Fort Walton Beach Council agenda — 08-12-08 regular agenda — reading text

Committee comprised of the Public Works Director, Public Works Engineer, Public Works Operations Manager, Parks and Recreation Director, and the CDS Principal Planner, chose four of the nine proposed firms to interview. The Committee recommended Goodwyn, Mills, and Cawood, followed by Tetra -Tech, Kimley -Horn, and CPH. Ms. Johnson advised that all of the firms were capable of doing the job, but Goodwyn, Mills, and Cawood was chosen because of their extensive experience in recent park projects in Pensacola that are similar to those of Chester Pruitt Park. She advised the CRA, at their June 4, 2008 meeting, recommended the Selection Committee's ranking of firms for negotiation of a contract with the top -ranked firm, Goodwyn, Mills and Cawood, Inc. Ms. Johnson continued that CRA funds are available for construction. She explained there are five phases outlined in the Master Plan and funds are available for Phases i and II, to include the restrooms, dugouts, walking trails, and the other phases are planned for future years. The Mayor asked for public input. There was none. Mr. Minich moved to approve the Selection Committee' s ranking of firms, consistent with the CRA Board' s recommendation, forArchitectural and Engineering Services for Chester Pruitt Park as follows: 1) Goodwyn, Mills, Cawood; 2) Tetra -Tech; 3) Kimley- Horn; and 4) CPH, and to authorize the City Manager to execute a contract with the top - ranked firm, Goodwyn, Mills and Cawood, or the next ranked firms if negotiations with the top- ranked firm cannot be accomplished, for Architectural and Engineering Services for implementation of the Chester Park Master Plan not to exceed $ 50, 000. 00. Mr. Garvie seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). WASTE MANAGEMENT PURCHASE OF PROPERTY IN COMMERCUTECHNOLOGY PARK Request authorization for the City Manager and City Attorney to negotiate a contract with Waste Management for the purchase of 13. 53 ± acres in the City's Commerce and Technology Park. The City Manager reported that Staff has been working for the past year with Waste Management Inc., ( WMI) to develop a contract for the sale of property located at 115 Ready Avenue NW in the City's Commerce and Technology Park. She continued that Staff, along with the City Attorney, has had several meetings with WMI in regards to the contract, and discussed the primary provisions and concerns of the contract, including the purchase price of $ 1, 500, 000 with $ 5, 000 earnest money deposited at the time of adoption of the ordinance, and environmental matters including the FDEP Phase II Environmental Assessment Grant; site rehabilitation, the cost of site rehabilitation, with the City giving WMI a credit of up to $ 650, 000 or 700,000 if the cost of obtaining a Site Rehabilitation Completion Order is anticipated at 1, 450, 000; a voluntary cleanup tax credit which will be awarded to the purchaser and transferred to the City, with the City reimbursing the purchaser for up to 50% of legal fees associated with the transfer, and limited environmental indemnification. The City Manager noted that in regards to the voluntary cleanup tax credit, Staff is not certain the credits can be transferred and whether they have any value to the City, and will continue to work with WMI on the issue, and stated Staff would prefer a dollar amount cap on the legal expenses.  193 Regular Council 06/ 24/ 08 WASTE MANAGEMENT PURCHASE OF PROPERTY ( CONT) Dr. Pullen discussed that the FEDP gave a presentation on brownfields, and noted that the FDEP will do Phase I and Phase II at no cost to the City, and recommend whether a cleanup of the property is necessary, and no matter which way the City decides to proceed, the process still has to go through the FDEP to the State. The City Manager advised that was correct; and that is why the City is requesting to apply for the grant funds from FDEP, and that funds are available for that and that is why the City is discounting the cost of the legal fees for the cleanup. The City Attorney noted that in the contract, WMI will be applying to be a brownfield and the City has to sponsor that, and in that process it will come back to Council to approve the ordinance, so it is all the same program but the idea is that the City is partnering with WMI rather than doing it independently since WMI will be the ones receiving the benefit. Mr. Garvie received an explanation on the voluntary tax cleanup, whereby the credits are issued to the purchaser, in this case WMI, and that WMI believes they can transfer up to 50% of the credits to the City. The City Manager explained these credits can be sold on the market and the City can get some money back on the credits. However, the City wants to ensure that if WMI gets the credits the City does not overly discount the property and not receive a benefit of the tax credits. The City Manager requested that Council approve the contract pending the Staff's ability to resolve the pending issues of the contract with WMI; to direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup; and to direct Staff to develop an ordinance to convey the property to WMI and bring back to Council at a future date. The Mayor asked for public input. There was none. Dr. Pullen moved Staff Recommendation # 2, to direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup. Motion died for lack of a second. Mr. Minich moved that Council 1) Approve the contract pending the Staffs ability to resolve the pending issues of the contract with WMI; 2) Direct Staff to apply for an FDEP Grant for a Phase II Environmental Assessment and Cleanup; and 3) Direct Staff to develop an ordinance to convey the property to WMI and bring back to Council at a future date. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Garvie, and Minich in favor and Pullen opposed ( Miller and Hartwell absent). Council commended the City Manager and City Attorney for the excellent job they did on negotiating the purchase. RELEASE OF LIEN, 216 LOIZOS DRIVE NW Consideration of release of lien in the amount of $ 36, 250. 00 including the $ 650. 00 Administrative Fees for the property located at 216 Loizos Drive NW, Fort Walton Beach, Okaloosa County, Florida. Missy McKim, CDS Director, requested the lien be released for the full amount as it was filed after the foreclosure was filed. The Mayor asked for public input. There was none. 1. 94 Regular Council 06/ 24/ 08 RELEASE OF LIEN ( CONT) Mr. Reeves moved the release of lien in the amount of $ 36,250.00 including the $ 650. 00 Administrative Fees for the property located at 216 Loizos Drive NW, Fort Walton Beach. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). LIBRARY COOPERATIVE REQUEST —FREE LIBRARY SERVICE Jeff Peters, Parks and Recreation Director, requested Council' s direction to support, or not support, the County's request to the Okaloosa County Public Library Cooperative to allow fee - free library service for residents of Shalimar, Cinco Bayou, and Laurel Hill. When questioned by Council, Mr. Peters advised that Staff recommends not supporting the request, stating that Shalimar, Cinco Bayou, and Laurel Hill use the Fort Walton Beach library as opposed to the Niceville library. Mr. Peters advised that if four of the seven participating government express support of the request, the Interlocal Agreement will be amended to incorporate the change. Mr. Peters advised that if a resident from Laurel Hill or Shalimar comes to the Fort Walton Beach Library, they pay $ 20. 00 for a library card and are then reimbursed by their own City government. Mr. Minich moved not to support the County' s request to the Okaloosa County Public Library Cooperative to allow fee -free library service for residents of Shalimar, Cinco Bayou, and Laurel Hill. Dr. Pullen seconded motion. Dr. Pullen advised this request came in front of the Library Cooperative, and he requested it come before the Council because as one member of a Council he does not have the right to do anything financial, and he would support the Council' s decision at the Library Board meeting. Mr. Minich commented that while the City desires to be a friendly neighbor, that doesn't mean the City has to provide free service to other communities, and noted the negative comments about the City when the subject of annexation was discussed. Mr. Garvie noted that residents of these three municipalities are reimbursed by their own City so they are not out any money. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). RECESS The meeting recessed at 9:00 pm. RECONVENE The meeting reconvened at 9: 10 p. m. RES. 08 -22, GOLF CLUB RATES 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 GOLF CLUB RATES; AND SETTING AN EFFECTIVE DATE. Brandy Wunker, Interim Finance Director, advised Staff has updated the Golf Course fee schedule based on the decision made at the June 17, 2008 meeting, and upon approval of the resolution the new rates will go into effect July 1, 2008.  195 Regular Council 06/ 24/ 08 RES. 08 -22 ( CONT) The Mayor asked for public input. Lee McDonald, 10 Ru de le Roi, stated his feeling that eliminating the member play cards will take away the life blood of the golf course. Mr. Minich moved to approve Res. 08 -22. Mr. Holmes seconded motion and it carried favor ( Miller and unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in Hartwell absent). Mr. Garvie questioned whether the Golf Course Administrator agreed with the comments made by Mr. McDonald. Jim Frazier, Golf Course Administrator, stated he did not agree with Mr. McDonald' s comments. PROPERTY AND CASUALTY INSURANCE Consideration of a request for Council to authorize the City Manager to execute insurance policies with Public Risk Insurance Agency in the total amount of $452,599, for the Property and Casualty Insurance renewal effective July