Fort Walton Beach Council agenda — 08-14-2007 regular agenda — reading text

to the minutes Council had before them and that they be removed from the Consent Agenda and voted on separately. The Mayor requested that the agenda be modified to delete Items 7 and 13, and that Item 6 J from the Consent Agenda be voted on separately. Dr. Pullen asked if the subject of the millage could be discussed. The City Manager advised she would bring that up during the City Manager portion of the agenda. Mr. Minich moved to accept the agenda as the order of the day as modified, with Items 7 and 13 being removed from the agenda, and Item 6, Approval of Minutes, be voted on separately. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. c-~ 36 Regular Meeting 6/ 26/ 07 RELEASE OF LIEN Consideration of release of lien at 52 Mallard Avenue NE and 13 Jackson Street NE. 52 Mallard Avenue NE complied on April 12, 2005, and 13 Jackson Street NE complied on February 11, 2003. This item was pulled from the agenda. o CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. COX BUSINESS SERVICES RENEWAL Consideration of a request to authorize the City Manager to negotiate and execute a 3- year term renewal with Cox Business Services to provide Internet and VPN services to the City. SALE OF PROPERTY AT 144 READY AVENUE TO WASTE MANAGEMENT Request authorization for the City Manager to enter into preliminary negotiations for the sale of the property to' Waste Management. In addition, request authorization to allow Waste Management to enter the property to conduct testing for feasibility of use. The following Consent Agenda Item was voted on separately. APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of June 12, 2007; and the Regular Council Meeting of June 12, 2007. Mr. Reeves moved to approve the minutes as revised as follows: 1) The Council Workshop minutes of June 12, 2007, Page 11B, Paragraph 7, the word ' not' is added to the sentence, . .' of facility, but also that the City should not get involved in this type of funding;' and 2) the regular minutes of June 12, 2007, page 19, paragraph 2, the word ' to' is added to the sentence,. . .' preparing the report as it was said that Mr. Miller pointed something out to her.' Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. SPECIAL PRESENTATIONS Michelle Anchors, Chairperson of the Committee for the Sustainable Emerald Coast, explained the purpose of the Committee is to provide a shared vision of success for the five counties encompassing the area, and inform and engage the public in planning and implanting the Committee' s recommendations. Ms. Anchors advised the Committee is scheduled to give their recommendations to the governor in December of this year, and they would like as much public input as possible. o GENERAL PUBLIC Bill Walter, 320 Smith Drive, addressed procedures of Council and requested that the public be given an opportunity to speak again after Council discussion for more public involvement in matters of the city. Chris Gibson, 249 Brooks Street, addressed the need for the Police and Code Enforcement to be more active in keeping the sidewalks clear of cars, garbage, containers, debris and clutter to make it safe for the disabled to get around.  37 6/26/ 07 Regular Meeting STANDING COMMITTEE and ADVISORY BOARD REPORTS No reports. PUBLIC HEARINGS- ORD. 1726. HOME OCCUPATIONS CbNSIDERATION OF ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 735. 01, HOME OCCUPATIONS, OF THE LAND DEVELOPMENT CODE, BY REMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTION BY THE BUILDING OFFICIAL AND THE FIRE CHIEF; AMENDING SECTION l 8. 05. 01, ANNUAL INSPECTION REQUIRED, OF THE CODE OF ORDINANCES BY REMOVING THE REQUIREMENT FOR THE FIRE DEPARTMENT TO CONDUCT AN ANNUAL INSPECTION FOR HOME OCCUPATIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Ordinance was pulled from the agenda. REGULAR AGENDA- CITY CLERK CONTRACT Consideration of approving an employment contract with the City Clerk. The Mayor introduced Michael Mattimore, the City' s Labor Attorney from Allen, Norton & Blue. Upon questioning from Council, Mr. Mattimore advised that he represents approximately 20 cities throughout the state in employment issues; explained that the purpose of a contract is to provide description a of compensation and benefits for an employee, and sets the conditions of employment. Mr. Mattimore further advised he did not assist the City Clerk with her contract; nor has he looked at or reviewed the contract for the City Clerk. Mr. Minich asked the City Clerk how this contract differs from what she is receiving now. The City Clerk responded that the contract contains a request that the City pay 100% for her in the General Employees Pension Plan, that at the present time she pays 5% into participation in the ICMA- RC 457 Deferred the plan; and also the contract increases participation Compensation Plan from 5% to 10%. Mr. Hartwell received confirmation that the proposed contract for the City Clerk is consistent with what the other charter officers receive. Mr. Miller commented when he proposed a contract for the City Clerk, it was his intention to take the resolution and agreement currently with the City Clerk and incorporate that into the contract similar to those with the two other charter officers, not his intention to enter into any increased compensation. He noted the proposed contract includes a severance package of three months, which is an additional benefit the City Clerk does not presently receive. The City Clerk clarified that her job description states she is under the general supervision of the City Council, in cooperation with the City Manager. The City Attorney took a moment to clarify that when the question was asked if the proposed contract was in line with other charter officers, that she is appointed as a charter officer, but her contract is a feeagreement in that she does not receive any benefits of any kind from the City, and her contract is very different from the contract with the City Manager and the two that are being contemplated. 38 6/ 26/ 07 Regular Meeting CITY CLERK CONTRACT ( CONT) the The City Attorney advised that for the proposed contract for the City Clerk, she included it is consistent with the position description for the Clerk in the contract, and in her opinion Charter, and that it is up to Council whether or not to define the roles of the City Clerk or the Finance Director within the contract itself. officers Upon questioning from Council, Mr. Mattimore advised that more than half of the charter in other communities in Florida do have contracts. The Mayor asked for any public input on this item. There was none. Mr. Hartwell moved to accept the contract for the City Clerk as presented. Mr. Garvie seconded motion. Mr. Hartwell expressed his feeling that if the City is going to recognize and maintain charter officers and their unique positions, they all need to bear some similarity in responsibilities, roles, and benefits, and if one charter officer has a contract, they all should. he Mr. Garvie commented the contract was reviewed by the City Attorney, she approved it and relies on her expertise. Dr. Pullen stated a contract gives the benefit of security to the charter officers. Mr. Minich advised he would not support the motion because he does not believe this is the time to be discussing salaries and severance pay as the contract states. Mr. Holmes stated he would not support the motion because he does not believe the City Clerk really wants one. Mr. Miller informed the format of the contract is fine, but he does not feel increased compensation should be negotiated. Mr. Miller amended the motion as follows: 1) to delete from Section IV, Rate of Compensation, the item ' Participation in General Employee Pension Plan- The City pays contribution of 100% on behalf of the City Clerk'; and 2) to delete from section V. Termination of Employment, the item 'The City shall provide a severance payment equal to three ( 3) months of salary at the final salary Motion died for lack of a second. rate.' Mr. Reeves stated the City has operated since 1941 without a contract for the City Clerk and does not feel now is the time to consider one. All of Council expressed their highest professional regards for the City Clerk, and stated that any opposition to the contract is the contents of the contract itself, not of the individual. Clerk Mayor called for the vote on the motion to accept the contract for the City as The presented and it failed by a vote of 3 to 4 with Garvie, Pullen, and Hartwell in favor and Holmes, Miller, Reeves, and Minich opposed. FINANCE DIRECTOR CONTRACT Consideration of approving an employment contract with the Finance Director. The Finance Director deferred comments to Mr. Mattimore with the understanding she would have the opportunity to respond to any questions that may arise.  39 Regular Meeting 6/ 26/ 07 FINANCE DIRECTOR CONTRACT ( CaNT) Mr. Mattimore advised an employment agreement with the Finance Director has been worked out and there were some benefit changes proposed for the City' s consideration, and it