Fort Walton Beach Council agenda — 01-13-09 regular agenda — reading text

TO PAY LITIGATION SETTLEMENT FUNDS; AND PROVIDING AN EFFECTIVE DATE. RES. 08 -55: SUSPENDING FUEL SURCHARGE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUSPENDING THE FUEL SURCHARGE FOR SOLID WASTE PICKUP EFFECTIVE JANUARY 1, 2009 UNTIL FURTHER REVIEW; AND SETTING AN EFFECTIVE DATE. Regular Council 12 -9 -08 69 QUIT CLAIM DEED TO HOLBROOK Authorize the Mayor to execute the quit claim deed to Donald and Lorraine Holbrook for Lot 29, Block A. Donlabrook Gardyns Subdivision. REMOVAL OF FIXED ASSETS Authorization to record in the Council minutes the removal of fixed assets from the City' s accounting records. STRATEGIC PLAN 2008 Adoption of the City of Fort Walton Beach, Florida, Strategic Plan 2008. SPECIAL PRESENTATION Presentation by City' s Community Redevelopment Agency and Greater Fort Walton Beach Chamber of Commerce regarding downtown vagrancy issues. Item was withdrawn from the agenda. CGI COMMUNITY VIDEO PROJECT Presentation by Public Information Officer on CGI Community Video Project. Cam Johnson, PIO, mentioned the City entered into an agreement with CGI Communications to develop ten one -minute videos to be linked to the City' s website. He said the videos will be done free to the City and CGI will offset the cost by getting local sponsorship. He mentioned the ten videos the City will produce include a Welcome, Education, Quality of Life, Real Estate and Relocation, Tourism and Things to Do, Parks and Recreation, Downtown, Dining and Shopping, Economic Development and Community. He said the first four are standard with every community and the final six are ones the City chooses. He said CGI will shoot all the videos and write the scripts and then the City' s IT Division will add a link to the City' s website directing visitors to the videos. He then showed a video from one local community who has already participated in the program to give an idea on how the web links will work and the sponsorship levels available to the businesses. He mentioned as part of the agreement with CGI the City will provide a letter from Mayor Anderson to local business owners outlining the project and its legitimacy. Discussion ensued with objections expressed on endorsing businesses that may not be located in the City limits. Discussion included the belief that the City could make its own videos; that there are local companies that can do the same thing; that the City web site should be an unbiased non -profit government web site; that the videos should be what the City has to offer; that the concept is good but the proper placement is the Chamber of Commerce; and that it is a good idea without the commercialism. Mr. Garvie moved to move forward with a " Quality of Life" video for the City and attempt to terminate the contract with CGI. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). GENERAL PUBLIC Jim Tucker, 590 L' Ombre Court, acting on behalf of the Municipal Planning Board, received an update that the City is working with the County on the consolidation of City' s and the County' s 13th wastewater treatment needs and that City Council will receive a formal presentation on January  Regular Council 12 -9 -08 70 BOARD /COMMITTEE REPORTS Presentation from the City' s Municipal Planning Board. Janet Wilson, Municipal Planning Board Chairman, gave Council a report on the accomplishments of the Board for the past year. RFP ON BURIAL SERVICES Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4.01, Paragraph 4.01. 025 and the Purchasing Policies and Procedures, request authorization to reject all bids from RFP 09 -102 Burial Services for the City of Fort Walton Beach Cemeteries, and re -issue a request for proposal and authorize the City Manager to continue the current contract until a new contract is issued. The City Attorney advised that Council is allowed to reject all bids and reissue it again and it is her recommendation that Council may want to reject and reissue. The Mayor opened the floor for public input. David Chapman owner of Gulf Coast Wilbert mentioned his company has been under contract with the City for the past eight plus years and they have the City' s best interest at heart. He voiced his belief that his company met every single requirement of the RFP, that the scoring system was not fair, that the other bids should have been thrown out, that due diligence was not done, and that his company was the most responsive bidder. He asked that the bid be awarded to Gulf Coast Wilbert because they met all the criteria in the RFP. John Holloway, attorney representing David Chapman with Gulf Coast Wilbert, went over their basis for challenging the bids because none of the other bidders had the required insurance or the ability to perform, that they objected to the way the scoring was done, and the appearance of a conflict of interest with the son of the cemetery supervisor as one of the bidders. He said the City Attorney had given an opinion that she did not believe it was a conflict of interest but she did not address the City' s purchasing policy. The City Attorney stated she issued three opinions regarding a conflict of interest, two were not written, which is why she suggested Council reject all bids and do it over. Mr. Holloway expressed the belief that Gulf Coast Wilbert had the lowest responsive bid, the other bids should have been rejected immediately, and said there is no reason to have the expense of re- bidding when Council already has it in their hands. It was questioned what would change in the RFP if it were to be reissued. The City Manager stated the conflict of interest, the scoring system, and any other issues there may be will cleared up as they move forward. The insurance issue was questioned and the City Attorney explained the company may not have had the insurance at the time they put in the bid but when they enter the contract mode they would have to have it at that time and if not, then the City would go to the next bidder. Greg Frank, Melborne, Florida, employee of Gulf Coast Wilbert, voiced the pride he takes in his work and its importance to the families who have lost a loved one. He expressed that experience far outweighs cost. Regular Council 12 -9 -08 71 RFP ON BURIAL SERVICES Cont. Nick Rogers, Turn Key Vault and Burial Services, said all requirements will be met, they have 15 days to provide the insurance, he has the experience, and people ready to come to work. He said any requirements will be met upon award of the contract. Joyce White, Tim White & Monument Company, commented that experience has a lot of weight and Gulf Coast Wilbert had an advantage over the other two companies that had never submitted a bid before. She mentioned in hindsight they might have been more prepared but if it had not already been done, there is no need to have the City added on the insurance and they have 15 days to provide the insurance. As no one else wished to speak public input was closed. Mr. Minich moved to reject all bids and re -issue an RFP for the Burial Services for the City of Fort Walton Beach Cemeteries and authorize the City Manager to continue the current contract with the Burial Services Contractor until a new contract is issued. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). The City Attorney wished to know from Mr. Holloway if he was going to appeal the City Manager' s decision to disapprove his protest, or wait until it is re -bid. Mr. Holloway stated they will re -bid it. PUBLIC HEARING —ORD. 1777: ABOLISH DRC The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTIONS 13. 203 — 210, DEVELOPMENT PROCEDURES AND ACCOMPANYING TABLES, SECTION 13. 402, AND SECTION 13. 407, PLANNING 101, ORDINANCE 1756, TO ABOLISH DEVELOPMENT REVIEW COMMITTEE AND ESTABLISH PROCEDURES FOR REVIEW OF EXPEDITED AND MINOR DEVELOPMENTS; PROVIDING\ FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Malcolm Foley, Planning & Zoning Supervisor, explained the ordinance will abolish the Development Review Committee from the Land Development Code and stated that review of the site plans will continue. He handed out a detailed flow chart that showed the building permit approval process that will be followed for major, minor, and expedited developments and noted that the Development Services Director will make the recommendations, not staff. He reported the Municipal Planning Board recommended Council adopt the ordinance on first reading. During some discussion there was further clarification that the technical review by the Departments for Code compliance will continue, that anyone can attend the pre -application conference, the difference between a minor and expedited permits is that a minor permit requires more review and will take a little more time; it was noted the ordinance does not call for review by the Public Services Director who is the Department Director over Development Services, and that Table 13 -3 on the major application review and approval process should reflect a public hearing is required if the project is reviewed by the CRA. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed.  Regular Council 12 -9 -08 72 ORD. 1777 cont. The City Attorney referenced lines 447 -449 that states the Development Services Division is under supervision of the City Manager and said Council has the right to delegate the authority to someone other than the City Manager but it is appropriate to give the City Manager the authority she is to have. She mentioned that reference only means that the Development Services Director answers to someone. It was questioned whether step 1 for the pre -application conference would meet all the requirements of the Sunshine Law. The City Attorney said it will not invoke the Sunshine Law and will place responsibility back into the Development Services Division. Mr. Holmes moved to adopt Ord. 1777 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miler absent). PUBLIC HEARING —ORD. 1786: 2007 EDITION OF FL FIRE PREVENTION CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 3. 20. 01 OF THE FIRE CODE TO ADOPT THE 2007 EDITION OF THE FLORIDA FIRE PREVENTION CODE; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, explained the State has adopted the 2007 Edition and it is mandatory for the municipalities to also adopt the 2007 edition. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1786 on first reading.