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

Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING —ORD. 1787: FALSE ALARMS - The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA RELATING TO FIRE ALARM SYSTEMS; AMENDING SECTION 8. 02. 11, RULES FOR USE; AMENDING 8. 02. 12, FALSE ALARMS, TO RAISE FINE AMOUNTS FOR FALSE ALARMS AND TO AUTHORIZE FINES AGAINST FIRE ALARM CONTRACTORS, SPRINKLER CONTRACTORS, EMPLOYEES OF SUCH CONTRACTORS, OR ENTITIES LICENSED TO PERFORM MAINTENANCE OR TESTING OF ALARM SYSTEMS; ADDING PROVISIONS FOR APPEALS; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, explained the current false alarm penalties have been ineffective in that there has been an increase in the number of false alarms. He said it will apply to the building owners and the alarm companies that fail to notify dispatch that they are working on the alarm and it is hoped that more stringent fines will get their attention. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Regular Council 12 -9 -08 73 ORD. 1787 coat. Mr. Minich moved to adopt Ord. 1787 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). PUBLIC HEARING —ORD. 1788: GENERAL EMPLOYEES' RETIREMENT PLAN The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17 -21. 1 TO PERMIT INVESTMENT IN MUTUAL FUNDS; AMENDING SECTION 17 -12. 1 TO PERMIT THE AGGREGATE OF THE INVESTMENT IN CAPITAL STOCK OF ANY ONE ISSUING COMPANY TO NOT EXCEED, AT COST, 65% OF THE ASSETS OF THE FUND; AMENDING SECTION 17 -21. 1 TO REMOVE REFERENCE TO THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Finance Director explained the ordinance addresses inconsistencies between the investment policy and the Plan document. She said the ordinance will amend the Plan document to allow for mutual fund investments which is currently being used, limit the equity securities target at 65% which is currently being used, and remove the obsolete reference to the Federal Savings and Loan Insurance Corporation ( FSLIC). The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopted Ord. 1788 on first reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller absent). FUTURE AGENDA ITEMS It was noted that the flow chart of the Development Review process was previously discussed and will be dropped as a future agenda item. Council will receive a white paper on the lien process along with recommendations from staff and the City Attorney; and a Pension Fund Training Session will be held for Council after the April election. The City Attorney mentioned the Attorney General' s Opinion was received late this afternoon which basically said that Council can make the changes to the Charter ( abolish the offices of Recorder and Finance Director) by ordinance. The City Attorney will prepare ordinances on the Charter revisions for consideration at the January meeting. DOWNTOWN STREETSCAPE AND GATEWAY PARK IMPROVEMENTS 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 award Bid 09 -104, Downtown Streetscape and Gateway Park Improvements, to the low, responsive, responsible bidder meeting bid specifications, ValleyCrest Landscape Development, Inc., of Santa Rosa Beach, FL, for the bid amount of $1, 263, 814. 88.  Regular Council 12 -9 -08 4 DOWNTOWN STREETSCAPE AND GATEWAY PARK IMPROVEMENTS cont. Christy Johnson, Principal Planner, reported that staff and the CRA recommend award of the bid to ValleyCrest Landscape Development, Inc. of Santa Rosa Beach, FL for the bid amount of documents; and authorize the 1, 263, 814. 88 and authorize the City Manager to execute contract City Manager to execute individual change orders up to $ 20,000 not to exceed 10% of the contract. Mrs. Johnson also reported that a downtown business owner, Doug Reed, has taken on the project of obtaining the business owners participation with installation of the pavers from the property line to the storefront so that the work can all be done by the same contractor. Mrs. Johnson further explained that a single award was recommended because a split award would require twice as much contract administration and coordination by the City, and following the responsibility check it was apparent that the other company had problems with timeliness. She mentioned they are ready to have a preconstruction conference with the contractor on December 16th for construction to begin after the first of the year and completion within 90 days. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Reeves moved to award Bid 09 -104, Downtown Streetscape and Gateway Park Improvements, to ValleyCrest Landscape Development, Inc. of Santa Rosa Beach, FL, for the bid amount of $1, 263, 814. 88; to authorize the City Manager to execute contract documents; and authorize the City Manager to execute individual change orders up to $ 20,000 not to exceed 10% of the contract. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). MOA BETWEEN CITY AND STATE Consideration of a Memorandum of Agreement between the State and the City, making the City responsible for maintaining hardscape and landscape improvements within the Miracle Strip - ay downtown, in association with the proposed Downtown Streetscape Parkway right -of w Improvements project. Tom Murray, Public Services Director, explained in order for the City to make improvements - ay the City has to agree to continue to maintain those improvements. He within the State right -of w mentioned there are several agreements in place in various locations in the City of the same nature. Mr. Minich movedapprove the Highway Landscape Maintenance Memorandum of to Agreement between the State and the city for the downtown streetscape improvements, and authorize the Mayor to execute the Memorandum of Agreement. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). AFFORDABLE HOUSING AUTHORITY COMMITTEE ( AHAC) REPORT Consideration of the Okaloosa County /City of Fort Walton Beach Affordable Housing Advisory Committee 2008 Incentive Review and Recommendation Report. Missy McKim, Development Services Director, reported that the Affordable Housing Advisory Committee ( AHAC) is required to recommend specific actions or initiatives to encourage or facilitate affordable housing. She reported the group met and developed a 2008 Incentive Review and Recommendation report for the County and the City on affordable housing. Regular Council 12 -9 -08 75 AHAC REPORT coat. Ms. McKim said the report requires that the City and the County individually review the incentives and recommendations within the next 90 days and make a decision on whether or not they want to follow the recommendations. She said the report will come back to Council to review each of the recommendations and make a decision but right now it is just being presented as part of the requirement in order to receive SHIP funds. Patti Sunnerborg, Okaloosa County Partners, stated they are simply submitting the report to Council then in 90 days when she writes the Local Housing Authority Plan she will ask for approval. She said they are only asking Council tonight to accept the recommendation report to look at. She also mentioned that Ms. McKim has been invaluable with knowledge about the Comprehensive Plan and the land uses and former Mayor Glover has been a great asset. She stated the CDBG program is working great, they are about to spend the rest of the CDBG funds, and the program fell in nicely with what they do on a daily basis. She mentioned the new Neighborhood Stabilization (NS) funds coming from HUD with the County to receive $ 3. 1 million. She said the RFPs will be released and they are going to apply to administer part of those funds that must go for foreclosed properties, either multi -family or single family, and $ 1. 2 million must go for the very low income and extremely low income, for rental activity. The Okaloosa County /City of Fort Walton Beach Affordable Housing Advisory Committee 2008 Incentive Review and Recommendation Report was accepted for review. HISTORIC SITE APPOINTMENT Consideration of appointment to the Historic Sites and Structures Advisory Board for a four -year term until December 9, 2012. The City Clerk reported Mr. Bynum is willing to serve another four -year term and there are no other applications on file. Mr. Minich nominated Brad Bynum. The Mayor called for the vote on the nomination to re- appoint Brad Bynum, 82 Waynel Circle, to the Historic Sites and Structures Advisory Board for a four -year term from December 9, 2008 until December 9, 2012 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). COUNCIL REPRESENTATIVE ON CHAMBER OF COMMERCE BOARD Consideration of Council appointment to the Chamber of Commerce Advisory Board for the calendar year 2009. The City Clerk reported that Mayor Anderson is the incumbent representative and Bill Garvie is the incumbent alternate. Mr. Minich nominated Mayor Anderson as the Council Representative and Bill Garvie as the alternate Representative. The Mayor called for the vote on the nomination to re- appoint Mayor Anderson as the representative and Bill Garvie as the alternate on the Chamber of Commerce Board from January 1, 2009 until December 31, 2009 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent).  Regular Council 12 -9 -08 76 COUNCIL REPRESENTATIVE ON HEADSTART BOARD Consideration of Council appointment to the Headstart Board for the calendar year 2009. The City Clerk reported that Dr. Pullen is the incumbent representative and Mike Minich is the incumbent alternate. Mr. Minich nominated Dr. Wayne Pullen as the Council Representative and himself as the alternate. The Mayor called for the vote on the nomination to re- appoint Dr. Wayne Pullen as the representative and Mike Minich as the alternate on the Headstart Board from January 1, 2009 until