Fort Walton Beach Council minutes — 03-11-08 regular minutes — reading text

49 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 11, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 11, 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; Finance Director position vacant); 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 after being recognized, then state his or her name and address for the record. INVOCATION Jim Robbins gave the invocation PLEDGE Matt McCanley and John Gray with Boy Scout Troop 506 led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation on March for Safety and Day of Remembrance to Karen Brown Rhodes. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the order of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CONSENT AGENDA Mr. Reeves moved to approve the following consent agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MINUTES Minutes of the Regular Council Meeting of February 26, 2008, and the Executive Session held on March 4, 2008. EASEMENT FROM McDONALD' S Accept the Grant of Easement from McDonald' s Corporation, along the south line of their property located at 31 Eglin Parkway NE, abutting Hospital Drive, for installing a public sidewalk. 50 Regular meeting 3- 11- 08 CONSENT AGENDA cont. Approve the purchase of four police pursuit vehicles utilizing the Florida Sheriff Contract, from Orville Beckford Ford of Milton, Florida, in the amount of$ 83, 498. 00. ROADSIDE BEAUTIFICATION Update on the Florida Department of Transportation Roadside Beautification Assistance Grant, regarding SR30 medians. GENERAL PUBLIC Jeff Main, 75 Wayne I Circle, expressed his concerns about a former councilman being appointed to the MPB and that Council should revisit that appointment. The Mayor advised the individual was appointed by Council for a four-year term, and all appointments are reconsidered by Council at that time. PUBLIC HEARING - ORD. 1755: AMENDING LDC TRAFFIC CONCURRENCY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTION 12.32. 02 OF THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENTS WITH A DE MINIMUS IMPACT AND CODIFYING THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING THE TRAFFIC CONCURRENCY EXCEPTION AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Samantha Abell, Senior Planner, mentioned the Comprehensive Plan was adopted in 2000 and staff is currently in the process of the Evaluation and AppraisalReport ( EAR). She explained the amendment to the Land Development Code is to make it consistent with statutory requirements and effectuate the intent and purpose of the Comprehensive Plan, and the Transportation Concurrency Exception Area and De Minimis Development are two exceptions to the concurrency requirements. She reported the Municipal Planning Board recommended approval ofOrd. 1755. She then entered the staff report into the record. Mr. Miller moved to ~idopt Ord. 1755 on first reading. Dr. Pullen seconded motion and it carried unanimously \ vith Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS Mr. Hartwell moved that the Charter Review workshop on March 18th be shifted ( to the next month) and replaced with a Special Council Meeting to consider the termination of the City Manager. Dr. Pullen seconded motion.. There ensued an exchange of views in support of the motion and those against the motion. The Mayor called for the vote on the motion and it failed by a vote of 3 to 4 with Miller, Pullen, and I. Hartwell in favor and Holmes, Reeves, Garvie, and Minich opposed. It was noted that Councilman Miller' s request for review of the legal support system will be placed on the agenda for the March 25th regular Council meeting. Regular meeting 3- 11- 08 51 COLLECTIVE BARGAINING AGREEMENT Consideration of a request to authorize the City Manager to execute a 3- year Collective Bargaining Agreement between the City and both the Rank and File and the Battalion Chiefs' Bargaining Units ofIAFF Local 2601. Mark Wiltsie, Human Resource Director, presented the three year Collective Bargaining Agreement between the City and both the Rank and File and Battalion Chiefs' Bargaining Units of IAFF Local 2601. He pointed out if approved, a budget amendment will be necessary. Mr. Holmes moved to authorize the City Manager to execute the three-year Collective Bargaining Agreements between the City and both the Rank and File and Battalion Chiefs. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GREEN LOCAL GOVERNMENT Discussion regarding FloridaLeague of Cities Green Local Government, an environmental stewardship program to develop green cities through ''the Florida Green Building Coalition"; a non- profit corporation whose mission is to develop and maintain green designation standards for Florida and to promote cost- effective sustainable environmental improvements. The Mayor explained the Florida League of Cities requested this be brought forward for consideration. Tom Murray, Public Works Director, reported the staff recommendation is not to endorse the resolution. He explained it would commit the City to adopting another layer, higher level of regulations that would be costly to the City. Council took no action. RES. 08- 09 - FLORIDA FOREVER AND SUCCESSOR PROGRAM The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM; AND SETTING AN EFFECTIVE DATE. The Mayor explained the Florida Forever program is set to expire in 2010 and this resolution is requesting legislature extend the program beyond 2010 as it provides grant funds for the City. Mr. Minich moved to adopt Res. 08- 09. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ROBERTS RULES OF ORDER Consideration of a discussion of Roberts Rules of Order and how it applies and impacts the conduct of City business. Mr. Miller said he researched and reviewed the Charter and Council Protocol and they were silent on Robert' s Rules of Order. He found reference in the Code which states that the meetings shall be conducted pursuant to Robert' s Rules of Order, and said that " pursuant to" does not mean adhere to. 52 Regular meeting 3- 11- 08 ROBERTS RULES OF ORDER cont. He recalled that the City Attorney provided previous opinions which said that function is better than form. He thought that Council may use Robert' s Rules as guidelines and not as mandatory regulation. Mr. Minich moved to suspend Roberts Rules of Order. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Minich said that Robert' s Rules is used worldwide and it keeps order in moving forward and keeping the meeting on track, but most importantly it is to give everyone the equal opportunity to speak. He believed the portion that is in contention is those items to be placed on the agenda and said they can put items on the agenda but Council gets to vote on it. He said lately he has seen Council not putting an item on the agenda then bringing it up under announcements. He stated when he has been in charge of the meetings he has used Robert' s Rules more strictly. He said Robert' s Rules are updated regularly and believed they are the right way to conduct business. He mentioned each Councilman was given two books on Robert' s Rules and given an opportunity to attend a class. The Mayor requested clarification from Mr. Miller on what part of Robert' s Rules he would like to change or not enforce. Mr. Miller said he did not think they have to adhere to it and did not like the limit on the number of times to talk. Mr. Minich pointed out that the Chair has the opportunity to waive that limit. Dr. Pullen stated he has seen Robert' s Rules abused and said another thing that restricts Council is that public input is restricted after a motion is made. The Mayor stated he will enforce that rule. Mr. Minich noted any tirne the Chair makes a ruling, it can be overruled. Mr. Reeves commented it is the most longwinded members who have the biggest problem. He said Robert' s Rules works extremely well and he is glad it is enforced. Mr. Hartwell expressed his concern is when there is a time sensitive issue. Mr. Minich stated that Council can always add an item at the beginning of the meeting, but based on Robert' s Rule, they cannot just bring it up. He said by bringing it up at the beginning of the meeting Council can decide whether they want to add that item. The Mayor wished to know if there was anything further Mr. Miller wished to discuss. Mr. Miller said he did not want Robert' s Rules to interfere with the meeting. Mr. Hartwell noted, as was said, an item can be added at the beginning of the meeting. SUPER FOCUS GROUP NOMINATIONS Consideration of Mayor and Council nominations to the Super Focus Group, to participate with Council at the Strategic Planning Meeting on March 15. Regular meeting 3- 11- 08 53 SUPER FOCUS GROUP NOMINATIONS cont. Mr. Minich moved to approve the nominations of Ms. Beth Holmes, Mr. Lee Bobo, Mr. Robert C. Jones, Mr. Dean Covey, Ms. Tracy Garvie, Mr. Dick Gercak, Mr. Ray Seip, and Mr. Kabe Woods, to the Super Focus Group to participate in the March 15, 2008 Strategic Planning Session. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The City Manager noted the session will start at 8: 00 a.m. on Saturday at the Senior Center and she will send out a one page summary of the Department budgets. HOUSING AUTHORITY APPOINTMENT Consideration of the Mayor' s appointment to the Fort Walton Beach Housing Authority. Mr. Minich moved to approve the Mayor' s re- appointment of James Robbins, 30 Comet Street, SW, to the Housing Authority Board for a four-year term until March 10, 2012. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell,