Fort Walton Beach Council minutes — 12-12-06 regular minutes — reading text

MEETING 135 MINUTES OF THE REGULAR COUNCIL BEACH, FLORIDA OF THE CITY OF FORT WALTON DECEMBER 12, 2006 INTRODUCTION Florida, was held on Tuesday, A regular meeting of the City Council of Fort Walton Beach, with the following m. in the Council Chambers at City Hall, December 12, 2006, at 7: 00 p. members present: r i Mayor Mike Anderson Tucker, Dr. Wayne Pullen, Patterson, Bob Campbell, Jim Councilmen: Mike Holmes, William and Mike Minich Absent: Jim Hartwell Absher, Finance Helen Spencer, City Clerk; Lisa Also Present: Joyce Shanahan, City Manager; Directors and Media. Director; Toni Craig, City Attorney; Department CALL TO ORDER He requested anyone who called the meeting to order and welcomed everyone. The Mayor then state his or her address Council to approach the podium after being recognized, wished to name and address for the record. INVOCATION of Faith Church gave the Invocation. Pastor Charles Sansom, Sr. from Family PLEDGE OF ALLEGIANCE of Allegiance. The Jr. ROTC from Fort Walton Beach High School led in the Pledge STUDENT ACE AWARDS of Fort Walton Beach High Awards to Shelby Garriga The Mayor presented the Student ACE School. School and Danielle Aho of Choctawhatchee High WINNERS PRESENTATION- CHRISTMAS PARADE 2006 Christmas Parade. to th& winners of the The Mayor presented awards SPECIAL GUEST- ERIK STENBERG event occurring from January Erik Stenberg, 808 Dawn Lane, announced the Pro Circuit Tennis Beach Tennis Center. 13- 21, 2007, at the Fort Walton CONSENT AGENDA items. Mr. Holmes the following Consent Agenda Mr. Patterson moved to approve Campbell, Tucker, seconded motion and it carried unanimously with Holmes, Patterson, Pullen, and Minich in favor ( Hartwell absent). APPROVAL OF MINUTES 21, 2006, and the Regular Council the Special Council of November Approval of the minutes of 2006. Meeting of November 28, FAIR ASSOCIATION OPERATIONS PLAN- 2007 NW FLORIDA Plan for the Northwest Florida Fair Association. To approve the 2007 Operations  136 12/12/ 06 REMOVAL OF FIXED ASSETS To authorize the removal of fixed assets per Florida State Statute Title XVIII, Chapter 274. 07, from the City' s accounting inventory and record it in the City Council minutes for items that were disposed of during Fiscal Year 2005- 06. GRANT OF EASEMENT FROM NWEC DEVELOPMENT, BROOKS STREET To accept the amended Grant of Easement from NWEC Development, LLC, for sidewalk and utilities along the south side of Brooks Street on the Indianola on the Water Condominium property. BID 07. 104, SOUND PARK IMPROVEMENTS To award Bid 07- 104, Sound Park Improvements, to the lowest responsive, responsible base bidder, Orange Contractors of Destin, FL, in the amount of $ 190, 300. 30, and authorize the City Manager to approve change orders in the not to exceed amount of $20, 000 PUBLIC HEARING- ORD. 1712, WRECKER OPERATIONS " BOOTING" The City Attorney read the ordinance title by only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 11. 12, WRECKER OPERATIONS AND SERVICES, TO ADD IMMOBILIZATION (" BOOTING") AS A REGULATED WRECKER SERVICE ON PRIVATE PROPERTY; AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1712 on second reading. Mr. Campbell seconded motion. Mr. Holmes announced a conflict of interest as he works for a wrecker company and will abstain from the vote. The Mayor called for the vote on the motion and it carried by a vote of 4 to 1 with Patterson, Campbell, Tucker, and Pullen in favor and Minich opposed ( Hartwell absent, Holmes abstained). REGULAR AGENDA- OCDC REQUEST Consideration of a request from Okaloosa County Community Development Corporation OCDC) for approval of Local Housing Assistance Plan ( LHAP) for years 2006/ 07, 2007/08, and 2008/ 09; and the Hurricane Housing Assistance Plan ( HHAP) for years 2007/ 08, 2008/ 09, and 2009/ 10. Patti Sunnarborg, Executive Director of OCDC, discussed the HHRP Housing Strategies, ] including Substantial Rehab/ Reconstruction; Home Purchase Assistance; Foreclosure .........,.............. Prevention, and Volunteer- Based Housing initiatives. Ms. Sunnarborg advised that the reports ... from OCDC are presented annually to the Okaloosa County Commissioners and to the City for review and certification, and that SHIP is requesting recertification of the Interlocal Agreement. Mr. Tucker moved to approve the Local Housing Assistance Plan ( LHAP) for years 2006/ 07, 2007/ 08, and 2008/ 09 and the Hurricane Housing Assistance Plan ( HHAP) for years 2007/ 08, 2008/ 09, and 2009/ 10, and to approve the Recertification of the Interlocal Agreement. Mr. Campbell seconded motion and it carried Patterson, Campbell, Tucker, Pullen, and Minich in unanimously with Holmes, favor (Hartwell absent). if L.. iU I_  137 12/ 12/ 06 RES. 2006-31, MAXIMUM FEE BY WRECKER OPEATORS The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING RESOLUTION 2006- 12 TO ESTABLISH AND INCLUDE A MAXIMUM FEE TO BE CHARGED BY WRECKER OPERATORS AND OWNERS FOR THE WRECKER SERVICE OF IMMOBILIZATION (" BOOTING") IN THE CITY LIMITS OF THE CITY OF FORT WALTON BEACH, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. Police Chief Ted Litschauer explained the resolution, if adopted, will adopt a fee in the amount of $ 2. 50 for booting which was not included in the original ordinance. Chief Litschauer informed the purpose of the fee is to discourage the business of booting as it is not providing a wrecker service, but is a punitive measure that has been used. The Mayor opened the public hearing. Jerry Kennedy, City resident, received clarification on how an individual can recover his vehicle if it is booted. Mr. Tucker moved to adopt Res. 06- 31. Dr. Pullen seconded motion. Mr. Minich stated his feeling that this is not the correct approach; that a fee should be set for the practice of booting similar to that of the county, which has a fee of $25. 00 for booting. Mr. Holmes announced a conflict of interest as he works for a wrecker company and will abstain from the vote. Mr. Minich moved to amend Section 2-A of Res. 06- 31 by deleting the amount of $ 2. 50 and substituting it with the amount of $25. 00. Mr. Patterson seconded motion and it failed by a vote of 2 to 3 with Patterson and Minich in favor and Campbell, Tucker, and Pullen opposed ( Hartwell absent, Holmes abstained). The Mayor called for the vote on the motion to adopt Res. 06- 31 and it carried by a vote of 4 to 1 with Patterson, Campbell, Tucker, and Pullen in favor and Minich opposed ( Hartwell absent, Holmes abstained). RES. 2006- 30, AMENDING SECTIONS OF COMPREHENSIVE FEE SCHEDULE The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE