Fort Walton Beach Council minutes — 02-12-13 regular — reading text

APPROVED 15 TO 01 MOVER: Trey Goodwin, Council Seat 4 SECONDER: joyce gossom, Council Seat 2 AYES: gossom, Goodwin, Nabors, Rigdon, Rynearson ABSTAIN: Bobby Griggs, John Mead Recess The meeting recessed at 8: 21 pm and reconvened at 8: 34 pm. Award of RFQ 13 -007 for Real Estate Broker Services The City Manager informed that in October Council authorized Staff to move forward with hiring an independent Property Manager to evaluate existing City -owned facilities, properties, and leases to provide recommendations to address revenue generation opportunities. He advised that an RFQ was issued and one proposal from NBI Properties, Inc. of Fort Walton Beach was received. An evaluation committee reviewed the proposal and determined that NBI Properties met the requirements of the RFQ. Discussion ensued regarding the fact that several area realtors were unaware that an RFQ had been issued and could not respond to it. The City Manager advised that the City did the proper advertising and notified the Emerald Coast of Realtors to post, which they did not. The Finance Director advised that if the City were to request another RFQ, it would cause an unfair advantage to the realtors since the proposal for NBI would be public knowledge. Cary Council oJ'Fort Walton Beach Page 7 Printed 2/ 142013  Minutes 12, 2013 Mr. Nabors advised he would abstain from the vote since NBI Properties is associated with a family member. Mr. Rigdon moved for City Council to authorize the City Manager and City Attorney to negotiate and execute a contract with NBI Properties, Inc of Fort Walton Beach for Real Estate Broker Services; also, for City council to authorize the City Manager to initiate the evaluation of the available properties from the proposed recreation consolidation and other properties deemed ready for sale or lease at the rates negotiated in the contract. Mr. G_ri s seconde_d motion -and it carried unanimously m _ with Nabors abstained. RESULT: APPROVED [ 6 TO 01 MOVER: Bull Rigdon, Council Seat 6 SECONDER: Bobby Griggs, Council Seat 1 AYES: Griggs, gossom, Mead, Goodwin, Rigdon, Rynearson ABSTAIN: Bobby Nabors Consideration of Brownfields Designation and Assessment for Sotir Property Stella Jones, City Planner, advised the City -owned property located at Sotir Street NW and Bayou Woods Drive NW has been funded for a Phase H Environmental Site Assessment by the US EPA through the West Florida Regional Planning Council' s Brownfields Assessment grant program. As part of the grant, the City must designate the property as a Brownfields area via a resolution, which would require two public hearings. If Council decides to move forward with the assessment and designation of the site, the resolution bearing dates to designate the property as a Brownfield would be February 26, 2013, and March 12, 2013, both at 6 pm. Dr. gossom moved that City Council approve the US EPAIWFRPC assessment grant valued at approximately $ 120, 000 for the City owned property on Sotir Street NW and Bayou Woods Drive NW and to authorize the City Manager to sign the Site Access Agreement. Also, to authorize Staff to draft a resolution to designate the property as a Brownfields area and for the Mayor to formally announce that the resolution designating the property as a Brownfield will be discussed at two public hearings held at 6 pm on February 26, 2013 and March 12, 2013. Mr. Rigdon seconded motion and it carried unanimously. RESULT: APPROVED [ UNANIMOUS] MOVER: Joyce gossom, Council Seat 2 SECONDER: Bull Rigdon, Council Seat 6 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson Second Amendment to Interlocal Agreement for Sound Side Development The City Manager presented the background of the Interlocal Agreement with the Fort Walton Beach Housing Authority ( FWBHA) and Sound Side Apartments signed in June of 2010, and the First Amendment to the Interlocal Agreement signed in September 2010. The City Manager advised that HUD has requested revisions to the First Amendment and they have been incorporated into the Second Amendment. Also, HUD is requiring a Subordination Agreement to allow the City to place a subordinate loan and lien on the Sound Side property, and a surplus Cash Note stating the City' s loan will be repaid using surplus cash from the development. City Counei/ ov`Fo, l W It . Beach Page 8  159 Regular Meeting Minutes February 12, 2013 The City Manager continued that the maturity date of the mortgage has been revised to July 1, 2054 for a payback period of 40 years. The City Manager advised that the CRA Board of Commissioners recommended Council approval at their meeting earlier this evening. Steve Holcomb of Home Corp thanked the City and the CRA with help on this development and advised construction should begin by March 15, 2013. Mr. Rigdon moved Council authorization for the CRA Chairperson and Mayor to execute the Second Amendment to the Interlocal Agreement with the FWBHA and Sound Side Apartments, LLC for the Sound Side Apartment development and any accompanying documents associated with the Interlocal Agreement, including the Subordination Agreement. Mr. Rynearson Seconded motion and it carried unanimously. RESULT: APPROVED [ UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Mead, Goodwin, Nabors, Rigdon, Rynearson CITY MANAGER REPORTS None, CITY ATTORNEY REPORTS None. MAYOR/ COUNCIL COMMENTS Mr. Rigdon informed the Fort Walton Beach Cheerleaders placed first in the national cheerleading competition. The Mayor suggested the team be contacted to make arrangements to receive recognition for their accomplishments. The Mayor advised he attended the Community Solutions Meeting on January 29; attended a Legislative Delegation Meeting and a meeting of the Transportation Symposium. ADJOURNMENT: 8: 57 pm 2, a13 Approved: eau Mayor: Attes : City Clerk Page 9 Printed 2114, 2013 00 Council o( Forl Walton Beach 160  FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF HUMID. COUNCIL COMMISSION. AUTHORITY, OR COMMITTEE MAILING ADDRESS THE BOARD COUNCIL, COMMISSION. AUTHORIOR TY COMMITTEE ON WHICH I SERVE IS A UNITOF: C.60 IY COUNTY LIM OCOUNTY NAME OF POLITICAL SUBDIVISION: O OTHER LOCAL AGENCY FORT, WAL,TON BEACH OKALOOSA DATE ON WHICH VOTE OCCURRED MY POSITION IS'. ECTINE U APPOINTIVE 12 FEBRUARY WHO MUST FILE FORM 86 This form is for use by any person serving at the county, cM, or other local level of government on an appointed or elected board, council, commission, authority, or Committee. It applies equally to members of advisory and non advisory bodies who are presented with a voting conflict of interest under Section 112. 3143, Flonda Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112. 3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal ( other than a government agency) by whom he or she is retained ( including the parent Organization or Subsidiary of a Corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the Special private gain or loss of a business associate. Commissioners of Community redevelopment agencies under SEC. 163.356 or 163. 357, F. S., and offers of Independent special tax districts elected on a one -acre, one -vote basis am not prohibited from voting in that capacity. For purposes of this law, a' relative" includes only the officeYS father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A " business associate ",means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or Corporate shareholder (where the shares of the corporation am not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict : PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you am abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by Completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations