Fort Walton Beach Council minutes — 10-09-07 regular minutes — reading text

reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  Regular Council 10- 9- 07 171 PUBLIC HEARING: ORD. 1736 - REZONE FROM RUS TO R- 1A 653 COUNTRY CLUB AVE NE The City Attorney read the ordinance by title and noted the CDS Director is still under oath. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 653 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING r--FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM OKALOOSA 1 COUNTY RUS RESIDENTIAL URBAN SINGLE DISTRICT TO CITY OF FORT WALTON BEACH R- 1A SINGLE- FAMILY DWELLING DISTRICT; PROVIDING FOR A ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Dr. Pullen moved to adopt Ord. 1736 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1731 - AMEND MUW- 18 - WATERCRAFT DRY STORAGE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.457 MUW- 18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1731 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1732 - ADDING CRITERIA FOR WATERCRAFT DRY STORAGE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; ADDING SECTION 12. 94.071, ENTITLED WATERCRAFT DRY STORAGE FACILITIES CRITERIA TO CHAPTER 12. 94, CONDITIONAL USE, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. f""" The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. i Mr. Holmes moved to adopt Ord. 1732 on second reading. Mr. Minich seconded motion and l it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS The City Manager pointed out Councilman Miller' s request to discuss the pension plans was added as a workshop item and the Code Enforcement issues will be added back as a future workshop item probably in March or April. Mr. Garvie suggested a workshop be held for more detailed training on the pension plans.  Council 10- 9- 07 1 7~ egular FEE RES. 07- 23 - AUTHORIZE CITY MANAGER TO WAIVE FEES IN THE COMPREHENSIVE SCHEDULE The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN FEES FOR SERVICES AND FACILITIES PROVIDED BY THE CITY; AUTHORIZING WAIVER BY CITY MANAGER OF ONLY THOSE FEES ESTABLISHED AND SET FORTH IN THE COMPREHENSIVE FEE SCHEDULE; ESTABLISHING LIMITATIONS ON SUCH WAIVER; ESTABLISHING APPEAL PROCESS; AND SETTING AN EFFECTIVE DATE. 1.. The City Manager explained a situation arose when faced with the new golf course fees where an a the new existing golf club member wanted to convert from an existing membership to one of membership categories. She said the golfclub policies and procedures are very specific in what they are permitted to refund with regard to membership fees and there is no mechanism to to another. She spoke accomplish the request to convert from one existing membership category with the City Attorney and asked the Finance Director to draft a resolution to waive the fees, and the threshold of $ 1, 000 was used because that was the highest fee level in the Comprehensive Fee Schedule. The Mayor opened the floor for public input. As there was none, public input was closed. Mr. Minich moved to adopt Res. 07- 23. Mr. Holmes seconded motion. Comments included trust in the City Manager in using discretion; concern over the appearance of favoritism, concern over giving blanket authority to forgive fees, and the point that there will be a written trail of the waivers. The Mayor called for the vote on the motion to adopt Res. 07- 23 and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. RES. 07- 24 - FLORIDA INTEROPERABILlTY NETWORK The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE POLICE DEPARTMENT'S PARTICIPATION IN THE FLORIDA INTEROPERABILlTY NElWORK AND AUTHORIZING THE POLICE CHIEF TO EXECUTE THE CONTRACTS; AND SETTING AN EFFECTIVE DATE. Ted Litschauer, Police Chief, explained the equipment would allow the police department radios to work under the 800 frequencies to connect with other law enforcement agencies, federal, state and local. The Mayor opened the floor for public input. As there was none, public input was closed. Mr. Reeves moved to adopt Res. 07- 24. Mr. Garvie seconded motion and It carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. STATUS REPORT ON THE WASTEWATER TREATMENT PLAN DESIGN PROCESS Consideration of a status report on the City' s WWTP design process and an update on the discussions with the Okaloosa County about the possibility of developing a partnership for joint wastewater treatment.  10- 9- 07 Regular Council 173 WASTEWATER TREATMENT cont. Mr. Miller expressed his concern that the City do what is right in this regard and mentioned the County is building a ten million a day facility with a capacity for an additional five million for fifteen million gallons a day which would be enough for everything south of Crestview. Mr. Miller expressed he was concerned why the City would be building a separate five million gallon a day facility for Fort Walton Beach that has an average of two to two and one- half million r gallons. He said $ 14 million is a big bondage to undertake for 21, 000 residents, and wanted to i make sure the is the right thing, which is the reason he asked for the agenda item. He City doing said he also asked for justification why the City should not issue a stop- work order for the design Iw study and proceed with contract termination. He said this is the type of thing they need to evaluate and see where they go from here, which is the reason he submitted the request. John Hofstad, Utilities Director, mentioned that staff has been working diligently with Okaloosa County in discussions and negotiations about a possible Interlocal agreement to utilize their treatment facility based on a wholesale rate. He said the County is preparing a draft Interlocal that he should have by the end of the week or early next week and staff is asking for sufficient time to review the Interlocal. He said at the same time they can get a handle on the additional debt service cost to the residents should the City elect to renovate their own facility as planned; then staff can return in approximately 30 days with all the information and press forward with a path. He said the design is about 95% complete and the City is on the hook to the design consultant for the work. He said the City has also made application to DEP for the construction permit, and those fees have been paid and staff did not want to slow the process down in the event the County' proposal s is not in the best interest of the City and the residents, and then time has been lost for the construction element in the wastewater treatment facility. He said staff asks to delay the process for another 30 days, continue with the design project and wrap it up because it is very close to being finished, and during the interim staff will have a proposal from the County Mr. Miller moved to suspend Roberts Rules of Order for discussion of this item. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Miller mentioned he spoke with Mr. Hofstad about the need to prepare a list of the City' s requirements, what it cost for the treatment and approach the County with what we can do and ask what they can do for the City, to laydown how much it cost the City to process the water and what the City can expect from the County to come close to it because if they cannot be competitive, then they do not have a product for the City. He thought that needed to be spelled out in some type of City document that the City has baseline requirements for negotiation. The City Manager said staff will work that issue and they understand the City needs to have their issue and have an understanding of the issues, and they also want to have an understanding of the County' s issues before they move forward. She said as soon as they receive the proposal then they can evaluate it based on the City' s cost to treat 1, 000 gallons of sewage and what they I"" are She said proposing. also they the County will come back with a capacity purchase in expect the plant. She said they are requesting to let staff work the issue like they normally do. Discussion included comments that there are a lot of variables facing the City and 30 days would r not hurt; that it is an issue for the City and County staff to work on;