Fort Walton Beach Council minutes — 08-28-07 regular minutes — reading text

107 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA AUGUST 28, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, August 28, 2007, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Dennis Reeves Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; 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 Buck Dockery of the Mary Esther Church of God led in the Invocation. PLEDGE Youth from the Mary Esther Church of God led in the Pledge of Allegiance. SPECIAL GUEST Diane Biancanello of Heritage Motorcycles presented a check to the City in the amount of 1, 237. 87 for the American Cancer Society. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as presented. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor (Reeves absent). CONSENT AGENDA Mr. Miller moved to approve the following Consent Agenda items. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor ( Reeves absent). APPROVAL OF MINUTES Approval of the minutes of the Special Council Meetings on August 8, 9 and 13, 2007; and the Special Council Meeting on August 10, 2007. RETAIN SERVICES OF CO- COUNSEL To retain the services of Zimmet, Unice, Salzman & Heyman, PA, as co- counsel for the Thirteenth Judicial Circuit, Case No 2003- 5425, Addison & Pettis, as class reps v. City of Tampa, et ai, as class reps. 108 8/ 28/ 07 Regular Council Meeting 2007 EDWARD BYRNE GRANT ACCEPET ANCE Approve request by the City of Fort Walton Beach Police Department to submit the 2007 Edward Byrne Memorial Justice Assistance Grant direct award for acceptance. RES. 07- 16. COMPENSATION FOR THE CITY CLERK A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; FORMALIZING SALARY, BENEFITS, AND COMPENSATION FOR THE CITY CLERK; AND PROVIDING FOR AN EFFECTIVE DATE. The following Consent Agenda item was withdrawn from the agenda. NOTIFY PROPERTY OWNERS OF CITY- INITIATED REZONINGS Consideration of a request to direct the City Clerk to notify affected property owners of City- initiated rezonings. The following Consent Agenda item was voted on separately. ACCEPTANCE OF GENERAL EMPLOYEES RETIREMENT FUND ACTUARIAL VALUATION Consideration of acceptance of the General Employees Retirement Fund Actuarial Valuation as of October 1, 2006, dated July 2007. The City Manager advised that the initial actuarial report was provided to Council at their June 12, 2007 meeting, and this report is revised to include the recommendations that Mr. Tierney was requested to make at that meeting. Discussion included the City' s buy- back program; the Final Average Monthly Earnings of 2. 50% for employees hired before 1996; and the cost of living adjustment for retirees. The Finance Director noted some discrepancies in the version of the actuarial report in the backup and wanted to ensure the correct information was being voted on. The City Manager requested this item be withdrawn until the September 11, 2007 meeting. Dr. Pullen moved to withdraw acceptance of the General Employees Retirement Fund Actuarial Valuation as of October 1, 2006, dated July 2007, until the meeting of September 11, 2007. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor (Reeves absent). SPECIAL PRESENTATIONS Presentation of quarterly reports for the General Employees Pension Fund. Janna Woods of Davis Hamilton Jackson and Larry Cole of Merrill Lynch presented the quarterly reportsfor the period endingJune 30, 2007. A lengthy discussion was held regarding the performance of the fund, and there was no action taken by Council. CERTIFICATION OF HUD GRANT APPLICATIONS Request authorization by Okaloosa Walton Homeless Continuum of Care, Opportunity Inc, to certify their HUD grant applications: Independent Living and Housing for Life are consistent with the City' s Consolidated Plan, further authorize the Mayor to execute the necessary documents.  109 Regular Council Meeting 8/28/ 07 HUD APPLlCATINS ( CONn Lenore Wilson, 645 Howell Drive, Executive Director for the Okaloosa Walton Homeless Continuum of Care/ Opportunity Inc., explained the grants being requested are for the purpose of taking chronically homeless individuals and assisting them in becoming productive citizens, and that the documents the City is being asked to sign ensures that the program is consistent with the City' s Consolidated Plan. Mr. Garvie moved to authorize the Mayor to execute the US Department of Housing and Urban Development Forms for the Independent Living and Housing for Life Grant applications ( Form HUD- 2991) certifying the grant applications are consistent with the City' s consolidated plan. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor ( Reeves absent). PUBLIC HEARING- ORD. 1734, AMENDING PERMIT FEES FOR ALARM SYSTEMS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATED TO ALARM SYSTEMS; AMENDING ORDINANCE 1667 BY AMENDING INITIAL PERMIT FEE; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1734 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor (Reeves absent). PUBLIC HEARING- ORD. 1728, AMEND COMPREHENSIVE PLAN, 739 LOVEJOY ROAD The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CITY'S COMPREHENSIVE PLAN RELATING TO PROPERTY LOCATED AT 739 LOVEJOY ROAD NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR AMENDMENT OF THE FUTURE LAND USE MAP FOR THE PROPERTY FORM MDR, MEDIUM DENSITY RESIDENTIAL TO MUCC, MIXED USE COMMUNITY COMMERCIAL; PROVIDING FOR INTERNAL CONSISTENCY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney advised that the requirements of Section 12. 31. 02, Volume IV, Land Development Code, ( Notice of Public Hearings or Meetings) have been met. Rick Peterman, Attorney representing the applicant, Armanda Systems, advised the parcel is being developed for a commercial use, and he was available to answer any questions Council may have. The CDS Director advised that the Municipal Planning Board, acting as the Local Planning Agency, as well as Staff, recommends approval of the ordinance, and that Staff has not heard from any residents regarding the amendment. Council was informed that the City, based on State Statute, is permitted to amend the Future Land Use Map by 120 acres within a 12- month period without having to do a major amendment. There were no comments from proponents and/ or opponents. 110 Regular Council Meeting 8/ 28/ 07 ORD. 1728 ( CONT) Dr. Pullen moved to adopt Ord. 1728 on first reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor Reeves absent). PUBLIC HEARING- ORD. 1731. AMENDING LDC TO PERMIT CONDITIONAL USE MARINAS The City Attorney advised the applicant has requested a continuance, and that it would need to go back to the Municipal Planning Board with the companion ordinance 1732. Therefore, she requested a motion for continuance. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING VOLUME IV, LAND DEVELOPMENT CODE, CHAPTER 12.457 MUW- 18 MIXED- USE WATERFRONT DISTRICT TO PERMIT BY CONDITIONAL USE MARINAS WITH WATERCRAFT DRY STORAGE FACILITIES; PROVIDING FOR REPEAL OF PRIOR PROVISIONS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Dr. Pullen moved to continue Ord. 1731. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor ( Reeves absent). PUBLIC HEARING- ORD. 1726. HOME OCCUPATIONS The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 735.01, LAND DEVELOPMENT CODE, ENTITLED HOME OCCUPATIONS"; BY REMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTION BY THE BUILDING OFFICIAL AND THE FIRE CHIEF AND AMENDING SECTION 8. 05. 01, LICENSES & BUSINESS REGULATIONS; ENTITLED " ANNUAL INSPECTION REQUIRED"; BY REMOVING THE REQUIREMENT FOR THE FIRE DEPARTMENT TO CONDUCT AN ANNUAL INSPECTION FOR HOME OCCUPATIONS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. Fire Marshall Jackie Hart explained that upon application for a Home Occupation, an inspection of the premises is made by the Building Official and Fire Chief prior to the issuance of a Business Tax Receipt. In addition to the initial inspection, an annual inspection of the premises is performed by the Fire Chief. However, the annual inspection process is time consuming and scheduling the appointments is difficult. The proposed ordinance would eliminate the annual inspection of Home Occupations but would not eliminate the initial inspection of Home Occupations. It also provides language addressing both the need for a fire extinguisher as well as the requirement of annual fire extinguisher inspections. The Mayor opened the public hearing. As there was none, the public hearing was closed. J' Mr. Minich moved to adopt Ord. 1726 on first reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor Reeves absent). FUTURE AGENDA ITEMS Councilreviewed the list of agenda items proposed to be discussed at future Council Workshops or Council Meetings.