Fort Walton Beach Council minutes — 11-28-06 regular minutes — reading text

123 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA NOVEMBER 28, 2006 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, held on Tuesday, was November 28, 2006, at 7: 00 p. m. in the Council Chambers at City Hall, with the members present: following r Mayor Mike Anderson Councilmen: Mike Holmes, William Patterson, Bob Jim Hartwell, and Mike Minich Campbell, Jim Tucker, Dr. Wayne Pullen, w Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, 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 wished to address Council to anyone who approach the podium after being recognized, then state his or her name and address for the record. INVOCATION AND PLEDGE Pastor Larry Carter, Fishers of Men, gave the Invocation and led in the Pledge of Allegiance. STUDENT ACE AWARDS The Mayor presented the Student ACE Awards to School and Sara Bagby of Fort Walton Beach Emily Reynolds of Choctawhatchee High High School. CONSENT AGENDA Mr. Patterson moved to approve the following Consent Agenda items. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of November 14, 2006, and the Regular Council Meeting of November 14, 2006. PLAYGROUND EQUIPMENT- LIZA JACKSON PARK AND GARNIERS BEACH PARK To waive the formal bid process and award contract for playground Park and Garniers Beach Park to J. A. equipment for Liza Jackson Dawson Company, in the amount of $ 49, 047. 26 piggybacking on the bid of the City of Jacksonville, Florida. PURCHASE OF POLICE VEHICLES- ORVILLE BECKFORD FORD To purchase ( 5) five police pursuit vehicles utilizing the Florida State Contract, from Orville Beckford Ford of Milton, FL in the amount of $99, 545. 00, including options. GRANT FROM TARGET STORE- EARLY CHILDHOOD READING PROGRAM Approve request to accept a Target Store Grant in the amount of $ 1, 500, for an Early Childhood Reading program at the City' s Library entitled Joust Read. TEMPORARY EASEMENT- GIBSON PROPERTIES Accept a Grant of Temporary Easement between Gibson Walton Beach regarding the Properties, Inc. and the City of Fort proposed walkway to provide an accessible route from the parking lot on Ferry Road to the Library. City 124 Regular Council 11/ 28/ 06 MAINTENANCE AGREEMENT- 268 VENTURA CIRCLE NW Approve request to approve and execute the maintenance Walton agreement between the City of Fort Beach and Mr. Cyrus and Mrs. Adelaide Harris, of 268 Ventura Circle NW. The executed agreement shall release the City from all liability for block/brick fence along the south repairing or replacing a proposed concrete property line due to maintenance and repair of an eight ( 8) inch PVC gravity sewer main, which lies in a existing twenty ( 20) foot utility easement on the west property line. i DISASTER TRANSPORATION SERVICES- OKALOOSA Approve a motor vehicle lease agreement for disaster of Fort Walton Beach and Okaloosa Beach the use of one 65- seat COUNTY SCHOOL BOARD transportation services between the City County School board to provide the of Fort City Walton capacity school bus, at a cost of $60. 00 a day plus $ 1. 20 per mile, the City to provide driver, in order to J.. provide emergency evacuation assistance to approved shelters for approximately 60 families/ individuals unable to provide their own transportation to emergency shelters in the event of a category 4 or 5 storm event. NW FLORIDA FAIRGROUNDS OPERATIONS PLAN. DECEMBER 2006 Approve request to amend the 2006 Operations Plan of the Northwest Florida Fair to add a Musical Festival on December 16, Association 2006. PUBLIC HEARING- ORD. 1712. WRECKER OPERATIONS AND SERVICES The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 11. 12, WRECKER OPERATIONS AND SERVICES, TO ADD IMMOBILIZATION (" BOOTING") AS A REGULATED WRECKER SERVICE ON PRIVATE PROPERTY; AUTHORIZING FEE FOR SUCH SERVICE TO BE SET BY RESOLUTION OF THE COUNCIL; REPEALING CONFLICTING PROVISIONS; AND SETTING AN EFFECTIVE DATE. Ted Litschauer, Police Chief, explained that the practice of " booting," a towing and technique, was not regulated by the wrecker ordinance previously recovery adopted by the City, nor is it regulated by the County' s wrecker ordinance. The Police Chief advised the wrecker ordinance has been modified to include " booting," and upon positive Council action will be added to the fee schedule. Discussion ensued as to whether the practice of booting causes damage to custom rims. The Police Chief stated he is not aware of any damage to vehicles, and that there has not been complaints regarding damage due to the use of this practice. any The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Campbell moved to adopt Ord. 1712 on first reading. Dr. Pullen seconded motion. Mr. Holmes announced a conflict of interest as he works for a wrecker from the vote. company and will abstain The City Attorney clarified that this ordinance puts the companies who than towing a vehicle, into the same practice booting, rather scenario as the wrecker service trucks, and that have to be proved between these contracts companies and the private property owners. Mr. Minich stated his feeling that the original ordinance was overly restrictive for towing companies and he will vote against this ordinance.  125 Regular Council 11/28/ 06 ORD. 1712 ( CONT) The Mayor called for the vote on the motion and it carried Patterson, Campbell, Tucker, Pullen, and by a vote of 5 to 1 with Hartwell in favor and Minich abstained). opposed ( Holmes REGULAR AGENDA- GENERAL PUBLIC Sam Kinkaid, future resident of Villa de Mare Condominiums, expressed her concerns the narrow width of the road and the lack of parking spaces for visitors of regarding residents of the condominium. Ms. Kincaid stated City staff measured the road who advised it was " pretty close" to the plans, but not what the plans depicted. Ms. Kinkaid stated that Council had the w- opportunity to make right the road that was not put in