Fort Walton Beach Council minutes — 11-13-07 regular minutes — reading text

tJ PUBLIC HEARING - ORD. 1743: REZONE 3 MAPLES STREET NW The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, PROVIDING FOR FINDINGS OF FACT, PROVIDING FOR THE REZONING OF 3 MAPLES STREET NW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE FROM R- NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO R- 1A SINGLE FAMILY DWELLING DISTRICT; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1743 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). PUBLIC HEARING - ORD. 1744: REZONE 4 HOLMES BOULEVARD NW The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY, PROVIDING FOR FINDINGS OF FACT, PROVIDING FOR THE REZONING OF 4 HOLMES BOULEVARD NW MORE PARTICULARLY DESCRffiED IN THE BODY OF THE ORDINANCE FROM R-NC RESIDENTIAL NEIGHBORHOOD COMMERCIAL DISTRICT TO C- 1 LIMITED COMMERCIAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1744 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). PUBLIC HEARING - ORD. 1746: mSTORIC SITES & STRUCTURES ADVISORY BOARD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE HISTORICSITES AND STRUCTURES ADVISORY BOARD; PROVIDING FOR AUTHORITY; AMENDING SECTION 2. 09.02, COMPOSITION, HISTORIC SITES AND STRUCTURES ADVISORY BOARD, AMENDING SECTION 12.100. 012, REVIEW, APPROVAL OF APPLICATION FOR DESIGNATION OF A HISTORIC SITE OR STRUCTURE; AMENDING SECTION 12. 100. 013, REGARDING RENOVATIONS, RECONSTRUCTION OR ADDITIONS TO DESIGNATED SITE OF STRUC1URE; ADOPTING SECTION 12. 100. 02 ENTITLED PARTICIPATION IN THE FLORIDA NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS; AMENDING SECTION 12. 100. 03, REGARDING ARCHAEOLOGICAL RESOURCE REVIEWS; ADOPTING SECTION 12. 100.09 ENTITLED INVENTORY OF HISTORIC SITES AND STRUCTURES; RESOLVING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.  Regular Council 11- 13- 07 207 ORD. 1746 cont. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1746 on second reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). FUTURE AGENDA ITEMS r There was consensus of Council to follow the City Manager' s suggested schedule to begin review of the Charter at Special Workshop meetings beginning February 19, 2008 and continuing on the third Tuesday of March, April, and May 2008 for the review of the Establishment and Legislative Sections in February, review of the Administration Section in March, review of the Finance Procedures in April, and review of the Miscellaneous Provisions in May. RES. 07- 06: DEFEASE CITY' S 2005D BONDS The Mayor read the resolution by title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE PAYMENT OF A LOAN MADE WITH THE FLORIDA MUNICIPAL LOAN COUNCIL; APPROVING THE EXECUTION AND DELNERY OF AN ESCROW DEPOSIT AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION WITH SUCH DEFEASANCE; AND PROVIDING AN EFFECTNE DATE. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Garvie moved to adopt Res. 07- 06 subject to the final approval of the Bond Attorney and the City Attorney. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). OUTSOURCING UTILITY BILLING Pursuant to Volume 2, Chapter 4, Section 4. 01, Paragraph 4.01.025 Fort Walton Beach Code of Ordinances and Section 4, Paragraph I of the Purchasing Policies and Procedures, request City Council find that it is in the best interest of the City to use the competitive bid Atlantic Beach, Florida, and award the Outsourcing Utility Billing to Arista Information Systems, Inc., Duluth, Georgia, for a period of one year, with two ( 2) one year options at the City' s discretion and subject to budget and appropriations, at the unit prices provided in the RFP, and authorize the City Manager execute the contract upon approval by the City Attorney. If approved a future budget amendment will be necessary. The Mayor opened the floor for public input. As no one wished to speak the public input was closed. Mr. Miller moved to find it in the best interest of the City to use the Atlantic Beach, Florida competitive bid and award the Outsourcing Utility Billing to Arista Information Systems, Inc., Duluth, Georgia for a period of one year with two ( 2) one year options at the City' s discretion and subject to budget and appropriations at an anticipated annual cost of $53, 000. 00, and authorize the City Manager to execute the contract upon approval by the City Attorney. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). AWARD STATE LEGISLATIVE SUPPORT SERVICES Pursuant to Volume 2, Chapter 4, Section 4. 01, Paragraph 4. 01.025 Fort Walton Beach Code of Ordinances and Section 4, Paragraph I of the Purchasing Policies and Procedures, request authorization to award RFP 08- 102, State Legislative Support Services, to the top ranked firm, the Advocacy Group at Tew Gardens, LLC for a fee not to exceed $40, 000. Ted Litschauer, Police Chief, reported the committee reviewed and interviewed all six of the firms and based upon the combined ranking preference the top firm was The Advocacy Group at Tew Gardens.  Regular Council 11- 13- 07 208 STATE LEGISLATIVE SUPPORT SERVICES cont. It was questioned if the City would pay for the hours and expenses of the firm. The City Manager explained it will be a flat fee contract for all the Scope of Services listed in the RFP. The Mayor opened the floor for public input. As no one wished to speak the public input was closed. Mr. Garvie moved to award RFP 08- 102, State Legislative Support Services, to the top ranked firm, the Advocacy Group at Tew Gardens, LLC for a fee not to exceed $40, 000. Mr. Minich seconded motion. During discussion the return on the investment for the use of lobbying services was questioned. It was noted the City engaged a lobbyist for the single effort on the communication tax issue and was very successful in getting i'" legislation passed that benefited the City, and the firm can identify grant opportunities for the City and help formulate grant proposals so they will be approved by the legislators. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). FDEP CONSENT ORDER Consideration of a request to accept the terms of the settlement offer identified in FDEP' s letter dated October 26th, 2007, to resolve the matter concerning the domestic wastewater collection/transmission system connecting Studio Townhomes Phase III, located at 102 and 104 Church Avenue SE, to the City' s wastewater treatment plant. If approved, staff requests authorization to proceed with payment of the $ 600.00 civil penalty to resolve this FDEP Consent Order. John Hofstad, Utilities Director, recapped the situation and explained the required FDEP approval was never obtained to place the Phase III sewer main into service for a townhome development that was completed in 2002, which resulted in the administrative penalties that have to be settled. He also mentioned that the process has been changed in which to track developments to insure a situation such as this does not arise again. It was questioned whether the City Manager had authority to pay the amount without it being brought to Council. The Utilities Director noted the short term consent order through DEP has to be executed in order to resolve the compliance issue. The City Attorney noted Council is actually settling possible litigation and it is before Council because only Council can settle litigation. It was commented that it appeared to be a management overview issue with all the approval processes. Mr. Minich called a point of order stating it is a time for questions for clarification. The question was asked how the problem will be prevented in the future. The Utilities Director explained how the process is now tracked through the CDS Department that uses a check list for each step before a certificate of occupancy is issued. The Mayor opened the floor for public input. As no one wished to speak the public input was closed. Mr. Minich moved to authorize the City Manager, or the City Manager' s designee, to accept the terms of the settlement offer identified in FDEP' s letter, dated October 26, 2007, to resolve the matter concerning I. I the domestic wastewater collection/transmission system connecting Studio Townhomes Phase In, located at 102 & 104 Church Avenue SE, to the City' s wastewater treatment plant; and to proceed with payment of the $600.00 civil penalty to resolve the FDEP Consent Order. Mr. Holmes seconded motion. During brief discussion it was commented that the new system in place needs to track these issues so there are no surprises; and it was questioned whether it would still need to come before Council if the fine were only 15. 00. The City Manager explained because of the nature of the agreement, it is a Consent Decree being signed that states the City will waive any future issues and it is a settlement of potential litigation. The Mayor called for the vote on the motion and it carried unanimously