Fort Walton Beach Council agenda — 06-24-08 regular agenda — reading text

of Council to schedule a Special Council meeting on the Golf Course Financial Matters for June 17` at 5: 30 p.m. and to reschedule the Charter Review workshop. RES. 08 -08: BUDGET AMENDMENTS The City Attorney read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The Interim Finance Director went over the budget amendments to the general fund to reflect activities year - to -date. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Reeves moved to approve Res. 08 -08. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). FINANCIAL ADVISORY SERVICES - RFP Consideration of a request for Council authorization to award RFP 08 -113, Investment Advisory Services to the top- ranked firm, The Bogdahn Group, Winter Haven, Florida, for financial advisor services to the Board of Trustees of the General Employees Pension Plan, at a cost of $30, 000 per year, authorizing the Mayor to execute a contract. The Interim Finance Director recapped that twelve proposals were received; the selection committee short- listed the firms down to four for interviews based on qualifications, ability to furnish services, past performance, responses to general investment and fiduciary questions, fees, and the SEC consultant questionnaire; and based on the interviews the committee recommends The Bogdahn Group as the top ranked firm who best meets the criteria set forth in the RFP. She mentioned that the firm has just recently been retained by the City of Fort Walton Beach' s Police and Fire Pension Plans and gave a brief overview of the firm. Mike Welker with The Bogdahn Group reiterated that the firm is 100% independent and has no conflict or relationship with any investment manager, has had no employee turnover since its inception in 1996, and 85% of the firm' s business is working with public plans. Regular Council 6 -10 -08 167 FINANCIAL ADVISORY SERVICES —RFP cont. In response to the question on the one -year service guarantee, Mr. Welker stated the service guarantee is during a one year time period that after eleven months if the City feels they have not delivered the services promised and want to go to the second choice then they will give back the fees billed up to that point. He confirmed that the $ 30, 000 fee reflects a cut for multiple customers in the City. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Minich moved to award REP 08 -113, Investment Advisory Services to the top- ranked firm, The Bogdahn Group, Winter Haven, Florida, for financial advisor services to the Board of Trustees of the General Employees Pension Plan, at a cost of $30, 000 per year, authorizing the Mayor to execute a contract. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). REQUEST TO RELEASE LIEN —212 BAY STREET NW Consideration of request by Abraham Evans to extend the time granted to him for an additional 30 days to pay 9700 to have the Code Enforcement Board lien released for property located at 212 Bay Street, NW, Fort Walton Beach, FL. Council granted Mr. Evans 30 days to pay $ 9, 700 to have the 22nd The City Attorney recalled that on April lien released. She stated the current liens on the property are $ 188, 000, the property had been in non- compliance for some time which is why the liens are so high, the case is currently in trial status and when Council approved the release of the lien in April it stopped the trial that was scheduled a week later. She said Mr. Evans has come back to request an additional 30 days within which to pay the $ 9, 700 and the letter from his attorney explains the reasons.She said considering the trial status of the case and what Council heard from Mr. Lorenz who is handling it, she recommends, and the CDS Director concurs, that Council not grant any extension and direct Mr. Lorenz to proceed to trial and conclusion of the litigation without any further delay. The Mayor opened the floor for public input. As there was none public input was closed. Mr. Minich moved to deny Mr. Evans' request to extend the time for payment of $9, 700 and direct the trial attorney to proceed to trial and conclusion of the litigation. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor ( Miller, Garvie, and Pullen absent). REQUEST TO RELEASE LIEN —346 HOLLYWOOD BLVD SE Consideration of release of lien in the amount of $ 34, 500.00 for the property located at 346 Hollywood Boulevard, SE, Fort Walton Beach, FL, Tax ID 23- 52- 18- 080D -000A -0010, in lieu of payment of $3, 450. 00 and $ 420. 00 in administrative fees, as outlined in the backup report. The CDS Director went over the request from the property owner for reduction of lien and the history of the Code Enforcement case that went to Order I because of a violation that was then brought into compliance and then a repeat violation, which is the subject of the lien, with the property found in violation of unlicensed and 10th inoperative items on June 22, 2005 and was brought before the Code Enforcement Board August with a compliance. She reported it was corrected on fine of $500 per day imposed until the property was brought into August 30th and has remained into compliance; the total accrued lien amount is $ 34, 500 in addition to a $ 210 administrative fee and the $ 210 administrative fee that was not paid for the previous case. She said staff recommends that 10% of the lien be paid, $ 3, 450. 00 to cover the costs incurred by the City for the case as well as the $ 420. 00 in administrative fees associated with the property. The CDS Director confirmed there were a number of contacts with the property owner both officially through the notice of violation and also in person. Jay Gray, 346 Hollywood Blvd, received clarification that the $ 210 administrative fee was standard at that time and has since gone up. Mr. Gray then pointed out photos on how he has improved his property and said he never knew there was a lien on his property, that he received something after the meeting that said they could file for a lien and thought if they filed a lien he would received a copy.  Regular Council 6 -10 -08 168 REQUEST TO RELEASE LIEN —346 HOLLYWOOD BLVD SE cont. Mr. Gray said he never received anything that said there was a $ 34, 000 lien on his home and now he is trying to get a reverse mortgage, and he has been receiving a monthly statement from the City informing him he owes 210 for 2004 and $ 210 for 2005 and when he went to straighten out the $ 420 it turns out it is $ 34, 000. He thought somewhere along the line people should be advised when the City puts a $ 34, 000 lien on their property. He further stated he was not even advised he was supposed to be here tonight for the meeting and that he did not receive any notice, so it has come as a surprise on how it works. He mentioned he was told that 5% is a reasonable fee. He said he did not damage anyone and the neighborhood was never uglier or was anyone' s home depreciated. He said he could not get titles to the cars to get tags until he had registration and insurance and questioned why he would need to get insurance for a car that had a blown engine. In response to a question on the notification of lien, the CDS Director explained when the Order is provided to the property owner it states that a lien may be issued and is told in the process that all the notices of violation indicate that it may result in fines and a lien. She said she did not know if Mr. Gray was actually presented with notification of a lien at the time or a copy of the lien and could not attest to that. Mr. Gray was asked whether he was operating a business in the carport, Mr. Gray replied no, that he has four children and a wife. Mr. Gray was asked about the yellow AMX he did not know who owned or how it got there. Mr. Gray said there is a blind side to his fenced swimming pool and someone abandoned the car on his right -of w - ay which then made it his problem and he did not know he was supposed to have it hauled off. Mr. Gray was asked whether all the cars in the driveway belonged to him. Mr. Gray replied most of the time. Mr. Gray was asked if he was informed by Code Enforcement that if the cars were moved behind a privacy fence that it would resolve the problem. Mr. Gray said some of the cars probably were and said pictures were presented at the Code Enforcement meeting showing grass growing beside the tire and said he did receive a letter from the Chairman dated two days before the lien was filed that said they could file a lien and thought they are not going to take people' s houses away from them but little did he realize they are talking foreclosure and taking a person' s house because he could not get a tag on his car. A point of clarification was requested from the City Attorney on whose role it is within the City to present lien information to the homeowners. The City Attorney explained when an Order is issued by the Code Enforcement Board, which is the only instrument the Chairman signs and once that Order is recorded in the public records is a lien against the property. She said they are referring to one document as two different things and the lien is created upon filing of the second order. She noted from the dates in the staff backup it is a long process and it is required that the Neighborhood Improvement staff send certified mail and also a copy of the Orders to him directly at his home. As no one further wished to speak public input was closed. Mr. Minich moved to approve the request to reduce the lien and administrative fees with the condition that Mr. Jay Gray pay $ 3, 450. 00 to cover the costs incurred by the City for the Code Enforcement case as well as the $ 420. 00 in administrative fees associated with the property. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor ( Miller, Garvie, and Pullen absent). REQUEST TO RELEASE LIEN —42 NEBRASKA AVENUE NE Consideration of release of lien in the amount of $16, 200. 00 including the $ 650 Administrative Fees for the property located at 42 Nebraska Avenue, NE, Fort Walton Beach, FL, Tax ID # 24- S2- 13 - 159D -0015, in lieu of payment of $1, 000. 00 as outlined in the