Fort Walton Beach Council minutes — 10-28-08 regular minutes — reading text

35 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 28, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 28, 2008, at 7: 00 p.m. in the Council Chambers at City Hall, with the following members present: f" Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. WaYne Pullen, and Mike Minich L Absent: Virgil Miller and Jim Hartwell Also Present: Joyce Shanahan, 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 Jeff Rouff, Living Hope Church, gave the Invocation. PLEDGE Youth ftom Living Hope Church led in the Pledge of Allegiance. PROCLAMATION - NATIONAL HOSPICE MONTH The Mayor presented a proclamation to Krista Account Executive of Emerald Botop, 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 it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and 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 Approval of the minutes of the Special Council Meeting of October 1, 2008, and the Regular Council 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 rights in the matter of Southern States Police Benevolent Association, Inc., et al.vs. First Choice Armor & Equipment, Inc., et aI.,US District Court of Massachusetts, Civil Action File No. 06- CV- I0034- NMG. 36 Regular Agenda 10/ 28/ 08 APPROVAL LAW ENFORCEMENT MEMORANDUM OF UNDERSTANDING To approve a Law Enforcement Memorandum of Understanding (MOU) the by City of Fort Walton Beach Police Department with the USMS (Marshal' s Service), for providing overtime reimbursement for 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 of2003. I DISASTER TRANSPORTATION VEmCLE LEASE RENEWAL J 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- ACCEPT FUNDING FOR Dm ENFORCEMENT 52.. 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 SETTING AN EFFECTIVE DATE. ADDENDUM WITH TETRA- DOWNTOWN STRE TSCAPEB/ EAL PARKWAY TECH.. 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- ACCEPT FUNDING FOR CRITICAL INFRASTRUCTURE GRANT 50.. 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 SETTING AN EFFECTIVE DATE. DONATION FROM FRIENDS OF THE LIBRARY Consideration of acceptance of certain pieces of art as a gift ftom the Friends of the Library subject to conditions of its display and authorizing the City Manager to execute the as outlined in the agreement backup report. This item was withdrawn ftom 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 Regular Agenda 10/ 28/ 08 BOARD/ COMMITTEE REPORTS Presentation ftom 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 ftom 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 j Fort Walton Landing. QUASI- JUDICIAL PUBLIC HEARING: ORD. l, The City Attorney read the ordinance by title and only SOUNDSIDE PUD 1762.. 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, FLORIDA; AUTHORIZING CURRENT PLAT TO BE VACATED BY 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 findings of fact on the appropriateness of the advised there were no to the staff request, changes report 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 this evening. The City Attorney advised there has been a question raised regarding the waiver of fees and 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