Fort Walton Beach Council minutes — 09-20-06 regular minutes — reading text

53 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 26, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 26, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members J! III" present: Mayor Mike Anderson Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director Position vacant); Toni Craig, 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 Charles Sansom, Sr., Family of Faith Community Church gave the invocation. PLEDGE Youth from the Family of Faith Community Church led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation and plaque to Anna Peele, Museum Director, in recognition of her retirement from the City. The Mayor presented a proclamation to Laura Melendez proclaiming September 30, 2006 as Fort Walton Beach Dog Daze & AKC Responsible Dog Ownership Day. SPECIAL GUESTS Jim Parker, Diana Biancanello, and Gene Large with Emerald Coast HOG Chapter & Heritage Cycles presented a check in the amount of $ 1, 300 raised for the City Employees Relay for Life team. STUDENT ACE AWARD The Mayor presented the Student Ace Award to Diana Nguyen from Choctawhatchee High School. CONSENT AGENDA Mr. Patterson moved to approve the following consent agenda items. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. MINUTES Minutes of the Special Council Meeting of September 6, 2006 ( millage rate); the Special Council Meeting of September 8, 2006 ( Finance Director Interview); Council Workshop of September 12, 2006; the Executive Session of September 12, 2006; and the Regular Council Meeting of September 12, 2006. 54 Regular Council 9- 26- 06 FERTILIZER BID Award Bid # 06- 125 Fertilizer to the lowest responsible, responsive bidders meeting specifications, for approximately 297, 000 Ibs of fertilizer to be used by the Golf Course, Parks & Recreation and Public Works Departments at an estimated cost of $98, 000. POLICE VEHICLES PURCHASE e~ n~~~~t~~: S:~ r;~~ I~W(~) ~\~ e~~~~~ i~: U~~~~~~ Si.nt:~~~ t ':~~ e~i~~~ ~ i~~~~ gn~~~~~ ~"'.'...:,.,..',..,',...,."'.:.:."":," best interest of the City, and approve the purchase of nine ( 9) used police vehicles, ( 1) 2000 Ford ~.: Crown Victoria with 61, 842 miles for $ 3, 300, ( 1) 2000 Ford Crown Victoria with 67, 265 miles for 3, 000, ( 1) 2000 Ford Crown Victoria with 66, 375 miles for $ 3, 200, ( 1) 2000 Ford Crown Victoria , with 59, 362 miles for $3,500, ( 1) 2000 Ford Crown Victoria with 72, 806 miles for $3, 000, ( 1) 2000 Ford Crown Victoria with 50, 430 miles for $ 3, 200, ( 1) 2000 Ford Crown Victoria with 66, 198 miles for $ 3, 200, ( 1) 2000 Ford Crown Victoria with 52, 573 miles for $ 3, 500 and ( 1) 2000 Ford Crown Victoria with 67, 525 miles for $ 3, 200 for a total amount of $ 29, 100. 00 to the City of Panama City, Florida. The following consent agenda item was voted on separately. WINDOWS FOR 303 KEPNER DRIVE Consideration of a request to approve the purchase and installation of windows for 303 Kepner Drive at a cost not to exceed the City Manager' s purchasing authority. Missy McKim, CDS Director, stated CDBG funds were used to rehab the home on Kepner Drive which cost almost $ 25, 000, the cap allowed per rehab. She explained in the process of the rehab Ms. Sims brought to their attention the high water bills, and it was determined there was a leak in the water line that needed to be rerouted. She said the contractor gave a bid of approximately 3, 000 to replace the water line around the house to correct the situation, and because they were at the $ 25, 000 cap that about $ 3,000 needed to be removed to stay within the limit. She said they looked at the health safety aspect and it was felt the windows for about the same amount of money could be exchanged for the water line. She said upon verbal agreement between the Block Grant Administrator and Ms. Sims the work was done. She reported at this point the owner is concerned that the windows have not been done and would like to have them replaced. Staffs request is to purchase and install the windows at 303 Kepner Drive and to award the bid to the lowest responsive, responsible bidder. She estimated it would exceed the $ 25, 000 cap by approximately 6, 000- 8, 000. The City Manager further explained that Ms. Sims was not satisfied with the work done on the house due to a different level of expectation of costs and the work performed. She noted the documentation on staff' s effort to mediate the issue with Ms. Sims, and the correspondence from HUD that said the City met the acceptable standards for the rehab repairs. She said there is a long list of items that Ms. Sims was not satisfied with, and some can be corrected for minor dollar amounts but the major issue is one of windows. She said this is staff's effort to mediate the dispute and make Ms. Sims satisfied with the repairs done. Toni Sims, 303 Kepner Drive, in response to the statement that she verbally agreed, said she was told what was going to happen. She said the windows were the most important thing in her home to have replaced. She said she did not ask the water line to be replaced, she asked for what was on the contract that she signed. She expressed dissatisfaction with the work done on the house for the amount paid. Mr. Hartwell moved to direct the City Manager to request bids for the purchase and installation of windows at 303 Kepner Drive and to award the bid to the lowest responsive, responsible bidder. Mr. Minich seconded motion and it carried by a vote of 4 to 3 with Patterson, Pullen, Hartwell, and Minich in favor and Holmes, Campbell and Tucker opposed.  9- 26- 06 55 Regular Council ORD. 1707 - 653 COUNTRY CLUB AVE. NE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING THE CITY' S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 653 COUNTRY CLUB AVENUE NE; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY I"'"FROM OKALOOSA COUNTY LOW DENSITY RESIDENTIAL TO CITY OF FORT WALTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney gave the oath to Len Mitchell, Long- Range Planning Manager. Mr. Mitchell explained the request for a small scale map amendment to the Future Land Use Map of the Comprehensive Plan is the next step in the annexation process. He reported the request meets all the criteria for a small scale development and the Municipal Planning Board recommends approval. He submitted the staff report for the record. The Mayor opened the public hearing. As there was no one who wished to speak, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1707 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. SITE PLAN AMENDMENT - INDIANOLA CONDO Consideration of a request by owner, Jay McMaster, ( managing member of NWEC Development LLC) for amendment to the Site Plan Development Order for Indianola Condominium located at 113 Brooks Street SE to 1) change the location of front walk to Brooks Street Building; 2) addition of entrance gates at Brooks Streets and 3) elimination of inner fence surrounding midden mound. The City Attorney gave the oath to all individuals who expected to speak on the issue. Jay McMaster, 7505 Thomas Drive, Panama City, applicant and managing member of the NWEC Development, owner, went over the request for an amendment to the site plan with a change in location of a sidewalk, to eliminate the inner fence around the mound, and to add entrance gates at Brooks Street. He pointed out the letter from Dr. Prentice Thomas and stated the work would be completed by the end of the day tomorrow. Council questioned why the inner fence around the mound was being removed. Mr. McMaster replied that besides the fact the mound would look better without the fence, there will still be a fence around the viewing corridor to protect the mound. Discussion ensued regarding how well protected the mound would be if that inner fence were removed, and Mr. McMaster stated r- someone would have to either climb over the fence or a gate, that the fence around the boardwalk would be five feet, and that there is no way anyone can get to the mound unless it is done illegally. Mr. McMaster noted that he has agreed to do what Staff recommended, including lighting the mound and including warning signage. Mr. Tucker noted the rumors circulating regarding digging on the mound, and was advised by Mr. McMaster that the party was notified by him as the developer that there is no interest in allowing any excavations to be done on the mound by anyone. 56 Regular Council 9- 26- 06 INDIANOLA CONDO ( CONT) Peggy Fowler, Planner, explained issues to protect the mound were discussed at length during the CRA meeting, and she advised the condominium documents clearly states that the mound is protected. She also noted the addition of marker signs and the lighting of the mound. The Staff Report was entered and accepted into the record. The Mayor asked if anyone from the public wished to address the issue. iil i"... i..... '...... Ii iI Tommy Abood, 3857 Indian Trail, Destin, expressed concern for the mound in the future relating to erosion, and suggested that a chain- link fence, laid flat on the mound, would act as a mesh allowing grass and vegetation to grow through it, thus holding it in place and preventing erosion.