Fort Walton Beach Council agenda — 04-22-08 regular agenda — reading text

Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, Interim Finance Director; 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 Robert Rowe, Chapel of the Cross, gave the invocation. PLEDGE Youth from the Chapel of the Cross led in the Pledge of Allegiance. PROCLAMATION —NATIONAL PUBLIC WORKS WEEK The Mayor presented a Proclamation proclaiming May 18 — 24, 2008 as National Public Works Week to Tom Murray, Public Works Director. APPROVAL OF AGENDA The Mayor noted that Item 10, Res. 08 -10 on the Evaluation and Appraisal Report will only be for discussion tonight then it will come back in two weeks for adoption, and that Councilman Miller requested Item 14, regarding Purchasing Policies and Procedures be pulled from the agenda and 22nd placed on the April agenda. Mr. Garvie requested that Item 3, Purchase of a Combination Sewer Cleaner Truck be moved to the regular agenda. Mr. Minich moved to approve the agenda as the business of the day, with d the removal of Item be placed on the April 22 ° agenda, with Item 3 14 Purchasing Policies and Procedures to Purchase of a Combination Sewer Cleaner Truck moved to the Regular Agenda, and change Item 10, to Discussion of Res. 08 -10 on the Evaluation and Appraisal Report. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich absent (Hartwell absent).  4 -8 -08 Regular Council 84 CONSENT AGENDA Mr. Minich moved to approve the following consent agenda item. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich Hartwell in favor (H . ) absent MINUTES Minutes of the Special Council Meeting of March 15, 2008 ( Strategic Plan), Council Workshop of March 18, 2008 ( Charter Review), Council Workshop of March 25, 2008, and the Regular Council Meeting March 25, 2008. COMBINATION SEWER CLEANER TRUCK Section 4.01, Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Paragraph 4.01. 025 and the Purchasing Policies and Procedures, request authorization to award Bid No. 08 -112, Purchase of One ( 1) Combination Sewer Cleaner Truck, to the low responsive, responsible bidder, Sansom Equipment, Mobile, Alabama, for a total cost of $249,954. 00, including extended transmission trade in of City Vehicle # 2379, a 1997 Vaccon Sewer Cleaner Truck, warranty and selected options. If approved, sufficient funds are budgeted and available in the Utility Fund. John Hofstad, Utilities Director, explained the truck will replace an eleven year old truck used in the sewer collection system. He said the truck had approximately $ 11, 000 in repairs last year and has been condemned by the Fleet Division as it will require several thousand dollars to make it operational. He mentioned the benefits of having this equipment is it saves costly repairs, saves costly manpower hours and after hours work, and it helps to protect the environment because they are eliminating costly sewer spills that could mean compliance and enforcement penalties to the City. He explained how the trucks are used every day for the sewer system and for the stormwater infrastructure, that the usual life of this type of vehicle is ten years, a rental would cost $ 12, 000 a month, and the salvage value of the truck to be replaced is approximately $20,000 for the engine. Mr. Minich moved to award Bid No. 08 -112, Purchase of One (1) Combination Sewer Cleaner Truck, to the low responsive, responsible bidder, Sansom Equipment, Mobile, Alabama, for a total cost of $ 249,954.00, including trade in of City Vehicle # 2379, a 1997 Vaccon Sewer Cleaner Truck, extended transmission warranty and selected options. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). SPECIAL PRESENTATION —ERIK STENBERG, TENNIS CENTER UPDATE Eric Stenberg with the Tennis Center discussed the success of the third annual tennis tournament and reported he is now the tournament director for the same tournament in his hometown of Kristinehamn, Sweden, so they now have a sister tournament in Fort Walton Beach and Kristinehamn. He advised he is pursuing Kristinehamn and Fort Walton Beach becoming twin sister cities through the Global Citizen Diplomacy Network. Mr. Stenberg mentioned his company, Swedish -American Connection, purchased d airfare for the Mayor to travel to Sweden to be part of the opening ceremony on June 22" and attend the first four days of the tournament. PUBLIC HEARING —ORD. 1757: PUBLIC SCHOOLS FACILITIES ELEMENT The City Attorney read the ordinance by title. Regular Council 4- 8- 08 85 ORD. 1757 coat. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS —THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF THE PUBLIC SCHOOLS FACILITIES ELEMENT; AMENDING THE CAPITAL IMPROVEMENT ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOLS FACILITIES ELEMENT; AMENDING INTERGOVERNMENTAL COORDINATION ELEMENT TO ACCOMMODATE NEW PUBLIC SCHOOLS FACILITIES ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, reported the first reading coincides with the work plan outlined in the Interlocal Agreement signed March 2007 and approval will allow CDS to transmit the draft element to the Department of Community Affairs ( DCA) for review. She briefly went over the process for DCA to review and issue a report to which the City can respond then bring the element back to Council for second reading and adoption. She went over the Level of Service standards and explained currently there are no schools operating over 100% of permanent capacity and the element will allow for an administrative process for review of the public school capacity during the site plan ' review. She reported the Municipal Planning Board recommended approval of the ordinance and staff requests Council approval. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Miller moved to adopt Ord. 1757 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor Hartwell absent). PUBLIC HEARING — ORD. 1760: BOAT LAUNCH/RECOVERY AND OVERNIGHT DOCKING FEES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 7. 03. 01, WATERFRONT FACILITY MAINTENANCE AND PARKING, TO AUTHORIZE FEE FOR BOAT LAUNCH/RECOVERY AT LIZA JACKSON PARK AND OVERNIGHT DOCKING FEE AT FORT WALTON LANDING; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR BOAT LAUNCH/RECOVERY AT LIZA JACKSON PARK; PROVIDING FOR PENALTY BY CITATION OF THE CITY POLICE DEPARTMENT, FINE AMOUNTS, AND PROCEDURES FOR HEARING AND APPEAL; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Parks and Recreation Director, reported this ordinance proposes an overnight docking fee at the Landing. He said there is a pump -out station available to the boaters and staff proposes a 25. 00 a night docking fee. He reported the ordinance proposes a boat launch and recovery fee at Liza Jackson Park of $5. 00 per launch or a $ 100.00 yearly pass for citizens and $ 1, 000. 00 for commercial. He explained the fee will be used for such things as maintenance, rest room facilities, pavilions, boat ramps, and docks at Liza Jackson Park. It was mentioned that the City recently made improvements to the park through a Florida Recreational Development Assistant Program (FRDAP) Grant from the State and it was questioned if the City could possibly lose State funding.  Regular Council 4 -8 -08 86 ORD. 1760 coot. Mr. Peters stated the City would still be eligible for a FRDAP Grant but when they start charging a fee at Liza Jackson they would not be eligible for Boating Improvement money for Liza Jackson Park but they could still get funding for other locations. Mr. Peters was requested to explain the mechanics of collecting the fee, and whether any differentiation between City residents and non -residents had been considered. Mr. Peters explained the annual permit can be purchased for unlimited launches or there will be a station installed at the park with an envelope to insert $ 5. 00 for a temporary one day tag to be placed inside the vehicle. He further explained if the City received boating improvement money at one point in time they could not differentiate between a resident and non -resident. During some discussion there was some question whether overnight docking at the Landing would interfere with fishing from the piers, and it was noted there was no penalty stipulated in the ordinance for not paying a fee at the Landing. Mr. Peters stated there is docking allowed at the Landing now and he did not know that it interfered with fishing. The City Manager stated there is no penalty for not paying the overnight docking fee that it only pertains to the launching fee. The City Attorney noted that Section 11. 04.01 of the Code designates the entire procedure for the City' s Police Department to enforce parking violations. She said they could add parking and overnight docking. She explained the language in Section V was intended to include all of what is in the ordinance. There were further questions on the amount of boating revenue that would be received and who would collect the fines. Mr. Peters estimated the amount of revenue would range between $ 12, 000 - 15, 000. He said the Police Department would collect the fine and the City would keep 100% of the fine collected. The Mayor opened the public hearing. Phil Gallmeier, 206 Buck Drive, spoke against the ordinance as he expressed his views that the background letter requesting the ordinance and the ordinance itself did not document what the funds would be used for, and suggested the ordinance be redrafted with that information and the letter be redrafted to substantiate where there is a funding shortfall. He further suggested the