Fort Walton Beach Council agenda — 04-27-2007 regular agenda — reading text

the rule the same language. Ms. Brownless was asked how many counties are impacted by this, and responded she asked the same question and was advised the position of the DOR is that certain information is contained in tax il filing and is confidential information to the vendor filing it; therefore that information could not be divulged. Ms. Brownless stated her opinion is that the DOR is taking the necessary steps to resolve the CST issue. The Mayor thanked Ms. Brownless for providing this information to Council.  Council Workshop 4- 10- 07 232 CHANGE IN AGENDA ITEMS Mr. Minich noted the full agenda and suggested that Item 6, Discussion on Board and Committee Appointments for 2007, could be discussed at this time since action will be required at the Council meeting later this evening, thus allowing time for the other items which may take longer to discuss. CHANGE IN AGENDA ITEMS Mr. Minich moved to table Item 3, Goals and Responsibilities of City Council Members, Item 4, Fairground Lease Negotiations, and Item 5, Location of the New Courthouse Property, to enable Council to discuss Item 6 in a timely manner. Mr. Holmes seconded motion. Dr. Pullen advised he wanted the opportunity to discuss the position paper he distributed to Council, either now or at the end of the Council meeting. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves,. Garvie, Hartwell, and Minich in favor and Pullen opposed. Mr. Minich moved to suspend Roberts Rules of Order during discussion of Item 6. Dr. Pullen seconded motion. Mr. Hartwell amended the motion to suspend Roberts Rules of Order for the remainder of the Council Workshop. Mr. Miller seconded motion. The Mayor called for the vote on the amendment and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor called for the vote on the motion, as amended, to suspend Roberts Rules of Order for the remainder of the Council Workshop and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. COUNCIL BOARD/ COMMITTEE APPONTMENTS FOR 2007 The City Clerk suggested discussing each appointment separately, and noted that an alternate representative needs to be appointed. The City Clerk advised the Mayor has offered to serve as an alternate to all of the boards as he has the time, if Council desires. Dr. Pullen advised he would like to continue on the Library Cooperative, the Head Start Board, and the Okaloosa Community Development Corporation ( OCDC). The following boards are one- year appointments, from April 1 , 2007 to March 31, 2008. EDC Mr. Miller volunteered to serve as representative for the EDC and Dr. Pullen volunteered to serve as alternate. LIBRARY COOPERATIVE Dr. Pullen volunteered to continue on the Library Cooperative and Mr. Garvie volunteered to serve as alternate. OKALOOSA-WALTON TRANSPORTATING PLANNING ORGANIZATION ( OWTPO) Mr. Holmes, Mr. Garvie, and Mr. Hartwell volunteered to be the representatives for the OWTPO. Mr. Minich volunteered to serve as alternate for Mr. Holmes; Mr. Reeves volunteered to serve as alternate for Mr. Garvie; and Mr. Miller volunteered to serve as alternate for Mr. Hartwell.  Council Workshop 4- 10- 07 233 OCDC Dr. Pullen volunteered to continue on the OCDC and Mayor Anderson volunteered to serve as alternate. OKALOOSA COUNTY LEAGUE OF CITIES ( OCLOC) The Mayor advised that the OCLOC consists of the nine municipalities with the Mayor of each municipality the primary members, with the Mayor Pro tem serving as alternate. Consensus was that whoever is appointed as Mayor Pro Tem will serve as the alternate to the OCLOC. J MAYOR PRO TEM Mr. Minich volunteered to serve as Mayor Pro Tern, and will serve as the alternate to the OCLOC. REGIONAl UTILlITY AUTHORITY ( RUA) Mr. Reeves volunteered to serve as representative for the RUA and Mr. Garvie volunteered to serve as alternate. TOURIST DEVELOPMENT COUNCIL (TDC) Mr. Minich volunteered to continue on the TDC, where he serves as Chairman. Mr. Holmes volunteered to serve as altemate. WEST FLORIDA REGIONAL PLANNING COUNCIL (WFRPC) Mr. Miller volunteered to serve as representative for the W FRPC and Mr. Garvie volunteered to serve j as alternate.;' The following boards are calendar year appointments from January to December. Alternates will need to be selected to serve until December. CHAMBER OF COMMERCE Mayor Anderson is the representative until December 31 , 2007. Mr. Garvie volunteered to serve as alternate. OKALOOSA COUNTY HEAD START Dr. Pullen is the representative until December 31, 2007. Mr. Minich volunteered to serve as alternate. NORTHWEST FLORIDA FAIR ASSOCIATION Council received clarification from the City Attorney that the Council representative will vote on matters regarding the Fair Association during a Council meeting, and during meetings of the Fair Association they may have to abstain from voting. Mr. Miller volunteered to serve as representative for the Fair Board and Mr. Hartwell volunteered to serve as alternate. OKAlOOSA GAS BOARD The City Clerk advised that this is a four-year term until December 31 2007, with former Councilman Bill Patterson serving until that time. She advised that since Mr. Patterson is no longer on Council, he would have to be appointed by Council, as a private citizen, to continue on the Board from April 1 through December 31, 2007. Mr. Miller stated that a current Councilmember should be appointed to the position.  Council Workshop 4- 1 0- 07 234 GAS BOARD ( CONTI Bull Rigdon, member of the Gas Board, advised the law says that members are appointed for four years, and can only be removed with cause, and it does not matter whether an individual is a member of council or not. Consensus of Council was to vote on these appointments during the regular Council meeting. GOALS/ RESPONSIBILITIES OF CITY COUNCIL MEMBERS Discussion on goals, responsibilities and duties of City Council Members. Mr. Minich moved to remove items 3 - 5 from the table. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GOALS/ RESPONSIBILITIES OF CITY COUNCIL MEMBERS cont. Dr. Pullen advised he asked this to be placed on the agenda as a point of interest for the new Council members and as a review for the current Council. He mentioned the Public Records Law; enforcing the City Ordinances; that Council may appoint an Assistant City Manager to serve when the City Manager is absent; Council and employee relations; the impartial enforcements of all laws by the City Manager; the establishments of boards and committees by Council; and all boards and committees work for and are appointed by City Council. Dr. Pullen also noted receiving emoluments other than regular compensation by members of Councilor City employees; and the establishments of workshop agendas. Discussion included holding a workshop to discuss the Charter as it has not been reviewed since the 1980' s, and contains out-of-date phrasing and information. Additional discussion included tasking the City' s Vision Stewardship Committee to review the charter and make recommendations; that the Charter should be reviewed by the Council in a workshop setting as problems could arise if too many individuals review it; and to consider how in- depth the review will be. Consensus of Council was to schedule a workshop after the summer break, possibly in August, to discuss the Charter. Mr. Miller requested a copy of the Charter, double- spaced. It was suggested an electronic copy be sent to Council for them to review. Also discussed was updating the Council Protocol guide. LOCATION OF COURTHOUSE Discussion on specific location of new courthouse on the property at 1940 Lewis Turner Blvd. Mr. Minich recommended this item be discussed at this time since representatives ofthe County were here to discuss this item. Mr. Miller expressed his desire to revisit the footprint of the land the City is selling to the County for the Judicial Annex, as this may hinder the City's future use of the property, as well as the possibility of obtaining Air Force approval to place the retention ponds on their property in the buffer zones. The Mayor clarified that the City would have to lease Air Force property at the fair market value. Mr. Reeves stated his concern is the use of the property, which he learned was important to the citizens of the City during his campaign. Mr. Reeves mentioned concerns such as the property in the back being land- locked; that the property would be difficult to sell to a developer; and that the property's frontage is important and something would have to be worked out with the County if future development of City property was desired.  Council Workshop 4- 10- 07 235 LOCATION OF COURTHOUSE cant. The Mayor advised Council always has the interest of the citizens in mind. Mr. Reeves is aware of that but feels that the citizens have been uninformed by the local media where the fairgrounds is concerned. Mr. Minich informed a contract is in place between the City and County, and through the contract a level of cooperation was established that is unparallel in government. He stated the issue was voted on months ago by the majority of Council and to go by what the majority rules and the contract should be honored. J Mr. Reeves informed he has no problem with what Council agreed to, he just feels that it is not too late to readdress the issue. Discussion included the general location of the property; that the property in the back of the fairgrounds that the City owns is not land- locked, as was previously stated; and the County has insured that the City has access to that property. Dr. Pullen advised the City Attorney gave an opinion that the only use for the property is for governmental purposes only, that it cannot be sold for public purpose, and is not available for commercial development. Mr. Miller stated he believed there was a limitation to that restriction of five years. The City Manager stated that in order to sell property, according to the City Code, it must be declared excess, and that the City Attorney has advised that because the City had a public purpose in mind for , the property, it could not necessarily be declared excess. The City Attorney stated the bond issue has nothing to do with the requirement in the code regarding the declaration of excess property. Further discussion was held regarding the loss