Fort Walton Beach Council minutes — 02-10-09 regular minutes — reading text

121 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 10, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 10, 2009, at 6:00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Robert Mearns, Acting City Manager; Helen Spencer, City Clerk; 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 David Beiler of the Evangelical Center, Assembly of God Church, gave the Invocation. PLEDGE Mayor Anderson led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the order of the business of the day, as amended, adding Item 6a, Consideration of Offer of Settlement. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CONSENT AGENDA Dr. Pullen requested that Consent Agenda Item 4, Res. 2009 -7, Amend Comprehensive Fee Schedule, be moved to the regular agenda. Mr. Minich moved to Consent Agenda items. approve the following Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MINUTES Approval of the minutes of the Regular Council Meeting of January 27, 2009. LIFE INSURANCE COVERAGE Approval of authorization for the City Manager to enter into an agreement with Standard Life Insurance Company for life insurance coverage ($ 0. 265/ 1000 coverage — annual rate for 20,000 life policy - $ 63. 60) for the policy period March 1, 2009 through February 28, 2012. 122 Regular Council meeting 2 -10 -09 REGULAR AGENDA RES. 2009 -7: AMEND COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE OF THE CITY FOR THE PUBLIC SERVICES DEPARTMENT BY INCLUDING CERTAIN FEES FOR RESIDENTIAL GARBAGE COLLECTION AND OF THE UTILITY SERVICES DEPARTMENT BY INCLUDING CERTAIN FEES FOR METER DAMAGE, MOVEMENT, REPLACEMENT, AND TESTING, METER DEPOSITS, AND COUNTY CUT -OFF; AND SETTING AN EFFECTIVE DATE. The Finance Director advised the proposed amendments include moving /replacing meter fees; hydrant meter deposit; increasing register damage fee and the meter test fee; and codifying existing fees. Council received clarification that register fees are only charged if a register is damaged by the customer deliberately, they are not charged if a register is defective; that the 10% utility tax is charged only on the actual consumption of the utility; and that the comprehensive fee schedule is amended each year by resolution, and the original resolution that set up the comprehensive fee schedule is Res. 1999 -4. The City Attorney explained that the comprehensive fee schedule was adopted by ordinance years ago, and that Res. 1999 -4 grouped all the fees for all the departments together, and through the years, the schedule was amended in various pieces by several resolutions, and this resolution is simply amending one section of the schedule, and Res. 1999 -4 is part of the history of the fee schedule. Mr. Garvie moved to adopt Res. 2009 -7. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS The Mayor mentioned that the Mayor of Kristinehamn will arrive the end of the month and requested that Erik Stenberg of the Tennis Center give an update at the February 24, 2009 Council meeting on the annual Tennis Center Tournament. The City Manager advised he would place that on the agenda as a Special Presentation. OFFER OF SETTLEMENT —CITY V. MOORE Consideration of offer of settlement for the total amount of $ 173, 861. 30 in exchange for a voluntary dismissal with prejudice of City of Fort Walton Beach v. Moore, regarding 28, 32, 36 and 37 Magnolia Avenue, Okaloosa County Case 2008 CA 3962. Joe Lorenz, representing the City in foreclosure action against Moore and others, explained the lien is a result of the Code Enforcement Board process taken a few years ago and Mr. Moore' s attorney called a few days ago to offer to settle the case. He explained one lot, which is occupied, has been brought into compliance and the other three structures would be demolished. He said if Council approves the settlement the lien would be eliminated from all four of the properties, the case would be dismissed and three of the structures would be demolished. He said he would hold the funds in a trust account and once the structures have been demolished he would release the funds. He said given the fact this would settle the case, bring the properties into compliance and bring it to closure, he would recommend Council accept the offer. Regular Council meeting 2 -10 -09 123 OFFER OF SETTLEMENT —CITY V. MOORE cont. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Reeves moved to accept the settlement offer of $173, 861. 30 to settle the law suit of City vs. Moore, authorizing the Mayor to execute the Satisfaction of Lien, and conditioned on the closing occurring before February 27, 2009, the settlement funds and satisfaction being held in escrow by Joe Lorenz until demolition of the structures on the properties, demolition of the structures occurring within 30 days of closing, and dismissal of the law suit being filed after demolition of the structures. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. SCHEDULE EXECUTIVE SESSION TO DISCUSS LITIGATION MATTERS Consideration of notice that the City Attorney requests an Executive Session to be scheduled to discuss with the City Council the following litigation matters. a. City of Fort Walton Beach v. Hooks — 635 Lovejoy Road, Okaloosa County Court Case 2007 -CA -2262 b. George and Donna Dewrell v. City of Fort Walton Beach — 12 Maples St NW, Okaloosa County Court Case 2006 -CA- 5200 c. City of Fort Walton Beach v. Robinson — 15 Gipson St, Okaloosa County Court Case 2005 -CA -3570 The City Attorney explained the three cases are currently pending and requested an Executive Session on February 24, 2009 at 5: 00 p. m. to have discussion with Council for direction on how to move forward. Mr. Holmes moved to hold an Executive Session on February 24, 2009 at 5: 00 p.m. Mr. Minich seconded motionand it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CRA BOARD APPOINTMENT Consideration of appointment to the CRA Board of Commissioners. Mr. Minich nominated Dean Covey. Mr. Miller commented it was brought to his attention that it is a four year term until February 10th and it appears some times it occurs between meetings and there are meetings without representatives because someone was not appointed to fill the vacancy. He wished to know if it was possible to appoint someone with an effective date so there will always be members for the meetings. The City Clerk noted the appointment is for a four -year term that begins tonight for four years. She stated she watches it closely to make sure it is brought to Council early enough so that does not happen. The Mayor called for the vote on the nomination to re- appoint Dean Covey, 270 Brooks Street SE, to the CRA Board of Commissioners for a four -year term beginning February 10, 2009 until February 10, 2013 and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 124 Regular Council meeting 2 -10 -09 OTHER CITY BUSINESS FOR DISCUSSION PURPOSES Mr. Garvie mentioned he is a representative on the Continuum of Care and referenced the purchase of the facility on Lovejoy Road, which is on County property not City property, and the issues between the Continuum and the residents of Sylvania Heights. He said the Board made a policy that the members, other than the Board Chairman Nate Smith or the Executive Director Lenore Wilson as the spokespersons, will not speak about what is going on with the purchase of the facility. He expressed his desire, if Council is interested, to have Nate Smith or Lenore Wilson invited to make a small presentation at a Council meeting to explain what is going on with the facility. It was expressed it is a little premature in the process for Council to hear a presentation and it would be better to wait until the issues between the Continuum of Care and the Sylvania Heights residents have been resolved. Dr. Pullen expressed his thought that any time an issue regarding a tax is brought before Council it should be placed on the regular agenda for discussion and public input and not placed on the consent agenda. The City Manager acknowledged the request. Mr. Hartwell discussed the composition of Boards /Committees that make recommendations to Council on codes and ordinances or where they commit City funds or resources and thought members of those Boards /Committees need to live in the City and be an eligible voter of the City since they allocate committing resources. The City Clerk advised the application asks whether an individual is a City resident and a registered voter and it depends on the Statute whether they would be eligible. It was recommended if Mr. Hartwell wished to change the ordinance that he places it on the agenda with background for Council to vote on it. The Mayor distributed information on a Veterans Tribute Clock Tower and explained the firm that is building the gateway to the Beal Parkway Neighborhood also builds the Veterans Tribute Towers. He explained staff contacted him about the tower and he discussed with Veterans organizations about the possibility of having such a tower at some location in the City. The Mayor presented this for an information item for Council and that staff, through the City Manager, are looking into the project and if it seems feasible will be presented to Council as an agenda item at some point in the future. The Mayor also discussed the possibility of joining forces with the Emerald Coast Association of Realtors in sponsoring a tour of affordable homes in the City to City employees who live outside the city limits who desire to live within the City in which they work. The Mayor distributed to Council for discussion purposes only invoices from the City Attorney which lists the cost to the City to have complaints filed by Dr. Pullen against the City and some of its staff. The Mayor expressed concern at these costs and noted in both cases,