Fort Walton Beach Council minutes — 01-12-2010 regular — reading text

55 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JANUARY 12, 2010 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, January 12, 2010, at 6:00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Dennis Reeves, Bill Garvie, and Bill Patterson Absent: Virgil Miller, Bobby Nabors and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; 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/ PLEDGE OF ALLEGIANCE The Mayor gave the Invocation and the Cub Scouts/Pack 509 led in the Pledge of Allegiance. CHRISTMAS PARADE AWARD WINNERS The Mayor presented plaques to the Christmas parade winners. PROCLAMATION —ARBOR DAY The Mayor presented a proclamation recognizing State of Florida Arbor Day to Carole Jones. APPROVAL OF AGENDA The City Manager advised that a bid protest was received from one of the engineering companies that submitted a response to Item 9. 1, Award RFQ Pre -Qualification for General Contracting Services, requesting the City re- evaluate the General Consulting Services. The City Manager requested this item be withdrawn from tonight' s Council agenda in order to respond to the protest, and that it will be placed on the next Council agenda. The City Manager also requested Item 5. 1, Vacation of Sewer Easement at 103 Alabama Avenue NW, be tabled for three months as a lawsuit is pending. The City Attorney advised the matter needs to be called and a motion to table can be made at that time. i Mr. Reeves moved to approve the agenda as the business of the day, as amended, with Item 9. 1 Award RFQ Pre -Qualification for General Contracting Services, removed. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor (Miller, Nabors, and Rynearson absent). SPECIAL PRESENTATIONS —BOARD OF ADJUSTMENT ANNUAL REPORT Glenn Swiatek, Chairman of the Board of Adjustment, presented an overview of the Board' s activities during the past year on four variance requests. 56 Regular Council 1 - 12 -10 GENERAL EMPLOYEES PENSION PLAN QUARTERLY REPORT Joe Bogdahn of the Bogdahn Group gave an update of the General Employees Pension Plan for the quarter ending December 31, 2009. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda items. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor Miller, Nabors, and Rynearson absent). APPROVAL OF MINUTES Approval of the minutes of the Regular Council Meeting of December 8, 2009, and Special Meeting of the same date. APPROVAL OF THE CDBG CAPER Approval of the FY 2008 -09 Community Development Block Grant ( CDBG) Consolidated Action Plan and Evaluation Report (CAPER). RES. 2010 -1: AMENDING COMPREHENSIVE FEE SCHEDULE A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE FEE SCHEDULE OF THE CITY FOR THE UTILITIES SERVICES DEPARTMENT BY ADJUSTING CERTAIN SOLID WASTE FEES; AND SETTING AN EFFECTIVE DATE. AWARD OF REFURBISHING SERVICES FOR VEHICLE 2429 Authorization to waive the formal bid procedures to award refurbishing services for Vehicle 2429 to Sansom Equipment Company of Mobile in an amount not to exceed $ 36, 617. 16.. PGIT REIMBURSEMENT Ratification of reimbursement of deductible made to Preferred Government Insurance Trust in the amount of $ 25, 000.00 to settle the personal injury claim as a result of a fall in the Chester Pruitt Ballpark Complex.. BLUE CROSS/ BLUE SHIELD HEALTH INSURANCE RENEWAL Renewal of Blue Cross/Blue Shield Health Insurance effective February 1, 2010 through September 30, 2010 at a 4. 8% premium increase. REJECT ALL GROUNDS MAINTENANCE BIDS Reject all grounds maintenance bids for various areas in the City, and permit staff to re -issue the Invitation to Bid. QUASI -JUDICIAL - VACATION OF SEWER EASEMENT AT 103 ALABAMA AVENUE, NW The City Attorney explained this item was tabled from the October meeting, and since the case is in settlement, asked it be tabled until the first meeting in April. Mr. Reeves moved to table until April 13, 2010. Mr. Patterson seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent).  M Regular Council 1 - 12 -10 PUBLIC HEARING - AMENDMENTS TO ELEMENTS OF THE COMPREHENSIVE PLAN The City Attorney informed she could read each ordinance by title only, and advised that a separate motion would be needed for each ordinance, and that a motion would be needed to transmit them to the Department of Community Affairs (DCA) as one package. The City Attorney read each ordinance by title. ORD. 1797: AMEND HOUSING ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY TO AMEND THE HOUSING ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. ORD. 1798: REPEAL CURRENT COASTAL AND CONSERVATION ELEMENT AND ADOPT COASTAL MANAGEMENT ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; REPEALING THE CURRENT COASTAL MANAGEMENT AND CONSERVATION ELEMENT; ADOPTING THE COASTAL MANAGEMENT ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. ORD. 1799: AMEND CONSERVATION ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN OF THE CITY; ADOPTING THE CONSERVATION ELEMENT; PROVIDING FOR CONSISTENCY; PROVIDING FOR SEVERABILITY AND SETTING AN EFFECTIVE DATE. ORD. 1800: AMEND TRANSPORTATION ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; PROVIDING FOR ADOPTION OF THE TRANSPORTATION ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORD. 1806: AMEND FUTURE LAND USE ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING DIRECTIONS--THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; PROVIDING FOR AUTHORITY; AMENDING THE FUTURE LAND USE ELEMENT; PROVIDING FOR CONFLICTS AND SEVERABILITY AND SETTING AN EFFECTIVE DATE. ORD. 1808: AMEND CONCURRENCE ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; ADOPTING TEXT AMENDMENTS TO THE CONCURRENCY MANAGEMENT SYSTEM ELEMENT FOR CONSISTENCY WITH STATE LAW; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. 58 Regular Council 1 - 12 -10 ORD. 1809: AMEND CAPITAL IMPROVEMENT ELEMENT AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; AMENDING DIRECTIONS- -THE COMPREHENSIVE PLAN OF THE CITY OF FORT WALTON BEACH: 2008, PURSUANT TO CHAPTER 163 OF THE FLORIDA STATUTES; ADOPTING TEXT AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT RESULTING FROM ANNUAL UPDATE REQUIREMENTS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The City Attorney confirmed all notices have been made and properly advertised. Samantha Abell, Senior Planner presented an overview of the process of the Evaluation and Appraisal Report ( EAR), which includes text and map amendments to the City' s Comprehensive Plan and incorporates all the state statute changes. Ms. Abell continued that the amendments to implement the EAR recommendations must be adopted during a single amendment cycle, and upon transmittal of the amendment package to DCA, the Agency will either advise the City that they will not conduct a review and to proceed with the adoption of the amendment package, or that they are going to conduct a review and will issue an Objections, Recommendations, and Comments Report ORC). Ms. Abell advised the Municipal Planning Board held no fewer than 12 meetings to consider the amendments and in addition the Waterfront Committee and CRA reviewed the elements. She gave a summary on the proposed changes in each of the seven elements then entered the Staff Reports into the record. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Ord. 1797: Amend Housina Element Mr. Garvie moved to adopt Ord. 1797 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1798: Reveal _Current Coastal and Conservation Element and Adout Coastal Management Element Mr. Garvie moved to adopt Ord. 1798 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1799: Amend Conservation Element Mr. Garvie moved to adopt Ord. 1799 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1800: Amend Transportation Element Mr. Garvie moved to adopt Ord. 1800 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1806: Amend Future Land Use Element Mr. Garvie moved to adopt Ord. 1806 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent).  59 Regular Council 1 - 12 -10 Ord. 1808: Amend Concurrence Element Mr. Garvie moved to adopt Ord. 1808 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Ord. 1809: Amend Capital Improvement Element Mr. Garvie moved to adopt Ord. 1809 on first reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, and Patterson in favor ( Miller, Nabors, and Rynearson absent). Mr. Garvie moved to transmit as a package the ordinances ( 1797, 1798, 1799, 1800, 1806, 1808, and 1809)