~ Final Minutes ~ City of Fort Walton Beach Regular Meeting of the City Council of Fort Walton Beach Tuesday, January 22, 2013 6:00 PM 107 Miracle Strip Parkway Fort Walton Beach, FL 32548 CALL TO ORDER 6:00 PM Meeting was called to order on January 22, 2013 at Council Chamber, 107 Miracle Strip Parkway, Fort Walton Beach, FL. INVOCATION Invocation Attendee Name Title Status Arrived Mike Anderson Mayor Present Bobby Griggs Council Seat 1 Present joyce gossom Council Seat 2 Present Trey Goodwin Council Seat 4 Present Bobby Nabors Council Seat 5 Present Bull Rigdon Council Seat 6 Present Dick Rynearson Council Seat 7 Present Synopsis: (City Clerk) Pastor Mickey Hawkins of Cinco Baptist Church will lead in the Invocation. Pastor Michael Thorne of Abundant Life Church led in the Invocation. PLEDGE OF ALLEGIANCE Boy Scout Troop 528 led in the Pledge of Allegiance. PROCLAMATIONS None. RECOGNITIONS ACE Award - CHS - Brittany Brown Synopsis: (Executive Assistant) City Council of Fort Walton Beach Page 1 Printed 1/28/2013
1-22-13 ACE Award CHS - Brittany Brown (PDF) The Mayor presented the Student Ace Award to Brittany Brown of Choctawhatchee High School. ACE Award - FWBHS - Chelsea Lynn Grant Synopsis: (Executive Assistant) 1-22-13 ACE Award FWBHS - Chelsea Lynn Grant (PDF) The Mayor presented the Student Ace Award to Chelsea Grant of Fort Walton Beach High School. PRESENTATIONS Presentation of Quarterly Pension Reports Synopsis: (City Manager) Mr. Joe Bogdahn will make a brief presentation to City Council related to the quarterly performance of the General Employees Pension Fund. 1-22-13 Pension Report (PDF) Peter Brown of the Bogdahn Group, representing Joe Bogdahn, presented the fourth quarter performance of the General Employees Pension Fund. APPROVAL OF AGENDA Approval of Agenda Synopsis: (Executive Assistant) 2. Motion to Amend Agenda COMMENTS - Current Meeting: Mr. Nabors requested that Item 14.1, Discussion of the Development Agreement Application for the Landmark Center, be moved to after the Consent Agenda. Mr. Rynearson moved to approve the agenda, as amended. Mr. Nabors seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Dick Rynearson, Council Seat 7 SECONDER: Bobby Nabors, Council Seat 5 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson CONSENT AGENDA Mr. Nabors moved to approve the Consent Agenda. Mr. Rynearson seconded motion and it carried unanimously. City Council of Fort Walton Beach Page 2 Printed 1/28/2013
RESULT: ADOPTED [UNANIMOUS] MOVER: Bobby Nabors, Council Seat 5 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson Approval of Minutes Synopsis: (City Clerk) Approval of Minutes from the City Council Meeting of January 8, 2013. 1-8-13 CC Council Minutes (DOC) Memorandum Of Understanding with the United States Marshals Service Synopsis: (Police Chief) Requests approval of a Memorandum Of Understanding (MOU) with the United States Marshals Service and authorization for the Police Chief to execute the agreement. USMS MOU Obligation Document (PDF) Amendment to the State Housing Initiatives Program (SHIP) Annual Report for FY 2009-10 through FY 2011-12 Synopsis: (City Manager) Amends the FY 2009-10 through FY 2011-12 SHIP Annual Reports to reflect an extension provided by the Florida Housing Finance Corporation. OCDC Amended SHIP Annual Reports for FY 09/10-11/12 (PDF) Award of ITB 13-008 for the Paving of Denton Boulevard as Part of the Pump Station No. 1 Force Main Synopsis: (City Manager) Staff requests authorization to award ITB 13-008 for paving Denton Boulevard for the Pump Station No. 1 sanitary sewer force main in the amount of $326,750.00. ITB 13-008 Bid Tabulation (PDF) ITB 13-008 Bid Document Summary (PDF) ITB 13-008 Legal Ad (PDF) LANDMARK CENTER DISCUSSION Case # 12-10-DA Consideration of a Development Agreement Application for Landmark Center Synopsis: (Engineering and Utilities Services Director) Consideration of a Development Agreement for the Landmark Center Project submitted by Ft. Walton Development Partners, LLC. This is the first public hearing for this application, and the item is Quasi Judicial. Quasi Judicial Procedures (RTF) Landmark Center Presentation by Applicant (PDF) City Council of Fort Walton Beach Page 3 Printed 1/28/2013
Proposed Development Agreement for Landmark Center (12-24-12) (PDF) Staff Technical Review of Proposed Development Agreement (DOC) Landmark Center Proposed Lease Area (PDF) City Drawing of Exhibit A - Information Only (PDF) City Drawing of Exhibit B - Information Only (PDF) City Drawing of Exhibit C - Information Only (PDF) Landmark Center Development Agreement Application (PDF) Memorandum of Agreement - Executed 08-10-2007 (PDF) Landmark Center Development Order - Approved 08-10-2007 (PDF) HAAS Center TIF Analysis for Landmark Center (PDF) Approved Landmark Center Site Plan - 04-13-07 (PDF) Landmark Center Conditional Use Permit - Approved 09-02-10 (PDF) City Council Minutes 08-10-2007 (PDF) The City Attorney announced a quasi-judicial proceeding and advised that Florida Statute 163.3225 provides two public hearings on quasi-judicial issues and that tonight is the first public hearing. He advised it is his recommendation for Council not to make any motions for approval or disapproval as that can be done at a subsequent meeting. The City Attorney also discussed questions that have been asked regarding family members of council members being involved in the project and those council members being able to vote on the issue. The City Attorney advised that Mr. Goodwin has no family members involved and can vote on the issue, and although Mr. Nabors and his mother own property downtown he can vote on the issue. The City Attorney gave the oath to those who planned to testify and asked for any ex-parte communication by Council. Mr. Rynearson advised he had a meeting with Lord & Son on December 3, 2012, regarding the project, but has had no communications since that time. Mr. Rigdon advised Mr. Lord of Lord & Son Construction came to his office but he could not remember the date. Mr. Griggs advised he received an e-mail on December 18, 2012 from Tom Wilson, which he submitted to the City clerk, and received a phone call on January 15, 2013 from Doug Pike of the CRA Ad-Hoc Committee. The Mayor stated he has had no conversation with anyone connected with the Landmark project. Dr. gossom advised she had a voice message from Doug Pike of the CRA Ad-Hoc Committee which she did not return; he called again and she listened to his concerns. The City Attorney verified none of these conversations would impact an opinion by Council. Steve Christopher, representing Landmark Development, presented a powerpoint and discussed the project's highlights; location; CRA strategy and successes CRA's in Florida; available funding sources; benefits from the Landmark; and the financial impact of the Landmark Center in the City of Fort Walton Beach. City Council of Fort Walton Beach Page 4 Printed 1/28/2013
Mr. Christopher submitted for the record a revised version of a proposed development agreement for Staff to review. Tim Bolduc, Engineering/Utilities Services Director, presented background information on the project since 2007 when the Development Order was originally approved and reviewed the Staff Report, including the five conditions required to be met as part of the development approval. Mr. Bolduc advised that after a complete review of the submitted Development Agreement and all related documents, Staff finds that the Development Agreement is not consistent with the conditions of the approved Development Order and that the proposed Development Agreement requires the City to pledge CRA revenue that may or may not be available at times required in the Development Agreement. Therefore, Staff is recommending that Council not approve the proposed Development Agreement with Ft. Walton Development Partners, LLC as submitted. Steve Christopher of Landmark Development stated this is a significant project for Fort Walton Beach and is requesting they be allowed to meet with Staff to negotiate and work out an agreement. The Mayor asked if there were any public comments. Chris Gibson, 249 Brooks Street SE, expressed concern about possible increased traffic congestion; the type of jobs the project will create; and the possibility of the CRA not having the funding for the project. Taxi Tom, urban camper, stated additional parking downtown is not a necessity and does not see a need for the City to pay for parking spaces. Charlene Greenwald, Jet Drive, spoke against the project saying the parking currently downtown is underutilized and the City does not need a parking garage. Ben Merrill, local business owner, spoke in favor of the project stating additional parking is needed and for Staff to negotiate with the developers. Marty Colburn, downtown business owner, spoke in favor of the project. Jonathan Sansom, Shannon Court, spoke in favor of the project and stated the City needs to encourage progress and growth. Charles Noonan, Destin resident, stated he is in the hotel business and stressed the importance of the parking garage to ensure the success of the hotel. The public comments were closed. The City Manager reiterated this is the first public hearing on the issue and if Council desires to move forward Staff would need some direction. The second public hearing would occur on February 12 if Council moves forward. Mr. Nabors noted the revised development agreement and that Staff needs the opportunity to review it to determine if an agreement can be negotiated before the next meeting. City Council of Fort Walton Beach Page 5 Printed 1/28/2013
Mr. Nabors moved to allow Staff to review the revised development agreement to determine if an agreement can be negotiated with the developers before the February 12 meeting. Mr. Goodwin seconded the motion. Mr. Rigdon stated the need for Council to make a firm decision at the February 12 meeting to either move forward or not move forward as the issue has been discussed long enough. Mr. Rynearson also encouraged Staff to come with a best and final decision at the next meeting after they have had the chance to review the revised agreement. The Mayor called for the vote on the motion and it carried unanimously. Recess and Reconvene The meeting recessed at 7:46 pm and reconvened at 8:00 pm. PUBLIC COMMENTS There were no public comments. RESOLUTIONS 2013-3 - Acceptance of Assistance to Firefighters Grant A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR FIRE EQUIPMENT; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE Synopsis: (Budget and Grants Manager) Accepts a $508,400 grant from the Federal Assistance to Firefighters Grant Program for the purchase of a compressor/cascade/fill station, alerting system, and source capture exhaust systems. FEMA Firefighters Grant Award (PDF) Ken Perkins, Fire Chief, advised the City has been awarded the grant in the amount of $508,400 with a $25,520 City match, and will be used for a new cascade system at Station 7 to refill SCBA bottles; upgrading the alerting system at Station 6 and 7; and new source capture exhaust system for apparatus. Chief Perkins recognized Firefighter Crystal Adams for her efforts in procuring the grant. Mr. Rigdon moved to adopt Res. 2013-3. Mr. Nabors seconded motion and it carried unanimously. City Council of Fort Walton Beach Page 6 Printed 1/28/2013
RESULT: ADOPTED [UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Bobby Nabors, Council Seat 5 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson 2013-4 - Accepting Justice Assistance Grant Funding A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR TRAFFIC HOMICIDE EQUIPMENT ACQUISITION; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION OF ACCEPTANCE; AUTHORIZING A BUDGET AMENDMENT; AND SETTING AN EFFECTIVE DATE. Synopsis: (Police Chief) Accepts $5,564 in grant funding from the Justice Assistance Grant for the purchase of equipment used in the investigation of traffic homicides. JAG Certificate of Acceptance 2152 (PDF) JAG Notice of Award 2152 (PDF) JAG Subgrant Award Certificate 2152 (PDF) JAG Grant Application 2152 (PDF) The City Manager advised the City has been awarded a grant in the amount of $5,564.00, with no City matching funds required, which will be used for the purchase of laser mapping and speed detection devices for use by the Traffic Homicide Unit. Mr. Rigdon moved to adopt Res. 2013-4. Mr. Griggs seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: Bull Rigdon, Council Seat 6 SECONDER: Bobby Griggs, Council Seat 1 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson 2013-5 - Support for Pension Reform A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS, AND SETTING AN EFFECTIVE DATE. Synopsis: (Executive Assistant) At the direction of Council, this Resolution has been prepared to be forwarded to the Governor, Florida Legislature and the Florida League of Cities. The City Manager informed that at the last meeting Council directed Staff to draft a resolution supporting Police Officer and Firefighter Pension Reform in the 2014 Legislative Session. The City Manager continued that Staff reviewed the short and long version templates provided by the Florida League of Cities and determined the short version was appropriate for the City. City Council of Fort Walton Beach Page 7 Printed 1/28/2013
Resolution 2013-5 has been drafted and if adopted will be sent to the Governor, the Florida Legislature, and the Florida League of Cities. Dr. gossom moved to adopt Res. 2013-5. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS] MOVER: joyce gossom, Council Seat 2 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Goodwin, Nabors, Rigdon, Rynearson ORDINANCES -- FIRST READING There were no ordinances for first reading. ORDINANCES -- SECOND READING There were no ordinances for second reading. APPOINTMENTS Appointment to Fill Council Seat 3 Vacancy Synopsis: (City Manager) City Council shall appoint one of the two nominees to fill the vacancy for City Council Seat 3. The two nominees are Mr. Michael Holmes and Mr. John Mead. The appointment will run through March 31, 2013. Charter-Section 4B (PDF) Nomination Letter-Holmes (PDF) Nomination Letter-Mead (PDF) 12-11-12 CC Minutes (PDF) 01-08-13 CC Minutes (PDF) The City Manager advised the two candidates for Seat 3, Michael Holmes and John Mead, will be appointed by a majority vote by the Council and will be sworn in at the conclusion of tonight's meeting, with their first official meeting on February 12. The appointment will be to fill the Seat 3 vacancy until March 31, 2013. During the election of March 12, 2013, an individual will be elected to Seat 3 for a two year term beginning April 1, 2013 through March 3, 3015. Mr. Rigdon discussed the City Charter relating to vacancies and appointments by the City Council. The Mayor asked if the two nominees would like to speak. Michael Holmes thanked the Council for the nomination and support and would work for the best of the City. City Council of Fort Walton Beach Page 8 Printed 1/28/2013
John Mead stated that both nominees are running for Seat 3 in the upcoming election and expressed concern that the person appointed this evening could be seen as being endorsed by the Council. Mr. Mead was informed this concern was addressed at the last meeting and Council was advised by the City Attorney that there is no legal barrier and the appointment is the decision of Council. Mr. Mead also stated he was honored to be considered for the vacancy and if appointed will serve to the best of his abilities. 2. Motion to Mike Holmes Vote COMMENTS - Current Meeting: The Mayor asked for the vote on the appointment of Michael Holmes with Dr. gossom, Mr. Rigdon, and Mr. Rynearson in favor. RESULT: DEFEATED [3 TO 0] AYES: joyce gossom, Bull Rigdon, Dick Rynearson ABSTAIN: Bobby Griggs, Trey Goodwin, Bobby Nabors 3. Motion to John Mead Vote COMMENTS - Current Meeting: The Mayor asked for the vote on the appointment of Mr. Mead with Mr. Griggs, Dr. gossom, Mr. Goodwin, and Mr. Nabors in favor. The Mayor announced John Mead as the appointee to Seat 3. RESULT: ADOPTED [4 TO 0] AYES: Bobby Griggs, joyce gossom, Trey Goodwin, Bobby Nabors ABSTAIN: Bull Rigdon, Dick Rynearson ACTION--DIRECTION--DISCUSSION CITY MANAGER REPORTS Request for CRA Board Meeting Synopsis: (City Manager) The City Manager respectfully requests the scheduling of a CRA Board Meeting to discuss a revised interlocal agreement for the Sound Side development as requested by HUD and to appoint CRA Officers for 2013. A suggested date would be Tuesday, February 12, 2013 at 5:00 pm. The City Manager requested a meeting of the CRA Board on February 12 at 5 pm to discuss the Interlocal Agreement for Soundside. Officers will be elected at that time as well. CITY ATTORNEY REPORTS None. MAYOR/COUNCIL COMMENTS City Council of Fort Walton Beach Page 9 Printed 1/28/2013
The Mayor thanked Mayor Pro Tem Rynearson for conducting the January 8 Council meeting. The Mayor stated that the Florida Great Northwest is encouraging more jobs in manufacturing, and that he attended a transportation symposium. Th Mayor informed he received a request from the new CEO of Fort Walton Beach Medical Center for the facility to become a trauma center and that a letter from all municipalities is being requested. The Mayor stated that unless there were any objections from Council, he would sign the letter on behalf of the City. The Mayor also announced the Okaloosa County League of Cities (OCLOC) will have two cities represented in the RESTORE Advisory Committee and asked for a representative if the City is selected as one of the cities. Mr. Nabors stated he has worked on the RESTORE Act and is interested and would like to serve as the City representative. Consensus was for Mr. Nabors to serve as the City representative in the RESTORE Advisory Committee if the City is chosen. Charlene Greenwald, Jet Drive, stated her opposition to an elected official being appointed to the RESTORE Advisory Committee. The Mayor informed Ms. Greenwald that the appointment is at the request of the OCLOC. The Mayor also announced the City of Crestview will be holding a Government in the Sunshine Seminar on March 8. ADJOURNMENT: 8:27 pm City Council of Fort Walton Beach Page 10 Printed 1/28/2013