Fort Walton Beach Council minutes — 01-27-09 regular minutes — reading text

107 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 27, 2009 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, January 27, 2009, at 6: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Robert Mearns, Acting City Manager; Helen Spencer, City Clerk; Brandy Wunker, Finance Director; 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 Reverend Charles Sansom, Sr., Family of Faith Church, gave the Invocation. PLEDGE Youth from Family of Faith Church led in the Pledge of Allegiance. RECOGNITION —STUDENT ACE AWARDS The Mayor presented the Student ACE Award to Brandon Metra of Choctawhatchee High School. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the order of the business of the day. Mr. Holmes seconded motion. Mr. Hartwell moved that Item 7, Consideration of a Request for $ 5, 000 for Dr. Herb Marlow to Facilitate the 2009 Strategic Planning Session, be moved to the regular agenda. Dr. Pullen seconded motion. Mr. Minich and Mr. Holmes accepted the motion as an amendment to the main motion. Mr. Miller amended the motion to move Item 5, Bid for Cemetery Burial Services, and Item 8, Compensation for the Acting City Manager, to the regular agenda. Mr. Garvie seconded motion and it carried by a vote of 4 to 3 with Miller, Garvie, Pullen, and Hartwell in favor and Holmes, Reeves, and Minich opposed. The Mayor called for the vote on the motion, as amended, to approve the agenda as the order of business of the day with Item 5, Bid for Cemetery Burial Services, Item 7, Request for $ 5, 000 for Dr. Herb Marlow to Facilitate the 2009 Strategic Planning Session, and Item 8, Compensation for the Acting City Manager, moved to the regular agenda, and it carried by a vote of 6 to 1 with Holmes, Miller, Garvie, Pullen, Hartwell, and Minich in favor and Reeves opposed. 1 Regular Council Meeting 1/ 27/ 09 CONSENT AGENDA Mr. Minich moved to approve the Consent Agenda as amended, to include the following Items 2, 3, 4, and 6. Mr. Hartwell seconded motion. Mr. Miller addressed a portion of the January 13, 2009 Council meeting minutes regarding a statement the City Manager made, for the record, regarding the purchase of police vehicles that Mr. Miller believed was erroneous. The City Attorney advised Mr. Miller that a main motion is already on the floor, and explained to Mr. Miller if he felt that something needs to be supplemented to the minutes, then a motion can be made at another time, perhaps during the Council Discussion or Other City Business portion of the meeting. The Mayor called for the vote on the motion to approve the Consent Agenda, as amended, to include the following Items 2, 31 4, and 6, and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of January 13, 2009. BID 09 -107, STORMWATER POLLUTANT SEPARATORS To award Bid # 09 -107 for the installation of five ( 5) stormwater pollutant separators to the lowest responsive, responsible bidder, Starfish, Inc. of Alabama, in the amount of 437, 959. 67, which includes the Base Bid of $ 424, 849.67; Additive Alternative # 1 for $ 5, 835; and Additive Alternative # 2 for $ 7, 275. 00. Further authorize the City Manager, or his designee, to execute individual change orders in the not to exceed amount of $ 18, 475, which is the remainder of the balance of the Florida Forever Grant Award, and authorize the Purchasing Agent and City Attorney to draft a contract. BID 09 -105, PURCHASE OF 50KW EMERGENCY GENERATOR To award Bid # 09 -105 for 50kW Emergency Generator, to the lowest responsive, responsible bidder meeting specifications, C &D Agency /Arcco Services, Covington, Louisiana, for the bid amount of $ 26, 284, including optional extended warranty and spare Kassec engine control board. MEDICAL INSURANCE RENEWAL WITH BLUE CROSS /BLUE SHIELD To authorize the Acting City Manager to renew the group medical insurance with Blue Cross /Blue Shield of Florida for the plans and associated premiums as follows: 1) The 1352 Base Plan. Single Coverage $ 445. 13 per month; Family Coverage $ 1, 216. 55 per month. 2) The 3559 Buy -Up. Single Coverage $ 481. 14 per month; Family Coverage $ 1, 314.96 per month. The Mayor addressed the following items that were removed from the Consent Agenda. REGULAR AGENDA— BID 09- 111. CEMETERY BURIAL SERVICES To award Bid # 09 -111, Cemetery Burial Services, to the highest ranked company, as outlined in the backup material, to Gulf Coast Wilbert, Inc, and authorize the Acting City Manager to execute the contract. Mr. Miller voiced concern that in the RFP there are a lot of requirements that the bidders are expected to perform to, but yet there are no factors placed in the evaluation criteria to evaluate them in meeting the requirements. Mr. Miller stated his feeling that compliance with requirements should be a major part of the evaluation criteria and that the policy be changed to state this, and he questioned why there were no factors in the RFP.  109 Regular Council Meeting 1/ 27/ 09 BID 09 -111 ( CONT) Jeff Peters, Recreation and Cultural Services Director, advised requirements differ according to RFP' s, and minimum requirements include that all bids be turned in by a certain date and time, and that all bids that were submitted have 15 days before the RFP is awarded to meet requirements, such as insurance. Mr. Peters further advised that in this particular bid, all three firms had the option to lower their prices; one firm did and the others did not. Discussion ensued regarding the letter of protest on behalf of Turn Key Vault & Burial Services, and the City Attorney advised it is invalid because it was not received within the 5- day time frame after the notification. The Mayor asked for public input. Nick Rogers of Turn Key Vault & Burial Services, advised his company received the bid award when it was originally bid, and he asked that the City monitor the performance of the firm selected this evening, and if the performance is not met or the City is not satisfied with their selection, that the RFP is followed and it be awarded to the next highest bidder. The Mayor assured the contract would be monitored closely. As there was no one else who wished to speak, the Mayor closed the public input. Mr. Minich moved to award Bid # 09 -111, Cemetery Burial Services, to the highest ranked company, Gulf Coast Wilbert, Inc, and authorize the Acting City Manager to execute the contract. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUNDING FOR FACILITATOR FOR STRATEGIC PLANNING SESSION Consideration of a request to authorize $ 5, 000 for Dr. Herb Marlowe to facilitate the 2009 Strategic Planning Session. If approved, funding is available as outlined in the backup report. Mark Wiltsie, Administrative Services Director, was available to answer any question Council might have. Mr. Minich received clarification that the plan that was given to Council in 2008 was a multi- year plan. Mr. Miller moved to authorize $ 5, 000 for Dr. Herb Marlowe to facilitate the 2009 Strategic Planning Session. Motion failed for lack of a second. RES. 2009 -5. COMPENSATION FOR ACTING CITY MANAGER The Mayor read the resolution by title. A RESOLUTION PROVIDING FOR THE COMPENSATION OF THE ACTING CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. Also, respectfully request approval of the Agreement for Services. Mr. Miller received clarification from Mr. Wiltsie that the $ 8, 000 per month proposed for the Acting City Manager provides for salary, and that the proposed $ 100. 00 per month provides for auto allowance and the use of a City issued cell phone. 110 Regular Council Meeting 1/ 27/ 09 RES. 2009 -5 ( CONT) Mr. Wiltsie explained that it was his understanding that he and the City Attorney were directed by Council to negotiate a services agreement with Mr. Mearns for salary and benefits, and it was his idea to include the auto allowance and City cell phone as they are essential functions of the job and a minimal expense, and Mr. Mearns will be using his personal automobile. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Hartwell moved to adopt Res. 2009 -5. Dr. Pullen seconded motion. Mr. Hartwell stated he understands and concurs with what was done regarding the salary. Mr. Miller voiced his disagreement stating a cap of $8, 000 per month was voted on by Council. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. PUBLIC HEARING —ORD. 1772, SIGN CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING SECTION 16. 125. 2, SIGN CODE, OF THE LAND DEVELOPMENT CODE, TO INCREASE THE NUMBER OF MONUMENT SIGNS ALLOWED FOR CERTAIN MULTI -TENANT CENTERS; AND SETTING AN EFFECTIVE DATE. Laura Borough of Crystal Beach Development, representing Jay Odom and Uptown Station, requested approval of the ordinance to increase the amount of signage available for large shopping centers in an effort to gain new tenants and retain the tenants they already have. Discussion ensued regarding reader board signs vs. permanent signs; the safety of reader board signs and that studies have been done by the DOT; and the number of advertisements allowed on reader board signs in a six -second span. Samantha Abell, Senior Planner, advised the ordinance remains unchanged since first reading. Ms. Abell further advised that the ordinance allows on major roads a maximum of four signs, one for every 100 linear feet, and on a minor road two signs, one for every 100 linear feet, and the signs on the minor road would be 10 feet tall maximum and 24 feet tall on major roads, but the maximum sign area would still be 100 square feet. Ms. Abell also noted the ordinance does not address reader boards, nor does the applicant intend to install reader boards, but reader boards would be allowed. Discussion included that the placement of the signs would not include the right -of -way; that if the ordinance is adopted, it would allow for four signs on Eglin and two signs on Hughes for Phase I, and