Fort Walton Beach Council agenda — 01-09-2007 regular agenda — reading text

Center. CONSENT AGENDA Mr. Patterson moved to approve the following Consent Agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor ( Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Special Council of November 21, 2006, and the Regular Council Meeting of November 28, 2006. OPERATIONS PLAN- 2007 NW FLORIDA FAIR ASSOCIATION To approve the 2007 Operations Plan for the Northwest Florida Fair Association. 36 12/12/ 06 REMOVAL OF FIXED ASSETS To authorize the removal of fixed assets per Florida State Statute Title XVIII, Chapter 274. 07, from the City' s accounting inventory and record it in the City Council minutes for items that were disposed of during Fiscal Year 2005- 06. GRANT OF EASEMENT FROM NWEC DEVELOPMENT, BROOKS STREET To accept the amended Grant of Easement from NWEC Development, LLC, for sidewalk and utilities along the south side of Brooks Street on the Indianola on . the Water Condominium property. BID 07- 104, SOUND PARK IMPROVEMENTS To award Bid 07- 104, Sound Park Improvements, to the lowest responsive, responsible base bidder, Orange Contractors of Destin, FL, in the amount of $ 190, 300. 30, and authorize the City Manager to approve change orders in the not to exceed amount of $20, 000 PUBLIC HEARING-ORD. 1712, WRECKER OPERATIONS " BOOTING" The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 11. 12, WRECKER OPERATIONS AND SERVICES, TO ADD IMMOBILIZATION (" BOOTING") AS A REGULATED WRECKER SERVICE ON PRIVATE PROPERTY; AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1712 on second reading. Mr. Campbell seconded motion. Mr. Holmes announced a conflict of interest as he works for a wrecker company and will abstain from the vote. The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Patterson, Campbell, Tucker, and Pullen in favor and Minich opposed ( Hartwell absent, Holmes abstained). REGULAR AGENDA- OCDC REQUEST Consideration of a request from Okaloosa County Community Development Corporation OCDC) for approval of Local Housing Assistance Plan ( LHAP) for years 2006/ 07, 2007/ 08, and 2008/ 09; and the Hurricane Housing Assistance Plan ( HHAP) for years 2007/ 08, 2008/ 09, and 2009/ 10. Patti Sunnarborg, Executive Director of OCDC, discussed the HHRP Housing Strategies, including Substantial Rehab/ Reconstruction; Home Purchase Assistance; Foreclosure Prevention, and Volunteer- Based Housing initiatives. Ms. Sunnarborg advised that the reports from OCDe are presented annually to the Okaloosa County Commissioners and to the City for review and certification, and that SHIP is requesting recertification of the Interlocal Agreement. Mr. Tucker moved to approve the Local Housing Assistance Plan ( LHAP) for years 2006/ 07, 2007108, and 2008/ 09 and the Hurricane Housing Assistance Plan ( HHAP) for years 2007/ 08, 2008/09, and 2009/ 10, and to approve the Recertification of the Interlocal Agreement. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent).  137 12/12/ 06 RES. 2006- 31, MAXIMUM FEE BY WRECKER OPEATORS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING RESOLUTION 2006- 12 TO ESTABLISH AND INCLUDE A MAXIMUM FEE TO BE CHARGED BY WRECKER OPERATORS AND OWNERS FOR THE WRECKER SERVICE OF IMMOBILIZATION (" BOOTING") IN THE CITY LIMITS OF THE CITY OF FORT WALTON BEACH, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Police Chief Ted Litschauer explained the resolution, if adopted, will adopt a fee in the amount of $ 2. 50 for booting which was not included in the original ordinance. Chief Litschauer informed the purpose of the fee is to discourage the business of booting as it is not providing a wrecker service, but is a punitive measure that has been used. The Mayor opened the public hearing. Jerry Kennedy, City resident, received clarification on how an individual can recover his vehicle if it is booted. Mr. Tucker moved to adopt Res. 06- 31. Dr. Pullen seconded motion. Mr. Minich stated his feeling that this is not the correct approach; that a fee should be set for the practice of booting similar to that of the county, which has a fee of $25. 00 for booting. Mr. Holmes announced a conflict of interest as he works for a wrecker company and will abstain from the vote. Mr. Minich moved to amend Section 2- A of Res. 06- 31 by deleting the amount of $ 2. 50 and substituting it with the amount of $ 25. 00. Mr. Patterson seconded motion and it failed by a vote of 2 to 3 with Patterson and Minich in favor and Campbell, Tucker, and Pullen opposed ( Hartwell absent, Holmes abstained). The Mayor called for the vote on the motion to adopt Res. 06- 31 and it carried by a vote of 4 to 1 with Patterson, Campbell, Tucker, and Pullen in favor and Minich opposed ( Hartwell absent, Holmes abstained). RES. 2006- 30, AMENDING SECTIONS OF COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT SERVICES, PARKS AND RECREATION, POLICE AND FIRE SECTIONS OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORT WALTON BEACH, AND PROVIDING AN EFFECTIVE DATE. The Finance Director reported the resolution will codify previous amendments made to the City' s fees, and approval of the resolution is requested. Dr. Pullen discussed the fact that student teams at the Tennis Center pay a fee while student teams at the golf course play for free. He stated his feeling that student teams should be the same; either eliminate the tennis center fees or add fees to the golf course. The City Manager explained that the Tennis Center is contracted out while the Golf Club is a city- provided service that waives fees for schools to practice and play. She also advised that Council sets the fees for the Tennis Center. 138 12/ 12/ 06 RES. 2006- 30 ( CO NT) Dr. Pullen requested that the fee schedule in those areas be addressed at a later date. He also addressed the issue of fees for security services as it relates to the false alarm issues. Mr. Minich moved to adopt Res. 06- 30. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor Hartwell absent). APPROVAL OF POLICIES/ PROCEDURES MANUAL FOR FWBTV Consideration of a request to approve a Policies and Procedures Manual for Fort Walton Beach Television ( FWBTV) for programming and operations of its non- commercial, non- partisan government programming television channel. Cam Johnson, Public Information Officer, advised that Ord. 1702, adopted in March of this year, allows for the creation of a City- run Government Access Channel to be known as Fort Walton Beach Television ( FWBTV). Mr. Johnson stressed that FWBTV is not a public access channel and is only open to noncommercial, nonpartisan, government programming. Appropriate programming will include live, unedited gavel- to- gavel coverage of public meetings/ workshops for government policy- making boards/ commissions; unedited tape- delayed public meetings and other government sponsored activities; instructional/ informational programs on various government agency services and functions; and emergency and public safety information regarding hurricanes and other natural disasters, to name a few. He also discussed restrictions on programming, criteria for programming, and program scheduling and submissions. Discussion included the fact the equipment has been ordered and programming from FWBTV should begin in February. Mr. Minich moved to approve the City of Fort Walton Beach Television Policies and Procedures. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). LIBRARY COOPERATIVE UDPATE Update on the Okaloosa County Library Co- operative funding and the impact of the inequitable state funding formula for participating counties. Dr. Pullen reported, for informational purposes, that due to a flaw in the state formula for library funding, certain counties are obtaining increased state aid funds at the expense of other counties, and that Okaloosa County' s state funds have decreased during fiscal year 2006. Dr. Pullen advised that the members of the Cooperative have met with state representatives to request assistance in correcting the situation. Chris Gibson, 249 Brooks Street SE, questioned the per capita expenses as to what the citizens spend on the library as compared to what the county puts in. The City Manager advised she did not have those figures, but for Ms. Gibson to call and they can discuss the issue. COUNCIL APPOINTMENT- CHAMBER OF COMMERCE BOARD Consideration of a Council representative to the Chamber of Commerce Advisory Board. Mr. Minich nominated Mayor Anderson to serve as Council representative on the Chamber of Commerce Advisory Board from January 1, 2007 through December 31, 2007. Mr. Tucker seconded nomination and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent).  139 12/ 12/ 06 COUNCIL APPOINTMENT - HEADST ART BOARD Consideration of a Council representative to the Headstart Board. Mr. Holmes moved to appoint Wayne Pullen to serve as Council representative and Mayor Anderson as alternate on the Headstart Board from January 1, 2007 through December 31 2007. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). Dr. Pullen informed that the City is receiving $ 550. 00 a month from Headstart for using one of the City' s facilities for a classroom. He explained that Headstart must receive a certain amount of in- kind, non- government funding, and stated that other cities provide in- kind services to assist Headstart and perhaps the City could consider that in the future. COUNCIL REPRESENTATIVE- FAIR BOARD Consideration of a Council representative to the Northwest Florida Fair Board. Mr. Minich nominated Bill Patterson to serve as Council representative on the Northwest Florida Fair Board from January 1, 2007 through December 31, 2007. Mr. Holmes seconded nomination and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Minich in favor (Hartwell absent). MAVOR/COUNCIL ANNOUNCEMENTS Mr. Holmes thanked City staff for the excellent Christmas parade, and wished staff and citizens a Merry Christmas. Mr. Patterson thanked the Police Chief for the Police Department get together, and wished staff and citizens a Merry Christmas. Mr. Campbell also commented on the wonderful Christmas parade and wished everyone a