Fort Walton Beach Council minutes — 11-24-2009 regular — reading text

annually. The Mayor opened the public hearing. Kabe Woods, 240 Brooks Street, stated this is a worthwhile endeavor although the results will not be seen for at least five years. As there was no one else who wished to speak, the public hearing was closed. Mr. Garvie moved to adopt Ord. 1817 on first reading. Mr. Nabors seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. BEAUTIFICATION/ TREE BOARD APPOINTMENT Consideration of appointment to the Beautification Committee/ Tree Board. The City Clerk advised there is one vacancy for an unexpired term until February 11, 2012, and one application on file. Mr. Reeves nominated Dakota Abernathy, 115 Hughes Street, Fort Walton Beach, to serve on the Beautification Committee/Tree Board for an unexpired term until February 11 2012. As there were no further nominations the Mayor called for the vote on the nomination of Dakota Abernathy and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. MUNICIPAL PLANNING BOARD APPOINTMENT Consideration of appointment to the Municipal Planning Board ( MPB). The City Clerk advised there is one vacancy for an unexpired term until February 25, 2012, and four applications on file: Eric Davis, Christianne Gibson, Ms. Sam Kinkaid, and Sheila McKinnie. It was noted that Ms. McKinnie had withdrawn her application and Brian Rosales had submitted his application, which was distributed to Council for their consideration. Mr. Reeves nominated Brian Rosales, 412 Holmes Blvd NW, Fort Walton Beach, to serve on the Municipal Planning Board for an unexpired term until February 25, 2012. Mr. Garvie nominated Ms. Sam Kinkaid, 240 Brooks Street, Fort Walton Beach, to serve on the Municipal Planning Board for an unexpired term until February 25, 2012. The Mayor asked each applicant if they would like to say a few words on their behalf. Mr. Rosales advised he has been attending the Council and MPB meetings, and that he is a member of the Business Retention Panel, and would be honored to serve on the MPB. Ms. Kinkaid stated she has been a member of the Code Enforcement Board and currently sits on the Board of Adjustment. She added her experience as a realtor and a developer will be beneficial to the MPB, and she would be glad to serve on that Board. As there were no further nominations, the Mayor closed the nominations and asked that applicants be voted on alphabetically. 44 Regular Council Meeting November 24, 2009 MPB APPOINTMENT (CONT) The Mayor called for the vote on Ms. Sam Kinkaid with Miller and Garvie in favor. The Mayor called for the vote on Brian Rosales with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor. The Mayor advised Brian Rosales has been appointed to the MPB for an unexpired term until February 25, 2012. RES. 2009 -44, TERMINATES THE VISION PLAN ADVISORY COMMITTEE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ABOLISHING THE VISION STEWARDSHIP COMMITTEE; AND SETTING AN EFFECTIVE DATE. Ms. Abell informed that in September Council directed Staff to study the efficiency and effectiveness of the City's existing advisory boards in consideration of the City's 2009 strategies for economic stimulus. Ms. Abell continued that in September the Vision Plan Stewardship Committee ( VPSC) noted that since 2006 they have implemented the 2004 Vision Plan Update, the Waterfront Committee's Charting the Course, the 2007 CRA Plan Update, and the 2007 Beal Parkway Neighborhood Plan, as well as the 2020 Comprehensive Plan, and reiterated their desire to focus on economic development as their highest prioritized goal for the City. Ms. Abell advised that the VPSC considered Res. 2009 -44 at a special meeting on November 2 and voted unanimously to forward the resolution to Council. The Mayor asked for public input. There was none. Mr. Holmes moved to adopt Res. 2009 -44. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RES. 2009 -43, ESTABLISHES THE ECONOMIC ADVISORY GROUP A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA; ESTABLISHING THE ECONOMIC ADVISORY GROUP; PROVIDING FOR ITS PURPOSE AND MISSION STATEMENT; APPOINTING MEMBERS OF THE GROUP; SETTING THE TERM OF THE GROUP; AND PROVIDING AN EFFECTIVE DATE. Ms. Abell advised the mission statement of the Economic Advisory Group is to assist with the implementation of the City's Vision, including the Economic Implementation Plan using consistency, coordination, common purpose, and citizen involvement. Ms. Abell informed she would answer any questions Council might have. Council received clarification that the membership of the Economic Advisory Group lines up with that of the VPSC, including the two citizens at- large. The Mayor asked for public input. There was none. Mr. Holmes moved to adopt Res. 2009 -43. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. REVISED LEASE FOR THE C. H. " BULL" RIGDON, JR. FAIRGROUNDS The City Manager advised he has been renegotiating the rent of the Fairgrounds with Bull Rigdon, per Mr. Rigdon' s request to the City Council, as well as the operation plan for the Fairgrounds.  Lim Regular Council Meeting November 24, 2009 FAIRGROUNDS LEASE (CONY) The City Manager explained the methodology he used to reconfigure the lease, and that the rent for this fiscal year will be $ 4,721. 27, payable in advance in quarterly installments on the first day of October, January, March, and June, and will be recalculated each year. The City Manager further advised that both parties have agreed that the operational plan remain in the lease to demonstrate that each year the Fairgrounds provides a public purpose. Mr. Reeves questioned the need for an operational plan for the fairgrounds when the City does not require a plan for other lessees, and noted the Fair Association has different events at the facility and some are last minute events. The City Attorney explained that part of the use of the property is rented to profit agencies, not non -profit agencies, and from the beginning Council has determined that they would be looking at the profits as well as the non -profit agencies. She continued that the lease to a municipal purpose as they have a state purpose under their charter, and they do other activities that may be outside of their state charter, such as the car or gun show. Having a plan gives Council oversight on the activities; it does not change the rent or increase the rent on what is being done. Mr. Reeves appreciated the City Attorney's response, but questioned why the City does not monitor the activities of other lessees. The City Attorney responded the City does not allow sub lessees or assignments, and that the City is allowing the Fair Association to assign some portion of their property. Bull Rigdon of the Fair Association stated he does not agree with the City Attorney and that the fair is there to serve the entire state. He is, however, satisfied with the lease and feels the City Manager did a great job in the renegotiation of the lease. Mr. Rigdon stated the Fair Association will continue to support city, state, county, and federal governments. The Mayor asked for public input. There was none. Mr. Garvie moved to approve the lease between the City and the C. H. " Bull" Rigdon, Jr. Fairgrounds at a rental amount of $4,721. 27 for this fiscal year, payable the first day of October during the term of the lease and then payable on the first day of January, March, and June. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RES. 2009 -48, BUDGET AMENDMENT A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010 BUDGET TO MAKE CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF CITY FUNDS; AND PROVIDING AN EFFECTIVE DATE. The Finance Director advised this resolution amends the FY 2009 -10 budget to reflect adjustments to lease agreements approved by the City Council for the Emerald Coast Science Center and the C. H. " Bull" Rigdon, Jr. Fairgrounds, resulting in an appropriation from undesignated fund balance of $ 17, 852, with no net change to the General Fund budget of 18, 610,604.00. The Mayor asked for public input. There was none. Mr. Garvie moved to adopt Res. 2009 -48. Mr. Patterson seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. 46 Regular Council Meeting November 24, 2009 CRA BE DESIGNATED AS FUNDING SOURCE FOR $ 200,000 IN CONSULTING AND ENGINEERING EXPENSES FOR SOUND SIDE Michael Beedie, City Engineer, advised that in order to determine the economic feasibility of pursuing the Sound Side project, a market study and a Phase I environmental assessment are needed. The cost of the market study is $ 3, 500. 00 and will take 4 to 5 weeks to complete, and the environmental assessment is $ 1, 750.00 and will take 4 weeks to complete, for a total cost of 5, 250.00. Mr. Beedie continued that based on the results of the market study, Staff will recommend to Council to either pursue closing the mortgage secured by the US Department of Housing and Urban Development (HUD), or cease pursuing the completion of the development. Mr. Beedie explained that because this project lies within the Community Redevelopment Area CRA), Staff recommends utilizing CRA funds for the pre- closing expenditures for the development. Mr. Beedie also requested that the City's competitive Purchasing Policies and Procedures be waived for all Sound Side development expenditures to allow the Fort Walton Beach Housing Authority to utilize consultants and contractors already involved in the development, which will also save time and money in completing the items required to proceed with the completion of the development. James Robbins, 30 Comet Street and member of the Housing Authority Board, advised that the total population of the previous development was 174; the total number of persons in the new Sound Side development will be 500. Mr. Robbins also commented that the Housing Authority Board unanimously agreed to support all the endeavors in regards to the market study. The Mayor asked for public input. There was none. Mr. Patterson moved to utilize CRA Funds in the amount of $3,500 for a market study and 1, 750 for a Phase I Environmental Assessment from HUD, not to exceed $ 5,250, to fund the required pre -closing expenditures for the Sound Side affordable housing development, and to waive the City's competitive Purchasing Policies and Procedures for all Sound Side development expenditures to allow the Fort Walton Beach Housing Authority to utilize consultants and contractors already involved in the development. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Discussion ensued regarding the name of the Sound Side development since it is not located on the Sound. Mr.