Fort Walton Beach Council agenda — 06-09-09 regular — reading text

Capital of Boston, Massachusetts, to replace Alliance Bernstein, as approved by the General Employees' Pension Advisory Committee and recommended by the Financial Advisor of the Plan. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. CONSENT AGENDA Mr. Holmes moved to' approve the following Consent Agenda items. Mr. Reeves seconded motion. Mr. Miller discussed the motion made at the May 12, 2009 Council meeting regarding keeping the CRA as it is currently, and mentioned there are members who have business interests in the CRA district who should have declared their interest before they voted. The City Attorney noted Mr. Miller is referring to a conflict of interest and the only time they can abstain from voting on Council is if they have a conflict of interest which is usually financially driven and would have to have an interest in the vote that is different that the general population. The City Attorney advised the motion is for the approval of the minutes, and that Mr. Miller could bring this item up at another time if he desired. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPROVAL OF MINUTES Approval of the minutes of the Special Council Meeting of May 5, 2009 and the Regular Council Meeting on May 12, 2009. REJECT PROPOSALS —GIS IMPLEMENTATION Approval to reject all* proposals for RFQ 09 -112 for GIS Implementation for Underground Infrastructure Systems. BID 09 -113, REDEVELOPMENT OF CHESTER PRUITT PARK Award Bid 09 -113 for the redevelopment of Chester Pruitt Park to the lowest responsive, responsible bidder, A. Needles Construction, in the amount of $ 409,400. Christy Johnson, Principal Planner, informed that Bid 09 -113 for Chester Pruitt Park Improvements was advertised on February 2, 2009, and that the scope of work consists of construction of a walking trail around the park, installation of decorative and other lighting, construction of two secondary entrances, a restroom, and installation of stormwater improvements and landscaping. 20_ Regular Council 05/ 26/ 09 CHESTER PRUITT PARK (CONK Ms. Johnson advised that the sealed bids were opened and reviewed by staff at a publicly was the noticed meeting on March 13, 2009, and A Needles Construction of Pace, Florida, lowest, most responsible bidder with a bid amount of $ 409,400.00. She noted that Whitfield Construction withdrew their bid after they discovered a major error was made and they would not be able to perform the work. Ms. Johnson advised that funding is available in the current year appropriation and that additional funds can be transferred from the CRA fund balance to pay the remaining cost. The total estimated project cost is $ 515,800.00, with a transfer from fund balance in the amount of 264,241. 34. Ms. Johnson recounted the discussion during the CRA meeting and explained that the 10 -foot sidewalk width was chosen by the neighborhood group and Staff and that the width will allow for vehicles to enter the park without ruining the landscaping; that it will be convenient for vendors during the festivals held at the park; that the total length of the walking trail is 1, 900oflinear the feet; and the importance of having the restrooms constructed in the first phase park improvements. Ms. Johnson advised the CRA Board voted on May 6, 2009, to award Bid 09 -113 to A Needles Construction for the bid amount of $ 409,400. 00 and recommend transfer of appropriate funds and a budget amendment from fund balance to fund the construction of improvements at the park. The Mayor asked for public input. Rev. Cecil Williams, Greg Chapel AME Church, commented on the importance of the park to the community; that events and children' s activities cannot be held due to the closure of the park; and asked that Council vote unanimously for the proposed bid so the park can be open as soon as possible. Becky Robinette, 104 Carson Drive and secretary- treasurer of the Beal Parkway Neighborhood, advised the residents of the neighborhood have been working with Staff in the planning of the park for two years; that this is the park they desire; and that as a City resident she would like to see more of her tax money being spent to improve the neighborhood in which she resides. Ms. Robinette urged Council to vote unanimously for the project, and that it would be a vote of confidence for the neighborhood. Sabu Williams, Greater Peace Baptist Church, stated the park is for the greater good of the City and when completed will be a feather in the cap for the City of Fort Walton Beach. As there was no one else who wished to speak, the public hearing was closed. Clarification was given that two motions would be needed from Council, one to approve the bid. for the redevelopment of the park, and the other approval of the resolution amending the CRA budget to complete the redevelopment. Mr. Garvie moved to award Bid 09 -113, Chester Pruitt Park Redevelopment, to A. Needles Construction of Pace, Florida, for the bid amount of $409,400; approve a $ 263,242 Budget Amendment from Fund Balance by Res. 2009 -16 for $ 156, 842 to fund the A. Needles improvements; and authorize the City construction contract and $ 106,400 for additional Manager to execute individual change orders up to $20, 000, not to exceed the aggregate total change order amount of ten percent of the contracted amount ($ 40,940.00). Mr. Holmes seconded motion. 21- Regular Council 05/ 26/ 09 CHESTER PRUITT PARK (CONT) Council discussion included the need to move the project forward and that it will help to unify the neighborhood; that the neighborhood had an active role and worked with City staff in developing the kind of park they wanted to see; that the CRA has funded this project and this is what the CRA does; and to disapprove the project would be a disservice to the City. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RES. 2009 -16, AMENDING BUDGET TO COMPLETE PARK REDEVELOPMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS FOR CHESTER PRUITT PARK IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised the amount listed on the Council agenda for Res. 2009 -16 of 156, 842 is incorrect; the correct amount is $ 263,242 and that is the amount listed in the resolution. The Finance Director also advised the funding amount includes the playground equipment. Mr. Garvie moved to adopt Res. 2009 -16 as corrected in the amount of $263,242. 00. Mr. Patterson seconded motion and it carried unanimously. with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1801 — DEPARTMENTAL REORGANIZATION The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 2. 14. 02, DEPARTMENTS ESTABLISHED, OF THE CODE OF ORDINANCES TO REORGANIZE CITY DEPARTMENTS; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resource Director, advised this ordinance would finalize the action taken last week to amend the Code of Ordinances, and would formalize the departments and functional units within the City' s organization. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to adopt Ord. 1801 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1802, ISSUANCE OF UTILITY SYSTEM REVENUE BONDS The City Attorney read the ordinance by title. AN ORDINANCE AMENDING ORDINANCE 1633 OF THE CITY IN CONNECTION WITH ITS UTILITY SYSTEM REVENUE BONDS; SERIES 2005; APPROVING THE TREATMENT OF SEWAGE BY OKALOOSA COUNTY; MAKING CERTAIN FINDINGS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE 2005 BONDS; AND PROVIDING AN EFFECTIVE DATE. 22_ Regular Council 05/ 26/ 09 ORD. 1802 ( CONT) The City Manager advised Ambac Assurance Corporation, the bond insurer, requested an ordinance amendment to include language to ensure they would get a return on the bond, and this language guarantees the interlocal agreement with the County for wastewater treatment services for the next 26 years. Discussion included the section of the ordinance that discusses the dismantling of the current treatment facility. John Hofstad, Utilities Director, explained that the plant needs to be dismantled as there will be no use for it once the interlocal agreement goes into effect. Mr. Hofstad noted it will take several years to dismantle the current facility, and that there is a provision in the lease with Eglin to restore sprayfields to pre -existing condition, and that portions of the plant will have to be dismantled in accordance with agreements the City already has. Also discussed was the plant's proximity to Santa Rosa Sound, and as a coastal community that is probably the reason for the language in the ordinance, and that this language was requested by the City's bond counsel. The City Attorney added the ordinance will probably be amended before first and second reading as it will be sent back to Ambac Assurance Corporation for their approval, so any motion should include that fact. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Reeves moved to approve Ord. 1802 on first reading to include anticipated amendments from the bond insurer. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. The City Attorney advised she would discuss the issue of the proximity of the plant to Santa Rosa Sound and if it is superfluous the language can be deleted. ORD. 1785, EXTENSION OF DEVELOPMENT ORDERS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, TEMPORARILY PREEMPTING SECTION 13.202D ( A/K/ A 13. 20. 1) DEVELOPMENT ORDER AND BUILDING PERMIT GUIDELINES AND SECTION 13. 312. H ( A/ K/A 13. 30. 12. H), EXPIRATION OF APPROVAL, OF THE LAND DEVELOPMENT CODE TO EXTEND VALIDITY OF CURRENT DEVELOPMENT ORDERS TO MARCH 30, 2012; PROVIDING THAT THIS ORDINANCE SHALL NOT BE CODIFIED; AND PROVIDING AN EFFECTIVE DATE AND SUNSET PROVISION. Samantha Abell, Senior Planner, advised the ordinance extends the validity of any development order, to include site plan approvals, certificates of concurrency, conditional uses, planned units developments and preliminary and final development plans, until March 30, 2012, and will Ms. Abell informed automatically be repealed as of April 1 2012, unless readopted by