Fort Walton Beach Council minutes — 10-23-07 regular minutes — reading text

183 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 23, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 23, 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; 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 Pastor Tyrone Smith of Promise Land Church, Navarre, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from Promise Land Church led in the Pledge of Allegiance. PROCLAMATION - HOSPICE MONTH The Mayor presented Krista Botop of Emerald Coast Hospice with the proclamation for Hospice Month. PRESENTATIONS- STUDENT AWARD FOR CIVIC EXCELLENCE ( ACE) The Mayor presented the ACE awards to Whitney Schmieder of Fort Walton Beach High School and Gina Savedra of Choctawhatchee High School. PRESENTATION- CITY CLERK City Clerk Helen Spencer was honored on her 40th anniversary with the City, and was presented with 40 beautiful red roses ( one for each year). A special honor for Mrs. Spencer was being entered into the Congressional Record of the State of Florida for her 40 years of service to a governmental entity. APPROVAL OF AGENDA The Mayor advised that Item 5 has been removed due to illness of the requestor, and will be placed on the November 13, 2007 agenda. Mr. Minich moved to approve the agenda, as presented, less Item 5. Mr. Hartwell seconded motion. Dr. Pullen amended the motion to reverse the order of Item 20 ( Consideration of a discussion relating to Charter Section 12 with the Council in regard to conducting an investigation into the conduct of the Finance Director, Lisa Absher), and Item 21, ( Consideration of a discussion relating to Charter Section 12 with the Council in regard to conducting an investigation into the conduct of the City Manager, Joyce Shanahan). Mr. Miller seconded motion. 184 Regular Council 10/23/ 07 APPROVAL OF AGENDA ( CONT) The Mayor called for the vote on the motion, as amended, and it failed by a vote of 3 to 4 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, Hartwell, and Minich opposed. The Mayor called for the vote on the motion to approve the agenda as presented, less Item 5, and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. I APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of October 9, 2007; and the Regular Council Meeting of October 9, 2007. ACCEPTANCE OF EASEMENTSHELL - HARBOR CONDOMINIUM PROPERTY Consideration of acceptance of grant of easement from Millenium Real Estate LLC, for sidewalk, drainage and utilities along the north side of Second Street and the west side of Shell Avenue on the Shell Harbor Condominium property. SPECIAL PRESENTATIONS Consideration of request from Okaloosa CDC concerning expenditures for SHIP and HHAP for year 2004- 2005, 2005- 2006, 2006- 2007. This item was removed from the agenda and will be placed on the agenda for November 13, 2007. QUASI- JUDICIAL AGENDA- NUISANCE ABATEMENT. 207 FLORIDA PLACE SE Nuisance Abatement - Staff request authorization to Continue Nuisance Abatement Process demolition of building) at 207 Florida Place, SE, Case 07- 1142. The City Attorney swore in those who planned to testify. Missy McKim, CDS Director, requested Council' s approval to move forward with the nuisance abatement and demolition of the building at 207 Florida Place SE. She advised Staff' s intention is to lien the property for the demolition costs. She reviewed the nuisance abatement process and noted that the owner of the property involved shall have the right to appear before the Council; however, it was noted that neither the owner of the property, or a representative, were present. The CDS Director gave a history of the property dating back to February of 2003, and that the property is deteriorated, is frequented by vagrants, and is unsafe for the general public. Burt Rhodes, Code Inspector, presented a power- point of the property from 2003 to the present. I Council received clarification that the lien of $ 140, 000 will remain on the property after demolition; that the City has been unsuccessful in their attempts to work with and cooperate with the property owner; and that CRA funds are being proposed to demolish the structure.  185 Regular Council 10/ 23/ 07 NUISANCE ABATEMENT (CONT) Dr. Pullen disclosed he has attended some of the Code Enforcement meetings when this property was discussed. The City Attorney inquired, for the record, why Staff believes the property is a nuisance. The CDS Director advised that the building has deteriorated to a point where there are loose, hanging wires; it is accessible through unboarded windows; vagrants live in the building and are burning candles, deeming it unsafe. Mr. Miller moved to demolish the building at 207 Florida Place SE and lien the property for the demolition costs. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING AGENDA- ORD. 1737. REZONING OF 105- 113 MIRACLE STRIP PARKWAY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 105- 113 ( ODD NUMBERS) MIRACLE STRIP PARt<MJAY SW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM DC- 3 COMMUNITY COMMERCIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. The CDS Director advised the following seven ordinances bring the affected properties into zoning compliance with the Comprehensive Plan designation, and that the Municipal Planning Board recommended approval of the proposed ordinances. The Mayor opened the public hearing. There was none. Dr. Pullen moved to adopt Ord. 1737 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1738, REZONING OF 28 MIRACLE STRIP PARKWAY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 28 MIRACLE STRIP PARt<MJAY SW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM DC- 3 COMMUNITY COMMERCIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. r The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1738 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1739, REZONING OF 207 HOSPITAL DRIVE The City Attorney read the ordinance by title only. 186 10/ 23/ 07 Regular Council ORD. 1739 ( CONT) FOR AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING PROVIDING FOR THE REZONING OF AUTHORITY; PROVIDING FOR FINDINGS OF FACT; IN THE BODY OF THE 207 HOSPITAL DRIVE NE MORE PARTICULARLY DESCRIBED ORDINANCE, FROM P- 2 PROFESSIONAL OFFICE DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1739 on first reading. Mr. Minich seconded motion carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and and it Minich in I favor. ORD. 1741, REZONING OF 101 CHICAGO AVENUE SE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 101 CHICAGO AVENUE SE MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM R- NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO R- 2 MULTI- FAMILY DWELLING DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. it Mr. Minich moved to adopt Ord. 1741 on first reading. Mr. Reeves seconded motion and Reeves, Garvie, Pullen, Hartwell, and Minich in carried unanimously with Holmes, Miller, favor. ORD. 1742. REZONING OF 113- 115 CHICAGO AVENUE SE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 113- 115 CHICAGO AVENUE SE MORE PARTICULARLY DESCRIBED IN THE BODY OF