Fort Walton Beach Council minutes — 05-23-06 regular minutes — reading text

217 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 23, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 23, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson r Councilmen: Mike Holmes, William Patterson, Bob Campbell, Jim Tucker, and Mike Minich Absent: Dr. Wayne Pullen, Jim Hartwell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director (Vacant); 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 Gerald Waters, Greater Temple Church International, gave the Invocation. PLEDGE OF ALLEGIANCE Tanika Waters, Greater Temple Church International, led in the Pledge of Allegiance. PROCLAMATION- VALERIE PHILLIPS RETIREMENT The Mayor presented a proclamation and plaque to Valerie Phillips on the event of her retirement. PROCLAMATION- FRIENDS OF THE LIBRARY The Mayor presented a proclamation to Charlene Greenwald of the Friends of the Library for the organization' s efforts to the improvement of the library lobby. PROCLAMATIONS- ONS OF THE AMERICAN REVOLUTION The Mayor presented a proclamation to Terry Doan, Chapter President ofthe Sons ofthe American Revolution SAR), on the event of the Centennial Anniversary of the SAR. STUDENT ACE AWARDS The Mayor presented the Student Awards for Civic Excellence (ACE) to Joseph Gaccione, Choctawhatchee High School and Jessica Sansom, Fort Walton Beach High School. SPECIAL GUESTS Representative Ray Sansom discussed the successful legislative session and stated that Florida is the fastest growing state in the country. He advised that there are four projects in the budget for the City, two dealing with Liza Jackson Park and two dealing with the reuse water system expansion and storm drainage improvement r i program. He cautioned that the Governor has line item veto, and he expects these budget items to be vetoed for various reasons. Rep. Sansom will know by Thursday when the budget is signed and will notify the City on the status of these projects. L Rep. Sansom discussed five statewide issues of importance that are similar to those of California that caused that state to go into debt and recall their governor, and cautioned local leaders and community minded people to keep these five issues in mind. He noted that 1) Like the state of California, Florida has recently voted for a class size reduction amendment into the state constitution, causing the state to build new schools and hire new teachers; 2) the State of Florida has passed the state of California in amending their state constitution with 53 proposed constitutional amendments; 3) California had an over regulation of building permits, making development difficult; 4 )both states lack of affordable housing; and 5) traffic issues plague both states. 218 Regular Meeting OS/ 23/ 06 GUESTS CREP. SANSOM) SPECIAl.. As a result, California faced a $ 38 billion deficit, recalled their governor and still have not recovered economically. Rep. Sansom advised we all need to be conscious that Florida is facing these same issues, and all of us have a responsibility to ensure that does not happen in Florida. Rep. Sansom also advised that the military is ready to provide property for a by- pass for traffic relief from Mary Esther to Niceville, which should help alleviate the traffic problem. Bill Zell, Past Commander and Current Chaplain DAV, Chapter 72 and Dale Roesser, Vice- Commander DAV, informed that a canopy has been donated to the City' s Beal Memorial Cemetery to be used during the ceremonies for Memorial and Veteran' s Day. I 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, and Minich in favor (Pullen and Hartwell absent). APPROVAL OF MINUTES Approval of the minutes of the Special Council Meeting of May 4, 2006; the Workshop Meeting of May 9, 2006; and the Regular Council Meeting of May 9, 2006. BID 06- 118. SANITARY SEWER IMPROVEMENT PROJECT To award Bid No. 06- 118, Cinco Bayou Sanitary Sewer Improvement Project to the low, responsive, responsible bidder Hemphill Construction, Inc. of Florence, Mississippi, in the amount of $254, 148 for the construction of 1, 100 linear feet of 8- inch ductile iron aerial sanitary sewer force main underneath Cinco Bayou Bridge; and authorize the City Manager to execute individual change orders not to exceed the aggregate total of $ 15, 000. AMENDED PLAN OF OPERATIONS FOR THE NW FLORIDA FAIR To approve the amended " Plan of Operations 2006" for the Northwest Florida Fair Association for the 2006 calendar year. ACCEPTANCE OF EASEMENT-SAlLWATCH LANDING Acceptance of two Grants of Easements from Sailwatch Landing, LLC, for sidewalk, parking and utilities along the south side of Brooks Street and a boardwalk along Santa Rosa Sound on the Sailwatch Landing Condominium property, and authorize the Mayor to execute the boardwalk easement. PUBLIC HEARING AGENDA-ORD. 1706. BEAUTIFICATION COMMITTEE MEMBERSHIP The City Attomey read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 2. 03.01, BEAUTIFICATION COMMITTEE ESTABLISHMENT; MEMBERSHIP; TO REDUCE THE MEMBERSHIP FROM SEVEN TO FIVE MEMBERS; AND PROVIDING FOR AN EFFECTIVE DATE. ~ The Mayor opened the public hearing. As there was none, the public hearing was closed. · l Mr. Minich moved to adopt Ord. 1706 on second reading. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, and Minich in favor (Pullen and Hartwell absent). ORD. 1671. WRECKER OPERATIONS AND SERVICES The City Attorney read the ordinance by title only.  219 Regular Meeting OS/ 23/ 06 ORD. 1671 ( CONTI AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; REPEALING IN ITS ENTIRETY THE CURRENT CHAPTER 8. 11, WRECKERS; ADOPTING A NEW CHAPTER 11. 12, ENTITLED WRECKER OPERATIONS AND SERVICES; REQUIRING PERMITTING OF OWNERS AND OPERATORS; REGULATING WRECKER OPERATIONS AND SERVICES ON PRIVATE PROPERTY; ESTABLISHING CITY WRECKER ROTATION PROGRAM; REPEALING CONFLICTING r: PROVISIONS AND SETTING AN EFFECTIVE DATE. The City Attorney stated Council received an e- mail stating the changes made from the Council workshop held earlier this month, and she would answer any questions that Council might have, Mr.Minich received clarification from the City Attorney on issues regarding storage area requirements, signage, photographs of offending vehicles, and towing service response requirements. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1671 on first reading. Mr. Campbell seconded motion. Mr. Holmes advised he would abstain from the vote as he works for a towing company. Mr. Minich stated his feeling that the towing business should be strictly enforced, but not legislated, that there is enough in place to enforce the regulations, and advised he had several amendments to make to the proposed ordinance. Mr. Minich moved to amend the motion to delete the language " manned during regular business hours" in Section 11. 12. 04, Line 491, of Ord. 1671. Mr. Patterson seconded motion. Discussion ensued regarding the expense being added to a towing business if an individual is required to sit in a yard awaiting a vehicle to be picked up. The Mayor called for the vote on the amendment and it failed by a vote of 1 to 3 with Minich in favor and Patterson, Campbell, and Tucker opposed ( Holmes abstained, Pullen and Hartwell absent). Mr. Minich moved to amend the motion to delete paragraph 4a regarding signage, " Roam Towing, 12: 00 Patterson midnight - 7: 00 a. m." in Section 11. 12. 052, Lines 541 through 544, of Ordinance 1671. Mr. seconded motion. Mr. Minich stated his comment that signage at tow away zones is adequate without additional language stating roaming hours. The Mayor called for the vote on the amendment and it failed by a vote of 1 to 3 with Minich in favor and Patterson, Campbell, and Tucker opposed ( Holmes abstained, Pullen and Hartwell absent). Mr. Minich moved to amend the motion to delete paragraph 4c regarding photograph of vehicles, in Section 11. 12. 052, Lines 548 through 551, of Ordinance 1671. Mr. Patterson seconded motion. Mr. Minich stated his thought that a photograph taken of a vehicle at night may not prove it was parked in a tow-away zone. The Mayor called for the vote on the amendment and it failed by a vote of 1 to 3 with Minich in favor and Patterson, Campbell, and Tucker opposed ( Holmes abstained, Pullen and Hartwell absent).  220 Regular Meeting OS/ 23/ 06 ORD. 1671 ( CONTI Mr. Minich moved to amend the motion to delete the verbiage "That the vehicle can be picked up within thirty minutes of request during regular business hours," in Section 11. 12. 055, ( 4), Lines 605 through 606. Mr. Patterson seconded motion. d his opinion that one hour is adequate time to have a vehicle picked up, regardless of i~~~~~~~~~~ The Mayor called for the vote on the amendment and it failed by a vote of 2 to 3 with Patterson and Minich i favor and Campbell, Tucker, and the Mayor opposed ( Holmes abstained, Pullen and Hartwell absent). Mr. Tucker requested Mr. Minich present his proposed thl" changes to Council before second reading so they have a chance to review them. The Mayor called for the vote on the motion to adopt Ord. 1671 on first reading and it carried by a vote of 3 to 1 with Patterson, Campbell, and Tucker in favor and Minich opposed (Holmes