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

backup report. The CDS Director went over the request from Watson Title Insurance that the lien be released and removed due to a foreclosure being completed before the City' s code enforcement lien was recorded. Regular Council 6 -10 -08 169 REQUEST TO RELEASE LIEN —42 NEBRASKA AVENUE NE cont. The CDS Director went over the background on the violations found and fines imposed on December 12, 2007 until the property was brought into compliance on March 12, 2008. She said on December 12, 2007 a foreclosure action dated December 6, 2007 was recorded for the property by Countrywide Home Loans and the City' s code enforcement order dated December 12, 2007 imposing the fine amount was not recorded until December 18th. She reported it is staff' s opinion and the City Attorney' s opinion that this is an appropriate amount to recover from the situation. The City Attorney explained what happens in a foreclosure is one of the first documents filed is a lis pendens and whenever a lis pendens is filed against property it bars all other liens from attachment or becoming effective on the property. She said whenever the foreclosure action was filed it was prior to December and 6th believed December is the date the final judgment of foreclosure was granted, and then the City' s code enforcement board order /lien was recorded a week after that so basically the City would not have any rights to enforce that lien without some diligent legal work. She said the only alternative would be to begin the code enforcement procedures again against the new title holder or the new owner. She said the bottom line is that the lis pendens actually precludes the lien from attaching to the property. Mr. Reeves moved to approve the request to release the lien in the amount of $16, 200. 00 including the 650. 00 Administrative Fees for the property located at 42 Nebraska Avenue NE in lieu of payment of 1, 000. 00. Mr. Minich seconded motion and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). EXECUTIVE SESSION SCHEDULED Consideration of request by City Attorney to schedule an executive session within the next ten business days so that she may receive direction from the City Council about the ongoing litigation of Michael C. Addison & Richard T. Petit, individually and for all other attorneys similarly situated v. City of Tampa, individually and as representative of all other municipalities similarly situated, Hillsborough County Circuit Court Case 03 -CA- 5425, Class Representation. The City Attorney reported she needs direction on the on -going litigation that has now come to a head, it has gone through all the procedures of certifying the Class and it is determined to be a certifiable Class and now they are moving into the substance of the litigation. She had requested an Executive Session within the next ten days but the hearing has been scheduled for this Friday, June 13th. She said if Council can meet on June 12t" it would be helpful but if they cannot meet, then Council will have to ratify the direction she has to give to the Special Council before Friday. There was consensus of Council to schedule an Executive Session on Thursday, June 12, 2008 at 5: 30 p.m. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment of a regular member to the Code Enforcement Board for a three -year term. Mr. Minich nominated Ramon Quiray. The Mayor called for the vote on the nomination to appoint Ramon Quiray, 240 Cecelia Drive NW as a regular member of the Code Enforcement Board for a three -year term beginning June 10, 2008 until June 10, 2011 and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). MPB REP ON VISION PLAN STEWARDSHIP COMMITTEE Consideration of appointment of a Municipal Planning Board member to the Vision Plan Stewardship Committee. Mr. Minch nominated Glenda Glover. The Mayor called for the vote on the nomination to appoint Glenda Glover as the Municipal Planning Board representative to the Vision Plan Stewardship Committee and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent).  Regular Council 6 -10 -08 170 BEAUTIFICATION COMMITTEE /TREE BOARD APPOINTMENT Consideration of appointment to the Beautification Committee /Tree Board. Mr. Minich nominated Nicholas Barlotta III. The Mayor called for the vote on the nomination to appoint Nicholas Barlotta III, 3158 Skyline Drive, Crestview, to serve on the Beautification Committee /Tree Board for an unexpired term beginning June 10, 2008 until January 12, 2011 and it carried unanimously with Holmes, Reeves, Hartwell, and Minich in favor (Miller, Garvie, and Pullen absent). OTHER CITY BUSINESS Mr. Minich commented on two items that came up this evening. The first was the conditional use for a tattoo parlor that was approved by the MPB, and that he does not want citizens and residents to give up on downtown, that great things are happening down there and that the MPB had a hard decision to make. Mr. Minich also discussed his concern regarding the recent requests for releases of liens on property, and that the code enforcement board works hard to give people an opportunity to fix up /improve their property, and he found it hard to believe that anyone can say they did not know about the code enforcement process or decisions. Mr. Hartwell commented on code enforcement issues and said that it is a matter of priorities and mowing the lawn or purchasing grass seed is something that can be done to keep a neighborhood nice in appearance. He further said code enforcement appeals are difficult but if the grass had been cut six months ago it would have saved everyone a lot of hassles, and asked property owners to take a little pride in their City. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Hartwell commented on the family atmosphere of the Billy Bowlegs parade. Mr. Minich commented the Billy Bowlegs was a great event and complimented the Chamber for their efforts. Mayor Anderson advised he was impressed with the way the parade and festival turned out, and commended the city' s police department for their handling of the parade and the other events that occurred this past weekend. The Mayor advised he attended a recognition ceremony for the artist who painted the mural on Brooks Bridge; and commented on the police ceremony that occurred last month; a letter from Bull Rigdon from the Fair Association thanking staff for their support at the fairgrounds; the official recognition statewide on FWBTV; and that he attended a meeting on the sister city campaign, and that the chamber and the UWF and other organizations are interested in getting involved. The Mayor advised that Representative Ray Sansom and Senator Don Gaetz will give presentations at the June 24 meeting. CITY MANAGER ANNOUNCEMENTS The City Manager expressed her pleasure at the Billy Bowlegs parade and festival and that it was a great community event. The City Manager asked Tom Murray, Public Works Director, to give an update on the traffic pole at the corner of Highway 98 and Memorial. Mr. Murray reported that FDOT started work last night and will work at night to refurbish the finish on the pole and mast arms, and it should take about 2 to 3 weeks. He said this is a test case for FDOT and he is appreciative to FDOT for taking care of it. The City Manager announced Kids Day on Thursday, June 12, from 10 am to 1 pm at Fort Walton Landing; the Heritage Park and Cultural Center' s Lost Tribes Exhibit this summer; and the Senior Center will hold a rummage sale on Saturday, June 14 from 7 am to 1 pm, with proceeds going toward the Senior Center.  6 -10 -08 Regular Council 171 ADJOURNMENT Being no further business, the meeting adjourned at 9: 35 p.m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  173 MINUTES OF THE CITY COUNCIL EXECUTIVE SESSION OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 12, 2008 INTRODUCTION An Executive Session of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 10, 2008 at 5: 30 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Absent: Virgil Miller Also Present: Joyce Shanahan, City Manager; and Toni Craig, City Attorney. CALL TO ORDER The Mayor called the meeting to order. Pursuant to Section 286. 011( 8) Florida Statutes, and other considerations, the City Attorney requested that Council adjourn to an Attorney- Client Executive Session so that she may receive the City Council' s advice concerning the following litigation: Michael C. Addison & Richard T. Petit individually and for all other attorneys similarly situated v City of Tampa, individually and as representative of all other municipalities similarly situated, Hillsborough County Circuit Court Case 03 -CA -5425, Class Representation. The transcript of the Executive Session will be made a part of the public record upon the conclusion of the above referenced litigations. EXECUTIVE SESSION The public meeting was recessed to convene the Attorney- Client Executive Session of the Fort Walton Beach City Council, as noticed in the Press Release dated June 11, 2008 regarding the following: Michael C. Addison & Richard T. Petit, individually and for all other attorneys similarly situated v City of Tampa, in and as representative of all other municipalities similarly situated, Hillsborough County Circuit Court Case 03 -CA -5425, Class Representation. RECONVENE The Executive Session was concluded and the public meeting was reconvened at 5: 47 p.m. Mr. Minich moved to direct Mr. Zimmet to intervene and continue to defend the City' s interest. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). ADJOURNMENT Being no further business, the meeting adjourned at 5: 53 p.m. APPROVED: ATTEST: MAYOR: CITY CLERK ddm  CITY COUNCIL MEETING June 24, 2008 Consent Agenda Consideration of request for Youth Committee to host Pancake Breakfast to generate funds for youth events Public Information Officer) Council Action 1 St 2nd Vote: 3 Agenda Item Number:  CITY OF