Fort Walton Beach Council minutes — 05-25-1982 Regular — reading text

APPRECIA- ion for the Fire Fighters. Tht Mayor indicated she had not been asked TION WEEK to issue a proclamationbut certainly would have been happy to have done so. CITY ATTORNEY REGARDING PROCESS FOR SELECTING THE POLICE CHIEF. The Attorney said he hoped the process included, if it were a three man panel as they discussed, that three man panel would report its recommendation to the City Manager, and that decision would be made by the City Manager. The Mayor confirmed the Attorney' s remarks. INDUSTRIAL PARK BID - ARTKRAFT next item was for 2. 6 acres in the Industrial Park and Manager announced the had not been opened since there was one bid. Mr. 8ishop moved that the bid be opened. Motion seconded by Mr. Baughman and carried unanimously. The~ id was o~ ned and read. It was from Artkraft on the basis of the purchase of the total 2. 64 acres and to bid in two parts.  5- 25- 82 079 ARTKRAFT INDUSTRIAL PARK BID, Continued The bid for 1. 32 acres ( 223. 401) bordering on Forsman Street for $ 6, 600. 00 to be purchased initially, plus street paving, water and sewer of approximately 5, 585. 00 - total of $ 12, 185. 00 initially. An option to purchase back l. 32 acres for 6, 600. 00 exercisable with 6 months with provision for renewing option for an addi- tional 6 months if necessary. In case, for some reason the option on this back portion could not be exercised, Artkraft agrees to furnish an ingress and egress 251 wide along west side of front property to this back parcel of land. A I cashiers check in the amount of $ 660. 00 to cover a bid deposit was enclosed. It was noted this was not the way the transaction had been originally discussed, and had been advertised as one parcel. Mr. Miller moved to reject the bid. Motion seconded by Mr. Bishop and carried unanimously. Mr. Franklin asked Mr. Grant as Chairman of the Industrial Committee to contact Artkraft to see if they wished to come back with another proposal. Mr. Baughman asked if Council had discussed job density in this proposal. Mr. Grant said it was discussed in committee. The Mayor asked that Mr. Grant go back and re- negotiate and come back to Council. ESTIMATE FOR MOVING SANITATION DEPARTMENT Manager presented an estimate in the amount of $ 17, 889. 50 for improvements required to move the Sanitation Department to the old sewer plant on Robinwood Drive. It was indicated funds of $ 15, 000. 00 were available in the Federal Revenue Sharing Trust fund and requested that additional monies needed to complete the project be made available from other funds. The Manager indicated this was just to move the Sanitation; that movement of the warehouse was something to be considered later after a solid commitment was made by the National Guard. Mr. Baughman moved approval of the recommendation. Motion seconded by Mrs. ThQrnber. Mr. Miller aslted if this were to be all the sanitation truck operation. This was conf'irmed but not the shops that worked on- the trucks. Public Works Director satd' the basictdea was to get the men a place to eat their lunches. The trucks would still be housed outside. Vote to the motion was aye unanimously. FINDINGS PERTAINING TO THE WINDMILL GENERATORS City Manager noted each of Council had received the report of the Board of Adjustment meeting wher.e the request for the windmill generator had been approved. Mr. Baughman felt something should be done about how the blades would be taken off the windmills and he felt Council should know what the windload' were and whether or not the structure would survive with the blades on it and if it would not he felt Council should have a requirement that as part of our hurricane preparation that tnosebe targeted and be inspected to be sure the blades had' ceen taken down. Mr. Miller asked if they did not to address: the issue as a legislative item to determine I they either want to permit or prohicit windmills in the City. Mr. Baughman felt with the energy situation as it' was they should De permitted but the Council had the responsibility to be sure they were safe. Mrs. Thornber suggested the Mayor appoint Mr. Baughman to serve on a committee to look into this. The Mayor said they would see what they could come up with. ESTIMATE FOR SENIOR CITIZENS SHUFFLEBOARD City Manager presented an estimate in the amount of $ 7, 320. 00 for the construction of. a shuffleboard at the Senior C'tizens Building. Monies were set aside for this project in the federal Revenue Sharing Trust Fund totaling. 10, 000. City Crews would perform the work. Mr. Miller moved for approval. Motion seconded by Mr. Bishop and carried unanimously. The Mayor asked the City Manager  5- 25- 82 081 SYLVANIA HEIGHTS FIRE DISTRICT, continued. he were not the District would be caught in a procedural box that they didn' t need which they could make a contract committing to pay future funds for services received today, he could not legally collect the funds. Mr. Franklin mentioned another way of receiving monies through the Fire District, not by millage, that being lot assessment or each piece of property or each property owner would be assessed " X" amount of dollars to pay for the fire protection. Mr. Franklin said he understood the Tax Collector could not collect retroactively. The Attorney said he thought the Tax Collector could, saying he had been through I that issue and he thought the answer was that he could not retroactively assess millage unless there was a specific ordinance which does by its terms pass retroactively. Mrs. Thornber noted they might ultimately decide,' to go with the Ocean City/ Wright Fire Department. The Attorney said the only thing Council could do now and it would have to depend on the willingness of the Tax Collector to work with the City in doing it and either of the alternatives mentioned were to come to terms with the Fire District with an amount and to get their commitment whether they go with the Fire District or whether they go with the Wright- Ocean City District, that they would include whatever amount they commit to pay the City now in their next fiscal year budget and that would be collected by the Tax Collector and paid over to the City when it was collected. The Attorney said it was discretionary with the Tax Collector about whether or not he would work with them in doing that. Mr. Baughm~ n moved that this be referred back to the City Attorney to get the information that he needs for a report hopefully by the next meeting if he could. The Attorney said he would try to see through the Tax Collector if there were anything the City could do to contract with the Sylvania Heights Fire District. It was noted that the fire protection had been extended at this point until Council decided to terminate it. The Attorney concluded that he would come back with a report and would also determine how much legal notice should be given if the service were terminated. RESOLUTION 82- 18 City Attorney read by title Resolution 82- 18: A resolution establishing a special law enforcement trust fund pursuant to Florida Statutes, Section 932. 704( 3)( a); making legislative, findings; and' providing for an effective date. " Mr. Baughman moved for approval; motion seconded by Mr. Bishop and carried unanimously. The City Clerk asked Council if they wished to designate which bank to use for this fund. Mr. Baughman moved for the Sunshine Bank. The City Manager asked if a bank account were needed; asking if it could not just be entered on the books. The Clerk felt a separate fund was needed. The Manager said you could have a separate account but did not need a separate bank account. The Clerk said we could have a separate fund but he thought you would almost have to have a separate bank account. The Mayor asked the Attorney if a separate bank account were needed. The Attorney said he would be glad to look at it more carefully; saying he did not see that there be any requirement I that there be anysepa.r.atebank account but he would look at it more closely. Mr. Baughman withdrew his motion until the Attorney could make a recommendation. RESOLUTION 82- 20 City Attorney read by title, Resolutioni82- 20: A resolution authorizing the City Manager on behalf of the City of Fort W~ lton Beach to execute the attached contract with the Municipal Services fi m of Kelton & Associates, Inc., and the City of Fort Walton Beach, providin the effective date hereof. Mr. Grant moved for approval. Motion seconded by Mr. Mi ler. Mr. Miller asked if each of the municipalities entering into a separate I contract. The Attorney said this contract was for Fort Walton Beach only, for thelCity' s fractional portion. Vote to the motion was aye unanimously. .  5- 25- 82 082 RESOLUTION 82- 21 The City Attorney read Resolution 82- 21 by title: A resolution authorizing the City Manager on behalf of the City of Fort Walton Beach to execute a deed for the sale of land to Northwest Florida . Nan- PrQfit Retirement, Inc., providing the effective date hereof. Mr. Baughman moved for approval. Motion seconded by Mr. Bishop. Mr. Miller asked if the group now had any money to reimburse the City for the money advanced for the inspection of the plans. The City Attorney said they needed to know how much was advanced in additional to the sales price agreement. The Attorney advised the Council that his law firm appeared to be representing the church sponsori ng the project. ' He sai d as far as he knew there was nothing discretionary either on . that individual or the Council IS part but if Council wished, they could have separate Counsel for them and for the City but he felt it would cost more than it would be worth. Council generally agreed there was no need for that. Mr. Miller requested that the reimbursement be placed in the closing statement. The Attorney suggested making that specifically a part of the motion make that a condition of the approval of the delivery of this deed to recover the sale price and the amount that had been advanced, as confirmed by the City' s record. Mr. Baughman included that in his motion. Mr. Bishop agreed. Vote to the motion was aye unanimously. RESOLUTION 82- 23 City Attorney read Resolution 82- 23 by title: A resolution of the City of Fort Walton Beach, Florida determining that certain projects of the Fort Walton Beach RedeveJ.opnent Agency are consistent with the general plans of the City and encouraging the FWB RDA to seek eligibility designation for cqntributions under the Community Improvement Act of 1980, Chapter 80- 249, laws of Florida, and providing the effective date hereof. Mr. Miller moved for approval. Motion seconded by Mr. Franklin. Vote to the motion was