Fort Walton Beach Council minutes — 08-11-09 regular minutes — reading text

Animal Control does not allow individuals to bring dangerous dogs into Okaloosa County from other locations. Regular Council Meeting 08 -11 -09 DANGEROUS DOGS ( CONT) Ms. Thompson advised the County is looking at possibly strengthening the animal ordinance, and that it is not breed specific on what types of dog is considered a dangerous dog. The Mayor requested that the City Manager advise Council of any changes PAWS may make regarding this subject. ORD. 1804, AMENDS PURCHASING POLICIES The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDNG AUTHORITY; AMENDING SECTION 4.01. 025 OF THE CODE OF ORDINANCES TO PERMIT CONTINUING CONTRACTS; AND SETTING AN EFFECTIVE DATE. Michael Beedie, City Engineer, advised the reason for this change is to allow the City to issue an RFQ to enter into a contract with a consultant. Mr. Beedie explained that Florida Statutes allow for continuing contracts for professional services that would allow the City to bypass the competitive negotiations requirements for studies and construction projects that are less than a certain dollar threshold.He continued that currently, the City's Purchasing Policies state that public advertisement and competition is required for city purchases in excess of $ 20,000.00, and in order for the City to match the Florida Statues for the Consultants' Competitive Negotiations Act (CCNA), the purchasing policies need to be amended by ordinance. Mr. Beedie explained the professional services contract would allow the City to eliminate the RFP process for studies less than $ 200, 000 and construction projects less than $ 2 million, as required by the CCNA, and would eliminate a total of three to four months from project timelines. Discussion ensued that special projects may still need to go through the RFP process if the firm under contract does not have the expertise to do the job. The City Attorney clarified that the RFP will actually state all projects so that the City is getting the firm that handles those types of projects, and there are three firms that may be under a continuing contract for the City to consider. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1804 on first reading. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. ORD. 1805, AMENDS SECTION 2 OF THE CITY CODE The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, DELEGATING AUTHORITY TO THE CITY MANAGER TO SETTLE CERTAIN TYPES OF CLAIMS, FOR AND AGAINST THE CITY OF FORT WALTON BEACH; SETTING MONETARY LIMITS ON SUCH AUTHORITY; AND SETTING AN EFFECTIVE DATE. The City Manager explained that small, routine claims below the $ 25, 000 limit have been paid by the City if Staff deemed it was a valid claim, and although this practice has been ongoing, there has been no delegation by the Council to the City Manager to settle these routine claims. He advised this ordinance will give him the authority to settle claims against the City up to 20, 000, and to report all such settlements to Council on a monthly basis. 2'60 Regular Council Meeting 08 -11 -09 ORD. 1805 ( CONT) Clarification was given that the City Manager has the authority to make purchases of up to 20,000 without Council action in the Purchasing Policies and Procedures for such events as emergency repairs, etc. The Mayor opened the public hearing. There was none. Mr. Garvie moved to adopt Ord. 1805 on first reading. Mr. Holmes seconded motion. Council stated that the monthly reports are a good idea and will include the amount of fines that have been paid. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. The Mayor cautioned that Council needs to be careful and not dictate to Staff how to do their job. ORD. 1802, UTILITY SYSTEM REVENUE BONDS The City Attorney read the ordinance by title. AN ORDINANCE AMENDING ORDINANCE 1633 OF THE CITY IN CONNECTION WITH ITS UTILITY SYSTEM REVENUE BONDS, SERIES 2005; APPROVING THE TREATMENT OF SEWAGE BY OKALOOSA COUNTY; MAKING CERTAIN FINDINGS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE 2005 BONDS; AND PROVIDING AN EFFECTIVE DATE. John Hofstad, Utility Services Director, advised that the completion of the Wastewater Interlocal Agreement required significant work by the City's Bond Counsel and Bond Insurer, and that both entities have given their concurrence and the document has been deemed legally sufficient. The Mayor opened the public hearing. There was none. Mr. Patterson moved to adopt Ord. 1802 on second reading. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Mr. Nabors left the meeting at 7: 34 pm. BOARD OF ADJUSTMENT APPOINTMENT Consideration of appointment to the Board of Adjustment. Mr. Reeves nominated Robert Hudgens, 256 Ventura Circle NW, Fort Walton Beach, to serve on the Board of Adjustment for a four -year term from August 11, 2009 until August 11, 2013. As there were no further nominations, the Mayor called for the vote on the nomination and it carried unanimously with Holmes, Miller, Reeves, Garvie, Patterson, and Rynearson in favor (Nabors absent). CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment to the Code Enforcement Board.  26:1 Regular Council Meeting 08 -11 -09 CODE ENFORCEMENT BOARD APPOINTMENT ( CONT) Mr. Reeves nominated Jeffrey Pendleton, 11 Higdon Court, Fort Walton Beach, to serve on the Code Enforcement Board for a three -year term from August 11, 2009 until August 11, 2012. As there were no further nominations, the Mayor called for the vote on the nomination and it carried unanimously with Holmes, Miller, Reeves, Garvie, Patterson, and Rynearson in favor (Nabors absent). Mr. Nabors returned to the meeting at 7:36 pm. ACCEPTANCE OF CDBG -R PROJECT RECOMMENDATIONS Tim Bolduc, Building Official, advised that through the American Recovery and Reinvestment Act ( ARRA) of 2009, the City is eligible to receive $ 38,366. 00 additional dollars for the CDBG program to fund appropriate projects. During the Citizens Advisory Committee ( CAC) meeting on June 29, 2009, the CAC recommended using the ARRA funds to construct a multi -use path from Hollywood Blvd. to First Street SW. Mr. Bolduc explainedthat because the City will receive the ARRA funding, the FY 2008 -09 Annual Action Plan must be revised to include carryover money from previous years. Upon receipt of the ARRA funding, a budget amendment would be required to include additional funding, which would be placed in the appropriate revenue accounts in the CDBG fund and the expenditure accounts for the administration and construction of the Robinwood Drive Multi -Use Path would be set up. Mr. Bolduc advised the CAC recommended acceptance of the amended 2008 -2009 Annual Action Plan which included the reallocation of the carryover funds and the use of funds through the ARRA to construct a multi -use path from Hollywood Blvd. to First Street. Discussion included that two different administrative fees are used for the CDBG -R Program and the typical CDBG program, and both will be administered by the City. Mr. Miller moved to approve the Revised FY 2008 -09 CDBG Annual Action Plan as recommended by the CAC at their August 3, 2009 meeting, to include the reallocation of carry over funds and the use of funds through the American Recovery and Reinvestment Act (ARRA) of 2009 to construct the Robinwood Drive Multi -Use Path between Hollywood Blvd. and First Street SW. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. Council stated their pleasure on the emphasis of the CAC' s involvement and that it gives credibility to the process. ACCEPTANCE OF CDBG FY 2009 -10 ACTION PLAN Mr. Bolduc discussed the 2009 -10 CDBG Annual Action Plan and explained that the City advertised for applications to request CDBG funding. He advised the CAC has recommended 35, 000 for World Changers; $ 20,000 for the Chester Pruitt Center Youth Enrichment Program; 15, 000 for the Greg Chapel Daycare for playground fencing; and $ 6,000 for S4P Synergy for an emergency disaster distribution location natural gas generator. Mr. Bolduc stated this leaves $ 37,776. 80 available for capital improvements, and that 28,444.20 was included for program administration, bringing the total fiscal year 2009 -10 CDBG funding to $ 142, 221. 00. 262 Regular Council Meeting 08 -11 -09 CDBG ACTION PLAN ( CONT) Discussion included project funding allocations and any monies that cannot be used to fund their projects will be remain with the CDBG and the action plan will be revised later in the year, and that the CDC has always provided $ 15,000 additional funding for World Changers but will not be able to this year, leaving funding for World Changers at $ 35,000. Further discussion included the $ 6, 000 being funded to S4P Synergy for their emergency generator, and whether the CAC was aware of the importance of this project. Mr. Bolduc responded the CAC is a recommending committee and if Council wanted to move funds from one project to another that was certainly in their purview. The Mayor opened the public hearing. There was none. Mr. Garvie moved to accept the FY 2009 -10 Annual Action Plan to include the removal of 6,500 from the Infrastructure Improvements to the emergency generator requested by S4P Synergy, Inc. Motion died for lack of a second. Mr. Nabors moved to accept the FY 2009 -10 CDBG Annual Action Plan as presented. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. RFP 09 -119, PLAYGROUND EQUIPMENT FOR CHESTER PRUITT PARK Jeff Peters, Recreation Director, advised Staff is recommending approval for the design and installation of playground equipment at Chester Pruitt Park to Playmore Recreational Products and Services. The Mayor opened the public hearing. There was none. Mr. Holmes moved to award RFP 09 -119, Design and Installation of Playground Equipment for Chester Pruitt Park, to Playmore Recreational Products and Services, for a total cost of $49,528.61. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Nabors, Patterson, and Rynearson in favor. APPOINTMENT OF BOGDAHN CONSULTING SERVICES -THIRD PARTY ADMINISTRATOR Brandy Wunker, Finance Director, advised that on May 5, 2009, the City Council directed Staff to proceed with the issuance of a Request for Proposal ( RFP) in an effort to secure the services of a third -party administrator for the proposed defined contribution plan. Following the receipt of five responses to the RFP,