Fort Walton Beach Council minutes — 10-14-08 regular minutes — reading text

19 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 14, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, October 14, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: r Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Virgil Miller Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, 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 Tim Gipson, Mercy Seat Ministries, gave the invocation. PLEDGE Youth from Mercy Seat Ministries led in the Pledge of Allegiance. PROCLAMATION - USERRA The Mayor presented a Proclamation on " Uniformed Services Employment and Reemployment Rights Act USERRA) to City employees Buddy Femia and Larry Diamco in recognition of their service in the National Guard and Reserve. RECOGNITION - BUSINESS OF EXCELLENCE The Mayor recognized Beach Community Bank and presented a plaque to Tony Hughes, President, for their community involvement and service to the community. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). CONSENT AGENDA Mr. Reeves moved to approve the consent agenda items. Mr. Holmes seconded motion. It was questioned how the City will know it is getting the best price on the request to waive the requirement of public advertisement and competition for gasoline and diesel fuel purchases. The Finance Director explained each time a purchase is needed the buyer will solicit quotes from three vendors on file with the City then the City will go with the lowest quote. The City Manager explained it is similar to the computer purchases. The City Attorney acknowledged there is no problem with this process. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent).  Regular Council 10- 14- 08 20 MINUTES Approval of the minutes of the Special Council Meeting of September 15, 2008; the Council Workshop of September 16, 2008; the Special Council Meeting of September 22, 2008; the Regular Council Meeting of September 23, 2008; and the Executive Session of September 29, 2008. ANNUAL FERTILIZER BID Award Bid # 08- 124 Annual Fertilizer Bid, to the lowest responsive, responsible bidders, Lesco, Inc. of Cleveland, Ohio and Agri- AFC, LLC of Summerdale, Alabama, for the purchase of approximately 210,000 lbs. of fertilizer on an as needed basis for the Golf Course, Parks & Recreation, of- and 1 Right- Way, Cemetery at an estimated cost of$ 100, 000. PAWS CONTRACT J Authorize the City Manager to execute a one- year contract with the Panhandle Animal Welfare Society PAWS) for fiscal year 2008- 2009 in the amount of $95, 431. 00. GASOLINE AND DIESEL FUEL PURCHASES Waive the requirement of public advertisement and competition for gasoline and diesel fuel purchases as required per City Code Section 4. 01. 02 and authorize the City Manager to approve these purchases provided that the purchase is made from the vendor with the lowest price. SPECIAL PRESENTATION Erik Stenberg, 808 Dawn Lane, Destin, President of Swedish American Connection invited City Council to participate in a meeting tomorrow night at the Emerald Coast Conference Center at 6: 00 p.m. when they will discuss the Sister City concept, the tennis tournament in March 2009, the UWF International Exchange Program, and other Swedish cultural issues. Mee Erickson, Swedish American Chamber of Commerce in participating in the expressed pleasure endeavors to promote trade and commerce between Sweden and this region. She relayed their support in establishing a relationship between the City of Fort Walton Beach and Kristinehamn. GENERAL PUBLIC Bill Couch resident of Navarre but owns property in the City received clarification that only City residents are eligible for a boating pass at Liza Jackson Park. He requested Council consider changing the resolution to allow tax-paying citizens who reside outside the City to be eligible as well. Janet Wilson, 368 Gardner Drive said she arrived at 5 :25 p.m. to attend the October 1 st CRA meeting and found no meeting or notice on the door and questioned the change of location to the library without proper notification. The Community Services Director explained City Council scheduled a special meeting that same night in the Council Chambers after the CRA meeting had been scheduled and the agendas had gone out so the CRA meeting was moved to the library as is done in such situations when there is a conflict. She said it was posted on both doors that the meeting had been moved but there was no time to provide any other notification. The Mayor explained City Council decided there was a need for a Special meeting because of a situation ~. with a very short turnaround. He apologized for the signs being taken down but it was posted there was a CRA meeting and the meeting did take place. He did not believe the change in location was a violation of the Sunshine law. He noted it was posted on the doors and that has been done before when there have been .." conflicts. The City Manager said she understood the CRA meeting did have some visitors at the meeting so J some people did see the notice on the change in location. The City Attorney was asked if it was a violation of the Sunshine by changing the location. The City Attorney stated it is not the change of the location but the lack of notice, if there was no notice, but no one knows when the notice was taken down or when it was posted. She said it is an error if there is no notice and a meeting is moved.  Regular Council 10- 14- 08 21 O- J - ORD. 1763: AMEND FLUM FOR WlLDWt> OD BLVD. FROM MDR TO MUCC The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR THE PROPERTY LOCATED ON WILDWOOD BOULEVARD, AND BEING LOTS 1- 17, OF THE WILDWOOD PARK SUBDIVISION IN FORT WALTON BEACH, FLORIDA, FROM MDR MEDIUM DENSITY RESIDENTIAL TO MUCC MIXED USE COMMUNITY COMMERCIAL; PROVIDING AUTHORITY AND FINDINGS OF FACT; AND SETTING AN EFFECTIVE DATE. The City Attorney noted the ordinance is before City Council on a motion to rescind the vote on Ordinance 1763 taken on September 9, 2008 and to deliberate again the application upon second reading. Dr. Pullen moved to rescind the vote on Ordinance 1763, taken on September 9, 2008, and to deliberate again the application upon second reading. Mr. Minich seconded motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Pullen, and Minich in favor and Garvie and Hartwell absent). opposed Miller The City Attorney gave the oath to everyone who expected to speak. Al Qualls, 209 Harris Road, passed out a copy of a memo from the CDS Department dated September 15, 2008 signed by Samantha Abell and a copy of the actual plat of the Wildwood Subdivision. He said he has owned the property for over 25 years and went over the history of the land designations of his property since it was annexed into the City in 1967 and designated on the Future Land Use Map as Commercial and zoned C- 2 General Commercial District. He expressed he did not discover his property had been redesignated until he attended a meeting at the request of the Public Works Director to discuss closing a portion of a road where he owns property. He said he discovered of his part property had been zoned light industrial