Fort Walton Beach Council minutes — 05-22-07 regular minutes — reading text

the absence of the City Manager and it failed by a vote of 3 to 3 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, and Minich opposed. Dr. Pullen requested a Point of Parliamentary Procedure on the Mayor Pro Tem casting a vote. The Mayor Pro Tem made the ruling that he has the right to vote. He said he has not exercised the right until this time verbally or in any other way because it would not have made a difference but he does has that right and he exercised it at this time, caused a tie and a tie fails. A point of clarification was requested of the City Attorney. The City Attorney stated there has always been a question because the Mayor has all rights and privileges except for the right to vote, the Charter outweighs Roberts Rules of Order, but what is asked is whether or not a being Councilmember sitting in the position of Mayor Pro Tem should be stripped of the right to vote. She said there was a point of order, there was a clarification on the parliamentary procedure and if there is a disagreement with the ruling of the parliamentarian, who is the Chairman at this time, it would require a motion to resolve and a two- thirds vote. She believed that would be the appropriate way because she cannot give a straight answer. RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 05 p. m. H  Regular Council 5- 22- 07 295 CO- COUNCIL ON O' DANIELS V. CITY AND DEP ADMINISTRATIVE HEARING Request for authorization to retain Suzanne Brownless as co- counsel for the Division of Administrative Hearing Case 07- 954, O' Daniels v. City of Fort Walton Beach. The City Attorney explained the need for co- counsel that has Administrative Hearing experience and the need for an expert in the case to do studies. The I""" Mayor Pro Tem opened the floor for public input. As there was none, public input was closed. Mr. Garvie moved to authorize the City Attorney to retain Suzanne Brownless as co- counsel for the Division of Administrative Hearing Case 07- 954, Q' Daniels v. City of Fort Walton Beach. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, and Pullen in favor (Hartwell absent). MAYOR/COUNCIL ANNOUNCEMENTS Dr. Pullen received a brief status report on the Sewage Treatment Bond issued in 2005. Mr. Miller moved that the City negotiate a contract with the Finance Director and the City Clerk. Dr. Pullen seconded motion. The Mayor Pro Tem overruled the motion. Mr. Miller moved to appeal the ruling of the Chair. Dr. Pullen seconded motion and it failed for lack of a 2/ 3 vote with Miller, Garvie, and Pullen in favor and Holmes and Reeves opposed ( Hartwell absent). Mr. Miller requested the issue be put on the agenda for the next Council meeting. Mr. Holmes moved to consider the Finance Director' s resignation. Motion died for lack of a second. Mr. Miller read into the record an email received today from the Finance Director which stated: Dear Councilman Miller, as we have discussed I would be very interested in continuing my employment with the City of Fort Walton Beach. Of course this would have to be under different terms and conditions than the current situation. Signed Lisa Absher, Financial Director, City of Fort Walton Beach". Mr. Miller, Mr. Garvie, and Dr. Pullen requested a Special meeting be held on Thursday, May 24th. The City Manager noted there is a Special meeting scheduled for Tuesday, May 29th and the item can be added to the agenda. The Mayor Pro Tem mentioned a position paper received from a Council member who stated he may not make it to the meeting. He referenced an Attorney General' s opinion on position papers which stated while discouraged it is not in direct violation of the law. He then expressed his belief 1"'- that position papers are not the way to do business, that business should be in the meeting in front of the public and he will not read position papers. The Mayor Pro Tem announced the Billy Bowlegs Festival in June and thanked everyone who participated in the Bruce Bankston Benefit Golf Tournament which raised $ 5, 145. 00. CITY MANAGER ANNOUNCEMENTS The City Manager announced the City will designate a new Nature Trail on Lake Drive, the Medal of Honor Trail on May 251h at 4: 00 p. m.; the Heritage Park is hosting the first traveling exhibit of alligators at the Indian Temple Mound Museum May 30lh - August 29th; the summer Youth Reading Program at the Library for ages 7- 12 from June 14 to July 26th and a Teen Book Club for h ages 13- 17 from June 12 to July 24; and Kid' s Day on June 7' from 10: 00 - 1: 00 p. m. at the Landing.