Fort Walton Beach Council minutes — 08-25-09 regular minutes — reading text

in reference to the consent agenda. She advised that Roberts Rules of Order says that generally, business already brought up by the staff and committee can be placed on the consent agenda, and the only time an item is removed is if there is a true objection and if a negative vote could result. The City Attorney stated what occurred earlier in regards to the consent agenda is even though the items were removed they was passed by the person who removed the items, and this is not a proper element of Roberts Rules of Order. The City Attorney states that is the advice she has given before and wanted to clarify it, and that the consent agenda is intended to facilitate business and getting things done. The Mayor thanked the City Attorney and noted he was under the impression that there were standing questions that would be asked, but that they were just questions of clarification. QUASI -JUDICIAL. VACATION OF EASEMENT, 103 ALABAMA AVENUE Vacation of Easement at 103 Alabama Avenue, requested by John Mead, authorized agent for Barber Construction Company. Mr. Beedie advised the applicant requested the item be tabled until the next Council meeting on September 8, 2009. Regular Council Meeting 8/ 25/ 09 275 103 ALABAMA AVENUE (CONT) Mr. Garviemoved to table the Vacation of Easement at 103 Alabama Avenue until the next Council meeting on September 8, 2009. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor Patterson absent). ORD. 1810, COST RECOVERY FEE/FIRE SERVICES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING CHAPTER 4. 02, EXTRAORDINARY EXPENSES FOR EXTRAORDINARY SERVICES TO EXCLUDE COST RECOVERY FOR FIRE SERVICES RELATED TO MOTOR VEHICLES; AMENDING FIRE SERVICES SECTION OF THE CITY'S COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. Fire Chief Mike Dutton advised that Senate Bill 2282, which went into effect on July 1, 2009, prohibits municipal fire departments from utilizing cost recovery as a means to recoup its charges for providing first responder service on automobile accidents. Chief Dutton explained Ord. 1810 will reflect that change. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1810 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor (Patterson absent). ORD. 1804, CONTINUING CONTRACTS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING SECTION 4. 01. 025 OF THE CODE OF ORDINANCES TO PERMIT CONTINUING CONTRACTS; AND SETTING AN EFFECTIVE DATE. Mr. Beedie advised the ordinance amends the City's purchasing policies to match the state's Consultants' Competitive Negotiations Act, and that nothing has changed since first reading. The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1804 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor (Patterson absent). ORD. 1805, AMENDS SECTION 2 OF THE CITY CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, DELEGATING AUTHORITY TO THE CITY MANAGER TO SETTLE CERTAIN TYPES OF CLAIMS, FOR AND AGAINST THE CITY OF FORT WALTON BEACH; SETTING MONETARY LIMITS ON SUCH AUTHORITY; AND SETTING AN EFFECTIVE DATE. The City Manager advised there is no authority for him, as City Manager, to settle any lawsuit, though it has been a common practice. He informed Ord. 1805 allows the City Manager to settle small claims up to $ 20, 000, and that a space is allotted on weekly reports on when lawsuits are settled and for the amount.  Regular Council Meeting 8/ 25/ 09 276 ORD. 1805 (CONT) The Mayor opened the public hearing. There was none. Mr. Reeves moved to adopt Ord. 1805 on second reading. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor (Patterson absent). CRA REPRESENTATIVE/ VISION PLAN STEWARDSHIP COMMITTEE Appointment of a CRA representative to the Vision Plan Stewardship Committee (VPSC). The City Clerk advised the CRA Board recommends Doug Reed to serve as the CRA representative to the VPSC for the length of his term on the CRA. Mr. Garvie nominated Doug Reed to serve as the CRA representative to the VPSC for the length of his current term on the CRA Board, which began on January 28, 2007, and ends on January 27, 2011. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor Patterson absent). MPB REPRESENTATIVE/VISION PLAN STEWARDSHIP COMMITTEE Appointment of an MPB representative to the Vision Plan Stewardship Committee (VPSC). The City Clerk advised the MPB recommends Glenda Glover to serve as the MPB representative to the VPSC for the length of her term on the MPB. Mr. Reeves nominated Glenda Glover to serve as the MPB representative to the VPSC for the length of her term on the MPB, which began on May 12, 2009, and ends on May 12, 2013. As there were no further nominations, the Mayor called for the vote and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, and Rynearson in favor Patterson absent). FEES FOR HARBOUR PLACE APARTMENTS Request Council reconsider and deny the waiver of development fees for Harbour Place Apartments, LLC, in the amount of $ 11, 200 for water and sewer connection fees, and $ 4,341. 44 in building permit fees. Mr. Beedie explained that the developer of Harbour Place has requested the City refund the development fees for water and sewer connection fees and the building permit fees. He advised that in February of 2007, the Council approved waiving the fees which was estimated at over $ 3, 000;however, the actual fees for the water and sewer connections total $ 11, 200 and the building permit fees total $ 4, 341. 44. Mr. Beedie clarified that the building permit fees are mandated by Florida Statute and according to the Code of Ordinances, can only be waived or refunded if the project is cancelled, which is not the case as the development is complete. Mr. Beedie informed that in the past, Council has approved the waiver or refund of water and sewer fees in the amount of $ 1, 100 and building permit fees in the amount of $ 350 for single family residences constructed by Habitat for Humanity; however, there is no City policy or language in the Code of Ordinances that sets forth the procedures to waive or refund fees for developments of any type. Regular Council Meeting 8/ 25/ 09 277 HARBOUR PLACE (CONT) Based on this information, Staff recommends Council reconsider their decision of February 27, 2007, to waive the development fees for Harbour Place Apartments, LLC, in the amount of 11, 200 in water and sewer connection fees and $ 4, 341. 44 in building permit fees, and deny the request. Council questioned why they were not better informed of the fees when it was approved in February of 2007. Mr. Beedie responded that it was very early in the development process, and the Development Order was not approved until September of 2008, which was a year and a half from the time the waiver was approved until the Development Order was approved. Discussion ensued regarding the fact that the development has 10 units and if individually built would require 10 waivers or $ 1, 000 each or $ 10, 000; that the project is the same type of development as Habitat homes in that it services the underprivileged; and it is a worthwhile project. The City Attorney clarified the fee resolution regarding the waiver was adopted in between the time the initial waiver was conceptually approved and the Development Order was approved because at the time there were questions regarding the waiver and fees, and that is why the resolution was put forward and adopted by Council. The Mayor asked for public input. Mike Kent, Chairman of the Board of Harbour Place Apartments LLC, informed that financing for the project was sought through the CRA but they were told there were no funds available for that particular project year, and CDBG funds were sought but not granted. Mr. Kent advised that at the time, City Staff said they could waive the fees and that was all that could be done, and the fee waiver was put in as a source of funding and paid for with SHIP funds. Mr. Kent stated that the project was done per the agreement with the City, and he does not feel he should be the `whipping boy' for a confusing policy and it is unfair for the City to say it is a good project and by the way, we are taking away what we said we were going to do for you. It was noted that since the Council voted unanimously to provide a letter of support and to waive the related development fees, it seems moot that the issue would be coming before Council. The City Attorney commented that at the time there were questions of policy and how they were being applied, and the City came up with the policy in the resolution that was adopted in 2007 which stated `there shall be no waiver of any fee which is established based upon any formula, amount, or rate set forth in the Code of Ordinances.' The City Attorney continued that water and sewer fees are set by formulas, such as rate water studies, etc., and because of these changes, she encouraged Staff to bring it back to Council for clear direction, as the initial estimate was around $ 3, 000, the actual waiver is around $ 15, 000, and the policy only allows the City Manager to waive $ 1, 000. 00. Council discussion included the minutes of the February 27, 2007 Council meeting where Council was advised the cost to the City to waive the various fees would be $ 3, 000 or more and they expressed their support of the project; that the minutes state a letter of support which is a conceptual agreement; there have been two increases in fees after that point in time; and part of the issue would be for Council to be aware there are waivers out there that may have been promised before the fees were increased. Mr. Kent noted that an excess of $ 30,000 in fees were paid by Harbour Place; Mr. Beedie clarified that $ 15, 000 were water and sewer impact fees which cannot be waived. The City Attorney reiterated there is no waiver provision in the impact fee ordinance so it is up to Council how much, if any, they want to reimburse. Regular Council Meeting 8/ 25/ 09 HARBOUR PLACE ( CONT) Mr. Garvie moved to reimburse Harbour Place Apartments, LLC for the fee of $11, 200.00 for the water and sewer connection fees. Mr. Reeves seconded motion. Council stated the need to follow through with their prior commitments and that they have