Fort Walton Beach Council minutes — 11-23-2010 regular — reading text

271 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 23, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 23, 2010, at 6: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, joyce gossom, Dennis Reeves, Mike Minich, Bobby Nabors, Bull Rigdon; and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Hayward Dykes Jr., 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 Mike Sigler, First United Methodist Church of Fort Walton Beach gave the Invocation. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. RECOGNITIONS— STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Christine Pho of Fort Walton Beach High School and Anna Jinks of Choctawhatchee High School. PRESENTATION— CHAMBER OF COMMERCE Ted Corcoran, CEO of the Chamber, informed Council of a Candidate Forum which will take place on December 7, 2010. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CONSENT AGENDA Mr. Holmes moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. AMENDED FY 2009 -2010 CDBG ANNUAL ACTION PLAN To approve the amended FY 2009 -10 CDBG Annual Action Plan as approved by the Citizens Advisory Committee on November 4, 2010. 272 Regular Council Meeting 11/ 23/ 10 FY 2009 -10 CDBG CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT To approve the FY 09 -10 Community Development Block Grant ( CDBG) program Consolidated Annual Performance and Evaluation Report ( CAPER), which adds $ 10, 000 to World Changers amount from excess completed Infrastructure Improvements. VEHICLE PROCUREMENT To authorize the purchase of a 1. 5 ton payload pick -up truck from Hub City Ford through State Contract 09 -17 -0908 in the amount of $32, 028 for water operations. CONTRACT FOR LDC —GAIL EASLEY COMPANY To authorize the City Manager to execute a contract with the Gail Easley Corripany of Crystal River, Florida, to revise the Land Development Code for a not to exceed amount of $125, 000 with $ 107, 500 approved in the FY 10 -11 budget and the remaining $ 17, 500 from the FY 11 - 12 budget; and to authorize the City Manager to approve any additional meetings or workshops that are necessary to complete the revised Land Development Code at a not to exceed amount of $3, 300 per meeting or workshop. MEMORANDUM OF UNDERSTANDING — US MARSHALL SERVICE To approve the FY 2011 Memorandum of Understanding and related appropriations documents, set at of $ 3, 000 and $ 75, 000 a maximum respectively, and authorize the Police Chief to execute the documents. APPOVAL OF MINUTES To approve the minutes of the November 9, 2010 Regular City Council meeting. AMENDED JOINT USE AGREEMENT To approve the amended Joint Use Agreement between the City and Okaloosa County for the internal roadway serving the Judicial Complex. PUBLIC COMMENTS George Tisza, Jr., Choctaw Road, relayed to Council his concerns regarding a skateboard ramp in a residential neighborhood installed by his neighbor. Mr. Tisza continued it is becoming a nuisance due to the noise not only to him but to the surrounding residents, and that he has contacted the City' s Code Enforcement and the Police Department but was advised there is no ordinance that deals with this type of nuisance. The City Manager asked Mr. Tisza to leave his contact information and that he would call him on Wednesday to discuss and hopefully find a remedy to the problem. RESOLUTION 2010 -35, REVOLVING LOAN PROGRAM The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTA13LISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE.  273 Regular Council Meeting 11/ 23/ 10 RES. 2010 -35 ( CONT) Michael Beedie, Engineering/Utilities Director, informed the Hurlburt Field/City of Fort Walton Beach Reuse Water Main Project began in December of 2000 with a grant and after several delays the project went for bid in 2006; however, as a result of increases in materials and labor costs, the bids for the project exceeded the remaining grant amount. Mr. Beedie continued that in 2009 the City submitted an application to include the remaining phases of the project through the State Revolving Program, and the resolution approves a loan from the State in the amount of $2, 183, 598 with an estimated interest rate of 2. 57 %, with a payback period of 20 years to complete the Hurlburt Field Reuse Water Main Proj ect. The Mayor asked for public input. There was none. Mr. Rigdon moved to adopt Res. 2010 -35. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RESOLUTION 2010 -40, AMENDS FY 09 -10 BUDGET The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN FFECTIVE DATE. Brandy Wunker, Finance Director, advised the resolution increases the General Fund by $ 817, 966 to record donation/agency account revenues and early retirements, resulting in a General Fund budget of 19, 692, 186; increases Law Enforcement Trust Fund by $ 1, 999 for agency spending for a Law Enforcement Trust budget of $ 28, 122; and increases Utilities Fund by $ 66, 203 to record early retirement payouts for a Utilities Fund budget of $66, 303. 00. The Mayor asked for public input. There was none. Mr. Holmes moved to adopt Res. 2010 -40. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RESOLUTION 2010 -41, AMENDS FY 09 -10 BUDGET The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. Ms. Wunker advised the resolution increases the General Fund by $ 4, 900 for expenses resulting in a General Fund budget of $ 17, 638, 514; increases the Utilities Fund budget by $ 386, resulting in a Utilities Fund budget of $7, 716, 554; and increases the Stormwater Fund budget by $ 300 due to 36, additional unanticipated revenues and expenditures, resulting in a Stormwater Fund budget of 601, 300. 00. The Mayor asked for public input. There was none. 274 Regular Council Meeting 11/ 23/ 10 RES. 2010 -41 ( CONT) Mr. Rynearson moved to adopt Res. 2010 -41. Mr. Rigdon seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. RESOLUTION 2010 -42, DESIGNATE BROWNFIELD AREA The Mayor read the resolution by title only. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING A BROWNFIELD AREA IN THE CITY FOR PROPERTIES GENERALLY LOCATED IN THE WHOLESALE AND LIGHT INDUSTRIAL ZONING DISTRICT AS DEPICTED IN EXHIBIT A AND DESCRIBED IN EXHIBIT B. CONSISTING OF APPROXIMATELY 236 ACRES, FOR PURPOSES OF ENVIRONMENTAL SITE REHABILITATION AND ECONOMIC REDEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Stella Jones, City Planner, advised the resolution designates a Brownfield Area consisting of approximately 236 acres for properties located in the Hollywood Boulevard Wholesale and Light Industrial Zoning District area for purposes of environmental site rehabilitation and economic redevelopment. Ms. Jones advised Res. 2010 -42 requires two reading per Florida statutes and tonight is the first reading. She further informed that letters were mailed to property owners of the area and signage was posted throughout the proposed brownfield area. The Mayor asked for public input. Dave Jacoby, property owner in the designated area, was informed that brownfield sites are not necessarily contaminated but can be blighted or perceived to be blighted, and that the ultimate reason for the designation is for property owners to take advantage of incentives they otherwise would not be entitled to. Mr. Jacoby was also advised that property owners have the opportunity to opt out if they choose to. Greg Britton of Fort Walton Machine was advised that Staff has been trying the past year is to look at different ways to revitalize the area, and designating the area as a brownfield is a way to do so. Jeff Murie, property owner, was informed that once designated a brownfield. the designation lasts indefinitely. Tim McDonald of Fort Walton Machine was advised that property owners are not obligated by the State to do any kind of cleanup due to this designation. There was no additional public input. Mr. Holmes declared a conflict of interest advising he is the beneficiary of a trust on property located at 16 Robinwood Drive, which is in the proposed brownfield area, and would abstain from the vote. Mr. Nabors moved to adopt Res. 2010 -42. Ms. gossom seconded motion and it carried unanimously with gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor ( Holmes abstained).  275 Regular Council Meeting 11/ 23/ 10 RELEASE OF LIEN - 205 FLORIDA PLACE Tim Bolduc, Chief Building Official, reported that Vanguard Bank and Trust Company, owners through foreclosure of 205 Florida Place, requests the City release the defunct code enforcement lien in exchange for $ 1, 000. Mr. Bolduc