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

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. Mr. Miller requested an agenda item be added, per the Mayor's written request, 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. Mr. Miller felt this needed to be discussed to decide how the investigation will be paid for. 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 AGENDA (CONT) 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 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. 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 Tern 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 the Finance Director to consult directly with the Labor Attorney,' was removed from the agenda, and that Item 17a, ' Other City Business for Discussion Only,' was added to the agenda. 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. 20 Regular Council 02/ 26/ 08 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 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. During discussion regarding a possible review of Alliance Bernstein, the Finance Director 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 meeting so the public knows if they need to be here to participate or provide input. He received 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. She advised that the Board was divided into three sections: Plan ningNisioning; Growth /Development; and Infrastructure /Basics, because during 2007 that is how the CRA Board operated. Under PlanningNisioning, the CRA Plan Update was completed, 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 Under Growth /Development, projects approved were the implemented. 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 ( CONT) 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. Mr. Miller requested that the funding of the Mayor's request for an investigation be added to the 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. Mark Wiltsie, Human Resource Director advised that a 5% increase in