Fort Walton Beach Council minutes — 06-23-09 regular minutes — reading text

evaluate the City's approach to business regulations and what can be done to improve the services the City offers. The City Manager advised this panel would meet not less than once per month for not more than six months at which time it would present its recommendations to Council for consideration. Discussion included that this would be a City run committee so there would be no filtration through the efforts of the Chamber of Commerce; that Council would provide names of business persons for consideration to the Committee; and that no current members of any of the City's boards or committees be considered. Mr. Garvie moved to adopt Res. 2009 -24. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor Reeves absent). The City Manager requested Council provide names by the special Council meeting to be held on June 30; otherwise, it would have to wait until August.  229 Regular Council Meeting 6/ 23/ 09 RES. 2009 -23, CRA BUDGET AMENDMENT 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 THE PURCHASE OF TWO LOTS FOR HABITAT FOR HUMANITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor announced this item has been withdrawn from the agenda. RES. 2009 -20, WASTEWATER TREATMENT PLANT INTERLOCAL AGREEMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING THE WASATEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. The Mayor advised this item is continued to the June 30, 2009 Special Council meeting. ORD. 1791, ADOPTING OF THE ECONOMIC DEVELOPMENT ELEMENT The City Attorney read the ordinance by title on first reading. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE ECONOMIC DEVELOPMENT ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. Samantha Abell, Senior Planner, advised that the intent of Ord. 1791 is to adopt and enact the Economic Development Element ( EDE) of the City's Comprehensive Plan, and the purpose of the EDE is to establish a course for strategic economic development until the year 2020 and beyond. Ms. Abell informed the Municipal Planning Board, acting as the Local Planning Agency, considered public input and revisions to the EDE and approved the element at their meeting of March 5 2009, and advised Staff is requesting Council adopt Ord. 1791. The Mayor opened the public hearing. As there was none, the public hearing was closed. Council expressed their support of this ordinance. Mr. Holmes moved to adopt Ord. 1791 on first reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). ORD. 1802, UTILITY SYSTEM REVENUE BONDS 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 CONNECTIONS WITH THE 2005 BONDS; AND PROVIDING AN EFFECTIVE DATE. The Mayor advised this item is continued to the June 30, 2009 Special Council meeting. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment to Code Enforcement Board. Mr. Holmes nominated Lee McDonald, 18 Ru de le Roi, Fort Walton Beach, to the Code Enforcement Board as a regular member for a three -year term from June 23, 2009 until June 23, 2012. 230 Regular Council Meeting 6/ 23/ 09 CODE ENFORCEMENT BOARD APPOINTMENT (CONT) There were no further nominations. The Mayor called for the vote on the nomination to appoint Lee McDonald, 18 Ru de le Rol, Fort Walton Beach, to the Code Enforcement Board as a regular member for a three - year term from June 23, 2009 until June 23, 2012, and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). TERMINATION OF AGREEMENT —CDBG FUNDING Consideration of terminating the Agreement between Okaloosa County Development Corporation ( OCDC) and the City of Fort Walton Beach for the administration of Community Development Block Grant ( CDBG) Funding. Tim Bolduc, Building Official, explained that the City receives CDBG entitlement funding each year and had always administered the funds through the CDS Department and a CDBG administrator. However, last year the City entered into an agreement with the OCDC for the administration of the City's entitlement funding in return for the approximately 20 percent administration fee allotted by HUD. Mr. Bolduc continued that due to the current fiscal condition, the newly formed Engineering Services Department is reviewing the efficiency of each division, and has determined that staffing was sufficient to administer the CDBG program within the Engineering Services Department. Mr. Bolduc informed that Staff conducted a meeting of the Citizens Advisory committee ( CAC) and they provided a vote of confidence for the City to bring the agreement back to Council for review, and also that the City met with the Executive Director of the OCDC who expressed OCDC' s understanding of the City's position and agreed that the return of the administration of the funds may be in the best interest of the City. Therefore, Staff is requesting Council authorization for the Mayor to execute the agreement. The Mayor asked for public input. Patti Sunnarborg, Executive Director of the OCDC, advised that the City is up to date on their CDBG funding and that the OCDC is losing funding as well, but that she understands the position of the City and that the OCDC was happy to assist the City last year. Ms. Sunnarborg recommended that minutes be taken of the CAC meetings and that the members of the CAC take their roles seriously. There was no additional public input. Mr. Miller moved to terminate the Agreement between Okaloosa County Development Corporation ( OCDC) and the City of Fort Walton Beach for the administration of Community Development Block Grant ( CDBG) funding for fiscal year 2009 -10 to reside within the City's Engineering Services Department. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). FUNDING FOR RESURFACING PROJECTS /RES. 2009 -25 Consideration of a request to authorize the Mayor to execute three ( 3) Local Agency Program Agreements for five ( 5) road resurfacing projects to be funded through the American Recovery and Reinvestment Act of 2009; and authorize the City Manager to proceed with procuring design /build contracts for each project.  231 Regular Council Meeting 6/ 23/ 09 RESURFACING PROJECTS ( CONT) Michael Beedie, City Engineer, advised that FDOT informed that the City received funding from the American Recovery and Reinvestment Act (ARRA) in the amount of $ 1, 607,246. 00 for the resurfacing of five roadways segments consolidated into three projects. The three projects are 1) Yacht Club Drive and Memorial Parkway NW, $ 726, 114. 00; 2) County Club Avenue, 448,334.00; and Wright Parkway SW and Bay Drive SE, $ 432, 798. 00. Mr. Beedie advised the funding is 100 percent grant funding so no City match is required, and once a Notice to Proceed is issued for each project, a budget amendment will be necessary via resolution to accept the funding and account for the grant funds in either the fiscal year 2008 -09 or 2009 -10 budget, depending on the Notice to Proceed date. Mr. Beedie also advised that Resolution 2009 -25 formalizes the actions of the agreement. RES. 2009 -25, ROAD RESURFACING PROJECTS A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THREE LOCAL AGENCY PROGRAM AGREEMENTS FOR FIVE ROAD RESURFACING PROJECTS TO BE FUNDED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AUTHORIZING THE CITY MANAGER TO PROCEED WITH PROCURING DESIGN /BUILD CONTRACTS FOR EACH PROJECT UPON RECEIPT OF A NOTICE TO PROCEED FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION. The Mayor asked for public input. There was none. Mr. Rynearson moved to authorize the Mayor to execute three (3) Local Agency Program Agreements for five ( 5) road resurfacing projects to be funded through the American Recovery and Reinvestment Act of 2009; and authorize the City Manager to proceed with procuring design /build contracts for each project, and to adopt Res. 2009 -25. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). BUILDING CODE INSPECTIONS /PLAN REVIEW SERVICES MUTUAL AID AGREEMENT Consideration of approval of Building Code Inspections and Plan Review Services Mutual Aid Agreement. Tim Bolduc, Building Official, advised the mutual aid agreement is between the building departments of Fort Walton Beach, Destin, and Okaloosa County, and provides a clear means for the various building divisions to provide assistance with building inspections and plan review services to the other agencies included in the Agreement. Mr. Bolduc also advised the Agreement provides a clear means to cover any costs incurred while providing the services under the Agreement. The Mayor asked for public input. There was none. Mr. Rynearson moved to approve the Mutual Aid Agreement for Building Code Inspections and Plan Review Services and authorize the Mayor to execute the agreement. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). 232 Regular Council Meeting 6/ 23/ 09 APPOINT VOTING DELEGATE FOR THE FLOC CONFERENCE Appoint a Voting Delegate for the Florida League of Cities ( FLOC) Conference in August. Mr. Nabors nominated Bill Patterson as the voting delegate for the FLOC Conference August 13 -15, 2009. There were no further nominations. "'"""" The Mayor called for the vote on the nomination of Bill Patterson as the voting delegate for the FLOC Conference August 13 -15, 2009 and it carried unanimously with Holmes, Miller, Garvie, Nabors, Patterson, and Rynearson in favor (Reeves absent). CITY MANAGER REPORTS The City Manager asked Police Chief Ted Litschauer to give Council a report on the problem of live bears in the Lovejoy /Sylvania Heights area. Chief Litschauer advised the police department is doing all it can and that educating the citizens of the area is the best way in the effort to control the situation. CITY ATTORNEY REPORTS Consideration of terminating the services of James Murray and transferring case management