Fort Walton Beach Council minutes — 03-10-09 regular minutes — reading text

135 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 10, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 10, 2009, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes ( arrived 8: 33 p. m.), Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, and Mike Minich Absent: Jim Hartwell Also Present: Robert Mearns, Acting City Manager; Helen Spencer, City Clerk ( arrived 8: 33 p. m.); 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 Reverend Jim Grabo, Covenant Community Church, gave the invocation. PLEDGE Youth members from Covenant Community Church led in the Pledge of Allegiance. PROCLAMATION — BOYS AND GIRLS CLUB The Mayor read a proclamation for Boys and Girls Club week March 22 —28, 2009. PROCLAMATION —HELPING HANDS AND LINKING ARMS The Mayor read a proclamation for Helping Hands and Linking Arms Day on April 25, 2009. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the Business of the Day. Mr. Minich seconded motion and it carried unanimously with Miller, Reeves, Garvie, Pullen, and Minich in favor Holmes and Hartwell absent). SPECIAL PRESENTATIONS Santa Rosa Sound Ecosystem Restoration project update Julie Terrell, with Choctawhatchee Basin Alliance ( CBA), went over the conceptual plans for the Santa Rosa Sound Ecosystem project that will provide stormwater treatment for the eastern canal at Liza Jackson Park. Chuck Walker with Goodwyn, Mills, and Cawood went over the details of the project to clean up the stormwater runoff that drains into the waters of Santa Rosa Sound. Gap Creek Watershed Water Quality Improvement project update John Hofstad, Utilities Director, recalled the Council approved to partner with the County to develop a hydrological study of the Gap Creek watershed. He said Okaloosa obtained a grant to complete the study and tasked HDR Engineering to complete the project. Michelle Diller, with HDR gave a presentation that outlined the project background, the study objectives, the project framework, the recommended BMP retrofits, the areas of concentration inside the City located at the existing wet detention pond and Burnette Avenue /Bay Street area, the additional recommendations, the integration with City /County CIP, and conclusions.  Regular Council 3 -10 -09 136 BOARD /COMMITTEE REPORTS —BOARD OF ADJUSTMENT Glen Swiatek, Board of Adjustment Chairman, presented the Board of Adjustment' s report on the actions of the Board for the past year which included approving with conditions a variance request for an additional 60 linear feet of 6 foot heigh wood privacy fence running easterly and in -line with the existing fence along Yacht Club Drive NW; approving with conditions a variance request to waive rear yard setback in order to retain a covered patio and bedroom addition constructed without permit attached to the rear of the dwelling; and to approve a variance request to waive 35 feet of the required 50 foot rear yard setback along the waterfront in order to purchase the lot and construct a single family residence. CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda item. Mr. Reeves seconded motion and it carried unanimously with Miller, Reeves, Garvie, Pullen, and Minich in favor Holmes and Hartwell absent). MINUTES Approval of the minutes of the Executive Session of February 24, 2009 and the Regular Council Meeting of February 24, 2009. PUBLIC HEARING — ORD. 1750: SALE OF 109 READY AVENUE TO WMI The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH AUTHORIZING THE SALE OF REAL PROPERTY SITUATED AT 109 READY AVENUE, FORT WALTON BEACH, OKALOOSA COUNTY, FLORIDA; PROVIDING AUTHORITY AND CITY COUNCIL APPROVAL OF THE PURCHASE AGREEMENT AND CONVEYANCE OF THE PROPERTY; AUTHORIZING AND DIRECTING CLOSING BY THE MAYOR AND CITY CLERK; AND SETTING AN EFFECTIVE DATE. The City Manager reported the ordinance will permit the sale of property to Waste Management to go through pending the Phase II Environmental Assessment. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1750 on second reading. Mr. Garvie seconded motion and it carried unanimously with Miller, Reeves, Garvie, Pullen, and Minich in favor ( Holmes and Hartwell absent). PUBLIC HEARING: ORD. 1781 — AMENDING FIRE CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 3. 20, FIRE CODE, OF THE CODE OF ORDINANCES; RESOLVING CONFLICTS WITH FLORIDA FIRE PREVENTION CODE BY DELETING OBSOLETE AND INCONSISTENT LOCAL AMENDMENTS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Mike Dutton, Fire Chief, explained the ordinance deletes amendments that may be in conflict with the Florida Fire Prevention Code and will standardize the City Fire Code to be consistent with Florida State Fire Codes. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1781 on first reading. Mr. Garvie seconded motion and it carried unanimously with Miller, Reeves, Garvie, Pullen, and Minich in favor ( Holmes and Hartwell absent). Regular Council 3 -10 -09 137 FUTURE AGENDA ITEMS The Acting City Manager advised the auditors will be here March 24, 2009 to present the audit; and a Special meeting is tentatively scheduled for April 21, 2009 to discuss the change to the Defined Contribution Plan to Defined Benefit Plan. Mr. Miller asked for a discussion about what is available in the Commerce and Technology Park and what can be done to improve it. The Mayor advised the County requested the City join in a multi -countywide resolution supporting the Joint Striker Force and he will bring that forward on March 24th; also for future discussion is whether the City wants to move forward on establishing a Sister City relationship with Sweden. It was recommended that issue be discussed at the first meeting in April with the new Council. The Mayor further advised the Northwest Florida League of Cities has asked for possible nominees for the Elected Official of the Year and whether the City wants to participate in the City of Excellence Award, 24th and he will provide backup for that at the March meeting. LEGISLATIVE ISSUES UPDATE Response to Council Request for Information regarding legislative issues update and prioritization of TAG activities on the City's behalf. The Acting City Manager discussed the pages of information he received from The Advocacy Group and suggested the City focus on the issues of unfunded mandates, taxation issues, and home rule and follow the Florida League of Cities alerts on what to oppose, and that he and the Mayor will convey Council' s concern to The Advocacy Group on refining the list of issues so it is less cumbersome. John Hofstad, Utilities Director, advised the City has been in discussion with The Advocacy Group and the Florida Department of Environmental Protection ( FDEP) on how to best present the Hurlburt Reuse Water project to possibly secure some of the Federal Stimulus Funding. He said correspondence has been received from FDEP on the forms and information that needs to be compiled to get the project included on the list, and that information will be forwarded to Tallahassee. He reported the funding source is available and the City will file the proper paperwork. He mentioned that Mr. Bayliss with The Advocacy Group is assisting the City with the project and has been instrumental in opening doors in trying to get funding. TRUCK TRAFFIC ON MEMORIAL PARKWAY Response to Council Request for Information regarding truck traffic on Memorial Parkway. The Acting City Manager provided a history of the truck traffic on Memorial Parkway in response to a Council request from Mr. Reeves. Mr. Reeves advised he read the report and is satisfied, and he will contact the citizen who brought up the issue. RFQ - GIS IMPLEMENTATION FOR UNDERGROUND INFRASTRUCTURE SYSTEMS Pursuant to the City of Fort Walton Beach Code of Ordinances, Volume 11, Chapter 4, Section 4. 01, Paragraph 4. 01. 025 and the Purchasing Policies and Procedures, request authorization to award RFQ 09 -112 for GIS Implementation for Underground Infrastructure Systems to the top- ranked firm, Woolpert, Inc., of Orlando, FL.Staff further requests authorization for the City Manager, or the City Manager's designee, to negotiate a contract for performing the required tasks of this project for Year One ( 08 -09) in the not to exceed amount of $ 300,000. Staff further requests that if a contract cannot be executed between the City and Woolpert, Inc, Council authorize the City Manager to enter into negotiations with the next highest ranked firm, and so on, until a contract is executed for this project. John Hofstad, Utilities Director, recounted this is a long -going prolonged effort for the City dating back to early 2006 which was a strategic planning initiative of Council and has been long in the making. He said the GIS Needs Assessment and Implementation Plan & Study was completed last year then from that a long -range plan for implementation of GIS for the City was mapped out.  Regular Council 3 -10 -09 138 GIS IMPLEMENTATION cont. Mr. Hofstad said staff's position is to prepare a return on investment analysis for Council to have a better understanding of the long -term budget implications and after analysis of the existing budget staff would like to request Council consider delaying the item for 90 days. He explained for the first three months of the budget year the expenses are outpacing revenues by approximately $ 400, 000. He said expenses always outpace revenues during the first quarter of the fiscal year because they do not sell a lot of water from October through December or in January and February and they need to get through May to get an idea in the spring months where their production is at the time. He said if the production picks up maybe the revenues will match expenses, then that would be the best time to bring the item back to Council to get endorsement. He requested Council consider postponing the issue until the end of May and if they see that the revenues have caught up with expenditures and they are on pace to meet their projections, that would be the ideal time to bring it back to Council. Brandy Wunker, Finance Director, stated she prepared a proforma income statement for the Utilities Fund and it does show that their current fiscal year revenues are lower than what had been budgeted so they would like