Fort Walton Beach Council agenda — 09-28-2010 Regular — reading text

BODY OF THE ORDINANCE, TO BE REZONED FROM OKALOOSA COUNTY RSS ( RESIDENTIAL SUBURBAN SINGLE) TO CITY OF FORT WALTON BEACH R -1 ( SINGLE FAMILY) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Michael Beedie, Utilities/Engineering Director, stated nothing has changed since first reading on the City initiated rezoning. He submitted the staff report for the record.  Regular Council 9 -14 -10 PUBLIC HEARING: ORD. 1828 —REZONE 600 & 602 MOONEY ROAD NE cont. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1828 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. PUBLIC HEARING: ORD. 1829 —REZONE 8 & 10 WEDGEWOOD LANE NE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 8 WEDGEWOOD LANE NORTHEAST AND 10 WEDGEWOOD LANE NORTHEAST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO BE REZONED FROM OKALOOSA COUNTY RSS ( RESIDENTIAL SUBURBAN SINGLE) TO CITY OF FORT WALTON BEACH R -lA ( SINGLE FAMILY) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABIILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Michael Beedie, "Utilities/Engineering Director, stated nothing has changed since first reading on the City initiated rezoning. He submitted the staff report for the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1829 on second reading. Mr. Nabors seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. PUBLIC HEARING: ORD. 1830 —REZONE 648 COUNTRY CLUB AVENUE NE The City Attorney read the ordinance on second reading by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 648 COUNTRY CLUB AVENUE NORTHEAST, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO BE REZONED FROM OKALOOSA COUNTY RUS ( RESIDENTIAL URBAN SINGLE) TO CITY OF FORT WALTON BEACH R -1A SINGLE FAMILY) ] DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Michael Beedie, Utilities/Engineering Director, stated nothing has changed since first reading on the City initiated rezoning. He submitted the staff report for the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Reeves moved to adopt Ord. 1830 on second reading. Mr. Nabors seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. PUBLIC HEARING: ORD. 1831— REZONE 1564 PERCY COLEMAN ROAD The City Attorney read the ordinance on second reading by title. Regular Council 9 -14 -10 PUBLIC HEARING: ORD. 1831— REZONE 1564 PERCY COLEMAN ROAD cont. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY DESCRIBED AS 1564 PERCY COLEMAN ROAD, MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, TO BE REZONED FROM OKALOOSA COUNTY RGD RESIDENTIAL GENERAL DEVELOPMENT) TO CITY OF FORT WALTON BEACH CF COMMUNITY FACILITIES) DISTRICT; PROVIDING FOR THE AMENDMENT OF THE AFFECTED PORTION OF THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Michael Beedie, Utilities/Engineering Director, stated nothing has changed since first reading on the City initiated rezoning. He submitted the staff report for the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minch moved to adopt Ord. 1831 on second reading. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. TENNIS CENTER CONTRACT Jeff Peters, Recreation/ Cultural Services Director, explained the contractor, Erik Stenberg, has exercised the option to renew for one ( 1) three ( 3) year period under the existing terms and conditions. Council received further clarification that the City pays $ 10,000 annually for all charges for utility service and the Contractor reimburses the City for the cost in excess of $ 10, 000; that the City is to receive an annual payment equal to 50% of gross revenues over a base revenue of $50,000, but the contractor has not gone over $ 50,000; that the Contract before Council is the contract that was approved in 2007; that it is up to Council to accept the contract or to negotiate, but it depends on whether or not the contractor will negotiate; that the City does control the fees at the tennis center; and if the fees are increased the base revenue amount of $ 50,000 will increase proportionally. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. Mr. Minich moved to authorize the City Manager to execute the proposed Tennis Center Contractor Agreement between Erik Stenberg and the City of Fort Walton Beach to continue to manage the operation of the Municipal Tennis Center for a period of three years from October 1, 2010 through September 30, 2013. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. COLLECTIVE BARGAINING AGREEMENT IAFF Local 2601 Firefighters and Battalion Chiefs Collective Bargaining Agreements, October 1, 2010 — September 30, 2013. Mike Dutton, Fire Chief, stated before Council is the Union ratified contract between the City and the Rank and File and Battalion Chiefs' Bargaining Units of IAFF Local 2601 for three ( 3) years with no step, merit or COLA increases in the first year; in year two (2) and three ( 3) of the agreement either party may re -open for negotiations any two articles. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. Mr. Minich moved to authorize the City Manager to execute both Collective Bargaining Agreements between the City of Fort Walton Beach and the Rank and File and the Battalion Chiefs' Bargaining Units of IAFF Local 2601. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor.  Regular Council. 9 -14 -10 CITY MANAGER REPORTS The City Manager mentioned that this Friday is the United Way Day of Caring and the City has 11 volunteers who will help, and there are three projects that will be done in the City. MAYOR/ COUNCIL. COMMENTS Mr. Holmes mentioned the TPO meeting this Thursday at 3: 00 p.m. in Niceville and said it is important there be a quorum at that meeting. The Mayor mentioned. the Florida League of Cities is pursuing the energy environmental quality issue and he will also ask the Florida League of Cities to support the Brownfield issue. He said the golf tournament on Labor Day was a success; there will be a Gulf Coast Recovery workshop from 9: 00 — 4: 00 at the Conference Center; there will be a mentoring telethon on Saturday from 12: 00 —6: 00 at the Mall. The Mayor mentioned he was asked by Roy Jones, Jr. to endorse a School Program which is a program to bring attention to childhood obesity. He asked Council whether or not the City should endorse such a program. As there were a number of questions that needed answers it was agreed that the Roy Jones, Jr. Schools Program, will be added as an agenda item for the next regular meeting. The Mayor offered his perception on the budget process. ADJOURNMENT Being no further business, the meeting adjourned at 7: 20 pm APPROVED: MAYOR: ATTEST: CITY CLERK ddm Date completed: 9 -16 -10  CITY COUNCIL MEETING September 28, 2010 Consent Agenda PAWS Contract for Services Synopsis: Provides animal control services forfiscal year 2010 -I1 in the amount of $87, 787 Agenda Item Number: 8. 2  07 - 10 PO1: 34 OUT CONTRACT FOR SERVICES October 1, 2010 —September 30, 2011 THIS CONTRACT, made and entered into this day of , 2010 between the Panhandle Animal Welfare Society, Inc., (hereinafter referred to as " PAWS ") and the CITY OF FORT WALTON BEACH, FLORIDA hereinafter referred to as " City "). Witness: WHEREAS, the parties do agree that the purpose of this contract is to establish PAWS as the administrative and enforcement agency for any Okaloosa County Animal Control Ordinances, City Ordinances and applicable Florida statutes pertaining to animals; NOW, THEF:EFORE, in consideration of the covenants and agreements herein contained, the parties hereto agree as follows: 1. The City will pay the annual suns of $87,787.00 a Fiscal Year to be disbursed in quarterly payments of $: 21, 946.75. Such annual amounts are based on a per capita division of costs among local governments which contract for PAWS services. Payment shall be made upon receipt of a quarterly statement submitted by PAWS to the City. 2. Impound fees collected by PAWS pursuant to this contract shall be retained by PAWS to assist in offsetting the cost to the City of animal control. In the event that impound fees collected by PAWS during the term ofthis Contract exceeds the total budget established by PAWS in any fiscal year for animal control, PAWS shall pay a portion of the excess collections based upon a per capita division among those local governments that contract for PAWS services during each fiscal year. PAWS agrees within ninety (90) days after the completion of each approved fiscal year of this contract to provide the City an audit of animal control income and expenses performed by an independent certified accountant. 3. PAWS shall not be responsible for the removal of dead animals on public property or public right of way. Dead animals on private property may be picket) up