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

vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). QUASI -JUDICIAL AGENDA —EXTENSION REQUEST —ALCONESE TERRACE Consideration of a request from Sara Burgess, property owner, for a third 12 month extension of the approval of a site plan for Alconese Terrace located at 107 Brooks Street, SE. Sarah Burgess clarified for the record that she is the agent for the property owner, not the property owner as stated in the report, and had no objections to the Staff Report.  145 Regular Council 03/ 24/09 ALCONESE TERRACE ( CONT) As there were no objections, Ms. Johnson entered the Staff Report into the record. 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 and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich In favor and Miller and Pullen opposed ( Hartwell absent). f PUBLIC HEARING AGENDA —ORD. 1781, 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. Fire Chief Mike Dutton advised no changes have been made since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1781 on second reading. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). REGULAR AGENDA— FUTURE AGENDA ITEMS The Acting City Manager advised he had nothing to add at this time. 14th Mr. Miller asked that two items be added to the April agenda: 1) Roles and Responsibilities of Councilmen and the Mayor; 2) amending City Charter to re- establish the City Finance Director as a Charter Officer under the functional control of the City Council with delegation administrative control to the City Manager for job assignments and normal daily supervisory office activities. Mr. Minich moved to remove Item 2 as a future agenda item. Mr. Holmes seconded motion. Mr. Minich stated that Council went through a charter review that lasted a year and the issue of the Finance Director was voted on three months ago, and it does not need to be voted on again just because of a change in Council. Mr. Holmes stated his agreement that the issue was voted on and the vote should not be questioned. Mr. Miller stated the need for control within the financial undertakings of the City and that direct access to the Finance Director without going through the City Manager is imperative. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). i Regular Council 03/ 24/ 09 FUTURE AGENDA ITEMS ( CONT) Mr. Miller continued and asked that these items be added to the April 14th 3) agenda: City Council declare itself to be the governing body of the CRA and existing Board of Commissioners can be reconstituted as an advisory committee for downtown; 4) briefing /explanation on why Fort Walton Beach should not be rotating the auditors for the City's financial operation, i. e. Annual Audit ( this item can be scheduled for a later date); 5) terminate the City's relationship with the current labor attorney Mike Mattimore and initiate the process to engage a new labor attorney. Mr. Minich suggested that the Future Agenda Items be eliminated from future agendas and that any Council member can bring anything they want to the agenda but should include backup material to include reasons and information so the Council can study the issue and be prepared to make informed decisions. It was noted the Future Agenda Items started as items to be placed on workshop agendas, and since workshops are no longer scheduled there is no need for the agenda item, and it is always the prerogative of Council members to place an item on an agenda at any time. Mr. Reeves agreed that background material is needed and he takes offense to some of Mr. Miller's comments. Mr. Miller advised he plans to present pertinent information on each of his suggested items for the April 14 meeting; what he presented this evening was merely the topics he wished to be considered. Mr. Holmes stated that there is research to be done and that City Staff can answer many of his concerns, and the items should not have been presented in such an embarrassing way before the Council. Mr. Minich moved to remove the Future Agenda Items and items included from future Council agendas, and that any items to be put on the agenda will be submitted in writing by Council members with full backup. Mr. Reeves seconded motion. Mr. Miller called a point of order, asking the City Attorney if the motion was valid under Roberts Rules of Order. The Mayor advised he was the parliamentarian and asked what the question was on the point of order. Mr. Minich advised that all questions on the point of order should be addressed to the Chair. Mr. Miller asked if the motion was according to Robert Rules, and the Mayor advised it was a valid motion as far as the Chair was concerned and that he made that ruling. Mr. Reeves and Mr. Holmes again stated that they would support the motion and the Mayor clarified the motion was to remove the Future Agenda Items permanently from future agendas. The Mayor called for the vote on the motion and it carried by a vote of 4 to 2 with Holmes, Reeves, Garvie, and Minich in favor and Miller and Pullen opposed ( Hartwell absent). RELEASE OF LIEN - 653 COUNTRY CLUB AVENUE NE Consideration of a request for approval of a release of lien in the amount of $ 15, 700. 00 for the property located at 653 Country Club Avenue NE, Fort Walton Beach, Okaloosa County, Florida, Tax I. D. # 24- S1 -36- 0540 -OOOB -003B, in lieu of payment of $ 3, 140. 00 and $ 650.00 in administrative fees. This item was removed from the agenda at the request of the applicant.  147 Regular Council 03/ 24/ 09 RES. 2009-08, LOCAL HOUSING ASSISTANCE PLAN The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 -420 -9079, FLORIDA STATUTES; AND RULE CHAPTER 67 -37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Patti Sunnarborg of Okaloosa Community Development Corporation ( OCDC), also known as Okaloosa Housing Partners ( OHP), advised that the Local Housing Assistance Plan ( LHAP) has been updated to be current with regulations and policies that include incentives from the Affordable Housing Advisory Committee ( AHAC), and she discussed the internal amendments suggested by the LHAP. Missy McKim, Development Services Director, discussed the three LHAP incentive strategies and the response to each incentive by the City and County, and advised that last year Council reviewed the document and accepted it as a document of recommendations. Mr. Miller moved to adopt Res. 2009 -08. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor ( Hartwell absent). Dr. Pullen commented he has served on the OCDC Committee for eight years and stressed the positive coordination that exists between the OCDC, the county, state, and the City. EXTENSION OF CONTRACT —CHOCTAW BASIN ALLIANCE Consideration of a request for Council to authorize the City Manager to execute a contract extension to September 30, 2009, with the Choctawhatchee Basin Alliance for services related to implementing the National Pollutant Discharge System Phase II program in the amount not to exceed the remaining portion of the $ 26, 250. 00 that was approved in the FY 2008 -09 Budget. John Hofstad, Utilities Director, informed this action formalizes the previous action taken by Council last summer when the 08/09 budget was adopted, but because the CBA contract is not on the same cycle as the City's fiscal year, an extension is being requested through September 30, 2009, and during the budget process the contract will be addressed for renewal. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to authorize the City Manager to execute a contract extension to September 30, 2009, with the Choctawhatchee Basin Alliance for services related to implementing the National Pollutant Discharge System Phase II program in the amount not to exceed the remaining portion of the $ 26,250.00 that was approved in the FY 2008- 09 Budget. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). 148 Regular Council 03/ 24/ 09 REQUEST TO AMEND MOTION WITH FT WALTON DEVELOPMENT PARTNERS LANDMARK) Consideration of a request by Ft Walton Development Partners LLC to amend a motion that approved the Collateral Assignment of the Development Agreement between City of Fort Walton Beach and Ft Walton Development Partners LLC to the Georgian Bank and authorization for the Mayor and City Clerk to execute that document on behalf of the City by deleting the requirement for proof from the developers of a performance and payment bond of no less than $ 4,250,000. This item was removed from the agenda by Council. SUBMIT WASTEWATER TREATMENT INTERLOCAL AGREEMENT FOR AWARD Consideration of a request for Council approval to submit the Wastewater Treatment Interlocal Agreement to the Northwest Florida League of Cities Community of Excellence Award. The Acting City Manager informed the backup documentation is excellent and details the project, and he feels the City has a good opportunity to win an award for the submission.