Fort Walton Beach Council agenda — 06-24-03 regular Council agenda — reading text

THE AMOUNT OF SUCH FEE SHALL BE SET BY RESOLUTION; PROVIDING FO~ PENALTY; PROVIDING FOR SE:vERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1559 on first reading. Patterson seconded motion and it carried Mr.. unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and Kelley in favor (Anderson absent). 1};~ if<~~{ t~I~~ ~7hr~~'~ ~ (~~ I ')~:\~: ')-,) J :;; fJ ~~~ Anita Kroha, 109 Brooks' Street, discussed the history of the city and the desire to retain the character of the doWntown area. 1:~,~ r~~~ rr-~~~~~ l. ~ if~ fITfj~ [{ I:~ \ ( I J !\ I.:~[~ r~;~ 1 ~~ ~( ~( I) tr~~ =~-::.~ :~!\~!:+ 5 (~ r' ~~~ [ L.<; , . ............. _ _ _ __ ~_ _ Request by County Commissioner Elaine Tucker to address the Council on closure and monitoring costs for county landftlls. Elaine Tucker, Okaloosa County Commissioner, discussed the responsibility of the City to pay costs to monitor the old Wright landfill even though the City has not used it since 1990 when it was closed because of groundwater contamination. Ms. Tucker advised the City should still pay their share of the costs for the landftll and explained that according to State Statute, the landfill must be maintained for 30 years after contamination The City Manager clarifted that the City paid closing costs for garbage for the past five years that was taken to Waste Management and disposed of at a different landfill other than the Wright landfill. Danielle Slaterpryce, Okaloosa County Public Works Director, explained the fee schedule and how the amount the City owes was obtained. Council requested the County provide the City with numbers that shows what a resident of both the City and the County pays, and who prepares the numbers. Discussion included the closure fee associated with the County when the City no longer uses the landft1l; the fee charged by Waste Management to the County; and the extra cost to care for landfills for 30 years or more. Ms. Tucker suggested the City and County get together to discuss a fair and equitable amount for the City to pay to help pay for trash previously placed in the landfill in order for the County to continue to maintain it for the next 30 years. Mr. Tucker moved to set up a workshop in July to discuss with the County. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, and in favor ( Anderson Kelley absent).  3 6/ 10/ 03 5~' j '" ,,:;--:,;)\. i~ L" .:~ :~;'~".':;::'-~, -,;",:~~ f-{ 1".',~ l :" I;: 1 The City Attorney requested the letter from David Theriaque requesting a continuance on behalf of Village Condominiu,m Association, Inc. be entered into the record. The Camp Walton Mayor entered the letter into the record. Ms. Allen discussed the letter of continuance from Mr. Theriaque and expressed concern of the which was received by Council this timing of the letter, evening. Ms, Allen believes there has been ample and proper notice of the hearing, that everyone has had an opportunity to be heard, and that a continuance is unwarranted. Mr. Fleet advised the Association is not opposed to the development; however, they are opposed to the that several conditions will need to be resolved before design and the plan is brought into conformance. Therefore; he feels a continuance is needed in order for all parties to sort out their concerns and requested a continuance. Ms. Allen stated it was her understanding that the issues of concern attached to Mr. Theriaque' s letter have been addressed and are considered a non-issue and that a continuance would cost her client money, and continue with the proceeding this urged Council to evening. The City Attorney advised that Council could be looking at a long process, perhaps several hours, and due to the time and length of the agenda, suggested a tontinuance. Mr. Tucker moved to accept a continuance to a time satisfactory to the parties involved. Mr. Campbell seconded motion. Ms. Allen again mentioned the interest and charges accruing because of a delay, and that the issues have been discUssed. . Mr. Fleet advised it will take time to sort through the issues, that he knows of two witnesses that will testify as to the deficiencies in the sight drawings, and that this is a serious matter to the Association. He stated the needed opportunity to cross- examine the architect, and requested a continuance. The City Manager advised that in Mr. Theriaque' s letter, he requested a continuance until the Council meeting of June 24. Mr. Tucker amended his motion to continue the item until the Council meeting of June 24th. Mr. Campbell accepted the amendment. Dr. Pullen announced he attended a portion of the CRA meeting when this item was discussed. The CDS Director discussed the 18 conditionS of approval and advised some of the more significant conditions could not be resolved if the parties met in the next two weeks; some of the minor conditions could be. She advised a signiftcant condition that would take time is the 50- foot setback from the water, which from the Corps of Engineers. requires a determination Blinn Van Mater, architect for the project, advised the setback shown on the site plan is based on the mean water line provided high by the surveyor, which is the same information used for set backs as in the past The Mayor called for the vote on the motion, as amended, and it carried Patterson, Campbell, Tucker, Pullen, and unanimously with Holmes, Kelley favor (Anderson absent). t; J~ j 03~';I? ~ ~~ Request authorization for the City Manager to execute an Agreement between the American Society of Composers, Authors and Publishers ( City of Fort Walton Beach and the ASCAP) allowing copyrighted musical works to be played at City sponsored special events, programs and classes. The City Manager advised this item has been removed at the request of Staff and that a has been asked to attend a future representative from ASCAP to meeting the explain request.