Fort Walton Beach Council minutes — 11-22-05 Regular — reading text

37 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 22, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, November 22, 2005, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members 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; Mike Burton, 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 Rev. Roy Mills, Rock Church, led in the Invocation. PLEDGE OF ALLEGIANCE Youth from Rock Church led in the Pledge of Allegiance. PROCLAMATIONS The Mayor presented a proclamation to Toni Hagan of the Peterson Corporation extending the City' s appreciation in bringing the Friday Night Flicks to the Landing during the summer months. AWARDS & RECOGNITIONS The Mayor presented the Student ACE (Award for Civic Excellence) Award to Ashley Throneberry, Choctawhatchee High School and Sareena Helton, Fort Walton Beach High School. The Mayor presented a plaque of appreciation to Mike Burton, Finance Director, expressing the City' s appreciation for his services the past eight years. 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. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of November 8, 2005. BID 06- 102. ELECTRICAL UPGRADE, WELL 11 To award Bid No 06- 102, Electrical Upgrade for Well 11, to the lowest responsive, responsible bidder, Control Systems and Instrumentation of Pensacola, FL in the amount of $76, 120. BID 06- 103, SIDE LOADER REFUSE TRUCK To award Bid No 06- 103, Side Loader Refuse Truck, to the lowest responsive, responsible bidder meeting specifications to Great Southern Peterbuilt of Jacksonville, FL in the amount of 171, 254.48. 38 11/ 22/ 05 REHAB OF HOMES- HOME AGAIN DISASTER LOAN PROGRAM To waive the formal bid process and authorize the City Manager to award contracts of up to 50, 000 to the lowest responsive, responsible quote for rehabilitation of homes eligible for funding from the Florida Housing Finance Corporation, HOME AGAIN Disaster Relief Assistance Loan Program. PUBLIC HEARING AGENDA- ORD. 1676. ADOPTING NEW CODE OF ORDINANCES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT W ALTON BEACH, FLORIDA REPUBLISHING, ADOPTING, AND ENACTING THE CODE OF ORDINANCES OF THE CITY OF FORTWAL TON BEACH, FLORIDA 2005; ESTABLISHING A NEW ORGANIZATION AND NEW NUMBERING SYSTEM; AUTHORIZING EDITORIAL AMENDMENTS BY CITY ATIORNEY AND CITY CLERK; AUTHORIZING INCORPORATION INTO CODE BY REFERENCE; PROVIDING FOR CONSTRUCTION OF FUTURE AMENDMENTS; ESTABLISHING A GENERAL PENALTY FOR VIOLATION OF THE CODE; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Dr. Pullen moved to adopt Ord. 1676 on second reading. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Council commended the City Attorney for the fine job on updating the Code of Ordinances. ORD. 1665- REZONING OF PROPERTY. 106 JONQUIL AVENUE NW The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY OF FORT WALTON BEACH LOCATED AT 106 JONQUIL AVENUE NW; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR PROPERTY TO BE REZONED FROM C- 1 ( LIMITED COMMERCIAL) DISTRICT TO R- 2 ( MULTIFAMILY DWELLING) DISTRICT; PROVIDING FORA ZONING MAP AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1665 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. ADOPT OFFICIAL CITY ZONING MAP ORD. 1666- The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING THE AMENDED OFFICIAL ZONING MAP OF THE CITY OF FORT W ALTON BEACH, FLORIDA; RESOLVING CONFLICTS; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed.  39 11/22/ 05 ORD. 1666 ( CONT) Mr. Holmes moved to adopt Ord. 1666 on first reading. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. CHAIRMAN LIMITATION. MPB ORD. 1684- The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; GENERALLY PERTAINING TO TERM LIMITATIONS; AMENDING SECTION 2- 57( b), TERMS OF MEMBER; LIMITATIONS, TO CORRECT INCONSISTENCY REGARDING CODE ENFORCEMENT BOARD MEMBER TERM LIMITATION; AMENDING SECTION 20- 65 a), OFFICERS; QUORUM; RULES OF PROCEDURE FOR MUNICIPAL PLANNING BOARD, TO DELETE TERM LIMITATION FOR CHAIRPERSON AND VICE- CHAIRPERSON OF THE MUNICIPAL PLANNING BOARD; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. The Mayor opened the public hearing. Glenda Glover, 115 Waynell Circle, stated her feeling that term limits for the chair and vice- chairperson should be kept so that all members can have the opportunity to serve, and not the same individual every year. The Mayor closed the public hearing. Dr. Pullen moved to adopt Ord. 1684 on first reading. Mr. Tucker seconded motion. An exchange of views were given which included the system has been working fine and there is no reason to change it, and two years is plenty of time for an individual to serve as chairperson. Further views expressed were that Council should not ' mini- manage' the City boards and committees, that once Council appoints individuals to a board or committee, the board should be able to select the chairperson as they see fit. The Mayor called for the vote on the motion and it carried by a vote of 4 to 3 with Patterson, Tucker, Pullen, and Hartwell in favor and Holmes, Campbell, and Minich opposed. REGULAR AGENDA - GENERAL PUBLIC Dr. Joe Foster, 34 Park Circle, gave a presentation on wind, tidal surge, and trees and discussed the role of the natural environment in protecting beaches and coastal plains during storms/ hurricanes. WALTON HOMELESS CONTINUUM REQUEST OKALOOSA.. Consideration of a request from Okaloosa Walton Homeless Continuum of Care for Cold Night Shelter Assistance by the City of Fort Walton Beach, by using the Chester Pruitt Recreation Center as an over flow facility when temperatures are expected to dip below 32 degrees. If approved, authorize the City Manager to work out the details of this agreement. Lenore Wilson, Community Coalitions and Grants Program Director of Bridgeway Center Inc., explained that because of the number of homeless individuals/ families caused by the recent hurricanes, the churches and relief areas in the city and county are overloaded. She stressed the need for an area to serve the overflow of people when no other place is available when the temperature is expected to dip below 32 degrees. 40 11/ 22/ 05 HOMELESS CONTINUUM ( CONT) Ms. Wilson advised that the shelter would be open from 10 pm to 6 am and that Bridgeway staff would staff the facility. She explained the majority of the homeless leave for day labor or other employment, and the remaining stay to assist in clean up. She requested the City look favorably on the request to use the Chester Pruitt Recreation Center as an overflow facility. r Gene Peters, Parks and Recreation Director, advised that the issues have been worked out with the City Manager and that Staff recommends approval of the request. Mr. Tucker moved to approve using the Chester Pruitt Recreation Center as an over flow facility when temperatures are expected to dip below 32 degrees. Dr. Pullen seconded motion. Council discussed the fact that at 40 degrees a person could freeze if they get wet during a heavy rain. Dr. Pullen amended the motion to use the Chester Pruitt Recreation Center as an over flow facility when the temperatures are expected to dip below 40 degrees. Mr. Patterson seconded the amendment. The Mayor called for the vote on the amendment and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. The Mayor called for the vote on the motion, as amended, to use the Chester Pruitt Recreation Center as an over flow facility when temperatures are expected to dip below 40 degrees and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. DECLARE EXCESS PROPERTY- 55 HILL AVENUE According to Chapter 2. 00. 05 the property located at 55 Hill Avenue, part of the City' s Commerce and Technology Park has been declared excess. Therefore, pursuant to Chapter 2. 00.051 Disposition Procedures for Any City Real Property, request City Council declare that the property located at 55 Hill Avenue be disposed of by negotiated sale. Further request authorization for the City Manager to solicit proposals and negotiate the sale of the 9. 19 acres located at 55 Hill Avenue NW. Dr. Paul Hsu, CEO of Total Parts Plus and Larry Sassano, Executive Director of Economic Development Council will be present at the meeting. The City Manager advised a request was received from Dr. Paul Hsu for purchasing the property, that an application has been filed by him and that what is requested from Council is to declare how to dispose of the property, if it wishes to dispose of it. Dr. Paul Hsu of Advanced Technology Center in the Fort Walton Beach Commerce and Technology Park explained the importance of " home- grown" companies and his belief that the community will benefit for a centrally located technology center in the Technology Park. Larry Sassano, Executive Director of the EDC, also stressed the importance of the local companies and the demand for this type of high technology usage in the Fort Walton Beach area.  41 11/22/ 05 EXCESS PROPERTY ( CONT) Mr. Tucker moved to authorize the City Manager to solicit proposals and negotiate the sale of the 9. 19 acres located at 55 Hill Avenue, NW in the Fort Walton Beach Commerce and Technology Park. Upon