Fort Walton Beach Council minutes — 05-08-07 regular minutes — reading text

269 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 8, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 8, 2007, at 7: 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: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, 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 AND PLEDGE Pastor Charles Sansom Sr., Family of Faith Church, gave the Invocation and led in the Pledge of Allegiance. CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda item. 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 April 24, 2007. PUBLIC HEARING- ORD. 1727. LOUD AND UNUSUAL NOISES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 9. 06 LOUD OR UNUSUAL NOISE PROHIBITED OF THE CODE OF ORDINANCES TO AMEND THE HOURS OF USE OF TOOLS, MACHINERY AND EQUIPMENT WITHIN ONE HUNDRED ( 100) FEET OF A RESIDENTIAL ZONE, TRANSIENT LODGING FACILITY OR MIXED USE RESORT; PROVIDING FOR CONFLICTING PROVISIONS AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The CDS Director advised that numerous complaints of noise have been received from residents residing near the Shoppes at Paradise Pointe, located on Miracle Strip Parkway SE, primarily in reference to Sec. 9. 06, Loud and Unusual Noises Prohibited, of the Code of Ordinances, regarding the use of tools in a residential zone between the hours of 10 pm and 7 am. She explained an ordinance was drafted and reviewed by the City Attorney, who advised that the amendments suggested by the ordinance are insufficient to address the elements of Sec. 9. 06 regarding loud or unusual noises, and suggested revisions to the current provisions which might serve as a temporary approach. 270 Regular Council 5/ 8/ 07 ORD. 1727 CCONT) Discussion included the fact that a more in- depth ordinance would include the use of a decibel meter to measure decibel levels; and the fact that a provision has been added to allow for the City Manager to authorize an exception to the use of loudspeakers, etc. in conjunction with a special commercial sale, or civic, religious, or Christmas event. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Minich moved to adopt Ord. 1727 on first Dr. Pullen seconded motion. reading. Further discussion included that the ordinance was drafted to give those residents living close to a commercial zone the same right to privacy and quiet that other residents enjoy; that the ordinance is too vague and that it needs to contain exact language regarding loudness; and that a temporary approach is not the best way to go at this time. The Mayor called for the vote on the motion and it failed by a vote of 2 to 4 with Pullen and Minich in favor and Holmes, Miller, Reeves, and Garvie opposed ( Hartwell absent). ORD. 1729. COMPREHENSIVE FEE SCHEDULE The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE BUSINESS TAX SECTION OF THE COMPREHENSIVE FEE SCHEDULE FOR THE CITY OF FORT WALTON BEACH TO INCREASE ALL BUSINESS TAX RECEIPT CHARGES BY FIVE PERCENT ( 5%);AMENDING SECTION 8. 01. 09 OF THE CITY CODE, AS ADOPTED IN ORDINANCE 1725; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised that Florida Statutes allows municipalities to adjust their local Business Tax Receipts ( BTR) by 5% every two years, and the last increase by the City was 5% in 2005. She advised the City has the option to raise the rates now, effective October 1, 2007, and that the proposed 5% adjustment is estimated to generate additional General Fund revenue of approximately $ 10, 500. 00. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1729 on first reading. Mr. Holmes seconded motion. Mr. Reeves stated his feeling that now is not the time to add an increase in taxes for the local businesses and that he will vote against the ordinance. The Mayor called for the vote on the motion and it carried by a super majority vote of 5 to 1 with Holmes, Miller, Garvie, Pullen, and Minich in favor and Reeves opposed ( Hartwell absent). REGULAR AGENDA- RES. 07 -05. TRANSPORTATION ENHANCEMENT PROJECTS 0 The Mayor read the resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF FORT WALTON BEACH, FLORIDA, TO CONTINUE TO SUPPORT CONSTRUCTION OF THE TRANSPORTATION ENHANCEMENT PROJECTS PROVIDED IN ATTACHMENT " A" WITH TRANSPORTATION ENHANCEMENT FUNDING; AND PROVIDING AN EFFECTIVE DATE.  271 Regular Council 5/ 8/ 07 RES. 07~05 ( CONTI The CDS Director advised that the City has submitted projects for funding in the past and as yet the projects remain unfunded. She stated the City has ended up doing projects themselves, but there are still two projects, the crosswalks at Mooney Road and Lewis Turner Boulevard, and the Wright parkway sidewalk, that have not been completed and the City would like to resubmit in the chance they will be funded. The CDS Director explained that the Transportation Enhancement Program is a special set of funds that DOT has for specific sidewalk improvements throughout the state, and that the City has not received enough points to have the projects funded. The Mayor asked for public input. Dean Covey, 270 Brooks Street, received clarification as to the source of the funding. As there was no further input, the public hearing was closed. Council received clarification that the resolution must be adopted before the City can compete for the funding. Mr. Garvie moved to adopt Res. 07~05. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor ( Hartwell absent). RES. 07~07. AMENDING BUDGET. 10/ 1/ 06 THRU 9/ 30/ 07 The Mayor read the resolution by title only. A RESOLUTION AMENDING THE BUDGET FOR THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, MAKING CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE HEREOF. The Finance Director explained that the Florida Department of Revenue advised the City that current fiscal year Communications Services Tax ( CST) revenues will be reduced by $ 825, 000; therefore, it was prudent that the City take immediate action to increase the appropriation from fund balance in response to the reduced CST revenues, and that a budget amendment in the amount of $722, 982 is necessary for the budget cuts. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 07~07. Mr. Reeves seconded motion. I""" Council commended Staff on the detailed list describing the needed general fund cuts by each department. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor (Hartwell absent). RES. 07~08. AMENDING BUDGET. 10/ 1/ 06 THRU 9/ 30/ 07 The Mayor read the resolution by title only. 272 Regular Council 5/ 8/ 07 RES. 07-08 lCONT) A RESOLUTION AMENDING THE BUDGET FOR THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007, MAKING CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY, AND PROVIDING AN EFFECTIVE DATE HEREOF. The Finance Director explained that due to unanticipated events during the fiscal year, it is ~:'.'.,...'..' necessary to amend Ord. 1711, which was adopted by Council on September 20, 2006 and ... .', authorizes the Budget for fiscal year 06-07. She advised a budget amendment in the amount of 101, 270 is necessary to record certain revenue and to make for certain appropriations expenditures. The Finance Director further advised the budget will be evaluated again at year- end and adjusted as necessary. The Mayor asked for public input. There was none. Mr. Minich moved to adopt Res. 07- 08. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor ( Hartwell absent). STORMWATER UTILITY STUDY- EARTH TECH OF FORT WALON BEACH Request Council authorization to award engineering/ consulting services for developing a Stormwater Utility Study ( RFP 07- 113) to the top ranked firm, Earth Tech of Fort Walton Beach, Florida. Staff further requests authorization for the City Manager, or theCity Manager' s designee, to negotiate a contract with Earth Tech for engineering/ consulting services not to exceed the budgeted amount of $65, 000. 00. The Utilities Director reiterated this request is a follow- up to the discussion held at the May 1 Workshop on stormwater management, and that Staff recommends the award to the top ranked firm a stormwater utility study and, if approved, to enter