Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

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 ALCOHOLLIC BEVERAGES); RESOLVING SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The City Manager gave some background on the ordinance and advised that nothing has changed since first reading. The City Attorney confirmed that no alcoholic beverages may be sold between the hours of 4:00 am and 7: 00 am. Discussion included that this ordinance will bring the City in line with neighboring communities in regards to alcohol sales. The Mayor opened the public hearing. Brian Rosales, 412 Holmes Blvd., advised one possible reason that alcohol sales is prohibited between the hours of 4:00 am and 7:00 am is because of school busses on the road during those hours, and the heavy amount of work traffic. Chris Gibson, 249 Brooks Street, stated her feeling this will encourage the vagrants and the homeless and make the problem of vagrancy worse than it is now. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie announced a conflict of interest and would abstain from the vote. 7- Wei, Regular Council October 27, 2009 ORD. 1796 ( CONT) Mr. Nabors moved to adopt Ord. 1796 on second reading. Mr. Reeves seconded motion and it carried by a vote of 5 to 1 with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor.and Miller opposed ( Garvie abstained). ORD. 1815, AMENDMENT TO 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, advised there have been no changes since first reading. The Mayor opened the public hearing. There was none. Mr. Holmes moved to adopt Ord. 1815 on second reading. Mr. Rynearson seconded motion and it carried . unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPROVAL OF. CIP TO EXTEND NEW WATER MAINS AT PROPOSED JUDICIAL CENTER Request City Council approval of a Capital .Improvement Project to extend a new 8 -inch and 10- inch water main to the proposed Okaloosa County Judicial Center at the Fairgrounds, and whether the County should be assessed the costs. This item was postponed until the December 8, 2009 Council meeting. EMERGENCY REPAIRS TO PUMP STATION # 1 Award of bid for pipe lining and manhole rehabilitation for the emergency repairs to Pump Station # 1. John Hofstad, Utilities Director, advised that Pump Station # 1 located on Robinwood Drive experienced a total failure of the 36" cast iron influent gravity main due to the heavy rainfall, and that a bypass line of 10" has been used to re -route sewage around the damaged section of the pipe. Mr. Hofstad informed it is imperative that the City secure contractor services to make repairs to the damaged section of the gravity main as soon as possible, and Staff has contacted three area underground contractors capable of performing the work required. Mr. Hofstad reported since the Staff Report was written, he has secured additional quotes that are cheaper for the bypass pump, and because of the urgency of the repair, requested the formal bid process be waived and to award to the three lowest vendors, SBP /PCC of Pensacola, Davis Marine of Pensacola, and Holland Pump of Pensacola in an amount up to 67, 000, which will cover the cost of the repairs. Mr. Reeves moved to waive the formal bid process and award to the three lowest vendors, SBP /PCC of Pensacola, Davis Marine of Pensacola, and Holland Pump of Pensacola in an amount up to $ 67,000, to cover the cost of repairs to Pump Station # 1. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Hofstad advised the repairs can be done in 10 days or less. 8-  29 Regular Council October 27, 2009 CITY MANAGER REPORTS The City Manager discussed the 200 unit Soundside apartment project that has been on hold and that he has been exploring ways to move the project forward. He advised he has had conversation with Gail Sansbury of the Housing Authority and Jim Robins, Chairman of the Housing Authority Board, and the bottom line is the problem of funding. The City Manager explained that HUD will guarantee the note but there is a shortfall between what HUD will guarantee and value of the property. During discussions, the City Manager stated a proposal was developed whereby the City would put the infrastructure, such; as water, sewer, drainage, etc., into the property as part of the rehabilitation to rebuild the neighborhood, rather than contracting it out. The City Manager directed Michael Beedie, City Engineer, and Tim Bolduc, Building Official, to discuss the proposal with HUD, and asked one of them to report where the City is in the process. Mr. Bolduc reported that he and Mr. Beedie met with HUD, the developer, and others involved in the project, to discuss whether the proposal could work and what it would take to get it done. Mr. Bolduc stated if everything goes as anticipated, ground could be broken on the project in 145 days. He advised that in the next 45 days, the City needs to prepare an application and figure out exactly what it is willing to do and how to do it. The City Manager stated a special Council meeting is needed to look at the project, the proposal, and how to make it work. A special meeting of Council will be held on Tuesday, November 10, 2009 at 5 pm to discuss the Soundside project. MAYOR/COUNCIL COMMENTS Mr. Nabors stated the Soundside project is the kind of project he likes to see and that Staff is doing a great job on helping to make it happen. Mr. Garvie mentioned the Halloween Zombie Walk put on by the downtown merchants and that it was very enjoyable, and that he attended the dedication of the Chester Pruitt Park. Mr. Garvie provided background information on the person that was Chester Pruitt. Mr. Reeves noted the Northwest Florida Fair is starting this weekend and encouraged everyone to attend. Mr. Miller stated he is glad to be back and plans to attend Council meetings for as long as possible. Mr. Holmes commended Staff and the neighborhood organization for the support for Chester Pruitt Park. The Mayor received a letter from a citizen thanking the World Changers for their efforts in securing a new roof for his home; advised that he and Mr. Holmes attended the 2009 Advanced Institute for ' Elected MunicipalOfficials and that they heard positive comments regarding Michael Beedie and John Hofstad; the City luncheon was a great event and congratulated Luci Hawkins and Allen Lassiter as Employee and Manager of the Year; he attended the Energy Smart and Water Conservation Workshop on October 22 and it was a worthwhile effort, and advised that Stella Jones was recognized by Sen. Gaetz for her "Grasses in the Classes" school program; advised that Firefighter DJ Stone and Police Officer Jose Pereira were recognized by the Fort Walton Beach Exchange Club; informed that Battalion Chief Gene Large helped direct traffic at the Children in Crisis event; recognized Officers Mike Woll and Mike Jankowski for assisting at the Okaloosa County Homeless Veteran Stand Down; stated he received a letter of thanks for the police protection during the Life Chain Event; and he received a letter commending Patrolman Austin Lincoln and others for their quick actions at an accident which saved a life. 9- 30 Regular Council October 27, 2009 MAYORICOUNCIL COMMENTS ( CONT) In closing, the Mayor discussed the effort by the Chamber, the TDC, and others in putting together a package which included a letter of support from the City, asking the Florida State Harley Owners Group ( HOG) to hold their rally in Fort Walton Beach next year, and the Chamber was advised they will come to the City for their rally in October 2010. ADJOURNMENT There being no further business, the meeting adjourned at 8:05 pm. APPROVED: MAYOR: ATTEST: CITY CLERK Ive 10-  CITTOT FORTWAL70NBEACJf POLICE DEPARTMENT STAFF REPORT MEMORANDUM To: Robert T. Mearns, City Manager From: Ted Litschauer, Police Chief Date: 11/ 03/ 2009 Subject: ATF Task Force MOA 1. Background: 1. 1. The Fort Walton Beach Police Department ( FWBPD), as well as other regional city, county and applicable state law enforcement agencies, individually enter into a Memorandum of Agreement (MOA) with the Bureau of Alcohol, Tobacco, Firearms and Explosives ( ATF). ATF provides the MOA for signature by the Chief Law Enforcement Officer of the jurisdiction, which in our case is the Chief of Police. 1. 2. The Memorandum of Agreement ( MOA) is a multi -year document, which will be due to st, be renewed on or about October 1 2014. 1. 3. Either party may cancel the MOA, at any time, by providing 60 days written notice to the other party. 1. 4. The MOA provides that ATF will compensate the Fort Walton Beach Police Department, under certain circumstances, for actual overtime expenses, travel, fuel, training, and equipment. Such reimbursement is also contingent upon proper invoicing procedures. 1. 5. All overtime must be pre- approved by both ATF and FWBPD. 1. 6. The MOA provides that FWBPD members will be governed by and shall comply with FWBPD policies and that FWBPD will be responsible for all employer obligations. 2. Discussion: 2. 1. A review of the MOA document by the Fort Walton Beach City Attorney determined that it contains provisions which require Council approval and authorization by Council for the Chief of Police to sign it. 3. Financial: 3. 1. The police department will benefit by having ATF provide reimbursement, for certain law enforcement work and expenses, which are covered by the Agreement. Payroll benefit expenses are not reimbursable under the Agreement. 4. Conclusion: 4. 1. It is in the best interests of the City of Fort Walton Beach and its citizens for the police department to work well with other law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is prudent to have a current Memorandum of Agreement