MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY

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					                           MINUTES OF THE REGULAR COUNCIL MEETING
                         OF THE CITY OF FORT WALTON BEACH, FLORIDA
                                              MAY 25, 2010
______________________________________________________________________________
INTRODUCTION
A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, May 25, 2010,
at 6:00 p.m. in the Council Chambers at City Hall, with the following members present:

Mayor Mike Anderson

Councilmen: Mike Holmes, Dennis Reeves, Bobby Nabors, Bill Patterson, and Dick Rynearson

Absent: joyce gossom

Seat 4 Vacant

Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney;
Department Directors and Media

CALL TO ORDER
The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to
address Council to approach the podium after being recognized, then state his or her name and address
for the record.

INVOCATION/PLEDGE OF ALLEGIANCE
Reverend Jerry Jones, Striving for Perfection Ministries gave the Invocation and youth from the church
led in the Pledge of Allegiance.

STUDENT ACE AWARD
The Mayor presented the Student Ace Award to Delice Savedra of Choctawhatchee High School.

FORT WALTON BEACH HIGH SCHOOL BASEBALL TEAM 2010 DISTRICT CHAMPIONS
The Mayor presented certificates to the Fort Walton Beach High School Baseball Team in honor of being
the 2010 District Champions.

PRESENTATIONS
Valerie Wenzel representing the Downtown Merchants Association thanked the City for their support in
the revitalization projects that have taken place downtown.

APPROVAL OF AGENDA
Mr. Reeves moved to approve the agenda as the business of the day. Mr. Patterson seconded
motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in
favor (gossom absent, Seat 4 vacant).
___________________________________________________________________________________

CONSENT AGENDA
Mr. Holmes moved to approve the following Consent Agenda items. Mr. Reeves seconded
motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in
favor (gossom absent, Seat 4 vacant).

APPROVAL OF MINUTES
Minutes of the Regular Council Meeting on May 11, 2010.

FDEP GRANT APPLICATION—GAP CREEK WATERSHED RETENTION POND
To approve submission of an FDEP Grant Application to expand an existing stormwater retention pond in
the Gap Creek watershed area located at 645 Anchors Street NW.
Regular Council                                                                                 5/25/10

FDEP GRANT APPLICATION—GAP CREEK WATERSHED RETENTION POND MODIFICATION
To approve submission of an FDEP Grant Application to modify an existing stormwater retention pond in
the Gap Creek watershed area located at the end of Burnette Avenue NW.

EXPENDITURE OF CEMETERY PERPETUAL CARE FUNDS
To approve funding from the Cemetery Perpetual Care fund to purchase a gas powered maintenance
cart for daily operation of the cemeteries totaling $7,100.00; and install a black vinyl fence around the
perimeter of Brooks Cemetery totaling $9,200.00.

REVISION TO PERSONNEL POLICIES AND REGULATIONS
To approve revisions to Section 17, Personnel Policies and Regulations, to coincide with recently
enacted state law for employees participating in Reserves or National Guard
___________________________________________________________________________________

RES. 2010-15—RENEWED OPPOSITION TO OFFSHORE DRILLING
The Mayor read the resolution by title.

A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA RENEWING ITS OPPOSITION
TO OFFSHORE DRILLING IN SUBMERGED LANDS UNDERLYING THE TERRITORIAL WATERS OF
THE STATE; PROVIDING FOR THE CITY CLERK TO SEND CERTIFIED COPIES OF THE
RESOLUTION TO THE OFFICE OF THE GOVERNOR AND MEMBERS OF THE FLORIDA
LEGISLATURE; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Nabors moved to adopt Res. 2010-15. Mr. Rynearson seconded motion and it carried
unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent,
Seat 4 vacant).

ORD. 1832—REVISES LEGAL DESCRIPTION OF CITY BOUNDARIES
The City Attorney read the ordinance by title on first reading.

A REVISER ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; CORRECTING
LEGAL DESCRIPTIONS IN PREVIOUSLY ADOPTED ORDINANCES AFFECTING THE CITY LIMITS
OF THE CITY; RESOLVING CONFLICTS AND SETTING AN EFFECTIVE DATE.

Michael Beedie, Engineering/Utilities Services Engineer, advised that during the course of compiling
information to revise the legal description of the City limits, eleven discrepancies were discovered that
are in need of correction. Mr. Beedie explained Ord. 1832 will correct minor scrivener’s errors on the
legal descriptions of five parcels, and that two additional ordinances will be brought forward to correct
the remaining discrepancies.

The Mayor opened the public hearing. As there was none, the public hearing was closed.

Mr. Reeves moved to adopt Ord. 1832 on first reading. Mr. Rynearson seconded motion and it
carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom
absent, Seat 4 vacant).

APPOINTMENT—CITY COUNCIL VACANT SEAT 4
The Mayor advised that Dean Covey, Bill Garvie, and Mike Minich are the three individuals nominated by
Council to fill the position for Seat 4.    The Mayor continued that each nominee will be given the
opportunity to speak on their behalf and that voting will be done in alphabetical order. The individual
appointed will be given the Oath of Office by the City Attorney at the conclusion of tonight’s meeting.

The Mayor opened the floor to the nominees to speak on their behalf.
Regular Council                                                                                    5/25/10

APPOINTMENT TO CITY COUNCIL SEAT 4
Dean Covey, 270 Brooks Street SE, stated his fondness for the City and that he would be pleased to
serve if selected by the City Council.

Bill Garvie, 315 Shell Avenue, discussed his resignation from Council to run for State representative and
his desire to be reinstated to the City Council. Mr. Garvie stated he has the time to devote to the Council
and discussed the various committees he served on as a member of Council; that he was elected Mayor
Pro Tem during his term; and that the Council nominated him as a finalist for the Councilman of the Year
Award for the Florida League of Cities.

Mike Minich, 106 Waynel Circle, stated if selected he is ready to serve.

Mr. Rynearson noted the city is privileged to have three good men willing to serve the City.

Mr. Nabors stated he would be privileged to serve with any one of them. Mr. Nabors also stressed his
feeling that being a member of Council should be first priority for those who serve, and if an individual
desires to run for a higher office or position, they should move on and not have the Council position be a
second choice if they are not successful in their endeavor.

The Mayor asked if anyone from the public wished to speak on behalf of a nominee. There were none.

The Mayor called for the vote on the nominees in alphabetical order.

Mr. Covey received no votes.

Mr. Garvie received one vote with Patterson in favor.

Mr. Minich received four votes with Holmes, Reeves, Nabors, and Rynearson in favor.

The Mayor congratulated Mr. Minich on his appointment.

CODE ENFORCEMENT BOARD APPOINTMENT (ALTERNATE)
Appointment of an alternate member to the Code Enforcement Board.

The City Clerk advised there is a vacancy for an alternate position and one application on file.

Mr. Holmes nominated Valerie F. Moreland, 26 Temple Avenue SW, to serve on the Code
Enforcement Board, as an alternate, for a three-year term from May 25, 2010 until May 25, 2013.
As there were no further nominations, the Mayor called for the vote on the nomination and it
carried unanimously with Holmes, Reeves, Nabors, Patterson, and Rynearson in favor (gossom
absent, Seat 4 vacant).

CODE ENFORCEMENT SETTLEMENT—205 & 207 FLORIDA PLACE SE
Settlement Agreement for Liens on Code Enforcement Fines at 205 & 207 Florida Place SE.

Tim Bolduc, Building Official, advised that Joseph Lorenz, the City’s Code Enforcement Attorney, had
contacted him and advised he had another appointment but should arrive by 7 pm, but since he was not
present, Mr. Bolduc requested the two Code Enforcement settlement items be tabled.

Mr. Reeves moved to table Item 14.1, Release of Liens on properties at 205 and 207 Florida Place
SE, and Item 14.2, Release of Lien on property at 651 Powell Drive, until the meeting of June 8,
2010 when the Code Enforcement attorney is present. Mr. Rynearson seconded motion and it
carried by a vote of 4 to 1 with Reeves, Nabors, Patterson, and Rynearson in favor and Holmes
opposed (gossom absent, Seat 4 vacant).
Regular Council                                                                                     5/25/10

CODE ENFORCEMENT SETTLEMENT—651 POWELL DRIVE
Settlement of Code Enforcement Case.

This item was tabled until the meeting of June 8, 2010.

CITY MANAGER REPORTS
The City Manager reported the City is keeping a close eye on the oil spill and will continue to do so and
that a clean up of the beaches and shore line has been done and efforts will continue.

MAYOR/COUNCIL COMMENTS
Mr. Holmes mentioned the Police Memorial Service and the fine job the Police Department did putting it
on. Mr. Holmes also mentioned Ferry Park is getting a lot of use and is being kept in good shape.

Mr. Nabors updated Council on the TDC’s marketing plans due to the oil spill, including policy changes in
an effort to refill the hotels and condos that have had cancellations since the oil spill occurred last month.

Mr. Rynearson mentioned the Police Memorial Service was a dignified ceremony and the Police
Department did a good job bringing it together.

CODE ENFORCEMENT SETTLEMENT—205 & 207 FLORIDA PLACE SE
The Mayor advised that Joseph Lorenz had arrived and received clarification from the City Attorney that
a motion would be needed to remove Items 14.1 and 14.2 from the table for discussion.

Mr. Reeves moved to remove Item 14.1, Release of Liens on properties at 205 and 207 Florida
Place SE, and Item 14.2, Release of Lien on property at 651 Powell Drive, from the table. Mr.
Holmes seconded motion and it carried unanimously with Holmes, Reeves, Nabors, Patterson,
and Rynearson in favor (gossom absent, Seat 4 vacant).

Tim Bolduc, Building Official, presented background information on the code violations that occurred
from 2005 through 2008 on the properties located at 205 and 207 Florida Place SE, which at the time
were owned by Mrs. Jody Godwin. Mr. Bolduc continued that in addition to these properties, Mrs.
Godwin owned three properties (Lots 1, 2, and 7) in Grand Oaks Subdivision in Destin, and that within
the last several years, some if not all of these properties were sold. At the time of each sale, Mr. Bolduc
reported a title search was performed, but the liens were not discovered and the City was not notified.

Mr. Bolduc further informed that after being made aware of the property sales, the City’s Code
Enforcement Attorney, Joseph Lorenz, made contact with the title company to pursue the City’s interest,
who in turn received a settlement request from First American Title Insurance Company offering $5,000
for the release of the liens placed only on Lot 1 in Grand Oaks only. Mr. Bolduc stated that the City
Attorney provided him an e-mail concurring with Mr. Lorenz and recommended acceptance of the
settlement offer of $5,000.

On February 23, 2010, the City Council was presented with a request to settle the lien on Lot 1, Grand
Oaks, at which time Council instructed Staff to have Mr. Lorenz prepare a history of the events on the
case supporting his recommendation for presentation before them at a later date.

Mr. Bolduc reported that on May 6, 2010, Mr. Lorenz received a second settlement offer for Lots 2 and 7
of Grand Oaks, in the amount of $2,500 for each property, for a total of $5,000.00. Therefore, Staff
requests City Council authorization to follow the recommendation of Mr. Lorenz and accept the
settlement offer of $5,000 to release the liens on Lot 1, Grand Oaks, in Destin; and $2,500 each to
release the lien on Lots 2 and 7, Grand Oaks, in Destin, for a total of $10,000.00. However, Mr. Bolduc
noted it is completely up to Council whether or not to accept the offer(s).
Regular Council                                                                                   5/25/10

CODE ENFORCEMENT SETTLEMENT—FLORIDA PLACE (CONT)
Mr. Lorenz explained that after the liens had been placed on the properties, the owner began transferring
lots that she owned in Destin to buyers, and that three of those transactions appear to be insured by title
insurance companies. The decision was to contact these title insurance companies to make a claim, and
that is why there are offers from First American Title Insurance and Westco Title Insurance. Mr. Lorenz
noted the issues involved in litigation including the economic downturn and how it affects residential
foreclosure, and the high cost of foreclosures when title companies are involved.

Mr. Reeves expressed his concern that the offer from the title companies are minimal considering the
amount of the lien in the amount of $240,000 against the owner of the properties. Mr. Reeves stated his
feeling that the presentation by Mr. Lorenz contained a lot of unknowns and feels better clarification
could have been given by Mr. Lorenz.

Mr. Lorenz stated he is only making a recommendation to accept the offer; if Council wants to proceed
with foreclosure he will move forward with the entire amount of the liens, but the litigation would be
expensive and he is providing the ups and downs to this type of litigation. Mr. Lorenz explained the
courts have not been sensitive to the issue of litigation, and noted there is a homestead issue involved.
Mr. Lorenz also stated that in his opinion the statute is not written correctly and is not clear.

Mr. Reeves believes that when this issue was discussed previously, Council had requested a counter-
offer be given to these companies so it could be discussed later, but he did not see any mention of that.
Mr. Lorenz stated he was not aware of any counter-offers that he was to make, and that this is the first
time he has come before Council in regards to these issues.

Mr. Rynearson noted Council discussed the settlement offer at their meeting of February 23, 2010, and
at that time rejected the $5,000 offer and requested a push-back letter be sent to First American Title
stating rejection of the offer, and that Mr. Lorenz be present to discuss the litigation.

The Mayor questioned whether Mr. Lorenz was instructed to send a letter to First American Title. Mr.
Bolduc responded he did not ask Mr. Lorenz to send any letter, that it was his understanding that Council
wanted Mr. Lorenz present to respond to questions to determine whether or not to proceed with litigation.
Mr. Bolduc apologized for his misunderstanding of Council’s request.

Mr. Holmes stated his frustration that at the time of the sale of the properties, a title search was
performed but the liens were not discovered and the City was not notified by the title company, and now
the City is asked to accept an offer well below the amount of the liens.

Mr. Reeves moved to suspend Roberts Rules of Order for the remainder of this issue and during
discussion of Item 14.2. Mr. Holmes seconded motion and it carried unanimously with Holmes,
Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent, Seat 4 vacant).

The Mayor advised Council they can 1) accept the settlement offer, 2) not accept the settlement offer
and present a counteroffer, or 3) not accept the offer at all.

Discussion continued that the settlement offer would not be enough to cover the cost of administrative
fees, construction fees to demolish the buildings on the property, or Mr. Lorenz’s time to attend tonight’s
meeting; and that there is a suggested schedule of mitigation percentages contained in the City’s Code
of Ordinances that can be followed to determine fee and fine amounts to be paid.

Mr. Lorenz emphasized there appears to be three other lots that, to his knowledge, do not have title
insurance, and it is his understanding that Council is only talking about releases on the three lots covered
by the title insurance, and not the other lots, and a decision would have to be made in the future on
whether to pursue collection against the three lots that do not have title insurance. Council confirmed
they were only taking action on the three lots covered by the title insurance.
Regular Council                                                                                  5/25/10

CODE ENFORCEMENT SETTLEMENT—FLORIDA PLACE (CONT)
The Mayor asked for public input. There was none.

Mr. Nabors moved to direct Staff to work with Mr. Lorenz to prepare a counter offer based on the
mitigation schedule contained in the City’s Code of Ordinances for the properties located at 205
and 207 Florida Place SE. Mr. Reeves seconded motion and it carried unanimously with Holmes,
Reeves, Nabors, Patterson, and Rynearson in favor (gossom absent, Seat 4 vacant).

CODE ENFORCEMENT SETTLEMENT—651 POWELL DRIVE NE
Settlement Agreement for Liens on Code Enforcement Fines at 651 Powell Drive NE.

Mr. Bolduc presented background of the case, stating that in November of 2007 a house fire destroyed a
majority of the single family home at 651 Powell Drive leaving it uninhabitable. The property owner was
unable to continue to reside in the home and over the following months she and her children worked with
the insurance company to resolve the issue of whether to raze the structure or rebuild it. Mr. Bolduc
continued that after a series of courtesy notices and re-inspections of the property, the Code
Enforcement Board issued an Order I in February of 2009. On March 13, 2009, an administrative fee of
$325.00 was imposed and fines in the amount of $250.00 per day began accruing, and on September
24, 2009, a letter of intent to foreclose was sent by the Code Enforcement Board to Mr. Lorenz.

Mr. Bolduc reported that in February 2010 the structure was removed and the remaining violations were
removed; however a total of $650.00 in administrative fees and $83,250.00 in fines had accrued. The
son and the caregiver of the property owner provided a letter requesting the City settle the fees and fines
for a total of $1,650.00, and Mr. Bolduc informed that Mr. Lorenz recommends acceptance of the offer,
citing reasons of homestead exemption and owner competence.

Discussion included that the property is in compliance at this time; however, equipment remains on the
property that could result in another code enforcement case, but that has not transpired at this time.

The Mayor asked for public input. There was none.

Mr. Nabors moved to reject the offer of $1,650.00 and to table discussion until sometime in the future.
Mr. Rynearson moved a friendly amendment to an open-ended date no later than 60 days, or the Council
meeting of June 22, 2010. Mr. Nabors stated he would not accept the friendly amendment.

The City Manager advised he would update and provide additional information to Council at their June
22 meeting.

The City Attorney advised a motion is still needed whether to accept or reject the offer. The City
Manager questioned why a motion was needed since the item is being continued to June 22, when he
provides additional information and Council will be in a better position to accept, reject, or amend the
offer.

The City Attorney advised the original motion is to table the discussion and that is what needs to be
voted on.

Mr. Nabors moved to table the discussion. Motion died for lack of a second.

Mr. Reeves moved to continue the item until the Council meeting of June 22, 2010. Mr. Patterson
seconded motion and it carried by a vote of 4 to 1 with Reeves, Nabors, Patterson, and
Rynearson in favor and Holmes opposed (gossom absent, Seat 4 vacant).
Regular Council                                                                          5/25/10

MAYOR/COUNCIL COMMENTS (CONT)
The Mayor stated he also attended the Police Memorial; he attended a Broadway Concert in the
Auditorium; received good reviews on the Golf Club from members of a golf tournament that was held
there; the Friends of the Museum volunteers received an award; he attended the Air Force Special
Operations Awards Ceremony at Hurlburt; announced Billy Bowlegs will be arriving on June 3;
announced the Museum’s Last Scourge of the Gulf summer exhibit; and reminded everyone of the
Special Council Meeting on budget policies on June 1 at 5 pm.

INSTALLATION
The City Attorney conducted the Oath of Office for Mike Minich, Seat 4.

ADJOURNMENT
There being no further business, the meeting adjourned at 7:45 pm.


                                                   APPROVED: __________________________


                                                   MAYOR: _____________________________




ATTEST:

___________________________________
CITY CLERK




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Completed: 5/28/10

				
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