Fort Walton Beach Council minutes — 08-12-08 regular minutes — reading text

handle the new foreclosure case. The Mayor opened the floor for public input. As there was none public input was closed. Dr. Pullen moved to authorize attorney Joe Lorenz as special trial counsel for the City in the case of J. La Don Dewrell vs. Jody Godwin, City of Fort Walton Beach, et. aI.,Okaloosa County Case No. 2008- CA-3749. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent).  Regular Council 8- 12- 08 214 RES. 08- 32" LIEN AT 207 FLORIDA PLACE The Mayor read the resolution by title. A RESOLUTION OF TIlE CITY OF FORT WALTON BEACH, FLORIDA, IMPOSING A LIEN ON THE PROPERTY AT 207 FLORIDA PLACE, FORT WALTON BEACH, FLORIDA, FOR THE COSTS OF ABATEME~rT OF NUISANCE PURSUANT TO SECTION 5. 05. 08 OF THE CODE OF ORDINANCES; AND SETTING AN EFFECTIVE DATE. Missy McKim, CDS Director, reported this will impose a lien to cover the cost of the demolition of the building at 207 Florida Place which was a major nuisance to the City and they did go through the nuisance abatement proct~ss. She said the cost was a total of $9, 497.00 which covers the cost of the asbestos survey, demolition and the administrative fees the City incurred. Staff requested Council approve the resolution. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Minich moved to adopt Res. 08- 32. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). RES. 08- 25" CDBG BLOCK GRANT FUNDS The Mayor read the resolution by title. A RESOLUTION OF TIlE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING THE SUBMISSION OF THE A.NNUAL ACTION PLAN AND AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT; PROVIDING THE EFFECTIVE DATE THEREOF. Missy McKim, CDS Director, reported the grant allotment for FY 08/ 09 is $ 141, 267. 00 and the Citizens Advisory Comn1ittee reviewed the request for the public service funds and the overall allocation of the grant allotment. She went over the recommended allotment and requested approval of the resolution. Dr. Pullen disclosed he is Council representative to Headstart. Mr. Reeves moved to adopt Res. 08- 25. Mr. Holmes seconded motion and it carried unanimously with Holmles, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). RES. 08- 29" FLORIDA SUNSHINE LAWS The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO FLORIDA' S CONSTITUTION TO REQUIRE THE LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS, AND SETTING AN EFFECTIVE DATE. There was some discussion on whether anyone had talked with the legislators to receive their thoughts on whether or not it will put hamstrings on the legislators to operate under the Sunshine Laws. Dr. Pullen moved to adopt Res. 08- 29. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, Reeves, Pullen, and Minich in favor and Garvie opposed ( Miller and Hartwell absent). Regular Council 8- 12- 08 215 RES. 08- 24" EQUAL RIGHTS AMENDMENT The Mayor read the resolution by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH ADVOCATING PASSAGE OF THE EQUAL RIGHTS AMENDMENT BY THE FLORIDA LEGISLATURE. The City Manager recalled this item was brought to Council on June 24, 2008 by Mary Blackwell, President of the League of Women Voters of Okaloosa County requesting Council prepare a resolution to ratify the Equal Rights Amendment ( ERA) and attached is a resolution in the context received from Ms. Blackwell. Mary Blackwell, 1562 Glen Lake Circle, Niceville, added that Representative Sansom is waiting to hear from his constituents The Mayor opened the floor for public input. As there was none public input was closed. Mr. Garvie moved to adopt Res. 08- 24. Mr. Reeves seconded motion. There was some discussion on the language of the resolution being gender specific and the desire that the resolution address equal opportunity for everyone. Dr. Pullen moved to table Res. 08- 24 and bring back with verbiage that is not gender specific. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Harwell absent). RES. 08- 26" WAIVER OF PERMIT PROCESSING FEES ( DEP) The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, CERTIFYING THAT THE CITY MEETS THE FISCAL HARDSHIP CRITERIA OF SECTION 218. 075 F. S. AND THEREFORE QUALIFIES FOR A REDUCTION OR WAIVER OF PERMIT PROCESSING FEES FOR THE DEPARTMENT OF ENVIRONMENTAL PROTECTION ( DEP) AND/OR NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT. Samantha Abell, Department reported the CDS Department fills out a Senior Planner CDS memorandum annually with the latest published ad valorem tax data published by the Florida Statistical Abstract by the Bureau of Economic and Business Research. She said the findings from the data certify that the City' s percentage of exempt properties exceeds the statewide average; therefore, the City is eligible to receive a reduction of permit processing fees from the Department of Environmental Protection and the Northwest Florida Water Management District. Staff requests approval of the resolution. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Garvie moved to adopt Res. 08- 26. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). BOARD OF ADJUSTMENT APPOINTMENTS Consideration of appointments to the Board of Adjustment for four- year terms. Mr. Minich nominated Steven Fleming, Glenn Swiatek, and William Walter.  Regular Council 8- 12- 08 216 BOARD OF ADJUSTMENT APPOINTMENTS cont. The Mayor called for the vote on the nomination to appoint Steven Fleming, 319 Lake Drive NW; Glenn Swiatek, 428 Sherry Circle; and William Walter, 320 Smith Drive, to serve on the Board of Adjustment for four-year terms beginning August 12, 2008 until August 12, 2012 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor ( Miller and Hartwell absent). CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointJl1ent to the Code Enforcement Board to fill an unexpired term until August 21, 2009. Mr. Minich nominated Jeffrey Pendleton. The Mayor called for the vote on the nomination to appoint Jeffrey Pendleton, 11 Higdon Court, as regular member on the Code Enforcement Board to fill the unexpired term beginning a August 12, 2008 until August 21, 2009 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). FORT WALTON BEACH WATERFRONT COMMITTEE APPOINTMENTS Consideration of appointrnents to the F ort Walton Beach Waterfront Committee to fill unexpired terms until October 8, 2011. Mr. Garvie nominated Phillip Gallmeier as a boater and Captain John Johnson as a boater. The Mayor called for the vote on the nomination to appoint Phillip Gallmeier, 206 Buck Drive, as a boater to serve on the Fort Walton Beach Waterfront Committee to fill the unexpired term beginning August 12, 2008 until October 8, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). The Mayor called for thle vote on the nomination to appoint Captain John F. Johnston, P. O. Box 357, Shalimar, as a boater to serve on the Fort Walton Beach Waterfront Committee to fill the unexpired term beginning August 12, 2008 until October 8, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). OTHER CITY BUSINESS (FOR DISCUSSION) Dr. Pullen advised that :Head Start credits the City with in- kind credit for papers left over from the agendas in a recycling effort, and asked if the City wished to set a value on the paper. The City Manager replied that Head Start could set the value for the paper. MAYOR/COUNCIL A~ NNOUNCEMENTS Mr. Holmes complimented the Fire Department on the lovely fountain in front of the Fire Department; and thanked the county for paving Hollywood Blvd. Mr. Reeves reported on his trip to Monterrey as a member of the Gas Board and that energy was discussed by the experts in the field. Mr. Garvie discussed the Emerald Coast Honor Flight which takes WWII veterans to Washington DC to view the various memorials, and that he will be a member of that organization. Mr. Minich stated the recycling program is doing well and that perhaps another trailer could be added as the present one is always full. He discussed the MyFloridaMilitary.com Program and the wonderful service it is for individuals getting out of the military. Regular Council 8- 12- 08 217 MAYOR/COUNCIL ANNOUNCEMENTS cont. Mayor Anderson commended the City' s Public Works, Utilities, and Police Departments for their efforts for the City; congratulated and thanked Capt. Shannon Stone for his years as president of the Fire Department Union; and advised that he and the City Manager are involved in a project with the Chamber working on branding and coming up with a tag name for the City. He mentioned the pancake breakfast at the Senior Center and that the pancakes were donated by Bruce Ravan from Humana, who plans to do that the first Tuesday of each month. Mr. Minich requested that Police Chief Litschauer relay the actions of the Police Department toward a young girl with a small baby who came to the police department looking for clearance required for the shelters and to receive assistance. Chief Litschauer