Fort Walton Beach Council agenda — 11-18-09 regular agenda — reading text

City Manager; Helen Spencer, City Clerk; Brandy Wunker, 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 JeffRouff, Living Hope Church, gave the Invocation. PLEDGE Youth from Living Hope Church led in the Pledge of Allegiance. PROCLAMATION - NATIONAL HOSPICE MONTH The Mayor presented a proclamation to Krista Botop, Account Executive of Emerald Coast Hospice, proclaiming November as National Hospice Month. RECOGNITION - STUDENT ACE AWARDS The Mayor presented the Student Ace Awards to Bryce Greene of Choctawhatchee High School and Yoojin Lee of Fort Walton Beach High School. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Reeves seconded motion and and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller Hartwell absent). CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and I Hartwell absent). Mr. Garvie received clarification on the Motor Vehicle lease for Disaster Transportation. APPROVAL OF MINUTES Council Approval of the minutes of the Special Council Meeting of October 1, 2008, and the Regular Meeting of October 14, 2008. SETTLEMENT VOUCHER AND VOUCHER REDEMPTION To accept Zylon Litigation Settlement Voucher in the amount of $14, 784, as full settlement of the City' s rightsin the matter of Southern States Police Benevolent Association, Inc., et al.vs. First Choice Armor & 10034-NMG. Equipment, Inc., et aI.,US District Court of Massachusetts, Civil Action File No. 06- CV- 36 Regular Agenda 10/ 28/ 08 APPROVAL LAW ENFORCEMENT MEMORANDUM OF UNDERSTANDING To approve a Law Enforcement Memorandum of Understanding ( MOU) by the City of Fort Walton Beach Police Department with the USMS (Marshal' s Service), for overtime reimbursement for providing officers participating in " Operation Orange Crush", authorizing the Police Chief to execute the Memorandum of Understanding. IDENTIFY THEFT PREVENTION PROGRAM To accept the Fort Walton Beach Identity Theft Prevention Program as required by Section 114 of the Fair and Accurate Credit Transactions Act of 2003. DISASTER TRANSPORTATION VEmCLE LEASE RENEWAL To approve renewal of the Motor Vehicle Lease for Disaster Transportation between the City of Fort Walton Beach and Okaloosa County School Board. RES. 08- 52~ ACCEPT FUNDING FOR DUI ENFORCEMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ENHANCED DUI ENFORCEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATE OF ACCEPTANCE; AUTHORIZING THE POLICE DEPARTMENT TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND SEITING AN EFFECTIVE DATE. ADDENDUM WITH TETRA-TECH~DOWNTOWN STRE TSCAPE/ BEAL PARKWAY To approve Addendum # 1 to Contract # FWB07- 127 with Tetra Tech for Engineering Construction Services associated with the Downtown Streetscape and Beal Parkway Neighborhood Gateway Park Improvements Project, in the amount of $24, 980. RES. 08- 50~ ACCEPT FUNDING FOR CRITICAL INFRASTRUCTURE GRANT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE NORTHWEST FLORIDA DOMESTIC SECURITY TASK FORCE CRITICAL INFRASTRUCTURE GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS; AUTHORIZING THE POLICE AND UTILITIES DEPARTMENTS TO OVERSEE THE PROJECT; AND SEITING AN EFFECTIVE DATE. DONATION FROM FRIENDS OF THE LIBRARY Consideration of acceptance of certain pieces of art as a gift from the Friends of the Library subject to conditions of its display and authorizing the City Manager to execute the agreement as outlined in the backup report. This item was withdrawn from the agenda. GENERAL PUBLIC Dr. William Muldoon, 212 SE Gilmore Court off of Brooks Street, requested consideration be given on changing the stop signs on Brooks Street. He mentioned he has tried to work through the matter with City employees and has gotten no response so he decided to bring his request to Council. Tom Murray, Public Services Director, advised any traffic control device will need a traffic study and with recent staff changes his department is backlogged. He mentioned a past engineering analysis resulted in the stop signs being installed, and that Staff will do the necessary traffic studies to determine if the signs need to remain or can be removed.  37 10/ 28/ 08 Regular Agenda BOARD/ COMMITTEE REPORTS Presentation from the City' s Youth Committee. Alan Klem, 9 Kathleen Drive, Fort Walton Beach High School senior, presented the Youth Committee report with an update on their projects for mentoring, recycling, improving parks and teen events. Mr. Klem noted that the Committee is waiting to hear from Tom Rice of Magnolia Grill regarding a proposed pancake breakfast fundraiser on November 22, and that a teen concert is being planned in the spring at the Fort Walton Landing. l QUASI-JUDICIAL PUBLIC BEARING: ORD. 1762~ SOUNDSIDE PUD The City Attorney read the ordinance by title only and gave the oath to those who planned to testify. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA REGARDING A 13. 39+/- ACRE PARCEL IN THE VICINITY OF CARSON DRIVE AND METHODIST AVENUE, FORT WALTON BEACH, AUTHORIZING CURRENT PLAT TO BE VACATED BY FLORIDA; CONCURRENT RESOLUTION; REZONING THE SUBJECT PROPERTY TO THE SOUND SIDE PLANNED UNIT DEVELOPMENT DISTRICT; APPROVING THE PLAT OF SOUND SIDE; APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND ORDER FOR SOUND SIDE, A PLANNED UNIT DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Lloyd Strickland, HomeCorp, Inc., Montgomery, Alabama, requested Council approval. Samantha Abell, Senior Planner, stated the Soundside is an affordable housing development, went over the of fact on the findings of the request, advised there were no changes to the staff report appropriateness since first reading, and submitted the staff report into the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. The City Attorney reminded Council that during the October 14 Council meeting, the comments of the DRC were submitted into the record and noted for the record that the members of the DRC were present thisevening;{The advised there has been a question raised regarding the waiver of fees and City Attorney asked Ms. Abell if there were any comments in the staff report regarding the waiver of fees. Ms. Abell replied there was not. Mr. Minich moved to adopt Ord. 1762 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). QUASI-JUDICIAL PUBLIC HEARING: RES. 08- 36~REPLAT OF NEW GERMANY ADDITION The City Attorney read the resolution by title. THE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, VACATING GERMANY ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 60 OF THE REPLAT OF NEW OFFICIAL RECORDS OF OKALOOSA COUNTY FLORIDA; AND SETTING. AN EFFECTNE DATE. on the previous The City Attorney advised Res. 08- 36 accompanies Mr. Strickland' s application ordinance and completes the application. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Res. 08- 36. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvi~, Pullen, and Minich in favor (Miller and Hartwell absent). 38 Regular Agenda 10/ 28/ 08 PUBLIC HEARING: ORD. 1783~ REMOVE INAPPLICABLE PROVISION The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY AND INTENT; AMENDING SECTION 15 OF THE CITY CHARTER TO REMOVE ARCHAIC AND INAPPLICABLE PROVISION THAT WAS NULLIFIED AND REPEALED BY THE HOME RULE POWERS ACT OF 1973; AND PROVIDING AN EFFECTIVE DATE. The City Attorney advised this ordinance removes the reference to civil service employees from the Charter as discussed and determined during the City Charter review. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Holmes moved to adopt Ord. 1783 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). PUBLIC HEARING: ORD. 1782~ COUNCIL MEETING DATES AND TIME The Mayor read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 2. 01. 03 OF THE CODE OF ORDINANCES REGARDING MEETING DATES AND TIM:E FOR CITY COUNCIL MEETINGS; AND SETTING AN EFFECTIVE DATE. The City Attorney informed this ordinance changes the provision to allow Council to meet at 6 pm instead of 7 pm, and also allows them to meet on any other days of the month as deemed necessary by Council. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1782 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). FUTURE AGENDA ITEMS The City Manager pointed out the review of the lien process has been added as a Future Agenda Item at a date to be determined. CURE PLAN FOR POSSIBLE SUNSHINE VIOLATIONS/DRC COMMITTEE Consideration of plan and method to cure possible Sunshine Violations by the Development Review