Fort Walton Beach Council minutes — 09-13-05 Regular — reading text

MINUTES OF THE REGULAR COUNCIL MEETING 255 OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 13, 2005 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on September 13, 2005, at 7: 00 p. m. in the Council Chambers at Tuesday, 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 Pastor Larry Boldin, Striving for Perfection Ministry, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from Striving for Perfection Ministry led in the Pledge of Allegiance. PROCLAMATION- CONSTITUTION WEEK The Mayor presented a proclamation to Sarah Levesque for Constitution Week. PROCLAMATION- SUBSTANCE ABUSE RECOVERY MONTH The Mayor presented a proclamation to Daniel Cobbs and Julie Smith of Bridgeway Center for Drug Abuse Recovery Month. CONSENT AGENDA Mr. Holmes 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 August 23, 2005. CELLULAR PHONE SERVICE- NEXTEL To award the State Contract for Cellular Phone Service to USA Digital ( Nextel) of Pensacola, FL for monthly service for 71 push to talk cell phones, which includes 14, 000 peak minutes per month 7: 00 am - 9: 00 pm), and 3, 350 off peak minutes per month; unlimited nights and weekends; domestic long distance; voice mail and caller ID; unlimited direct connect minutes; and activation charges are waived, at the unit price of $ 1, 588.45, for a total price of $19, 061.40 for a period of one year, and to authorize the City Manager to approve four ( 4) one ( 1) year options, if it is determined to be in the best interest of the City. In addition, authorize the City Manager to adjust the plans and phones as needed. 256 9/ 13/ 05 BID 05-132- RESIDENTIAL REHAB. 19 JACKSON STREET To award Bid Number 05- 132 Residential Rehabilitation contract for the rehab of 19 Jackson Street, to the lowest responsive, responsible bidder, R.A. Rhoades Remodeling of Crestview, FL in the amount of $23, 514. 00. 3~ l: Da~~~ id ~~~~: rN~~:~~~~~~~ ~:~ a~~i~~ o~ ntract for the rehab of 303 Kepner ~...........'.'......'... Drive, to the lowest responsive, responsible bidder, R. A. Rhoades Remodeling of Crestview, FL in ,.. ... the amount of $24,550. 00. BOY SCOUT LEASE RENEWAL To authorize the City Manager to execute the exercise of option, with the amended lease insurance conditions to add the City as an additional insured with general liability limits of 100, 000 for each occurrence and $ 300, 000 aggregate, to renew the lease agreement between the City of Fort Walton Beach and Boy Scout Troop # 543 for property located on Camborne Avenue NE for a ten year period from September 27, 2005 to September 26, 2015. LOCAL LITIGATION STRATEGY REPORT To accept as information the 2005 Local Mitigation Strategy Progress Report. RES. 05- 19- DESIGNATION OF NIMS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM ( NIMS) AS THE BASIS FOR ALL INCIDENTS MANAGEMENT IN THE CITY OF FORT WALTON BEACH, FLORIDA. PUBLIC HEARING- ORD. 1638. AMENDMENT TO COMP PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS: THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO FLORIDA STATUTES, CHAPTER 163; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF A TEXT AMENDMENT TO THE FUTURE LAND USE ELEMENT RESULTING FROM PENDING PRIVATE AMENDMENT APPLICATIONS; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE FUTURE LAND USE ELEMENT INITIATED BY THE CITY; PROVIDING FOR ADOPTION OF TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR ADOPTION OF FUTURE LAND USE MAP AMENDMENTS RESULTING FROM CITY INITIATED CHANGES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney announced a quasi-judicial proceeding and swore in Missy McKim, CDS Director, and Len Mitchell, Long Range Planning Manager. Mr. Mitchell announced that DCA directed the City to proceed with the adoption phase of the ordinance, which includes four amendments to the Comprehensive Plan. The Staff Report was entered and accepted into the record. COMMENTS FROM PROPONENTS AND OPPONENTS Chris Gibson, 249 Brooks Street, received clarification that the ordinance increases density in the MUMS District only. 1  2 5;7 9/ 13/ 05 ORD. 1638 ( CONT) As there were no other comments from proponents or opponents of the ordinance, the public hearing was closed. Mr. Patterson moved to adopt Ord. 1638 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and r Minich in favor. I ORD. 1642- VACATION OF SHELL AVENUE AND SOUND BEACH STREET L The City Attorney read the ordinance titleby only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE VACATION, ABANDONMENT, DISCONTINUANCE AND CLOSURE OF THAT PORTION OF PUBLIC RIGHT- OF- WAY OF SHELL AVENUE AND SOUND BEACH STREET LYING SOUTH OF THE SOUTH RIGHT- OF-WAY LINE OF STATE ROAD 30, AKA, U. S. HIGHWAY 98, AKA MIRACLE STRIP PARKWAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PUBLIC RIGHT- OF-WAY OF SHELL AVENUE AND SOUND BEACH STREET LYING SOUTH OF THE WESTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF 2005 PARCEL ID NUMBER 24- 2S- 24- 0000- 0021- 0000; SAID RIGHTS- OF- WAY LYING IN SECTION 24, TOWNSHIP 2 SOUTH, RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA AND ADJOINING THE FOLLOWING 2005 OKALOOSA COUNTY PARCEL ID NUMBERS: 24- 2S- 24- 0000- 0019- 000, 24- 2S- 24- 0000- 0026- 0000, 24- 2S- 24- 0000- 0018- 0000, 24- 2S- 24- 0000- 0009- 0000; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. Lisa Minschew, attorney representing the Garvie and Staff families, advised this issue has been through litigation for several years, with evidence presented on the case from the 1800' s to the present. Ms. Minschew stated her opinion that the agreement is the best way to a close. bring the issue to Mr. Campbell moved to adopt Ord. 1642 on second reading. Mr. Tucker seconded motion. Mr. Tucker expressed his feeling that the issue could have been settled years ago on a local level. Dr. Pullen stated his thought that the public should have access to the water. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor and Pullen opposed. r- ORD. 1650- AMEND FIREFIGHTERS PENSION TRUST FUND The City Attorney read the ordinance by