Fort Walton Beach Council agenda — 08-24-2010 Regular — reading text

unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent, Seat 6 vacant). RESOLUTION 2010 -18: ACCEPT GRANT FOR BIORETENTION PROJECT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF HEALTH AND THE OKALOOSA COUNTY HEALTH DEPARTMENT FOR THE BURNETTE AVENUE BIO- RETENTION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT DOCUMENTS; AUTHORIZING THE ENGINEERING AND UTILITY SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Beedie informed the resolution accepts a non -match $ 8, 000 grant from the Okaloosa County Department of Health PACE Program for the Burnette Avenue bio- retention pond to improve aesthetic and stormwater quality at the cul -de -sac at the end of Burnette Avenue NW as part of the Gap Creek Water Quality Improvement Study. Shawn May, Environmental Health Director for Okaloosa County, stated a mandate is for the County to work with local governments on projects that promote environmental health. 2  Regular Council 8 - 10 -10 RESOLUTION 2010 -18 cont. The Mayor asked for public input. There was none. Mr. Rynearson moved to adopt Res. 2010 -18. Mr. Minich seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent, Seat 6 vacant). RESOLUTION 2010 -20: GRASSES IN CLASSES PROJECT The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, PARTNERING WITH THE BAY AREA RESOURCE COUNCIL FOR THE GRASSES IN CLASSES PROJECT; AUTHORIZING THE MAYOR TO SIGN A LETTER OF SUPPORT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS; AUTHORIZING THE ENGINEERING AND UTILITY SERVICES DIRECTOR TO OVERSEE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Beedie stated the resolution accepts a non -match grant of $1, 200 from the Water Quality Initiative Fund for Grasses in Classes Program for NPDES Requirements and includes funding to construct a greenhouse at a local elementary school, thereby teaching students environmental lessons. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 2010 -20. Mr. Rynearson seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent, Seat 6 vacant). RESOLUTION 2010 -21: SIDEWALK CONSTRUCTION The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE LOCAL AGENCY PROGRAM OF THE FEDERAL HIGHWAY ADMINISTRATION AND FLORIDA DEPARTMENT OF TRANSPORTATION THROUGH THE OKALOOSA -WALTON TRANSPORTATION ] PLANNING ORGANIZATION' S TRANSPORTATION ENHANCEMENT PROGRAM PROJECT PRIORITY LIST FOR SIDEWALK CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE THE INITIATIVE; AUTHORIZING THE ENGINEERING AND UTILITY SERVICES DIRECTOR TO OVERSEE THE PROJECT; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Beedie explained this resolution accepts non -match FDOT grant of $180, 060 to fund sidewalks on Wright Parkway from US 98 to Mary Esther Cutoff. Mr. Beedie continued these projects have been submitted to the TPO each year since 1995, and are currently ranked first and third on the TPO' s project priority list. The Mayor asked for public input. Chris Gibson, 249 Brooks Street SE, asked if there are plans for sidewalks on the east side of Hollywood from Bay to Eglin. Mr. Beedie responded that portion of Hollywood is in the CRA Plan for future sidewalk improvements. There was no one else who wished to speak. Mr. Holmes moved to adopt Res. 2010 -21. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor (Nabors absent, Seat 6 vacant). NOMINATIONS FOR VACANT COUNCIL SEAT 6 The Mayor advised that nominations were made at the Council Meetings of June 22 and August 10 and that this is the final meeting for nominations to be made. Mr. Reeves nominated C. H. " Bull" Rigdon. 3  Regular Council 8 - 10 -10 NOMINATIONS FOR VACANT COUNCIL SEAT 6 cont. Ms. gossom nominated Henry Kelley. The Mayor closed the nominations and advised the four nominees are Dean Covey, Bob Hudgens, C.H. " Bull" Rigdon, and Henry Kelley and the appointment will be made at the Council meeting of August 24. AUDITOR SELECTION The Finance Director informed the City issued an RFP for auditing services and received proposals from three firms: Carr, Riggs & Ingram; O' Sullivan Creel; and Saltmarsh, Cleveland & Gund. She continued that Florida Statutes requires specific selection procedures, including the selection of an audit committee to review each proposal and that the City Council shall inquire of qualified firms, select one of the firms recommended by the audit committee, and negotiate or delegate the negotiation of a contract. The Finance Director advised the final ranking of the firms, as scored by the audit committee, was 1) Carr, Riggs & Ingram; 2) O' Sullivan Creel; and 3) Saltmarsh, Cleveland & Gund. She said staff requests that Council review the qualified firms, select one and authorize the City Manager to enter into a three year contract with two optional renewals, with three years for each renewal term. The Mayor asked Council to report for the record who was contacted by any of the firms and when they were contacted. Mr. Holmes stated he was contacted twice by O' Sullivan Creel after the audit committee meeting. Ms. gossom stated she was not contacted by any of the firms but wished to disclose that Steve Riggs serves on the UWF Foundation and Mr. Sullivan serves on UWF' s Board of Trustees. She said she has interacted with both of them but not since this item has been under consideration. Mr. Reeves stated he had a couple of contacts in passing by O' Sullivan Creel after the audit committee meeting. Mr. Minich stated he had contact with O' Sullivan Creel after the audit committee meeting. Mr. Rynearson stated he spoke with O' Sullivan Creel after the audit committee meeting. Council received clarification from the City Attorney on the guidelines regarding communication during a bid process. The Mayor opened the floor for public comment. Steve Riggs with Carr, Riggs & Ingram, commented that all three firms would do an outstanding job for the City and noted the selection committee ranked their firm first. Julie Scott, 11 Stafford Circle, expressed her understanding that price is not a determining factor in selecting a firm but asked Council to take that into consideration. She voiced concern about choosing the same firm that did the audit for the County and missed the fraud in the Sheriff's Office. Chris Gibson, 249 Brooks Street, received clarification that O' Sullivan Creel has been the firm for the City for the last nine years and suggested the City rotate the accounting firms. There was no one further from the public who wished to speak. Mr. Rynearson moved to select the firm Saltmarsh, Cleaveland & Gund. Motion failed for lack of a second. Mr. Minich moved to select the firm O' Sullivan Creel and to authorize the City Manager to enter into a three ( 3) year contract with two ( 2) optional renewals, with three ( 3) years for each renewal term. Mr. Reeves seconded motion and it carried by a vote of 4 to 1 with Holmes, gossom, Reeves, and Minich in favor and Rynearson opposed ( Nabors absent, Seat Ovacant).  Regular Council 8 - 10 -10 LANDMARK CENTER: DEVELOPER' S AGREEMENT The CRA requested that Council review the Landmark' s Developer' s Agreement; a CRA Board member will address Council. Mr. Beedie reported the CRA Board would like to know the status of the Landmark Center since nothing has changed since last September. He confirmed that the Development Order was extended last March until 2012. Doug Reed, 812 Santa Rosa Court, CRA Chairman, stated the CRA Board brought this up because they have funds designated for the project and they would like Council to free up those funds so they can move forward with other projects. The City Attorney clarified that the Development Order is in place until 2012 but Council is obligated by the Statute to review the Development Agreement every twelve months. She noted there are issues that need to be modified in the Agreement since there are timelines that are well past the time. The Mayor opened the floor for public input. Chris Gibson, 249 Brooks Street, expressed opposition to giving any money upfront to build a parking garage and suggested the money The spent on something more deserving. There was no one further who wished to speak. Council questioned if they would identify where the funds would be spent if the Agreement were to be terminated. The City Attorney explained the funds would go back into the CRA budget and it may require a budget revision in the future. She said when Council reviews the Development Agreement it will be a quasi - judicial proceeding and Council should not look too far beyond review of the agreement at that time. She explained under ex -parte communication, Council can be contacted but when it comes time for the meeting they will need to disclose all communication. Mr. Minich moved to direct the City Manager to bring forward the Development Agreement with the Landmark Center to the regularly scheduled second meeting in September. Ms. gossom seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, and Rynearson in favor ( Nabors absent, Seat 6 vacant). LEASE TERMINATION REQUEST Lessees of City property at 243 Hollywood Blvd. requests a one year early termination of their lease The City Manager reported he was approached by John Watts to discuss the future of the property with an assignment of the lease to him and relief on the lease amount but now he would rather expire the lease one year early. He said if that is the case then staff is prepared to research several options for the use of the property and return to Council at the October 26, 2010 meeting. The Mayor opened the floor for public comment. Chris Gibson, 249 Brooks Street, commented the property could be put to better use John Watts, Shalimar, went over the history of the property leased by John Smith since 1962 and said there are six tenants there now who pay rent on a month to month basis. He noted the City asked Mr. Smith to sign a new lease with drastically different terms and conditions two years prior to the expiration of his existing lease. He said there is a little over a year left on the lease and they would now like to be out of the lease by December 31, 2010 and they will pay this year' s tax bill. There was no one further who wished to speak. 6  Regular Council 8 - 10 -10 LEASE TERMINATION REOUEST cost. Mr. Reeves moved that early termination of the lease be granted subject to validation of payment of all assessments and taxes and verification that there are no outstanding liens on the property or any business thereon that could negatively affect the City in any manner; and that staff develop several