Fort Walton Beach Council agenda — 12-09-08 regular agenda — reading text

up. She said if they were looking at those independently, they might be able to change those by ordinance, again, because they have not been re- adopted since they were initially adopted in 1953 and they would be items that would have been changed into an ordinance whenever the Home Rule Power Statute came in; however, because they have the language that the Finance Director works under supervision and control of the City Manager, that brings in the issue of the Charter Officer role of the Finance Director as well. She said if Council wants to move forward on changing the Charter regarding the Finance Director and those finance procedures, she would ask for authorization to get a review by the Florida Attorney General to see if her conclusions are right. She explained the main reason is because of the interplay of the language in the finance procedures and the Charter Officer role. The City Attorney mentioned on section 60, Elections, she did not find any conflicts with Florida Statutes. She said the question was raised whether or not Council could change the qualifying fee and that is set by ordinance, not set by the Charter, so Council can change that if they choose to and the only limit is they cannot go over $ 50. 00 because the Charter does say up to $ 50. 00. The City Attorney said the issue on the canvassing board and when it meets would require a referendum>,: The City Attorney requested direction on changing sections 53, 21, 22, and 23. 471~ The Mayor opened the floor for public input. No one wished to speak. Mr. Hartwell moved to authorize the City Attorney to seek an opinion from the Florida Attorney General' s office regarding amendments to Section 53, 21, 22, and 23 of the City Charter and report to Council. Mr. Garvie seconded motion. Council questioned the time frame and cost. The City Attorney estimated her fee at approximately 250. 00 for 2 ~ hours to draft the request to the Attorney General which would be done before mid- December and the Attorney General opinions are usually put out within 30-45 days. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, 'and Minich in favor and Miller opposed. RESCIND CENSURE OF COUNCIL MEMBER PULLEN Discussion regarding a request to rescind the censure of Council Member Pullen to permit him to talk to the Finance Director. Mr. Miller moved to rescind the censure of Council member Pullen to permit him to talk to the Finance Director. Mr. Hartwell seconded motion. The City Attorney mentioned the last time Council handled a rescission of a vote it was based on notice and this motion was made without any notice because a notice has to be given at a public meeting, and it would require a unanimous vote of City Council to pass it. 60 11- 18- 08 Regular Council RESCIND CENSURE OF COUNCIL MEMBER PULLEN cont. The City Attorney further explained whenever they rescind a vote without any notice that they are going to make the motion to rescind the vote, it requires a unanimous vote of the body to pass the motion to rescind. The Mayor noted it was not published as a motion; it was published as a discussion item only. The City Manager commented she had discussion with the City Attorney before she put the item on the agenda and it was the City Attorney' s recommendation it be put on as a discussion item because the last time they had a rescission motion Council publicly discussed the matter about whether or not they wanted to rescind it and at the next meeting actually voted on it. Mr. Miller stated his intent was to have a motion, not to discuss it. Mr. Hartwell withdrew his second to the motion. Mr. Minich seconded motion. Discussion ensued with expressions of disagreement and agreement with the censor placed on Dr. Pullen. The City Attorney corrected her previous statement that it would require a unanimous vote and said it would require a 2/ 3 vote of City Council, 5 votes, to pass the motion. The Mayor called for the vote on the motion and it failed by a vote of 3 to 4 with Miller, Garvie, and Hartwell in favor and Holmes, Reeves, Pullen, and Minich in opposed. OTHER CITY BUSINESS FOR DISCUSSION PURPOSES Dr. Pullen distributed figures he received regarding his request for the salaries and compensation of various' members of City staff, and questioned the accuracy of the figures that. were given at different times. MAVOR/COUNCIL ANNOUNCEMENTS Mr. Miller stated he thought long and hard about bringing up the issue to remove the censure on Dr. Pullen, but wanted people to decide for themselves. Mr. Garvie advised he attended the WFRPC meeting where the EPA revolving loan fund was discussed, which involves funding for our area to be used for brownfield cleanup. . Mr. Garvie advised he was nominated to be a member of a group to decide how the funding would be disbursed, and pointed out that if they were to receive an application for funding in areas of the commerce and technology park, he would have to recuse himself from voting since the entire park has been designateda brownfield area. He also ad~,~~. d,t~ e is turning this information over to the City Attorney to determine whether he can serve in this capaCity. Dr. Pullen asked the City Attorney if the vote just taken regarding the rescinding of the censure had been 4 to 3, if the censure would have been rescinded. The City Attorney replied no, it would require a 2/ 3 vote. Dr. Pullen stated that is why he voted the way he did. Dr. Pullen admonished Staff to be cautious when falsifying any reports. The City Manager advised Dr. Pullen if he is referring to staff, he needs to direct those comments directly to her as the City stre~s~ d Manager, and she would be happy to talk with him after the meeting or individually. She Dr. Pullen is using strong words and should be cautioned about using those types of words. '. Mr. Minich commented on the wonderful spaghetti luncheon put on by the City staff for the United Way; that he attended, with the Mayor and the City Manager, the grand opening of the First City Bank; and invited everyone to the Christmas tree lighting ceremony on December 6 at the Fort Walton Landing.  61 Regular Council 11- 18- 08 MAYOR/COUNCIL ANNOUNCEMENTS cont. The Mayor advised the city raised $ 850. 00 on the spaghetti luncheon; he attended the Veteran' s Day ceremony at Seal Cemetery and it was very moving; mentioned an e- mail commending a City employee; and wished luck to the City Manager, City Clerk, Mr. Garvie, Kabe Woods, and the FWBTV channel at the Florida League of Cities awards ceremony on Friday. The Finance Director advised the General Employees Retirement Fund financial advisor will be available on December 2 to discuss a possible change in investment managers of the plan and changes in the current investment policy. The City Clerk will check with Council to see if they are available on December 2 at 5: 30. The City Manager inquired if Council wanted to hold a special meeting on December 16 for second reading of the ordinance to eliminate the Development Review Committee from the Land Development process. Consensus of Council was since there is no adverse impact on any of the projects or developers, the second reading of the ordinance could wait until the first meeting in January 2009. CITY MANAGER ANNOUNCEMENTS The City Manager informed that at the December 9 Council meeting the fuel surcharge for sanitation will be reviewed; and that a letter was received from the Department of Revenue indicating the City is actually owed about $ 500, 000 for the Communications Services Tax, and the money will be rebated to the City beginning in February for about 29 months. The City Manager advised that because of the uncertainty, Staff will set the money aside and not spend it as it seems all of the cities in Okaloosa County are receiving money. The City Manager announced the Heritage Cultural Center Open House and the lighting of the Christmas."tree on December 6; the Christmas parade on December 8; that author Tim Hollis will be at the library on December 11 signing his new book; and that FWBTV is now an affiliate of the Florida Channel in Tallahassee. The City Manager reminded all City offices and recreation centers and facilities, excluding the Golf Club, will be closed on November 25 and 26 for Thanksgiving with no yard debris, commercial or residential garbage collected on Thanksgiving Day. ADJOURNMENT There being no further business, the meeting adjourned at 8:40 pm. APPROVED: MAYOR: ATTEST: ' ~ I, . I CITY CLERK ddm  CITY COUNCIL MEETING December 9, 2008 Consent Agenda Consideration of a request to award RFP 09- 101 , Purchase of one side loader refuse truck, to the low, responsive, responsible bidder, Peterbilt of Montgomery, LLC, in the amount of $ 199,834 Public Services Director) Council Action 1st 2nd Vote: 3 Agenda Item Number:  MEMORANDUM DATE: November 21, 2008 TO: Joyce Shanahan, City Manager FROM: Allen Lassiter, Service Operations Manager THROUGH: Thomas Murray, Public Services Director SUBJECT: Bid 09- 101, Purchase of One Side Loader Refuse Truck SUMMARY Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4. 01, paragraph 4. 01.025 and the Policies and Procedures, request authorization to award Purchasing Bid 09- 101, Purchase of One Side Loader Refuse Truck, to the low, responsive, responsible bidder meetingbid Peterbilt of Montgomery, LLC, Montgomery, AL, for the bid specifications, amount of $199, 834. This vehicle will replace City vehicle # 2388 a 1997 Peterbilt Side Loader Refuse Truck. If approved, funds are available in account number 403- 1260- 534- 6404 ( Trucks), in the amount of $222, 000. Recommend the City Council award Bid 09- 101, Purchase of One Side Loader Refuse Truck, to Peterbilt of Montgomery, AL, for the bid amount of$ 199, 834. FIN ANCIAL DA T A 1. DEPARTMENT: Public Services 2. DIVISION: Solid Waste 3. FUND: Enterprise Sanitation 4. ACCOUNT: 403- 1260- 534- 6404 5. ACCT. DESCRIPTION: Trucks 6. FY BUDGET: 2008- 09 7. AMOUNT BUDGETED: $ 222, 000. 8. GRANT FUNDS: DYES [ g] NO AMOUNT 9. FUND TRANSFER: DYES [ g] NO AMOUNT 10. FROM ACCT: N/ A 11. TO ACCT: N/A 12. REASON FUNDS AVAILABLE FOR TRANSFER: N/ A 13. PRICE ANALYSIS: D ATTACHED D ADD'L MAT FDR [ g]NONE  BID ITEM DATA