Fort Walton Beach Council agenda — 11-18-09 regular agenda — reading text

Committee. The City Attorney advised that considerable time has been put into the attempt to cure Development Review Committee ( DRC) meetings that occurred outside of the Sunshine Law. She reported she and Staff have come to the conclusion that 10 of the projects will need review by Council as Council is the final authority on them, and 8 of the projects will return to the DRC as the Committee was the final authority on those projects. The City Attorney continued that she is requesting in her memorandum that Council set a date or dates, as deemed necessary, to review the projects so they can be done in a timely manner to relieve the concerns of developers and the DRC issues. Dr. Pullen questioned whether someone could bring a lawsuit against the City on moot projects (projects that are built out and have received a final Certificate of Occupancy).  39 Regular Agenda 10/ 28/ 08 CURE PLAN (CONT) The City Attorney responded that she does not relate her conclusion of the issue of the DRC meetings beingmoot as determining whether or not someone can bring a lawsuit. Also discussed was that the City Attorney has outlined notice requirements and procedures for conduct of the cure meetings of the Council and/or the DRC. Discussion continued regarding the estimated length of time to discuss each project; that both Staff and the Council are familiar with the projects; and that a plan be set on which projects will be handled at any one meeting, as projects currently under construction or ready for construction have a priority status, and that specific days be set so projects can be properly noticed. The City Manager advised that advertising requirements with the Daily News have to be taken into consideration, and the earliest date available would be Wednesday, November 12. The Mayor asked for public input. There was none. Mr. Minich moved to approve the cure plan as set forth in the City Attorney' s final report. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, and Minich in favor (Miller and Hartwell absent). Mr. Minich moved to schedule a special meeting to consider the applications for the following 13, at 5: 30 projects on Wednesday, November 12 at 5: 30 pm and, if needed, Thursday, November Eddies, O' Sullivan Creel Building, La Quinta pm: Dorsett Ventures, Sunrise, Landmark, Joe & Inn, Alconese Terrace, Sullivan Condominiums, Beulah Baptist Remodel, and Harbour Place Garvie, Apartments. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Pullen, and Minich in favor (Miller and Hartwell absent). Dr. Pullen advised if a meeting is needed on November 13, he will not be available. The Mayor expressed his displeasure at the coverage given by the Daily News on this subject, stating he thought the articles were misleading and inappropriate. SUNSIDNE LAW DISCUSSION Discussion on Sunshine Law violations and possible action. Dr. Pullen explained he placed this item on the agenda because he thinks it is time that Council examine what what has been taking place within the City regarding possible Sunshine Law violations, and focus on needs to be done to correct the problems to ensure they do not reoccur. Dr. Pullen advised he has spoken with a local judge about events in the City, and that the judge agreed that elected officials who are aware of a violation of laws and does nothing become a part of the problem. Dr. Pullen expressed his concern for potential litigation because of the matter, and even though the City has liability insurance to cover City, employees, and elected officials, he feels it is doubtful the the the insurance would cover anyone who knowingly violates City ordinances and state laws. He stated that write. City Manager and her staff should know and be familiar with the ordinances they helped to Dr. Pullen continued by noting some examples he felt were violations of the Sunshine Law, including supposed mismanagement of the water line at the Presidio; the flooding at the Headstart building; and the CDBG HUD grant that was brought to Council in August of 2007. He also mentioned recent activity, the signatures of including an e- mail from the Public Services Director to the City Attorney, and employees in support of the City Manager in reference to an unrelated matter. 40 Regular Agenda 10/ 28/ 08 SUNSIDNE LAW DISCUSSION ( CONT) Dr. Pullen expressed his displeasure at the response by the Finance Director to a request for information regarding the salaries and benefits of certain employees. Dr. Pullen advised he requested the information from the Finance Director on Monday, October 20, and he did not receive the requestedinformation until Friday, October 24 after 5 pm, and that the information received was not complete, and that he finally received the requested information on Saturday afternoon, October 25. He stated his opinion that the City Manager, along with her staff, should be responsible for their actions, and that the City Manager is in a " Catch 22" position, because if she and her staff say they don' t know the law, she is, in effect, saying she is not qualified to be City Manager. Dr. Pullen relayed his opinion that the ultimate responsibility lies with the elected officials of the City, and hindsight will ask why they didn' t take responsibility and placed constraints on the City Manager and her staff. He again stated his opinion that the problems are because the Council allowed the City Manager and other City officials to administer the City in secret, and no one has heard the City Manager' s explanation of why she placed the City in this predicament. Dr. Pullen took a stand that the contract of the City Manager should be terminated, for cause, and that he cannot do this by himself, and that that is the only possible step to take to reduce potential for loss of insurance and to ensure these abuses do not reoccur. Dr. Pullen moved that all City meetings will be open to the public except those prohibited by law. Motion failed for lack of a second. Dr. Pullen stated he may, at a later date, place on the agenda a motion for termination of the City Manager. Mr. Minich objected to this, stating if Dr. Pullen has something to say, then say it now and get the issue settled. Mr. Minich then referred to Dr. Pullen' s phone call he placed to the Finance Director on Friday evening while she was out to dinner at a local restaurant with her young daughter, and that Dr. Pullen' s telephone etiquette towards the Finance Director was threatening, loud, abusive, and totally inappropriate, so much that the Finance Director had to step outside the restaurant. It was noted there was a memo from the Finance Director regarding the incident, and the Mayor asked that the memo be placed into the record. A recess was requested while copies of the memo were made to present to Council. RECESS The meeting recessed at 7: 50 pm RECONVENE The meeting reconvened at 7: 57 pm. SUNSHINE LAW DISCUSSION ( CONT) The Mayor advised that he received a call late Friday evening from the City Manager in reference to this incident, and it was at his suggestion that the Finance Director prepare the memo in case anything came up this evening in reference to the issue. Dr. Pullen commented that Mr. Minich' s version of the incident makes it sound like he was there. Dr. Pullen wanted it noted that when the Finance Director told him she was at dinner, he offered to call her back at a later time, or even the next morning, but the Finance Director stated it was all right, she could talk to him now. He also stated she indicted she would step outside as she could not hear him because of the noise from the restaurant. Dr. Pullen admitted he was upset because the salaries in the differed report from what was originally received in an earlier report, and that the Finance Director stated she misunderstood the request. Dr.Pullen offered the Finance Director his apologies, but that he was upset at the time of the phone call.  41 Regular Agenda 10/ 28/ 08 SUNSIDNE LAW DISCUSSION (CONT) The Mayor advised that in the past, Council had tried to censor Dr. Pullen because of harassment of the staff and requesting unusual, unnecessary information, but Council voted not to censor because they figured Dr. Pullen had gotten their message. The Mayor continued that both times, Dr. Pullen stated he didn' t care and continued on, and stated at a meeting that both the Mayor and City Manager were conspiring to run the City in an unethical matter, and tonight again stated that another conspiracy exists. The Mayor stated he understands that Dr. Pullen doesn' t care, but he wanted this brought out to further document that Dr. Pullen' s behavior toward Staff has not changed; that he does what he wants to do, then apologizes afterwards knowing that he probably will not be censored by Council. Mr. Minich moved to censor Dr. Pullen and that any communication of an official nature with the Finance Director will be written for the next three months. Mr. Holmes seconded motion. Mr. Minich