Fort Walton Beach Council minutes — 02-23-2010 regular — reading text

93 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 23, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 23, 2010, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Bobby Nabors, Bill Patterson, and Dick Rynearson. Seat 2 Vacant Also Present: Robert Mearns, 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. The Mayor announced that Councilman Virgil Miller lost his battle with cancer and passed away on Saturday evening February 20th, and asked that his family be in everyone' s prayers. INVOCATION /PLEDGE OF ALLEGIANCE Pastor Mickey Muse, Westwood Baptist Church, gave the Invocation and youth from the Westwood Baptist Church led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented the Student Ace Awards to Asha Kennedy of Choctawhatchee High School and Elizabeth Gallagher of Fort Walton Beach High School. APPROVAL OF AGENDA Mr. Reeves moved to approve the agenda as the business of the day. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). PRESENTATION —US ARMY SPECIAL FORCES COMMAND LTC Gary Bloomberg of the US Army Special Forces Command, Special Forces Integration 7th Team Eglin, discussed the relocation of the Army's Special Forces Group ( Airborne) to the area. PRESENTATION —CRA BOARD ANNUAL REPORT Dr. joyce gillie gossom, Chairman of the CRA Board, presented the Board' s Annual Report to City Council, which included CRA capital improvement projects that were completed during the past year. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). 94 Regular Council 2/ 23/ 10 APPROVAL OF MINUTES Approval of minutes of the Special Council Meeting on February 9, 2010, and Regular Council Meeting on February 9, 2010. GROUNDS MAINTENANCE BID AWARD Award Bid 10 -006, Grounds Maintenance Bid, to the lowest responsive, responsible bidder, Advance Lawn Control, Fort Walton Beach, in the amount of $34,200. 00. URBAN AND COMMUNITY FORESTRY GRANT Approval to apply for USDA 2010 Urban and Community Forestry Grant in the amount of 10,000 for the 2011 Earth Day and Arbor Day events, using City personnel and equipment for the 50% match. RES. 2010 -5. OPPOSING AMENDMENT 4. VOTER REFERENDUM FOR COMPREHENSIVE PLAN CHANGES The City Attorney read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA OPPOSING AMENDMENT 4 ON THE 2010 GENERAL ELECTION BALLOT, WHICH PROPOSES AN AMENDMENT TO THE FLORIDA CONSTITUTION REQUIRING THAT EVERY AMENDMENT TO A CITY'S OR COUNTY'S COMPREHENSIVE PLAN BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY' S OR COUNTY'S ELECTORATE; PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE RESOLUTION TO THE NORTHWEST FLORIDA LEAGUE OF CITIES AND THE FLORIDA LEAGUE OF CITIES; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor advised the Northwest Florida League of Cities adopted the resolution in opposition to Amendment 4, which would amend Florida' s constitution to require a voter referendum on every city and county comprehensive plan amendment. The Mayor continued he requested the resolution be placed on the agenda for Council' s consideration. The Mayor opened the floor for public input. As there was none, the public input was closed. Mr. Garvie moved to adopt Res. 2010 -5. Mr. Nabors seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Seat 2 Vacant). The Mayor advised the backup includes a list of groups both in favor and opposing the resolution, and asked if Council wanted the City's name to be included on the list of groups in opposition. Mr. Garvie moved to adopt Res. 2010 -5 to add the City of Fort Walton Beach to the list of groups opposing Amendment 4. Mr. Rynearson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Seat 2 Vacant). RES. 2010 -6. AMENDMENT TO THE CITY COMPREHENSIVE FEE SCHEDULE The City Attorney read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE OF THE CITY, AND SETTING AN EFFECTIVE DATE.  95 Regular Council 2/ 23/ 10 RES. 2010 -6 ( CONT) Jeff Peters, Recreation and Cultural Services Director, advised that as directed, staff has adjusted the recreation and culture fees to address families with several children. Mr. Peters was available to answer any questions. The Mayor opened the floor for public input. As there was none, the public input was closed. Mr. Garvie moved to adopt Res. 2010 -6. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor Seat 2 Vacant). ORD. 1821, AMENDS STORMWATER UTILITY FEE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 10. 521, STORMWATER MANAGEMENT UTILITY, OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised the ordinance revises the Stormwater Management Utility to account for an error in the original Equivalent Residential Unit ( ERU) calculation and also clarifies the calculation of the user fee for residential and commercial properties. Mr. Beedie continued that upon adoption by second reading, a resolution will be brought forward for Council' s consideration correcting the fee schedule and requesting the City Manager and Finance Director work out the credit to the utility accounts for the overages. Mr. Beedie also informed that Michael Bomar of Tetra Tech, the City's Stormwater Utility consultant, was present in the event Council had questions. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1821 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). ORD. 1822, AMENDS MEETING TIME OF MUNICIPAL PLANNING BOARD The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A 5: 30 PM MEETING TIME OF THE MUNICIPAL PLANNING BOARD AND SETTING AN EFFECTIVE DATE. Samantha Abell, Planning Manager, explained that at their February 3, 2010 meeting, the Municipal Planning Board voted unanimously that City Council approve a change in the Board' s meeting time from 5 pm to 5: 30 pm to coincide with the same time as the Local Planning Agency, which is 5:30 pm. The Mayor opened the public hearing. As there was none, the public hearing was closed. The City Attorney requested that ' pm' be added to the time in the ordinance. Mr. Reeves moved to adopt Ord. 1822 on first reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). 96 Regular Council 2/ 23/ 10 ORD. 1823, AMENDS TEMPORARY /SPECIAL EVENTS PERMITTING PROCEDURE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, PROVIDING AUTHORITY & INTENT; AMENDING CHAPTER 8, LICENSES & BUSINESS REGULATIONS, OF THE CODE OF ORDINANCES TO ALLOW CERTAIN TEMPORARY BUSINESS ENDEAVORS AND EVENTS ON PUBLIC AND PRIVATE PROPERTY, CITY, COUNTY, AND STATE RIGHTS OF WAY, AND OTHER LANDS; AND TO ESTABLISH EVENT PERMITTING PROCEDURES FOR SUCH ACTIVITIES; AMENDING CHAPTER 7, LEISURE & RECREATION SERVICES AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES FOR CONSISTENCY WITH EVENT PERMITTING PROCEDURES OF CHAPTER 8; PROVIDING FOR CONFLICT AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. Ms. Abell advised that during public meetings the Downtown Merchants Committee requested changes to foster the arts and entertainment, and that this ordinance fosters economic stimulus by encouraging entrepreneurship and the arts, building on the City's tourism industry, and creating a more efficient permitting process, as well as addressing the majority of the merchant' s issues. The Mayor opened the public hearing. Maggie Halsey, 200 Holmes Blvd. and owner of Barefoot Weddings in downtown Fort Walton Beach, spoke in favor of the ordinance and discussed the activities that the Merchants Association has planned for downtown, including an art walk on March 19. Doug Reed, 842 Santa Rosa Court, announced that downtown will stay open until 9: 00 pm on March 19 for the art walk. As there was no one else who wished to speak, the public hearing was closed. Mr. Holmes moved to adopt Ord. 1823 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor (Seat 2 Vacant). CODE ENFORCEMENT SETTLEMENT —GODWIN PROPERTY Consideration of a Settlement Agreement for Liens on Code Enforcement Fines at 205 & 207 Florida Place SE ( Godwin property). Tim Bolduc, Building Official, discussed the code violations that occurred from 2005 through 2008 on the properties located at 205 and 207 Florida Place SE, which at the time were owned by Mrs. Jody Godwin. Mr. Bolduc continued that in addition to these properties, Mrs. Godwin owned three properties ( Lots 1, 2, and 7) in Grand Oaks in Destin, and that within the last several years, some if not all of these properties were sold. At the time of each sale, Mr. Bolduc reported a title search was performed, but the liens were not discovered and the City was not notified. Mr. Bolduc informed that after being made aware of the property sales, the City's Code Enforcement Attorney, Joseph Lorenz, made contact with the title company to pursue the City's interest, who in turn received a settlement request from First American Title Insurance Company offering $ 5,000 for the release of the liens placed only on Lot 1 in Grand Oaks. Mr. Bolduc statedthat the City Attorney provided him an e- mail concurring with Mr. Lorenz and recommended acceptance of the settlement offer of $5, 000, and that Staff requests City Council authorization to follow the recommendation of the Code Enforcement Attorney and accept the settlement offer