Fort Walton Beach Council agenda — 03-26-13--regular — reading text

55 5"5"' ' LengthLength ofof Term:Term: os:os: DateDate ofof originaloriginal appointappoint Date(Date( s)s) re-re- appointedappointed  F- 1-5 T- 1 City Council of Fort Walton Beach CITY CLERK MEMORANDUM To: Michael D. Beedie, City Manager From: Helen Spencer, City Clerk Date: March 26, 2013 Subject: City Election Canvassing Board Results ATTACHMENTS: Official Election Results 2013 ( PDP) SIGNATURE BLOCK: Helen Spencer Completed 03/ 20/ 2013 1: 57 PM Carole Jones Completed 03/ 20/ 2013 1: 59 PM City Manager Completed 03/ 20/ 2013 9: 01 PM City Council Pending Page 1 of 1  15. 1 City Council of Fort Walton Beach CITY CLERK MEMORANDUM To: Michael D. Beedie, City Manager From: Helen Spencer, City Clerk Date: March 26, 2013 Subject: City Election Canvassing Board Results 1. BACKGROUND: 1. 1. The City election was held on Tuesday, March 12, 2013, for the Mayor and City Council Seats 3 and 5. The City received an Unofficial Results summary from the Canvassing Board after the initial counting of the votes, which was announced by the Mayor at the City Council meeting. The unofficial results were recorded in the minutes of the March 12, 2013 City Council meeting as Council was required to canvas the votes of the City election. 2. DISCUSSION: 2. 1. At the Canvassing Board meeting on Tuesday, March 12, 2013, at 10: 00 am, Paul Lux, Supervisor of Elections, set a time to canvas the provisional votes. A provisional vote occurs when a citizen goes to vote and they do not have a picture identification, which is required to vote. The vote is accepted and marked as a provisional ballot and is required to be checked against the signature on the citizen' s registration card when they registered to vote. 2. 2. There were a total of seven ( 7) provisional ballots to be checked: five ( 5) were confirmed and two (2) were rejected due to various reasons. 2. 3. Since five ( 5) provisional ballots were counted, it changed the number of votes listed in the Unofficial Results summary and recorded in the minutes of March 12, 2013, and a new Official Results notice was provided to the City. 2. 4. The Canvassing Board met on Tuesday, March 19, 2013, at the Supervisor of Elections Office in Crestview to audit Precinct 29. The Precinct was randomly selected at an earlier meeting and the number of ballots matched the voting machine numbers. 3. RECOMMENDATION: 3. 1. The new Official Results totals for the March 12, 2013, City elections should be recorded in the minutes of the March 26, 2013, City Council meeting. ATTACHMENTS: Official Election Results 2013 ( PDF) SIGNATURE BLOCK: Helen Spencer Completed 03/ 20/ 2013 1: 57 PM Carole Jones Completed 03/ 20/ 2013 1: 59 PM Page I of 2  F- 1 5. 1. a vate: w /tvts OFFICT A 7 2013 Municipal Elections Time: 10: 47: 00 P p. J City of Fort Walton Beach Page: I of 1 Okal County, Florida leTS RESULTS March Mar 12, 2013 SUMMARY RESULTS TOTALS OFFICIAL RESULTS Registered Voters 12784 - Cards Cast 2051 16. 04% FWB Mayor Total Vote For I Times Counted 2051/ 12784 16. 0 %' Total Votes 2028 Anderson 1075 53. 01 %, Steams 953 46. 99 % 1I FWB CC -3 Total Vote For I Times Counted 2051/ 12784 16. 0 % Total Votes 2012 Holmes 830 41. 25% Mead 1182 58. 75%'. FWB CC -5 Total Vote For I Times Counted 2051/ 12784 16. 0 % Total Votes 1996 Jamieson 1115 55. 86%. Nabors 881 44. 14 %'. Pa . 27  15. 2 City Council of Fort Walton Beach 0 To: ENGINEERING & UTILITY SERVICES MEMORANDUM Michael D. Beedie, City Manager From: Tim Bolduc, Engineering and Utilities Services Director Date: March 26, 2013 Subject: Request for Code Enforcement Fine Waiver - 653 Country Club Avenue 1. BACKGROUND: 1. 1. The property owner of 653 Country Club Avenue NE, Ms. Kathi Thomas, through her attorney, submitted a request to the Engineering & Utility Services Department requesting the removal of existing Code Enforcement liens on the property. The legal description of the property is Parcel ID No: 24- 1S -36- 0540 -00013- 00313, Lot 3 & S 30.75 feet Lot 2, Block ° B ", a subdivision of Country Club Estates according to the Plat Book 2676, Page 3568, of the Public Records of Okaloosa County, Florida. 1. 2. Since 2007, City Staff has observed various Code of Ordinance violations at the property in question. A summary of the violations are as follows: Case Date Violation Number Initiated 07 -852 6/ 27/ 2007 Roof/Grass/ fence 09 -1619 8/ 04/ 2009 Grass Height 10 -259 12/ 15/ 2009 Pool Fence 11 - 20 10/ 04/ 2010 Grass Height 13 - 319 12/ 18/ 2012 Repeat Grass Height 1. 3. The subject property failed to comply Code Enforcement Case # 07 -852, # 11 - 20 and 13 -319 prior to the assessment of administrative fees and fines. The cases were as follows: 1. 3. 1. The property was observed in violation of Code of Ordinances Section 3. 10. 06, Roof Maintenance, on June 27, 2007. 1. 3. 1. 1. On November 12, 2008, the property was brought before the Code Enforcement Board and an Order II was issued. This order imposed an administrative fee and fines until compliance. 1. 3. 2. The property was further observed in violation of Code Section 16. 43. 1. T, Grass Height, on October 4, 2010. 1. 3. 2. 1. On April 13, 2011, an Order lI was issued for the violation of Grass Height. This order imposed an administrative fee and fines until compliance. 1. 3. 3. The property was once again observed in violation of Code Section 5. 07.0l. s, Page 1 of 3  F- 1 52 Grass Height, on December 18, 2012. 1. 3. 3. 1. The property was brought before the Code Enforcement Board on January 14, 2013, at which time an Order was issued for the repeat violation of Grass Height. This order also imposed an administrative fee and fines until compliance. 1. 4. These three ( 3) Code Enforcement cases resulted in two ( 2) liens imposed on the property. The total accrued lien amounts are $ 15, 700. 00 for Case # 07 -852, $ 26, 250. 00 for Case # 11 - 20, and $ 41, 500. 00 for Case # 13 - 319 for a lien total of $83, 450. 00 in addition to $ 1, 625. 00 in administrative fees. 1. 5. The property owner previously requested a fine waiver through a request to be placed on the City Council Agenda for May 22, 2012. Prior to the meeting, the owner requested that the meeting be tabled to June 12, 2012. Prior to the June 12`s meeting, the owner informed Staff that she would not attend the meeting and that she was seeking legal counsel on the matter. 2. DISCUSSION: 2. 1. The property owner' s attorney submitted a letter on March 14, 2013, requesting that the lien amount of $41, 950. 00 be removed and the administrative fees of $1, 300. 00 be waived sighting various reasons for the inability to comply with the violations and/ or to pay the outstanding liens. This amount did not include the most recent fines and fees from Case # 13 -319. It is assumed that the attorney requesting the removal of the fines and fees was unaware of the case at the time the letter was submitted. The attorney has since been made aware of the additional amounts assessed. 2. 2. On May 12, 2009, Ordinance No. 1793 was adopted to amend Section 1. 05. 08 of the Code of Ordinances, titled Code Enforcement Order Mitigation Procedures, to provide a suggested schedule of mitigation percentages. The percentages in the approved schedule are as follows: Fine Amount of Fine Amount be Paid 0 - $ 20, 000 20% of the fine amount 20, 001 - $ 40, 000 30% of the fine amount 40, 001 and over