Fort Walton Beach Council minutes — 09-23-08 regular minutes — reading text

1 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 23, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 23, 2008, 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, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Brandy Wunker, 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 Reverend Roger Peadro, First Christian Church, led in the Pledge of Allegiance. PLEDGE Youth from First Christian Church led in the Pledge of Allegiance. PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH The Mayor presented a proclamation to Michelle Sperzel, Executive Director of Shelter Houset proclaiming October as Domestic Violence Awareness Month. STUDENT ACE AWARDS Miller Mcinnis, Choctawhatchee High School, received the Student ACE Award for the month of September 2008. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the business of the day. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CONSENT AGENDA Mr. Miller requested Item # 5 regarding the study of an alternative pension program be moved to the regular agenda for further discussion. Dr. Pullen moved to approve the Consent Agenda with the removal of Item # 5 to the Regular Agenda. Mr. Miller seconded motion and it carried by a vote of 5 to 2 with Holmes, Miller, Garvie, Pullen, and Hartwell in favor (Reeves and Minich opposed). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of September 9, 2008. 2 09- 23- 08 Regular Council RES. 08-42. EQUIPMENT THROUGH FLORIDA LAW ENFORCEMENT CHALLENGE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING EQUIPMENT THROUGH THE FLORIDA LAW ENFORCEMENT CHALLENGE; AUTHORIZING THE CITY MANAGER TO EXECUTE AWARD DOCUMENTS; AUTHORIZING THE POLICE DEPARTMENT TO ORDER EQUIPMENT; AND SETTING AN EFFECTIVE DATE. LETTER IN SUPPORT OF VETERANS' CENTER IN OKALOOSA COUNTY Consideration of approval of a letter from the Mayor to the Secretary of Veterans' Affairs in Washington, DC, the establishment of a Veterans' ( Vet) Center in Okaloosa County. supporting PURCHASE OF COMPACT UTILITY LOADER To purchase one Boxer Compact Utility Loader and attachments under the provisions of the General Services Admiinistration ( GSA) contract, from TopLine Equipment and Supply, LLC, Milton, FL, for a total of $25, 146. QUASI- JUDICIAL AGENDA- HARBOUR PLACE APARTMENTS/ FRESH START Consideration of a requl9st by Harbour Place Apartments, LLC., for site plan approval to develop Harbour Place Apartme!nts consisting of 10 units in 12,460 square feet and the Marty Lackey FRESH Start Center consisting of 8 units in 10, 360 square feet located at 6 and 9 Bobolink Street NE. The City Attorney gave !the oath to those who planned to testify. Mr. Garvie disclosed his oldest daughter is on the Board of Directors for FRESH Start, but will vote on the issue. Dr. Pullen informed this project had been discussed at a meeting he attended earlier this week. Mike Kent, Chairman of the Board of Harbour Place LLC, requested final approval for a Harbour Development Order to rebuild all of the Marty Lackey FRESH Start Center and the Place Apartments. Mr. Kent advised that today all of the residents have been relocated for the construction, that bids have been opened and the funding is in place for Phase I, and is in the process of finding funding for Phase II. with conditions Missy McKim, CDS Director, advised the CRA Board recommended approval noted in the Development Order, and that Staff also recommended approval. As there were no objections, the Staff Report was entered into the record. Mr. Reeves moved to ,approve the Development Order for the Harbour Place Apartments and the Marty Lackey IFRESH Start Center, located at 6 and 9 Bobolink Street NE, with the conditions as recommended by the CRA. Mr. Garvie seconded motion. Dr. Pullen stated his support of the project, but expressed concern regarding the project going before the Development: Review Committee ( DRC) and being opened to the Sunshine Law. Dr. Pullen was advised his comments have nothing to do with the approval of the Development Order, and if he wanted to bring it up under Other Business, he could do so. The Mayor requested the City Attorney come back with a ruling on the DRC and the Sunshine Law. The Mayor called for the vote on the motion and it carried unanimously with Holmes, MiUer, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  3 Regular Council 09- 23- 08 PUBLIC HEARING AGENDA- ORD. 1770. BOAT LAUNCH FEE. LIZAJACKSON PARK The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 7. 03. 01 WATERFRONT FACILITY MAINTENANCE AND PARKING TO AUTHORIZE FEE FOR BOAT LAUNCH/ RECOVERY AT LlZA JACKSON PARK; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR BOAT LAUNCH/ RECOVERY AT LlZA JACKSON PARK; PROVIDING FOR PENALTY BY CITATION OF THE CITY POLICE DEPARTMENT, FINE AMOUNTS, AND PROCEDURES FOR HEARING AND APPEAL; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Jeff Peters, Parks and Recreation Director, advised this is the second reading for the ordinance regarding the boat launch and recovery fees for Liza Jackson Park, and that nothing has changed since first reading. The Mayor opened the public hearing. Steve Arrowsmith of Navarre, founder and president of the Emerald Coast Maco Club, advised he has brought a boating tournament to Fort Walton Beach for several years and uses the boat ramp at Liza Jackson and spoke against the ordinance, citing the fee is another impact on boaters. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1770 on second reading. Mr. Reeves seconded motion. Council noted this is a user fee for non- residents and that a benefit of living in the City is not having to pay user fees for a recreational activity such as boating. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1771. FUEL SURCHARGE FEE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 10. 82. 02, UNITS, BASES DEFINED, OF SECTION 10. 80, SOLID WASTE, TO AUTHORIZE AND DEFINE A FEE FOR FUEL SURCHARGE; AMENDING THE CITY' S COMPREHENSIVE FEE SCHEDULE TO INCLUDE THE FEE STRUCTURE FOR FUEL SURCHARGE; AND SETTING AN EFFECTIVE DATE. Brandy Wunker, Finance Director, advised this ordinance proposes a fuel surcharge of 5 cents per pickup for sanitation services and allocates the increase in fuel costs based on the number of collections per week. She informed there have been no changes since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1771 on second reading. Mr. Holmes seconded motion. Discussion ensued regarding the cost of fuel has increased and a 5- cent surcharge is a small amount to pay, and the concern that the fee will not be re- evaluated for another year and if the cost of fuel decreases the fee will have to remain. 4 09- 23- 08 Regular Council ORD. 1771 ( CONT) The City Manager clarified that the City has a budgeted amount for fuel each year and this fee makes up for the difflerence in what it costs to purchase the fuel. She continued that reevaluatingthe fee midyear is problematic,and on an annual basis it can be reevaluated with ht back during the budget process. the other fees and brou~~ The Mayor called for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Miller, Garvie, Hartwelll, and Minich in favor and Reeves and Pullen opposed. ORD. 1773. REMOVAL OF UTILITY TAX CAPS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 4. 05, UTILITY TAX, BY REMOVING UTILITY TAX CAPS FROM SECTION 4. 05. 02, LIMITATIONS AND EXEMPTIONS; AMENDING CITY' S COMPREHENSIVE FEE SCHEDULE TO ELIMINATE THE CAPS AND EXEMPTION FOR UTILITY TAX; AND SETTING AN EFFECTIVE DATE. The Finance Director 81dvised the ordinance proposes the removal of the utility tax caps as discussed at the August budget meetings, and there are no changes to this ordinance since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Miller moved to adopt Ord. 1773 on second reading. Mr. Holmes seconded motion and it carried by a vot,e of 6 to 1 with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor and Reeves opposed. ORD. 1775. FIRE INSPECTION AND PERMIT FEES The City Attorney read tlhe ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 3. 20 FIRE CODE, TO INCLUDE NEW SECTION AUTHORIZING INSPECTION AND PERMIT FEES; AMENDING CHAPTER 4. 02, EXTRAORDINARY EXPENSES FOR EXTRAORDINARY SERVICES TO INCLUDE COST RECOVERY FROM INSURANCE CARRIERS FOR FIRE SUPPRESSION AND MOTOR VEHICLES; ADOPTING FIRE SERVICES SECTION OF THE CITY' S COMPREHENSIVE FEE SCHEDULE; AND SETTING AN EFFECTIVE DATE. The Finance Director advised the ordinance codifies the existing fees for fire services, and there are no changes to the ordinance since first reading. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1775 on second reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ORD. 1776. REORGANIIZATION OF CITY DEPARTMENTS The Mayor read the