~ Draft Minutes ~ City of Fort Walton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, March 25, 2014 6:00 PM 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 CALL TO ORDER 6:00 PM Meeting was called to order on March 25, 2014 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. Attendee Name Title Status Arrived Mike Anderson Mayor Absent Bobby Griggs Council Seat 1 Present 5:35 PM joyce gossom Council Seat 2 Present 5:33 PM John Mead Council Seat 3 Present 5:34 PM Amy Jamieson Council Seat 5 Present 5:35 PM Bull Rigdon Council Seat 6 Present 5:35 PM Dick Rynearson Council Seat 7 Present 5:36 PM Mike Holmes Council Seat 4 Present 5:35 PM Mayor Anderson was out of town. Mayor Pro Tem Bobby Griggs chaired the meeting. The Mayor Pro Tem congratulated new Councilmember Mike Holmes, who was given the Oath before the meeting. INVOCATION Invocation by Pastor Greg Hill of Westwood Baptist Church Assistant Pastor Floyd Yoder from Westwood Baptist Church led in the Invocation. PLEDGE OF ALLEGIANCE Mr. Holmes led in the Pledge of Allegiance. PROCLAMATIONS Boys & Girls Club Week RECOGNITIONS City Council of Fort Walton Beach Page 1 Printed 3/27/2014
ACE Award - CHS - Adrien Lindner Synopsis: (Executive Assistant) 3-25-14 ACE CHS - Lindner (PUB) The Mayor Pro Tem presented the Student ACE Award to Adrien Linder of Choctawhatchee High School. ACE Award - FWBHS - Bailey Harkins Synopsis: (Executive Assistant) 3-25-14 ACE FWBHS - Harkins (PUB) The Mayor Pro tem presented the Student ACE Award to Bailey Harkins of Fort Walton Beach High School. PRESENTATIONS APPROVAL OF AGENDA Approval of Agenda Synopsis: (Executive Assistant) Ms. Jamieson moved to approve the agenda as presented. Mr. Rigdon seconded motion and it carried unanimously. RESULT: APPROVED [UNANIMOUS] MOVER: Amy Jamieson, Council Seat 5 SECONDER: Bull Rigdon, Council Seat 6 CONSENT AGENDA Mr. Rynearson moved to approve the Consent Agenda. Mr. Rigdon seconded motion and it carried unanimously. Minutes Approval 1. Tuesday, March 11, 2014 2. Friday, March 14, 2014 Formal Adoption of Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 2013 Synopsis: (Executive Assistant) Recommends formal City Council adoption of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2013 as presented to City Council on March 11, City Council of Fort Walton Beach Page 2 Printed 3/27/2014
2014. 3-11-14 FY13 FWB CAFR (PDF) RESULT: APPROVED [UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bull Rigdon, Council Seat 6 PUBLIC COMMENTS QUASI JUDICIAL HEARINGS RESOLUTIONS ORDINANCES-FIRST READING ORDINANCES-SECOND READING 1887 Amends LDC to Add Supplemental Use Standards to Certain Uses in the DDOD AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 2, ZONING DISTRICTS AND USES, AND CHAPTER 5, ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS, OF THE LAND DEVELOPMENT CODE TO ADD SUPPLEMENTAL STANDARDS FOR ADULT ORIENTED BUSINESSES, TATTOO PARLORS, PAWN SHOPS, NON-CHARTERED FINANCIAL INSTITUTIONS, AND FORTUNE-TELLING BUSINESSES WITHIN THE DOWNTOWN DESIGN OVERLAY DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Synopsis: (Engineering and Utilities Services Director) Amends the Land Development Code to add tattoo parlors, pawn shops, adult-oriented businesses, fortune tellers, and non-chartered financial institutions as supplemental uses in the MX-1 and MX-2 zoning districts in order to add a 1,500-foot distance separation requirement within the Downtown Design Overlay District. 2.03.02 Table of Uses - Amended (DOCX) Map 1 - Businesses Currently Located within DDOD (PDF) Map 2 - Existing Adult-Oriented Businesses (PDF) Map 3 - Existing Tattoo Businesses (PDF) APA Brief on Regulating Contentious Issues (PDF) Other Cities - Table of Examples (DOCX) City Council of Fort Walton Beach Page 3 Printed 3/27/2014
The City Attorney read Ord. 1887 on second reading. Tim Bolduc, Engineering/Utilities Services Director, explained that during discussion of the ordinance on first reading on March 11, 2014, Council agreed not to allow adult oriented uses from the Downtown Design Overlay District (DDOD), thereby eliminating the language from Section 5.04.26 of the ordinance. Mr. Bolduc stated Section 5.04.26 now reads 'Within the Downtown Design Overlay District, no adult-oriented use may be allowed.' Jeff Bullard, downtown business owner, received clarification that the language change does not affect the tattoo parlors/body piercing studios, non-chartered financial institutions, pawnshops, or fortune tellers/psychics, and that businesses in existence prior to May 1, 2012 are exempted. Ms. Jamieson moved to adopt Ord. 1887 on second reading. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Amy Jamieson, Council Seat 5 SECONDER: Dick Rynearson, Council Seat 7 1892 Amends COO to Establish Business and Entertainment District AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, AMENDING CHAPTER 7, LEISURE AND RECREATION SERVICES, CHAPTER 8, LICENSES AND BUSINESS REGULATIONS, AND CHAPTER 9, OFFENSES, OF THE CODE OF ORDINANCES TO ESTABLISH A BUSINESS AND ENTERTAINMENT DISTRICT, PROVIDING FOR INTERNAL CONSISTENCY; AND PROVIDING AN EFFECTIVE DATE. Synopsis: (Engineering and Utilities Services Director) Ordinance 1892 establishes a Business and Entertainment District in Downtown Fort Walton Beach in order to address noise limits, alcohol sales and consumption, street vendors, and temporary road closures during specified hours. Properties Included in Downtown District (PDF) Downtown Business & Entertainment District Boundaries (PDF) 01-22-14 Workshop Minutes (PDF) 01-22-14 Workshop PowerPoint Presentation (PDF) Noise Level Monitoring Sheet August 2011 (XLS) Public Comment Received (PDF) The City Attorney read Ord. 1892 on second reading. Tim Bolduc, Engineering/Utilities Services Director, explained that during first reading of the ordinance on March 11, 2014, several changes were made including the following: Sec. 8.09.02, District Hours were changed to a beginning time of 4 pm on Thursdays and Fridays; Sec. 8.09.06 Temporary Road Closures was changed to add language ensuring the requirement for an approved traffic management plan; Sec. 5 was changed to accommodate the necessary finding language regarding alcohol as required in Florida Statute chapter 562.45; and Section 6, the Effective Date was changed to May 1, 2014. City Council of Fort Walton Beach Page 4 Printed 3/27/2014
Mr. Bolduc presented an engineering plan for the closure of Brooks Street during special events, and read the language of Sec. 8.09.06 Temporary Road Closures as follows:...'an application must be submitted on a form provided by the city along with an approved Maintenance of traffic plan which insures access to all properties along the closed section of the road.' Mr. Bolduc continued that Staff has continued discussion with the downtown population and has worked with the City's police officers to make them aware of the new rules and regulations. Stacy Dawn, Brooks Street resident, suggested that penalties be added to help cover costs incurred for responding to complaints to the City Police and Fire Departments to those who do not comply with the ordinance. Ms. Dawn also discussed the noise portion of the ordinance, suggesting changes to hours in the section regarding property with adjacent residential, and suggested that sound level measurements be taken 100 feet from the source of the sound or 5 feet from the property line of the property where the noise is generated, whichever is more restrictive. Ms. Dawn also suggested Council vote no on the ordinance and have it amended before it is voted into law. Chris James, Brooks Street resident, asked Council to think before approving the ordinance as it could depreciate adjacent properties as the sound from businesses is loud. Bobby Nabors, Fort Walton Beach, stated that not voting on the ordinance this evening could slow down the process, and reminded it could be refined over time and this is a good first step. The City Attorney advised that if major changes or language was added to the ordinance, it would have to be brought back for two additional readings. He also noted the ordinance if approved as is could always be amended in the future. Council discussion included that the ordinance be approved this evening as written and it can be refined as it goes along and encouraged residents/businesses to keep Council informed of any issues that may arise, and to consider suggestions at a future date. Mr. Mead moved to adopt Ord. 1892 on second reading. Mr. Rigdon seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: John Mead, Council Seat 3 SECONDER: Bull Rigdon, Council Seat 6 APPOINTMENTS Mayor Pro Tem Appointment City Council shall appoint a Council Member as Mayor Pro Tem beginning April 1, 2014 through March 31, 2015. Mr. Rigdon nominated Dr. gossom to serve as Mayor Pro Tem from April 1, 2014 through March 31, 2015. There were no further nominations. City Council of Fort Walton Beach Page 5 Printed 3/27/2014
The vote on the nomination of Dr. gossom to serve as Mayor Pro Tem from April 1, 2014 through March 31, 2015 carried by a vote of 6 to 1 with gossom opposed. RESULT: APPROVED [6 TO 1] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, Mead, Jamieson, Rigdon, Rynearson, Holmes NAYS: joyce gossom Code Enforcement Board Appointments Recommends City Council appointment of two regular members and one alternate member to fill vacancies on the Code Enforcement Board. CEB - Acree Application (PDF) CEB - Avery Application (PDF) CEB - Bridwell Application (PDF) CEB - Robinson Application (PDF) CEB - Trenary Application (PDF) The City Manager advised there are three vacancies on the Code Enforcement Board, two vacancies are for regular appointments and one vacancy is for an alternate appointment. He further advised there are five applications for the three vacancies, and suggested voting for each on an individual basis. The City Clerk advised the terms are for three years, beginning March 25, 2014 through September 30, 2014; then for three years from October 1, 2014 through September 30, 2017 in accordance with the Land Development Code. The applicants are Tracy Acree, William Avery, Michael Bridwell, and Bill Robinson. Sharon Trenary is currently an alternate on the Board and has stated her desire to be appointed a regular member. Mr. Mead nominated Tracy Avery for a regular member appointment. Dr. gossom nominated Sharon Trenary for a regular member appointment. Mr. Rynearson nominated Bill Robinson for the alternate position. Mr. Holmes nominated Mr. Bridwell for a regular member appointment. Mr. Rynearson re-nominated Bill Robinson for a regular member appointment. There were no further nominations. It was noted some of the applicants were present if Council wanted to hear from them. Mr. Acree discussed his background and experience in construction and his knowledge, that he has been in the business for 30 years, and he is familiar with the code enforcement process. City Council of Fort Walton Beach Page 6 Printed 3/27/2014
Mr. Bridwell stated he does residential contract repairs and maintenance for residences, businesses, and churches, and is familiar with the code enforcement process. Mr. Robinson stated he has no code enforcement experience but would like to volunteer for the community. Ms. Trenary was not present. Mr. Mead disclosed that Mr. Acree is a client and a friend of the family, and after conferring with the City Attorney, was advised there is no professional conflict and he can vote in the matter. The City Attorney confirmed he could find no reasons for Mr. Mead not to vote. Mr. Mead gave his support for Mr. Acree. The City Manager suggested votes be taken with a show of hands. The vote on the nomination of Tracy Acree as a regular member carried unanimously with Griggs, gossom, Mead, Holmes, Jamieson, Rigdon, and Rynearson in favor. The vote on the nomination of Michael Bridwell as a regular member carried by five votes with Griggs, Holmes, Jamieson, Rigdon, and Rynearson voting. The vote on the nomination of Bill Robinson as a regular member carried by four votes with gossom, Griggs, Holmes, and Rynearson voting. The vote on the nomination of Sharon Trenary as a regular member carried by two votes with gossom and Jamieson voting. The City Attorney stated that based on the results, Mr. Acree and Mr. Bridwell have been appointed to the Code Enforcement Board, as regular members, for three-year terms. The City Attorney asked for a vote on nominations for the alternate position. Mr. Rynearson nominated Bill Robinson for the alternate position and the vote carried unanimously with Griggs, gossom, Mead, Holmes, Jamieson, Rigdon, and Rynearson in favor. ACTION-DIRECTION-DISCUSSION Request for Code Enforcement Fine Waiver at 6 Bay Drive NE Synopsis: (Code Enforcement Officer) The property owner of 6 Bay Drive NE has requested to negotiate a release of liens for existing Code Enforcement fines on the property. 6 Bay Drive NE Case History Report (PDF) 6 Bay Drive NE Lien Total (PDF) Tim Bolduc, Engineering/Utilities Services Director, presented a background of the Code Enforcement case at 6 Bay Drive NE, dating back to 2009, and that Staff has spent a lot of time on this case. Mr. Bolduc informed the lien amount of $90,750.00 has been reduced to $31,762.50 City Council of Fort Walton Beach Page 7 Printed 3/27/2014
in accordance with the city's mitigation schedule, with $650.00 in administrative fees, and this is what Staff is recommending. Council was advised the property was found in compliance in October of 2010 and remains in compliance today. Anna Nguyen, 6 Bay Drive, the property owner, stated she did not understand the processes that needed to be followed and did not realize that the fines had accrued. Ms. Nguyen reported she paid for the inspections and the Certificate of Occupancy and had been residing in the home for three years before she was made aware of the fines. The City Attorney advised that fines stop after the property comes into compliance but the fines that have accumulated remains, and that any reduction in fines is the purview of the Council. A friend of Ms. Nguyen's spoke on her behalf, noting the language barrier and that she is afraid she will lose her home and asked Council to support her request. Upon questioning, Council was advised that all of the notifications for code enforcement were properly posted and signed for, and that Staff met with Ms. Nguyen many times and did everything to help get her through the process. Dr. gossom moved that Council authorize the Mayor to execute a Release of Lien for the property located at 6 Bay Drive NE within three days of the property owner paying the recommended mitigated amount of $31,762.50 with the administrative fees of $650.00 as outlined in the City's Code of Ordinances. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: joyce gossom, Council Seat 2 SECONDER: Dick Rynearson, Council Seat 7 CITY MANAGER REPORTS Discussion to Schedule Strategic Planning Workshops Synopsis: (Executive Assistant) Based on the March 14, 2014 Strategic Planning Session with City Council, it is necessary to schedule future workshops in April and May to discuss specific projects and programs to coincide with the four initiatives formulated at the Session. The first Strategic Planning Workshop to summarize the four initiatives and discuss overall goals shall be scheduled for Tuesday, April 15, 2014 at 5:00 p.m. in the City Council Chambers. The City Manager advised at the March 14, 2014 Strategic Workshop, he discussed the possibility of having additional workshops to discuss major goals and how to achieve them. After discussion, consensus of Council was to hold a workshop on Tuesday, April 22, 2014, at 4 pm, before the regular meeting at 6 pm. City Council of Fort Walton Beach Page 8 Printed 3/27/2014
The City Manager also discussed the need for a special meeting to review the Charter. Consensus of Council was to hold a special meeting on Tuesday, May 13, 2014, at 4 pm, before the regular meeting at 6 pm. CITY ATTORNEY REPORTS MAYOR/COUNCIL COMMENTS Dr. gossom questioned the release of liens process and what happens after Council approves the lien release. The City Manager advised that the release of lien is sent to be recorded three days after the City receives payment and if no payment is received the lien remains. The City Manager advised that a status of liens can be provided to Council via email. Mr. Mead thanked Staff for their efforts on preparing the ordinance for the downtown entertainment district. Mr. Rigdon addressed Dr. gossom regarding the veterans homeless program and reminded that there is a difference between the homeless and vagrants. Dr. gossom stated she doesn't know how Opportunity Inc differentiates for the program but individuals must present a VA Medical Card or a DD 214 card. Mr. Rigdon also congratulated Mr. Holmes on being appointed to Council, and to Dr. gossom for being appointed Mayor Pro Tem for the coming year. Mr. Rynearson advised that the TPO will be hosting a workshop on April 1 at the Chamber of Commerce at 5:30 pm regarding information on the bridge issue and encouraged residents to attend. Committee Update - West Florida Regional Planning Council Council Member Griggs will update City Council on the March 17, 2014 West Florida Regional Planning Council meeting. Mr. Griggs advised the WFRPC sent an application to extend the loan program for the brownfields, the annual conference of the WFRPC will be held in Pensacola on May 5-6, and they are requesting a representative from DOT to attend their next meeting. Mr. Griggs also advised he has spoken with the City Manager about the possibility of having an event on New Year's Eve similar to Pensacola's pelican drop. The City Manager stated such an event would bolster the City and be an attraction to the area, and that Staff will begin gathering information for the next CRA meeting. City Council of Fort Walton Beach Page 9 Printed 3/27/2014
Committee Update - Opportunity, Inc. Council Member gossom will update City Council on the March 24, 2014 Opportunity, Inc. (Continuum of Care) meeting. Dr. gossom reported that Opportunity Inc is holding open enrollment for their homeless veterans reintegration program on March 31, 2014 from 9 am to 3:30 pm at 144 Mary Esther Blvd, #16. The individual needs to bring their VA Medical Card or their DD 214 Card. Also, Opportunity Inc received a $5,000 grant for elders in Okaloosa and Walton County for safety and medical devices. Dr. gossom advised she will present to Council next month the numbers on homeless or those in shelters in Okaloosa and Walton counties. Committee Update - Economic Development Council Council Member gossom will update City Council on the March 20, 2014 Economic Development Council meeting. Dr. gossom reported the EDC held a strategic planning workshop recently and identified strategies as well as what has been done in the county. Committee Update - Okaloosa Housing Partners Council Member Jamieson will update City Council on the March 20, 2014 Okaloosa Housing Partners Committee meeting. Ms. Jamieson advised that OHP is receiving additional grants for housing assistance and a lot of applications are being submitted for housing. 5. Motion to Rynearson--Fresh Start Board Invitation COMMENTS - Current Meeting: Mr. Rynearson advised he received an invitation from the Fresh Start Organization to be on their Board of Directors as a representative of the City council. Mr. Rynearson stated he would like to accept but wanted the approval of Council. Ms. Jamieson moved that Mr. Rynearson be the City Council representative on the Board of Directors for the Fresh Start Organization. Dr. gossom seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: joyce gossom, Council Seat 2 ADJOURNMENT: 7:36 pm City Council of Fort Walton Beach Page 10 Printed 3/27/2014