Fort Walton Beach Council minutes — 12-11-07 regular minutes — reading text

Mr. Hartwell informed he did not agree with the amendment and feels the time to discuss when the condominium documents are addressed. The Mayor called for the vote on the amendment and it failed by a vote of 3 to 4 with Miller, it is I. Garvie, and Pullen in favor and Holmes, Reeves, Hartwell, and Minich opposed. Mr. Miller advised this is a good project and he will vote for it, and complimented the developer for working with the City on the financing. Regular Council 12/ 11107 255 LANDMARK CENTER ( CONTI Mr. Holmes stated his support of the project but also the importance of continuing with plans for undergrounding the utilities on Eglin Parkway, and commended everyone for their hard work on the project. Mr. Minich wanted toclarify that his comments that the undergrounding of utilities on Eglin is Parkway important and that should be the next project in the CRA area. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 10 p. m. PUBLIC HEARING: ORD. 1747 - ADOPTING CRA PLAN The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, ADOPTING THE FORT WALTON BEACH COMMUNITY REDEVELOPMENT AGENCY PLAN DATED SEPTEMBER 2007, AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Garvie moved to adopt Ord. 1747 on second reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. PUBLIC HEARING: ORD. 1749 - AMENDING BUSINESS TAX RECEIPTS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING SECTION 8. 01. 15, DELINQUENT TAX CHARGE, OF CHAPTER 8. 01 OF THE CODE OF ORDINANCES, TO CONFORM WITH RECENT CHANGES BY THE FLORIDA LEGISLATURE TO CHAPTER 205, FLORIDA STATUTES, AMENDING THE DATE BUSINESS TAX RECEIPTS SHALL BE SOLD FROM AUGUST 1 OF EACH YEAR TO JULY 1 OF EACH YEAR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Mr. Minich moved to adopt Ord. 1749 on first reading. Mr. Reeves seconded motion and it carried unanimously wi~h Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS There was consensus of Council not to hold a workshop on the first Tuesday, January 8, 2008 because there are no items for an agenda. It was suggested that Council evaluate all the leases the City holds on property to determine whether there needs to be an adjustment on lease amounts and conditions of the leases.  Council 12/ 11/ 07 2 5 6egular FUTURE AGENDA ITEMS ( CONT) The City Clerk will provide Council the information all on City leases and based on the information provided, it will be decided whether or not a workshop is needed. 109 READY AVENUE NW Consideration of a request to authorize the City Manager to solicit proposals and negotiate the sale of the 13. 51 acres located at 109 Ready Avenue NW, in the Commerce & Technology Park and to accept the timeline of events as provided in the backup report. Upon conclusion of the 1 negotiation, the City Manager will forward the negotiated contract to Council for approval. The City Clerk noted Council previously authorized the City Manager to negotiate the sale of 4.42 acres to Waste Management and Waste Management has increased their request to 13. 51 acres. She said Council will need to also approve the proposed timeline to solicit proposals and negotiate the sale because they want to complete the sale by the end of the year. Mr. Minich moved to authorize the City Manager to solicit proposals and negotiate the sale of 13. 51 acres located at Ready Avenue, NW in the Commerce & Park, to Technology approve the time line presented, and upon conclusion of the negotiation the City Manager will forward the negotiated contract to Council for approval. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. LEASE/ PURCHASE OF GOLF COURSE EQUIPMENT Pursuant to the City of Fort Walton Beach Code of Ordinance, Volume II, Chapter IV, Section 4. 01, Paragraph 4. 01. 025, request authorization to award bid # 08- 104 for the of purchase golf course equipment: ( 2) Diesel Hybrid Greens Mowers, ( 3) Fairway Mowers with extended warranty, 4- post ROPS and sunshade canopies ( 2) Trim Mowers, ( 1) Contour Rotary Rough Mower and to purchase ( 1) Kubota Tractor to the lowest responsive, responsible bidders meeting specifications as outlined in the backup report. If approved, staff requests authorization for the City Manager and City Attorney to execute a 60- month Lease Agreement with the Florida League of Cities' Master Lease Purchasing Program ( beginning on page 13) with the Bank of America, as per quote specifications attached. The Finance Director mentioned the golf course is in need of several items of equipment and leasing is much more favorable to the cash flow. The City Manager noted it is a purchase at the end of five years and the City will own the equipment. Mr. Minich moved to award bid # 08- 104 for the purchase of golf course equipment, to the lowest responsive, responsible bidders meeting bid specifications, Beard Equipment, Mobile, AL, for ( 2) John Deere Hybrid Diesel model greens mowers in the amount of 50, 050. 00 ( includes trade in allowance of $800); to Jerry Pate Turf, Pensacola, FL, for (3) Toro Reelmaster 5410- D Fairway mowers with extended warranty, and 4- post ROPS and 1 sunshade canopies in the amount of $ 105,644. 58 ( includes trade in allowance of 2, 400); to Jerry Pate Turf, Pensacola, FL, for ( 2) Toro Groundsmaster 3500- D Trim mowers with extended warranty in the amount of $60,245. 60 ( includes trade in allowance of $ 1, 600); and to Beard Equipment, Mobile, AL, for ( 1) Progreen Proflex 120 Rotary Contour Rough mower in the amount of $15, 200; and to authorize the City Manager and City Attorney to execute a 50- month Lease Agreement with the Florida League of Cities' Master Lease Purchasing Program with the Bank of America. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  12/ 11/07 Regular Council 257 RES. 07- 29: PROPOSED CONSTITUTIONAL AMENDMENT ON PROPERTY TAXES The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, URGING FLORIDA CITIZENS TO CONSIDER THE CONSEQUENCES OF THE PROPOSED CONSTITUTIONAL AMENDMENT CONCERNING PROPERTY TAXES THAT WILL APPEAR ON THE JANUARY 29, 2008 BALLOT; OPPOSING SAID PROPOSAL FOR REASONS STATED HEREIN; r SUPPORTING A CONSTITUTIONAL AMENDMENT PROHIBITING UNFUNDED STATE MANDATES IN ORDER TO REDUCE PROPERTY TAXES; SUPPORTING A PROHIBITION l ON THE STATE' S PRACTICE OF REQUIRING LOCAL SCHOOL BOARD TO INCREASE PROPERTY TAXES; AND URGING THE FLORIDA TAXATION AND BUDGET REFORM COMMISSION TO DEVELOP MEASURES CONSISTENT WITH THIS RESOLUTION. The Mayor advised he was asked by the Florida League of Cities to present this resolution to Council, and he has discussed it with the Okaloosa and the Northwest Florida League of Cities, and the discussion centered around who to send the resolution to if Council adopts it. The Mayor expressed his thoughts that Council become as familiar as possible with the issue and its impact, and whether or not Council should go on record opposing this referendum. Discussion ensued whether it would be appropriate to publish the resolution in the newspaper prior to the January 29 ballot to ensure the citizens are aware of it. The City Manager stated it would be appropriate to publish a resolution that Council adopted; however, in that respect Council would be lobbying citizens to vote against the tax amendment as it is brought forward. The City Manager stated her feeling that it is agreed the tax issue needs to be corrected and that the amendment does not correct some of the issues such as unfunded mandates and maintaining home rule, and that Council has been fiscally responsible in their handling of taxes. The City Manager acknowledged the importance of maintaining some level of tax base so that Council is able to dictate a tax level based on what the citizens want, and this resolution does not allow Council this flexibility. Mr. Minich moved to suspend Roberts Rules of Order for this discussion. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Further discussion included the general citizenry may not understand the resolution because of the complex language, and agreed that Council should be educated on the issue so they could make it clearer for the citizens. David deVaux, 348 Marie Circle, urged Council not to pass the resolution. No action was taken by Council at this time. The Mayor asked the Finance Director