Fort Walton Beach Council minutes — 02-26-08 regular minutes — reading text

17 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA FEBRUARY 26, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, February 26, 2008, at 7: 00 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; 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 atter being recognized, then state his or her name and address for the record. INVOCATION Buck Dockery, Mary Esther Church of God, gave the Invocation. PLEDGE OF ALLEGIANCE Youth from Mary Esther Church of God led in the Pledge of Allegiance. RECOGNITION- COMMUNITIES FOR A LIFETIME The Mayor presented a certificate to Jackie Fleming, Manager of the Creative Seniors Center, for the City being designated a Communities for a Lifetime Community. STUDENT A.C. E. AWARDS The Mayor presented Emily Kaltz of Fort Walton Beach High School and Patrick Fitzgerald of Choctawhatchee High School their Student Ace Awards. APPROVAL OF AGENDA Mr. Hartwell removed Item 14, ' Consideration of a request to direct the City Manager to allow the Finance Director to consult directly with the Labor from the agenda. Attorney,' Dr. Pullen advised that in regards to Item 12, ' Consideration of a discussion of Council Member Pullen' s observations, for the past five years, of what he would consider harassment and a hostile work environment in the he has prepared some definitions for discussion that he City,' will distribute for Council to consider. The Mayor clarified that only definitions will be discussed; that he has spoken with the Labor Attorney who will address these issues at a future meeting, and that if any issues are brought up during discussion he will curtail it at that time. Dr. Pullen agreed and noted this is the only time that Council can talk to one another, and wanted to make a motion that another item titled ' Other City Business' be added to the agenda. Dr. Pullen noted that at the last meeting when it was chaired by the Mayor Pro Tern, Council was not given the opportunity to discuss other city business and he felt that Council should have that opportunity. Discussion included the item be placed between Item 17, ' Consideration of Appointment to the Municipal Planning and Item 18, ' Mayor/ Council Board,' and that it be Item Announcements,' 17a. 18 Regular Council 02/ 26/ 08 APPROVAL OF AGENDA (CONT) Dr. Pullen moved to add to the agenda ' Other City Business', as Item 17a between Item 17, ' Consideration of appointment to the Municipal Planning Board,' and Item 18, Mayor/Council Announcements.' Mr. Garvie seconded motion. Mr. Minich stated he did not have a problem with other business being discussed; however, he did have a problem when an item is brought up to be voted on without the benefit of background information being presented. Mr. Minich stated that everyone has an opportunity to place something on an agenda so that Council receives adequate background on an item so an educated decision can be made. Mr. Minich amended the motion to read ' Other City Business for Discussion Onlv.' Mr. Reeves seconded motion. Dr. Pullen stated that if Council feels that sufficient information is not presented under Other City Business, Council can table the item to another meeting, or it can be placed under Future Agenda Items. Mr. Hartwell stated his concern if an item is time- sensitive and there is not time for a special meeting; otherwise, he did not have a problem with voting. Mr. Miller noted two Attorney General decisions and a court case that was provided by the City Attorney that stated items do not have to be specifically noted or placed on an agenda to be discussed and voted on in an open meeting forum. Mr. Minich clarified that an agenda item can be added and does not have to be on the published agenda, which is what the court case refers to, it can be added in the meeting forum, and gives Council the opportunity to consider whether to discuss it then or at a later time. Dr. Pullen commented he did not want Council to be run by one person. The Mayor advised that, according to Roberts Rules of Order, he has the power to accept or reject an agenda item and that decision must be overruled by a 2/3 majority. The Mayor called for the vote on the amendment for the agenda item to read ' Other City Business for Discussion Onlv,' as Item 17a between Item 17, ' Consideration of appointment to the Municipal Planning Board,' and Item 18, ' Mayor/Council Announcements' and it carried by a vote of 4 to 3 with Holmes, Reeves, Garvie, and Minich in favor and Miller, Pullen, and Hartwell opposed. The Mayor called for the vote on the motion, as amended, and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. t~~ a: d~ d~~. ~~~~ tt~': U~~; ~~~~~ ~~ es~~~~o~ei~: e o~~~~ el~~~ ns~~p: r: M:Z~~: ce ct: n~~~ Officers and among the Charter Officers and the Officials and employees of the City. Mr. Miller ...'. felt this needed to be discussed to decide how the investigation will be paid for. I'...... The Mayor asked whether Mr. Miller was referring to the letter itself or payment of the letter, and stated his opinion that neither subject was appropriate for placement on the agenda because not enough information is available at this time. Mr. Minich noted there is no motion and for discussion there must be a motion.  19 Regular Council 02/ 26/ 08 APPROVAL OF AGENDACCONTI Mr. Miller moved to add to the agenda that an investigation into the working relationships and workplace interaction among the Charter Officers and among the Charter Officers and the Officials and employees of the City. Dr. Pullen seconded motion. Mr. Miller expressed his concern regarding the City' s financial obligation for an investigation and feels there is a problem in the City as who is authorized to do what. Mr. Minich called for a point of order, stating Mr. Miller is discussing the item itself and he is not asking it be added to the agenda. Mr. Miller requested the issue of the authority of obligating the City' s money in a situation such as this be added to the agenda. Council requested that the motion be restated for clarification. Mr. Miller moved to discuss the authority and financial obligation authority to authorize the investigation by Mr. Mattimore onthe Mayor' s request for an investigation into the working relationships and workplace interaction among the Charter Officers and among the Charter Officers and the Officials and employees of the City. Dr. Pullen seconded motion. Mr. Hartwell questioned why this is being discussed since the Charter clearly states authority, and the Charter is being discussed in the workshop meetings, and he does not see this as a point of contention and asked for clarification. Mr. Miller stated he gives the Mayor credit for using his authority, according to the Charter, to call for the investigation; however, Mr. Miller questions the authority of the Mayor to obligate the City financially to pay for the investigation, as that authority rests with the City Council. Mr. Hartwell was satisfied with the response of Mr. Miller. The Mayor called for the motion to discuss the authority and financial obligation authority to authorize the investigation by Mr. Mattimore on the Mayor' s request for an investigation into the working relationships and workplace interaction among the Charter Officers and among the Charter Officers and the Officials and employees of the City, and it failed by a vote of 3 to 4 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, Hartwell, and Minich opposed. The Mayor asked Dr. Pullen, for clarification, whether it is his intent to present topics for discussion under the agenda item ' Other City Business.' Dr. Pullen stated yes, and explained that at the last Council meeting when the Mayor Pro Tem chaired the meeting, Council was shut out from any discussion or even asking the City Manager a question. The Mayor stated when and if the situation arises, he will make a ruling at that time. The Mayor clarified that Item 14, ' Consideration of a request to direct the City Manager to allow L the Finance Director to consult directly with the Labor was removed from the agenda, Attorney,' j: and that Item 17a, ' Other City Business for Discussion was added to the agenda. Only,' He asked for a motion to approve the agenda, as amended. Mr. Minich moved to approve the agenda, as amended, as the business of the day. Mr. Hartwell seconded motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. L,,_ 20 02/ 26/ 08 Regular Council CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of February 12, 2008, Council Workshop of February 19, 2008, and the Regular Council Meeting of February 12, 2008. AWARD PURCHASE CONTRACT FOR JOHN DEERE GENERATOR To award the purchase contract of $ 30,337.00 to C& D Agency, Covington, Louisiana, for a 75 kW, 75 kVA, 120/240 ACV 1- phase 12 wire ( g), John Deere 4045HF285, 60Hz Diesel, 1800 RPM Generator, Katolight Model 75FGJ4T3. AWARD TELEMETRY EQUIPMENT TO DATA FLOW To waive the formal bid procedures and award the purchase of new telemetry equipment to Data Flow Systems,Inc. of Melbourne, Florida, in the amount of $21 ,370. 00. SPECIAL PRESENTATION