Fort Walton Beach Council agenda — 11-27-2007 regular agenda — reading text

has already done it and it has been approved by Council, and then it is going back rehashing and beating dead horses in an inordinate amount of time. He believed Mr. Minich has grounds for concerti. Dr. Pullen stated he offered to pay for the copies and the offer stands. He had asked for the information under the State law where he would pay for the copies and the City Manager changed it to a Council request.  Regular Council 11- 13- 07 210 DISCUSSION OF COUNCIL REQUEST cont. Dr. Pullen was questioned on his findings and what the information gave him that he did not have before. Dr. Pullen replied his request was made as a private citizen according to the Public Records Act, Chapter 119 Florida Statutes, and no reason is required. He said Florida Government in the Sunshine Law provides the right of access to governmental proceedings which includes all records with a few exceptions, and an elected member of government does not give up their rights as a private citizen. He explained the reason he requested the records was to better understand the due process of the City government. He went over the process followed on the flag pole approval and began reading emails that were included in the information he received. The Mayor asked Dr. Pullen to come to the conclusion of his landowner that did not go back before the Municipal findings. Dr. Pullen continued reading emails and his conclusion that what came forward to Council was an ordinance written the by for the attorney Planning Board, there was no proper notification and public input. He said his questions are what is the responsibility of staff and the Charter Officers, were the proper procedures followed, and is the ordinance legal. private o The Mayor suggested the next step to Dr. Pullen is to formalize those questions to staff to receive a response. Dr. Pullen expressed his question is whether it was legal because it did not go back to the Municipal Planning Board. The City Attorney said the flag pole issue was a very long process and to her recollection they went to the Municipal Planning Board twice and in her opinion it is perfectly legal or she would not have let it come to Council to be read twice and passed. The Mayor brought up Dr. Pullen' s request for communications received or sent to the Mayor from October 20 to November 1, 2007 and was curious about the reason for the request. Dr. Pullen replied there was a reason and he addressed it in a request for information to Mr. Wiltsie along those same lines which he has not received yet. The Mayor stated that a blanket request for information is a waste of his time and a waste of staff time. Dr. c Pullen replied he will be more specific and the Mayor will receive an email on it shortly. Mr. Holmes brought up Dr. Pullen' s recent personnel request about a City employee and questioned if that was starting to cross the line on getting into personnel issues since the reason for the request is unlmown. The Mayor brought up another recent request made by Dr. PulIen asking for notes from staff meetings, Charter Officer meetings and weekly status meetings with the Finance Director for 10 and 17 and July the questioned reason for those specific dates. Dr. Pullen replied rather than going to the meetings he would ask to see what took place, they were random meetings and he wanted to see what is going on in the City. The Mayor then mentioned the request for his notes by Dr. PulIen because he heard he was questioning people, collecting affidavits and possibly audio tapes. The Mayor stated he is at City Hall regularly and people stop by to see him with or without appointments and talk about everything, and he does not take notes. The Mayor was unsure where Dr. Pullen got the idea that he was questioning people, making audio tapes and taking affidavits because Council said there would not be an investigation of anything that is going on but the email implied that he is perfonning an investigation and he is absolutely not. Dr. Pullen thanked the Mayor for answering one of his questions and he would withdraw his request. o Mr. Minich moved to censure Dr. Pullen for violating the Protocol guide. Mr. Holmes seconded motion. In response to the question on how the protocol guide was violated, Mr. Minich responded it is for asking staff to do an inordinate amount of time for nothing. Discussion ensued on what is considered unreasonable and how the 25 hours of staff time was determined. The City Manager explained each staff member directed to prepare that particular request wrote down the number of hours spent on that and she believed that is a particular project c very conservative estimate on the amount of time. Discussion continued with an exchange of views on what is reasonable and unreasonable on requests for information. The Mayor called for the vote on the motion to censure Dr. Pullen for violating the Protocol guide and it carried by a vote of 4 to 3 with Holmes, Reeves, Minich, and the Mayor in favor and Miller, Garvie and Pullen opposed (Hartwell absent).  Regular Council 11- 13- 07 1 RECESS 2' 1'1 The me'eting recessed at 9: 10 p.m. RECONVENE The meeting reconvened at 9: 20 p.m. GENERAL EMPLOYEES Dis9ussion regarding General Employees Pension Fund. o Mr;Miller requested a review on what Fiduciary entails and what a Directed Brokerage Agreement means. The Finance Director recalled one of her recommendations was to make sure that aU the people who work with the Fund, especially the Investment Advisor, would be considered a Fiduciary or ha~ the clause in the contract. She believed Council made a motion that the Pension Attomey should look at that, ~e is reviewing that; and has provided a letter to Council dated October 29th and he will be present Qn November 27th to discuss the issue. She said a financial director definition of a fiduciary means you have a higher level. o'f ethical responsibility for I'1 truth and tness to the fund. She then 'explained a Directed Brokerage Agreement is when any investment corre<? i house requires that you route your trades through their desk. f Mr. Miller wished to !mow the time table to get the results of the peer review of the. Actuary. The Human I Resource Director replied based on the low quote of $9, 200 received that a purchase order can be issued to have it accomplished. Dr. Pullen wished to mow who the primary contact is for the pension fund, and the City Manager advised that the Plan Administrator of record is the Finance Director. The "City Manager further explained that as the City Manager is also the Chief Executive Officer of the City, she also receives correspondence. c- Mr. Minich commented that Mr. Miller' s request is again dancing close to the edge of what the Charter provides them to do; he is directing the City Manager on who is to presentinformation. He said if Council has a request Jor information they should direct them to the City Manager who will then decide on who will provide that information. RES. 07- 27: DOT LANDSCAPE GRANT PROGRAM The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AUTHORIZING JOINT PARTICIPATION IN THE FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE GRANT PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; AUTHORIZING THE CITY MANAGER TO WPLEMENT THE PROGRAM; AUTHORIZING A FUTURE BUDGET AMENDMENT IF NECESSARY; AND SETTING AN EFFECTNE DATE. John Guerin, City Engineer, explained the' City has been approved for a $ 250, 000 grant from the Florida Department of Transportation Roadside Beautification and there is no requirement for a City match. He went over the five specific areas targeted for landscape and irrigation work. He noted the only stipulation attached to 1 the grant is that the projects have to be completed by January 1, 2009. j I