Fort Walton Beach Council minutes — 03-24-09 regular minutes — reading text

141 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 24, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 24, 2009, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, 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; 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 AND PLEDGE Reverend Roger Peadro, First Christian Church, gave the Invocation and led in the Pledge of Allegiance. PROCLAMATION —KICK BUTTS DAY 2009 The Mayor presented a proclamation for Kick Butts Day to students from Fort Walton Beach High School. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to Dane Carter of Fort Walton Beach High School and Michelle Moody of Choctawhatchee High School. APPROVAL OF AGENDA Dr. Pullen moved to remove Item 14, Consideration of a Request to amend motion that approved the collateral assignment of the development agreement between the City and Ft. Walton Development Partners for the Landmark project. Mr. Minich seconded motion. Dr. Pullen stated that under Roberts Rules of Order, he does not see how this could be reconsidered as it was voted on two months ago, and there are no changes from what was voted on at that time. Upon discussion, Mr. Minich clarified that a motion to reconsider can only be done at the time the motion passes. Mr. Miller stated he was surprised there was no opinion from the City Attorney and asked what the attorney thinks about it; he was advised the only discussion right now is whether or not to remove the item from the agenda. Mr. Garvie asked the City Attorney if there is any alternative Council can make on Dr. Pullen' s motion. 442 Regular Council 03/ 24/ 09 APPROVAL OF AGENDA (CONT) The City Attorney advised that Dr. Pullen' s motion is the main motion on the floor unless a motion is made that takes priority, and it has to be voted on before any discussion on other issues occurs. The Mayor called for the vote on the motion to remove Item 14 from the agenda and it carried by a vote of 4 to 2 with Holmes, Reeves, Pullen, and Minich in favor and Miller and Garvie opposed (Hartwell absent). The Mayor advised that Item 11, Release of Lien for 653 Country Club, has been removed from the agenda at the request of the applicant. Mr. Minich moved to approve the agenda as the business of the day, as amended, with items 11 and 14 removed from the agenda. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor ( Hartwell absent). SPECIAL PRESENTATIONS Consideration of accepting the Annual Audit and Comprehensive Financial Report for the City of Fort Walton Beach, Florida, for the fiscal year ended September 30, 2008. Mr. Jody Henderson and Ms. Angela Balent will be present at the meeting. Angela Balent of O' Sullivan Creel LLP presented the pertinent items of the Comprehensive Annual Financial Report ( CAFR) including assets, liabilities, and net assets; the enterprise funds; and the City's pension funds, and reported the City is financially sound. Mr. Miller discussed the issue of invoicing for the Presidio. Ms. Balent advised that the Presidio invoices had been brought to their attention last year before the audit was issued, and expanded audit testing was done and the firm found that the Presidio appeared to be an isolated instance and they did not feel any comment was warranted since no other instances were found during testing. Mr. Miller questioned who in the City has the authority to approve the obligation of funds, such as for the internal investigation that was not competed, and Ms. Balent replied that again, during their extensive testing, nothing was found to believe there was any violation of purchasing policies. Mr. Miller stated he brought these issues up because in the letter from O' Sullivan Creel, it states that ' No matters have come to our attention that would require us, under professional standards, to inform you about 1) the methods used to account for significant unusual transactions and 2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus,' and Mr. Miller felt these issues were outside of someone's authority. Ms. Balent stated she understood Mr. Miller's concern, and advised that O' Sullivan Creel is comfortable with the auditing procedures that were done and there is nothing in these items to warrant any type of notification in the audit report, and she would be happy to discuss the matter with him individually. Mr. Minich moved to accept the CAFR for the fiscal year ending September 30, 2008. Mr. Holmes seconded motion and it carried by a vote of 5 to 1 with Holmes, Miller, Reeves, Garvie, and Minich in favor and Pullen opposed ( Hartwell absent).  143 Regular Council 03/ 24/ 09 CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of March 10, 2009. INTERLOCAL AGREEMENT —RADIO COMMUNICATION EQUIPMENT Consideration of request for approval for an Interlocal Agreement between the City of Fort Walton Beach and the Okaloosa Board of County Commissioners for radio communication equipment received through the PSIC Grant. LIABILITY CLAIM— FLORIDA LEAGUE OF CITIES Consideration of request for ratification of a payment to the Florida League of Cities to settle a liability claim, in the amount of $25, 000. QUASI- JUDICIAL AGENDA —EXTENSION REQUEST —ALTA VISTA CONDOMINIUM Consideration of a request from Michael Crew, applicant, for a third 12 month extension of the approval of a site plan for Alta Vista Condominium located at 220 Miracle Strip Parkway, SW. The City Attorney gave the oath to those who planned to testify. Mike Crew, Crews Investments, representing the applicant, advised that during this economic time it is difficult for a development to obtain financing and even if they did, the market is slow and developments are difficult to sell. Mr. Crew discussed a bill being considered by the Senate Select Committee which would automatically renew developments for three years, although it is not yet in place to help his current situation. Mr. Crew mentioned he recently constructed a small two -story office building on Highway 98 for his employees, and he is finding it difficult to lease the second floor of an office building on the main street of the city. Mr. Crew requested additional time for him to build a quality project in the City at a time when the economy in the entire country improves. Discussion included the height of the project and that it would not interfere with the mission of Eglin. Christy Johnson, Planner, advised the project consists of a nine -floor building which will include office space on the first three floors and resort residential condominium units on the top six floors. Ms. Johnson continued that the Development Order was originally approved by City Council on March 28, 2006; the order was extended on March 7, 2007, and March 25, 2008, and Staff recommends approval of an extension through March 25, 2010. Ms. Johnson informed the project meets the new adopted code except for the height, which is 92.6 feet, and 70 feet is currently allowed. Discussion ensued regarding whether a policy is in force that states how many times a project can request and be given extensions. The Mayor questioned whether the City is looking at the three -year review being considered that other cities have been granted. The City Attorney advised she has drafted an ordinance that would extend seven of the current development plans for an additional three years, and Staff is expected to bring it forward for first reading the first meeting in April. ME Regular Council 03/ 24/ 09 ALTA VISTA (CONT) She also advised that at any time Council does not want to approve a project again, it is not approved, and there is really no policy stating this. Mr. Garvie questioned if it would be an option for Council to put this project, and the following project ( Alconese Terrace) on hold until after Council has an opportunity to consider the three - year option, without any penalties to the developers. The City Attorney advised that would be an option and there would be no penalties because the way the ordinance is drafted it will extend the development orders for a specific period of time, and the site plans are annotated and listed in the ordinance and will effect only those projects that are pending at this time. The City Attorney also advised the ordinance is drafted in such a way it would extend a project from the date of Council approval and would give a project three years from the date the ordinance is approved. As there were no objections from the applicant, the Staff Report was entered into the record. The Mayor opened the public hearing. Bill Patterson, Council- elect, 35 Anastasia, stated this is the fourth extension for this project and it is difficult in the entire country to obtain financing, and that maybe it is time to kill this project and bring in a new project that can obtain financing and get approved. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie questioned whether an appropriate motion would be to postpone approval of the two projects on the agenda until the time Council votes on the proposed ordinance that will extend developments for three years. The City Attorney advised the issue is whether or not the motion is to continue or table; if the motion is to table the project would have to be re- noticed and would require the applicant and staff to bring it back. She explained the way the ordinance is drafted the applicant does not have to do anything; the site plans will be automatically approved. Mr. Garvie moved to continue the request for an extension of the approval of the site plans for Alta Vista Condominium located at 220 Miracle Strip Parkway SW and the Alconese Terrace located at 107 Brooks Street SE, until the Council meeting of May 12, 2009. Mr. Minich seconded motion. Clarification was given that the development orders for the two projects will not expire and there is no penalty to the developers with Council extending the date. Council discussion included the pros and cons of extending the two projects being considered this evening. The Mayor called for the