Fort Walton Beach Council agenda — 12-20-2007 special agenda — reading text

NUMBERS; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO REPORT COMPLIANCE WITH SECTION 119. 071 ( 5) OF THE FLORIDA STATUTES; AND SETTING AN EFFECTIVE DATE. The City Manager advised State Statute requires the City to identify the purposes of collection of social security numbers, and that these reasons be given to the individuals whose numbers are being requested. These purposes include employment purposes, such as verification and background checks; public safety purposes for documentation for victims, witnesses, or employment candidate; information technology associated with police officer' s user ID for software on laptops and the Crimes Management Software; and business taxes if the individual does not have a federal tax identification number. The City Manager noted the City' s policies were amended and social security numbers are no longer used on evaluations for employees, their employee 10 number is used, or for individuals applying for a new water/ sewer account. The City Manager noted this resolution has been drafted and outlines these purposes" and asked for Council support of the resolution. The Mayor asked for public input. J. D. Taylor, 210 Gilmore Court, encouraged the City to be cautious on how they collect social security numbers from individuals/volunteers, such as coaches, etc., who are in public places and among a larg-e amount of people. Mr. Miller moved to adopt Res. 08- 06. Mr. Reeves seconded motion and it, carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RATIFY COUNCIL ACTION OF DECEMBER 20. 2007 Ratification of Council action' at the Emergency Meeting held on December 20, 2007. Mr. Miller expressed his concern regarding the legalities of the Emergency Meeting held on December 20, 2007, to discuss the withdrawal of funds from the SBA Account. He advised he has looked in the Florida Statutes and that he cannot find a definition for emergency meetings, and that the Statute referenced a procedure for adoption of ordinances and resolutions. Mr. Miller' further advised the City Charter discusses special and regular meetings but does not J .., define emergency meetings. Mr. Miller stated since this meeting was held after the original meeting that was published was cancelled, Council needs to ratify their actions of December 20, 2007. The City Attorney advised she drafted an e- mail to the City Manager stating it was her opinion that the City Council has the governmental, corporate and proprietary powers to conduct municipal government, perform municipal functions and render services. The meeting that was called was an emergency meeting and it was addressed at that time. The City Attorney informed that meetings cannot be cancelled if it seems like a quorum will not ,be present; the meetings must be held because notice has been given and the public has the right to be there. d Regular Council 1/ 22/ 08 RATIFICATION OF COUNCIL ACTION ( CONT) The City Attorney further advised that Council is curing any public notice issues right now because it is being discussed, it is open for public debate and deliberation, and Council has the power to do that. The Mayor questioned the City Attorney whether her opinion to the City Manager in her e- mail of January 16, 2008, in the backup which states that consideration of public input and ratification of action taken on December 20, 2007, regarding withdrawal funds from the SBA account, is something Council mi~ ht consider. The City Attorney stated he was correct, and advised the action taken on the 20t was by motion, not by resolution or ordinance; therefore, an equal action would ratify it which is another motion simply saying that Council ratifies their actions. Mr. Miller moved for consideration of public input and ratification of action taken on December 20, 2007, regarding withdrawal of funds from the SBA account. Mr. Minich seconded motion. Mr. Minich stated the City Clerk was notified by two councilmembers on December 20th that they when the meeting may not be in attendance for the special meeting that was noticed. However, was called as an emergency meeting, everyone that was in town at that time attended. Mr. Minich stressed that Council has a duty to come to if meetings they are available, and that four people are needed for a quorum. He noted there still would have been a quorum if the two individuals had not shown up. Mr. Hartwell asked the City Attorney if he should vote for the ratification since he was not present for the discussion. The City Attorney advised that the way the motion is framed he could vote because this is a motion on the current action before the Council. Discussion ensued to whether the City Clerk had a written request of the Mayor, City as Manager, or three member of the Council as is noted in Section 5 of the City Charter for special meetings. The Mayor advised that requests of that sort are for special meetings, and this was an emergency meeting. He advised emergency' meetings are held during hurricanes and they are not publiclyannounced but they are held because of the urgency of the situation. The Mayor stated the special meeting was noted, and the City Clerk stated she had a written request from the City Manager for the special meeting. Mr. Minich called for the question on the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. The City Manager suggested emergency meetings be part of the upcoming Charter Review. BEAUTIFICATIONITREE BOARD APPOINTMENT Consideration of appointment to the Beautification CommitteelTree Board. Mr. Minich nominated Kathryn L. Krueger, 14 First Street SW, Fort Walton Beach, to serve on the Beautification CommitteelTree Board for an unexpired term until January 12, 2011. The Mayor called for the vote on the nomination and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. HOUSING AUTHORITY BOARD APPOINTMENT Consideration of Mayor' s appointment to the Fort Walton Beach Housing Authority.