Fort Walton Beach Council agenda — 03-09-2010 Regular — reading text

Engineer, advised the ordinance revises the Stormwater Management Utility to account for an error in the original Equivalent Residential Unit ( ERU) calculation and also clarifies the calculation of the user fee for residential and commercial properties. Mr. Beedie continued that upon adoption by second reading, a resolution will be brought forward for Council's consideration correcting the fee schedule and requesting the City Manager and Finance Director work out the credit to the utility accounts for the overages. Mr. Beedie also informed that Michael Bomar of Tetra Tech, the City's Stormwater Utility consultant, was present in the event Council had questions. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1821 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). ORD. 1822, AMENDS MEETING TIME OF MUNICIPAL PLANNING BOARD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A 5: 30 PM MEETING TIME OF THE MUNICIPAL PLANNING BOARD AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planning Manager, explained that at their February 3, 2010 meeting, the Municipal Planning Board voted unanimously that City Council approve a change in the Board' s meeting time from 5 pm to 5: 30 pm to coincide with the same time as the Local Planning Agency, which is 5: 30 pm. The Mayor opened the public hearing. As there was none, the public hearing was closed. The City Attorney requested that 'pm' be added to the time in the ordinance. Mr. Reeves moved to adopt Ord. 1822 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). 7- Regular Council 2/ 23/ 10 ORD. 1823, AMENDS TEMPORARY /SPECIAL EVENTS PERMITTING PROCEDURE The City Attorney read the. ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES TO ALLOW CERTAIN TEMPORARY BUSINESS ENDEAVORS AND EVENTS ON PUBLIC AND PRIVATE PROPERTY, CITY, COUNTY, AND STATE RIGHTS OF WAY, AND OTHER LANDS; AND TO ESTABLISH EVENT PERMITTING PROCEDURES FOR SUCH ACTIVITIES; AMENDING CHAPTER 7, LEISURE & RECREATION SERVICES AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES FOR CONSISTENCY WITH EVENT PERMITTING PROCEDURES OF CHAPTER 8; PROVIDING FOR CONFLICT AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. Ms. Abell advised that during public meetings the Downtown Merchants Committee requested changes to foster the arts and entertainment, and that this ordinance fosters economic stimulus by encouraging entrepreneurship and the arts, building on the City's tourism industry, and creating a more efficient permitting process, as well as addressing the majority of the merchant's issues. The Mayor opened the public hearing. Maggie Halsey, 200 Holmes Blvd. and owner of Barefoot Weddings in downtown Fort Walton Beach, spoke in favor of the ordinance and discussed the activities that the Merchants Association has planned for downtown, including an art walk on March 19. Doug Reed, 842 Santa Rosa Court, announced that downtown will stay open until 9: 00 pm on March 19 for the art walk. As there was no one else who wished to speak, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1823 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). CODE ENFORCEMENT SETTLEMENT —GODWIN PROPERTY Consideration of a Settlement Agreement for Liens on Code Enforcement Fines at 205 & 207 Florida Place SE ( Godwin property). Tim Bolduc, Building Official, discussed the code violations that occurred from 2005 through 2008 on the properties located at 205 and 207 Florida Place SE, which at the time were owned by Mrs. Jody Godwin. Mr. Bolduc continued that in addition to these properties, Mrs. Godwin . owned three properties ( Lots 1, 2, and 7) in Grand Oaks in Destin, and that within the last several years, some if not all of these properties were sold. At the time of each sale, Mr. Bolduc reported a title search was performed, but the liens were not discovered and the City was not notified. Mr. Bolduc informed that after being made aware of the property sales, the City's Code Enforcement Attorney, Joseph Lorenz, made contact with the title company to pursue the City's interest, who in turn received a settlement request from First American Title Insurance Company offering $ 5, 000 for the release of the liens placed only on Lot 1 in Grand Oaks. Mr. Bolduc statedthat the City Attorney provided him an e- mail concurring with Mr. Lorenz and recommended acceptance of the settlement offer of $5, 000, and that Staff requests City Council authorization to follow the recommendation of the Code Enforcement Attorney and accept the settlement offer of $ 5, 000 to release the liens on Lot 1, Grand Oaks, in Destin. g-  97 Regular Council 2/ 23/ 10 CODE ENFORCEMENT SETTLEMENT (CONT) Council questioned whether the offer could be rejected and a counteroffer given. The City Attorney advised that is in the purview of Council; however, if the offer is rejected litigation would result and the City has already engaged in foreclosure against Mrs. Godwin for several years. The City Attorney further stated that Mr. Lorenz, as the Code Enforcement Attorney, handles the foreclosure cases and it is his advice that this course of action be taken. Mr. Bolduc explained Staff is supporting this offer because a possibility exists that if not accepted, the City may lose the opportunity to collect additional monies in the future. Further discussion included the need for the Code Enforcement Attorney to be present at Council meetings when settlement and litigation issues are discussed. The Mayor opened the floor for public input. As there was none, the public input was closed. Mr. Reeves moved to reject the settlement offer of $5, 000 from the First American Title Insurance Company, and to send Mr. Lorenz back with a counter offer. Mr. Holmes seconded motion. Council expressed their thoughts that $ 5, 000 is not appropriate for this particular case; that the City incurred $ 10, 000 in demolition fees for one of the structures on the property; that this could set a precedent for future settlement offers; and that the title company was in error because when the title search was performed, they did not discover the liens and therefore, the City was not notified. The City Attorney suggested the motion include that Mr. Lorenz be given the authority to litigate. Mr. Reeves amended his motion to include giving Mr. Lorenz the authority to litigate. Mr. Holmes accepted the amendment. The Mayor called for the vote on the motion, as amended, and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). Mr. Reeves requested that in the future, Mr. Lorenz be present to discuss his efforts with the City Council. MERRILL LYNCH LAWSUIT Discussion of a lawsuit against Merrill Lynch for General Employee Pension Fund losses. The Finance Director explained that the draft agreement from Beggs and Lane has been reviewed and it stipulates a fee between $ 410, 000 and $ 445,000, depending on whether or not the litigation goes to court, and is based on estimated damages of $ 1. 3 million. In discussing the agreement with the City Attorney, the Finance Director stated the terms are common for this type of litigation, and the fund will still net between $ 870, 000 and $ 900,000. The Finance Director continued that Beggs and Lane have requested the City's pension attorney, Jim Linn, work on the contingency fee arrangement, but Mr. Linn has advised he prefers not to. However, the City would still like Mr. Linn to monitor the lawsuit, which he is willing to do, and he would bill the City at his current hourly rate. Council discussion included the fees for Beggs and Lane as well as that of Mr. Linn. The City Attorney stated that due to the complexity of the case and that three law firms are involved, it would be wise for the City to engage the services of Mr. Linn and clarified he will not be involved in the actual litigation; he would monitor it per his existing hourly fee arrangement with the City. g- Regular Council 2/ 23/ 10 MERRILL LYNCH LAWSUIT (CONT) The Mayor opened the floor for public input. As there was none, the public input was closed. The City Attorney advised that the City can request a representative from one of the other law firms involved in the lawsuit, Levin Papantonio Thomas Mitchell Eschner & Proctor and Ledbetter & Associates, or Mr. Linn if they prefer, to present additional information in addition to the presentation that was given by Mr. Gregory Miller from Beggs & Lane on February 9. Consensus of Council was for Staff to request Mr. Linn address Council at a time when he is available. NWFLOC 2010 EXCELLENCE AWARDS Consideration of nominations to the Northwest Florida League of Cities ( NWFLOC) Municipal Excellence awards. The Mayor reported the NWFLOC- is accepting nominations for the 2010 Municipal Official of the Year Award and the 2010 Community of Excellence Award, and the Florida League of Cities FLOC) is taking nominations in the categories of City Spirit Award, Florida Citizenship Award, and Environmental Stewardship Award. The Mayor asked Council if they wanted to participate in either or both programs, and what projects they wanted to nominate. Consensus of Council was to nominate the Chester Pruitt Park Renovation project for the NWFLOC City of Excellence Award and the Liza Jackson Streambank for the FLOC Environmental Stewardship Award. Staff will prepare the nomination forms to submit to the two organizations for consideration. SUPPORT FOR THE GOVERNOR STONE Consideration of support for funding a $ 300 sign for the Governor Stone Schooner. Mr. Garvie discussed funding for the Governor Stone Schooner to be docked at the Landing, including $ 600 to fund an electrical conduit which is necessary for a bilge pump and an informational sign at a cost of approximately $ 300. 00. Mr. Garvie relayed the educational opportunity the vessel would provide for the City, and noted the problem with bringing the Governor Stone to the City is the lack of a detailed time frame by the Friends of the Governor Stone ( Friends) as to when the ship would be docked at the Landing. The Mayor opened the floor for public input. Dick Gercak, 214 Miracle Strip Parkway, and a member of the Friends of the Governor Stone Friends), guaranteed a minimum of two months in the dock area, and maybe more. Mr. Gercak noted that right now a definite time frame cannot be given because the City has not yet committed itself; however, the Friends is building their schedule for next year, and once everyone has committed, a definite schedule for next year can be