was none. Mr. Minich moved that the City send a letter of support to construct a memorial site for a fallen Coast Guard member. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 74 Regular Council 3/ 25/ 08 RELEASE OF LIEN- 11 ELM AVENUE Consideration of release of lien on property at 11 Elm Avenue. Missy McKim, CDS Director, advised this is in reference to a code enforcement lien at 11 Elm Avenue; the total lien is $ 61, 500 and Staff is requestin9 a 10% pay and a waiver of the remaining lien, with the owner paying $ 6, 150.00. Ms. McKim stated there was an original code violation in September of 1999, and a repeat violation in June of 2001, with the violation corrected in October of 2001. The City Attorney advised that Council can release any lien and reduce the amount of the lien according to State Statutes. Jim Quigley, 11 Elm Avenue, property owner, explained the circumstances through the years that led to the $ 61, 500 lien, including financial difficulties and miscommunication between himself and the City staff. Council received clarification from the City Attorney that the property owner, not the renter, is responsible for all code enforcement to the property. Mr. Minich moved to remove the lien on 11 Elm Avenue SE with the condition the property owner pay $ 6, 150. 00 to cover the costs incurred by the City for this code enforcement case. Dr. Pullen seconded motion. Council discussion included that the amount can be lowered so the property owner does not lose the property; that this is a case where everyone was doing their job and now it is a decision for Council to make; that adjacent property owners need to be considered when a property is in violation; and that the $ 6, 150 fine amount is a large amount to have to pay; and that the issue has been ongoing since 2001 and has basically been ignored by the property owner. Mr. Hartwell amended the motion to remove the lien under the condition the property owner pay $ 3, 075. 00, or 50/ to cover costs incurred by the City. Mr. Holmes seconded 0, motion. Council stressed that the amendment is still strong enough to send a message to Mr. Quigley and other property owners that code enforcement must be enforced; and that the lien will remain until it is fully paid. The Mayor called for the vote on the amendment and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor called for the vote on the motion, as amended, to remove the lien under the condition the property owner pay $ 3, 075.00, or 5%, to cover costs incurred by the City, and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RECESS The meeting recessed at 9: 15 p. m. RECONVENE The meeting reconvened at 9: 20 p. m. PRESENTATION OF OVERALL LEGAL SUPPORT SYSTEM FOR THE CITY Consideration of a presentation by the City Attorney regarding overallle9al support system for the City.  75 Regular Council 3/ 25/ 08 LEGAL SUPPORT FOR CITY ( CONTI The City Attorney discussed her report she was tasked to do by Council that addresses the attorneys retained by the City, their areas of expertise, and the types of engagement of each attorney. She also provided her recommendation that a uniform letter of engagement be drafted for each attorney that states such items as hourly fee, travel time, phone and fax charges, and other incidentals. The City Attorney also included the total cost of attorneys, and noted that in 2007 there was a definite increase in costs of special and other counsel. She also noted that when the need for special or additional counsel is needed, she is in the know of who can be contacted for the particular situation. Discussion included that the attorneys representing the various pension funds are paid for from the individual pension funds; whether local attorneys could be used rather than out of town attorney; that the special counsel the City employs has a vast amount of corporate knowledge that cannot be replaced; and that coordination exists between the City Manager and City Attorney when special counsel is being considered. Dr. Pullen moved to establish the City Attorney as the ' gatekeeper' of tasking for special or additional counsel, and to direct the City Attorney to prepare a uniform letter of engagement to the attorneys retained by the City. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPOINTMENT OF INTERIM FINANCE DIRECTOR Consideration of appointment of Interim Finance Director. The City Manager advised the Florida League of Cities ( FLOC) and the Government Finance Officers Association ( GFOA) was contacted to see if they have a program that could be accessed to provide an interim finance director. Neither organization has such a program. However, the City Manager advised the FLOC offered two names, but neither individual is within commuting distance and housing expense would likely be involved, so they were not contacted. The City Manager continued that a referral provided by the FLOC led staff to an e- mail exchange with a Government Consulting Service Company, but the individual would only work two days per week at a rate of $ 125. 00 per hour. For these reasons, the City Manager requests Council'