Fort Walton Beach Council agenda — 10-27-2009 - regular — reading text

HEARING: ORD. 1.796 - SUNDAY ALCOHOL SALES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 9. 01. 04, HOURS FOR SALES ( OF ALCOHOLIC BEVERAGES); RESOLVING SEVERABILTTY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie announced a conflict of interest and would abstain from the vote. Mr. Reeves moved to approve Ord. 1796 on first reading. Mr. Holmes seconded motion and it carried ) unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor ( Miller absent, Garvie abstained). PUB_ LIC HEARING: ORD. 1815 —BUILDING, CONSTRUCTION & FIRE CODES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 3, BUILDINGS, CONSTRUCTION & FIRE CODES, OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Tim Bolduc, Building Official, reviewed the changes made to the code. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to approve Ord. 1815 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). HISTORIC SITES BOARD APPOINTMENT Appointment to the Historic Sites and Structures Advisory Board. The City Clerk noted Don Panzenhagen resigned from the Historic Sites Board upon his appointment to the Municipal Planning Board which left a vacancy for an unexpired term until October 23, 2010. She confirmed membership is not limited to City residents. Mr. Reeves nominated Katherine Krueger. The Mayor called for the vote on the nomination to appoint Katherine Krueger, 455 Sandmore Shore Drive, Mary Esther, to the Historic Sites and Structures Advisory Board to fill the unexpired term from October 13, 2009 until October 23, 2010 and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). HISTORIC SITES REPRESENTATIVE TO THE VISION PLAN COMMITTEE Appointment of Historic Sites and Structures Advisory Board representative to the Vision Plan Stewardship Committee. Mr. Holmes nominated James Thoreen to serve as the Historic Sites representative for the length of his term until September 10, 2011. The Mayor called for the vote on the nomination to appoint James Thoreen, 33 Anastasia, to serve as the Historic Sites and Structures Advisory Board representative on the Vision Plan Stewardship Committee for the length of his term until September 10, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). 2- Regular Council 10 -13 -09 13 HOUSING AUTHORITY Request from Fort Walton Beach Housing Authority to refund the FYE June 30, 2009 PILOT payment in the amount of $24;021. 49. The Finance Director reported the Housing Authority is requesting a refund of $24, 021. 49 for the fiscal year ending June 30, 2008 payment in lieu of taxes and staff is requesting direction." The Mayor opened the floor for public input. AS no one wished to speak public input was closed. During discussion on the computation of the refund amount it was noted that the amount has increased over the years, that 200 more.units are going to be built which will cause that amount to increase, it was suggested in the future that Council consider placing a cap on the refund amount; and it was noted that Council determines the amount, if any, that is refunded. Mr. Garvie moved to waive the PILOT payment (payment in lieu of taxes) and grant a refund to the Fort Walton Beach Housing Authority for the Fiscal Year Ending June 30, 2008 PILOT payment in the amount of $ 24, 021. 49. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Miller absent). REVIEW OF LEASES Review of Leases for Playground Gem and Mineral Society and Playground Amateur Radio Club. Playground Gem and Mineral Society The City Manager reported that the lease for the Playground Gem and Mineral Society, located at 17 First Street, expires October 30, 2009; it was last leased for ten years on November 1, 1999, rent is $ 1. 00 per year, lessee performs maintenance, pays utilities, and is self -sustaining. He said the leased area contains 885 sq. ft. with an estimated fair market rental value per the Property Appraiser' s assessment of $3. 50 to $ 4.50 per sq. ft. or between $3, 100 and $ 4,000 per year; the Playground Gem and Mineral Society use is permitted in the CF zoning district. He reported they request a five year lease at $ 1. 00 per year and they will pay the utilities. The Mayor opened the floor for public input. Betty Kentosh, Playground Gem and Mineral Society, discussed how the Society provides educational opportunities by giving lectures at the schools, help the Boy Scouts with their merit badges, offer entertaining programs in the sciences of mineralogy, ecology and the lapidary arts, and provide classes in the Lapidary Arts and promote the hobby of rock collecting. Allen Weston, Vice -President, clarified the arrows on the application referred to information on the backside of the paperwork in response to the questions. As no one further wished to speak public input was closed. Discussion was held on the desire for the Society to increase their outreach to the community with information that they are an educational resource available for classroom presentations and/ or student tours; and the desire for additional information such as the number of classroom visits made each year, the number of times the Society has helped the Boy Scouts with merit badges, the number of snowbird visitors, and any other information on the educational benefits to the City. Council expressed reluctance to renew the lease for a five year period without additional information on the benefits to the City. The City Attorney said since Council wishes additional information, the item can be continued, the lease would be extended on a month to month basis, then brought back with more information if the Society can provide that information. Mr. Nabors moved to extend the lease with the Playground Gem and Mineral Society for one year with them to return with quantitative data as to the number of people in the Society, number of transient visits, and number of civic /community shows or educational programs. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Miller absent). 3-  Regular Council 10 -13 -09 14 Playground Amateur Radio Club The City. Manager reported that the lease for the-Tlayground Amateur Radio Club, located at 17 First Street, expired July 30, 2009; it was last leased for ten years on August 1, 1999, rent is $ 1. 00 per year, the lessee performs maintenance, and in March the lease was enforced for the first time and the lessee was required to pay utilities as required by the lease. He said the leased area contains 13054 square feet with an estimated fair market rental value per the Property Appraiser' s assessment of $3. 50 to $ 4.50 per sq. ft. or between 3, 700 and $ 4,750 per year; the Playground Amateur Radio Club use is permitted in the CF zoning district. He said the Radio Club is requesting rent of $1. 00 per year for a term of ten. years and asks that the City provide relief from utility costs they are required to pay ( approximately $ 1, 350 a year) pursuant to the current lease; and access to or additional installation of thermostat controls for its leased space. He said additional installation of a control unit is not feasible per the City' s Facilities Maintenance staff and access to the controls will be discussed by staff with the other tenants of the building. The Finance Director reported she spoke with the Facilities Maintenance staff and was told it is not feasible to provide a thermostat for the Club but they could speak with the other tenants to see if the Club could get access to the thermostat. The City Manager clarified that the utilities payment is prorated per square foot: The Mayor opened the floor 'to the public Steven McCarter, Club President, discussed how the Radio Club is a hobby; they have a station at the facility; they provide various services; their mission is mainly emergency communications; that the FCC requires they provide a ready pool of radio operators in emergencies which they have provided to the City and the County for many years; they have a seat at the County EOC, and have dealt with the City Fire Department as an EOC partner; they provide testing services and hold club meetings- at the facility; and they sponsor scholarship activity and give away awards at science fairs and such. He addressed the issue of the thermostat and said the Arts & Design Society has the thermostat on their side of the wall but they are not always in the building at the same time as the Club so it is difficult to adjust the temperature to a comfortable level. He thought they could work out a time with the Arts & Design to get access to the thermostat. He addressed the payment of utilities and said as an Amateur Radio Club they cannot charge for the services they provide so it is difficult to raise money to pay for anything beyond the usual cost of running the club. He said the payment of approximately $ 150. 00 a month for utilities would present a financial hardship for the Club. Questions were asked about the number of members in the Club, about the seat at the County EOC, and whether they have explored other locations. Mr: McCarter replied membership varies but there are approximately 50 members. He said they occupy a seat ES02 and have a small radio room in the back of the EOC, and they also have a. radio installed at the City EOC in a cubicle in the Detectives offices. He said they have discussed other locations and have put out the word to the members and other groups. He explained they have a significant infrastructure installation at the facility, a 45' tower with a fairly large antenna and cables running through the building, so to move from the location would present an entirely different set of hardships and does represent a significant cost in infrastructure. He said they also have three or four repeaters located around the County in various locations and said all the infrastructure is paid for out of their pocket. Questions were asked on the number of meetings held and number of members who attend; whether they provide emergency communications during hurricanes; whether they are a part of MARS; and whether they reach out to the youth community. Mr. McCarter replied they hold meetings twice a month with a turnout of around 30 members; described how they have provided emergency communications during hurricanes and have deployed members to other areas; that MARS is affiliated with them but