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

Presentation of General Employee Pension Fund quarterly reports. Joseph Liles of Merrill Lynch and Chad Cook of Aletheia Research and Management presented their quarterly reports for the period ending December 31, 2007. Director During discussion regarding a possible review of Alliance Bernstein, the Finance advised the topic of reviewing Alliance Bernstein was extensively discussed last spring when the decision was made to change to Aletheia; at the time consensus was that Alliance Bernstein be given more time and at the time it was more appropriate to change the equities portion to Aletheia, and it was the opinion of the Finance Director to give Alliance Bernstein at least a quarter or two before a review takes place. GENERAL PUBLIC Kabe Woods, Brooks Street, requested that if possible, to fill the agenda at the beginning of the received meeting so the public knows if they need to be here to participate or provide input. He confirmation from the Mayor that the public will be allowed to give input under the added agenda item 17a, Other City Business. BOARD/ COMMITTEE REPORTS Consideration of a request for approval of the 2007 CRA Annual Report of Activities, presented by Dr. joyce gillie gossom, Chairperson of the CRA Board. Dr. joyce gillie gossom, CRA Chairman, presented the highlights/ accomplishments of the CRA Board during 2007. PlanningNisioning; She advised that the Board was divided into three sections: Growth/ Development; and Infrastructure/ Basics, because during 2007 that is how the CRA Board operated. Under PlanningNisioning, the CRA Plan Update was completed, iJ a parking facilities plan was done and is in the process of implementing the recommendations, and a Chester Pruitt Park Master Plan was completed and in 2008 the recommendations from the plan will be implemented. Under Growth/ Development, projects approved were the Landmark Center, the Uptown Mixed- Use Expansion, the Trustmark and First City Bank improvements, the Presidio, the Landing fence around the play area, and the Brooks Bridge Mural.  21 Regular Council 02/ 26/ 08 BOARD/ COMMITTEE REPORTS ( CONTI Under Infrastructure/ Basics, projects included water/sewer improvements, parking signs, parking lot resurfacing, and the amending and revision of the CRA' s governing documents, and the development of Rules of Conduct for the CRA. Dr. gossom noted the report to Council includes all of the activities by the CRA in 2007. The Mayor asked for public input. There was none. Mr. Minich moved to approve the 2007 CRA Annual Report of Activities, as presented. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Council expressed their satisfaction with the role of Dr. gossom as chairman and the CRA Board as a whole. PUBLIC HEARING AGENDA- ORD. 1753. SEXUAL OFFENDERS The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO SEXUAL PREDATORS IN CITY PARKS; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; AMENDING CHAPTER 7. 05 OF THE CODE OF ORDINANCES; CREATING A NEW SECTION 7. 05.07, ENTITLED USE BY SEXUAL PREDATORS PROHIBITED; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Police Chief Ted Litschauer advised there have been no changes since the ordinance was passed on first reading. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1753 on second reading. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Minich, and Hartwell in favor. REGULAR AGENDA- FUTURE AGENDA ITEMS The City Manager advised she had nothing to add to the scheduled list, and for Council to let her know if they wanted to add anything new. Mr. Miller questioned whether the items should be noted as future workshop items rather than future agenda items. The City Manager advised in discussion on some of the items it was requested they be made Council agenda items, but if Council wants to restrict it to workshop items the list can be refined. Mr. Minich suggested adding an additional column stating workshop agenda items; the City Manager said that would be added. i.......... L Mr. Miller requested that the funding of the Mayor' s request for an investigation be added to the I agenda for the next regular Council meeting on March 11. The Mayor suggested a workshop be held to discuss the investigation before the Council meeting. He reported Mr. Mattimore' s summary of his findings will be ready by the end of the week and he would like to present his findings to Council. He suggested that be done at a th, workshop before the Council meeting on March 11 and then it can be an agenda item if there is any action Council would like to take. 22 Regular Council 02/ 26/ 08 FUTURE AGENDA ITEMS ( CONT) th Consensus of Council was that a Special Meeting will be held on March 11 at 5: 30 pm, prior to the regular Council meeting, to receive Mr. Mattimore' s summary of findings on the investigation. Dean Covey, 270 Brooks Street, received confirmation the Special Council meeting will be open to the public. RENEWAL OF DENTAL PROGRAM- DENTAL DECISIONS Consideration of a request to approve the renewal of the Dental Decisions dental program and authorize an increase of 5% in both employer and employee contributions for this coverage for the claim year March 1, 2008 through February 28, 2009. lJ Mark Wiltsie, Human Resource Director advised that a 50/ 0 increase in the contributions made by the City and employees is necessary due to an expected rise in claim amounts. Mr. Wiltsie stated this is the first increase since 2003, and that it is a self-insured dental program with the payment of claims through a third party administrator. The Mayor asked if there was any public comment. There was none. Mr. Miller moved to renew the City' s dental program with Dental Decisions and authorized to increase both employer and employee contributions for the claim year March 1, 2008 through February 29, 2009, as follows: Single Coverage, Employer $ 14. 99; Employee 5. 00, for a total of $ 19. 99; Family Coverage, Employer $ 42.95, Employee $ 14. 32, for a total of $ 57. 27. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. NATIONAL LEAGUE OF CITIES TRIP UPDATE Update on the National League of Cities FAST Fly- in efforts. The Mayor reported on his trip to Washington D. C. with the National League of Cities to meet with members of the House and Senate to talk about Energy Efficiency and Conservation Block Grant, Surface Transportation Reauthorization, Public Safety, Repeat the 3 Percent Withholding Tax on Government Purchases, and Collective Bargaining. The Mayor continued that he spoke in detail with Congressman Miller and Senator Nelson' s staff regarding the Enhanced Use Lease issue where the City may have to pay a lease fee on the sprayfields because the Secretary of the Air Force is there are no exceptions. He advised that both of the saying national officials said they will weigh in, that there has to be more leeway in their procedures rather than saying it is this or not. The Mayor reported one of the ideas being considered is a matrix where there is a new lease, a modified lease, or a renewal of the lease; then for MWR to exempt the purposes a commercial or non- commercial lease; unless they can pass legislation City on lease fees. DISCUSSION OF WORK ENVIRONMENT IN THE CITY ~.,.,...,."'.",,,.'...." 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 City. The Mayor clarified Dr. Pullen would be discussing definitions and not observations. Dr. Pullen discussed the definition of a hostile work environment in the legal sense, as caused by unwelcome conduct in the workplace. Dr. Pullen discussed hostile work environment laws; the formal definition of harassment, and noted that speech can be considered harassment and that speech does not have to contain profanity to be considered harassment.  23 Regular Council 02/ 26/ 08 DISCUSSION OF WORK ENVIRONMENT IN THE CITY ( CONTI Also discussed by Dr. Pullen were common tactics used by ' workplace bullies,' and he asked Council to think about these items. In closing, Dr. Pullen posed the following questions to Council for them to consider: 1) Can the action of an elected official create or add to a hostile work place, 2) Can an elected official be held personally liable for their actions, 3) Does the statement " I' m going to get you fired" constitute harassment, 4) Is it ethical for an elected official to have a City employee spy and report on other elected officials. He further stated that they as a City Council have the responsibility to eliminate all harassment and hostile work places in Fort Walton Beach City government. The Mayor mentioned that Mr. Mattimore will address all of those issues in his report. PRESIDIO INVOICES AND PAYMENTS Consideration of a request to direct the Finance Director to report to Council the findings of inquiry into activities involving Presidio invoices and payments in question. Mr. Hartwell stated he was under the impression that the City Manager had directed the Finance Director to look into the issue and all he wanted was to request the Finance Director to come back with her concluded report for Council' s information. The City Manager advised she