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

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 saying there are no exceptions. He advised that both of the 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 anew lease, a modified lease, or a renewal of the lease; then for MWR purposes a commercial or non -commercial lease; unless they can pass legislation to exempt the 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 (CONT) 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 never directed the Finance Director to look into the matter; that the Finance Director requested to look at the Presidio file and the City Manager had no problem with that. The City Manager advised she had no other information to present at this time. The Finance Director stated that in the February 12, 2008 report, she quoted the City Manager directly in regards to her instructions as to what she wanted the Finance Director to do, and that the report is not complete as of this date. Mr. Hartwell withdrew the item and will coordinate with the City Manager when the report is completed and will add it as an agenda item. There was a question whether the Finance Director needed authority from Council to continue with the investigation, and it was further questioned whether this was an actual investigation. Mr. Reeves stated his opinion that the issue has already been voted on and if Mr. Hartwell wants the Finance Director to put together some numbers for clarification as to what occurred then that is fine; that we have enough investigations going on as is. Mr. Hartwell stated his intention was for the Finance Director to give Council a report for clarification. REQUEST TO CONSULT LABOR ATTORNEY Consideration of a request to direct the City Manager to allow the Finance Director to consult directly with the Labor Attorney. Mr. Hartwell withdrew the item from the agenda. REVIEW OF LEGAL SUPPORT SYSTEM FOR THE CITY Consideration of a request to direct staff to perform an overall review of the legal support system for City affairs. Mr. Miller expressed his concern regarding the legal support for the City, specifically; whether attorneys are on contract, on task order, project order, or retainer, as well as who we pay, how they are paid, the method by which the City pays, and who has the authority to obligate the City for these services. Mr. Miller feels this is a subject to come before Council as an agenda item for the City Attorney to give Council a briefing to clarify the process of legal support for the City. 24 Regular Council 02/ 26/ 08 LEGAL SUPPORT REVIEW (CONT) The City Manager was asked how the City's legal expenses compare to that of other cities. The City Manager advised that, according to a newspaper report last year, the City was lower in legal expenses than those of neighboring cities. The City Attorney advised that was her recollection as well, that the City is lower than the surrounding areas, and she would be happy to discuss at any time how the attorneys are retained and how they are being tasked. The City Attorney advised that in the past she has always asked to be given the opportunity to handle an issue before going to an outside attorney, as she can do it cheaper than an outside attorney. The City Attorney did advise, however, that there may be an increase in legal fees this fiscal year due to what is occurring at this time as well as what has occurred the past nine months or so. Dr. Pullen requested a roster of all attorneys the City currently retains, their fees, and how they are called upon. The City Manager advised the practice of the City is to call on the City Attorney on legal issues, and she has consulted on issues such as pension and labor issues. The City Manager stated she has spending authority up to $ 20, 000; the budget is the guide for Council to go by, it is not necessarily all that will be spent on a certain item. Mr. Holmes addressed his lack of knowledge regarding this particular topic as there is a lot of information other people seem to have that he is not aware of. Mr. Holmes stated that Council authorizes and sets policies, so he does not understand what the question is, and he feels he is being left of out of the loop as he has no information to go by. The Mayor advised there are situations that are not in the City Attorney's expertise, such as bond issues or pension issues, and those are the times when the City Attorney recommends that another attorney be engaged. He also stated his understanding that Council' s approval would be needed only if a particular item or service is over $ 20, 000.00. Dr. Pullen stated he believes the contract of the City Attorney states that if she cannot handle an issue then she recommends an attorney in that expertise; he believes all legal matters should go through her office, and if she cannot handle it she refers it and does not necessarily have to go to Council for authorization. Mr. Miller moved that the City Attorney prepare a presentation for the Council reviewing the overall legal support system for the City, including the names of current attorneys, their expertise, and the method they are paid whether it is a contract, a task, a project, or on retainer. Dr. Pullen seconded motion and it carried by a vote of 5 to 2 with Miller, Garvie, Pullen, Hartwell, and Minich in favor and Holmes and Reeves opposed. CRA CHAIR AND VICE -CHAIR APPOINTMENTS Consideration of recommendation by the CRA Board of Commissioners for appointment to the Chair and Vice -Chair for the 2008 calendar year. Mr. Minich moved to reappoint Dr. joyce gillie gossom as Chairman and Chuck Kennedy as Vice -Chairman of the CRA Board of Commissioners for calendar year 2008. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  25 Regular Council 02/26/ 08 MUNICIPAL PLANNING BOARD APPOINTMENT Consideration of appointment to the Municipal Planning Board. The City Clerk advised that there are two additional applications for Council to consider. Mr. Minich nominated Bill Walter, 320 Smith Drive, Fort Walton Beach. Mr. Miller nominated Jim Tucker, 590 L' Ombre Circle, Fort Walton Beach. The Mayor advised the nominations would be voted on in alphabetical order. The Mayor called for the vote on the nomination of Jim Tucker, 390 L' Ombre Circle, Fort Walton Beach, to the Municipal Planning Board for a four -year term until February 25, 2012, and it carried by 4 votes with Holmes, Miller, Garvie, and Pullen in favor. OTHER CITY BUSINESS FOR DISCUSSION ONLY Mr. Minich stated as Mayor Pro Tern he will continue to hold the meetings in the Mayor's absence in a businesslike manner and reminded Council that every ruling the Chair makes can be overruled by an appeal. Dr. Pullen commented several employees have gone to him about an employee who will be absent for an extended period of time and he questioned the circumstances. The City Manager explained that Charlotte Dunworth, Budget/ Grant Manager, was selected by the Rotary Club District 6940, to travel to France for a Group Study Exchange for four weeks. The Rotary Club will pay for her travel to France and her stay, and the City will pay her salary under Code 35, Training, as this is continuing education for personal enrichment that will benefit the City in the long run. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Miller encouraged everyone to attend the tennis tournaments to watch the matches taking place. Mr. Reeves voiced his desire to move toward productive and positive action. Mr. Garvie mentioned the, pancake breakfast held last Saturday at