Fort Walton Beach Council minutes — 05-27-08 regular minutes — reading text

and Committees should be run. He said like Council sets the priority of their agenda he thought it is up to the Boards and Committees to set up their own agenda and what should be the order of business. The Mayor opened discussion on the motion that staff prepare an ordinance that each opening ceremony commence with its members reciting the Pledge of Allegiance. Mr. Minich said there is no requirement in the Code or ordinances that a person be a citizen of the United i1.. States to serve on the Boards and Committees; they can be residents of the United States but they do not have to be a citizen. He did not have a problem with having the Pledge at every one of the meetings but U the motion says they must recite and if they are not a citizen of the United States, then Council should not make them recite so he cannot support the motion as it is. Mr. Hartwell said when they say the Pledge of Allegiance they not only pledge allegiance to the flag but to the republic for which it stands. He said the republic is a form of government which they operate under and if they are not willing to pledge loyalty and allegiance to the same, he did not understand why they would serve in that capacity. He said the Mayor and Council pledged loyalty to the City, pledged to support and defend the Constitution of the United States and the State of Florida and they pledged loyalty to the City, and the last four words in the oath of office is " So help me God". He thought anyone who is not willing to pledge that allegiance to the City and to this nation that maybe they need to re- look at the requirements for the Boards and Committees membership. Dr. Pullen voiced support for the motion but questioned the legality of someone who is not eligible to vote deciding quasi-judicial matters. He thought that will have to be looked at very closely because when quasi-judicial items come in front of Council they depend very heavily on the vote taken by the Boards. He feels very strongly about the legal aspects and also are you serving this country and this city. Mr. Garvie voiced his support for the motion and expressed concern since they allow non- citizens to be on Boards to mandate they Pledge Allegiance to the flag, but he believed the Pledge of Allegiance should be said at every Board meeting and every Council meeting and every Committee meeting held in the community. He would rather it be worded different where the person could stand or sit and keep silent which he felt would be more palatable for someone who is not a citizen. He kind of agreed that maybe it should be a requirement that a person be a citizen of the country in order to serve on Boards, Committees, Commissions, Legislatures, and Senates in the country but it is not, so he has a concern on whether they should mandate that a person who is not a citizen and who is allowed to be on the Board, have to say the Pledge of Allegiance to the flag. Dr. Pullen clarified his question on the legality would be whether or not they can vote, they can be a citizen of the United States and still not be eligible to vote. Mr. Holmes commented the previous vote stated they did not want to infringe on someone else' s right to pray, but this motion says they have to pledge to the flag. He did not want to be told he cannot pledge the flag and if they want to be respectful to give him the opportunity to pledge the flag, so be it; they are the if. , i ones who have to deal with it. He would like the motion amended so that they do not have to pledge to i..... the flag but was unsure how to word it without infringing on someone' s rights. 1.. . . . f .~ The City Attorney advised her one concern is legislating action that may violate the freedom of speech and whenever the motion says that every member must recite, that is legislating an action. She said those two words are a concern for her and that is based on constitutionality and their freedom of speech. Mr. Holmes moved to amend the motion that each opening ceremony commence with the Pledge of Allegiance. Mr. Garvie seconded the amendment. Regular Council 5- 27 -08 153 AMENDING PROCEDURES FOR ALL CITY BOARDS/ COMMITTEES cont. Mr. Hartwell voiced his agreement with the amendment and it will let people know where they stand by if they stand. Dr. Pullen added when he was in England and when they play " God Save the Queen" you better stand up out of respect for their country. The Mayor called for the vote on the amendment to the motion that each opening ceremony commence with the Pledge of Allegiance and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). The Mayor called for the vote on the motion, as amended, that staff prepare an ordinance that each opening ceremony commence with the Pledge of Allegiance and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). RECESS The meeting recessed at 8: 55 p. m. RECONVENE The meeting reconvened at 9: 05 p. m. PURCHASE SUNGARD PUBLIC SECTOR.INC. ASP OUTSOURCE SOLUTION Pursuant to City of Fort Walton Beach Code of Ordinances, Volume II, Chapter 4, Section 4. 01, Paragraph 4.01. 025 and the Purchasing Policies and Procedures, request authorization to waive the formal bid procedures and award the purchase of SunGard Public Sector ASP outsource solution to SunGard Public Sector, Inc. as stated in the SunGard Public Sector Inc. contract agreement # FTWB- 080553- 1 attached hereto, for a period of one ( 1) year. Further authorize the City Manager to approve the extension of the agreement with up to four ( 4) one- year options, if it is determined to be in the best interest of the City. Dave Jenzen, IT Director, explained the hosted solution from SunGard Public Sector, called ASP Application Service Provider) service, will provide new features and help the City reduce costs of the system. He went over the initial start up cost and the cost savings the city will realize over a five year period by outsourcing the mM system, SunGard Public Sector software and staff time. He said it is a fairly large project that will be phased in over six months to switch over the first of the year. He requested Council approve the request to purchase SunGard Public Sector, Inc. ASP Outsource Service st Solution for a June 1 implementation date. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. Mr. Minich moved to waive the formal bid procedures and award the purchase of SunGard Public Sector ASP outsource solution to SunGard Public Sector, Inc. for a period of one ( 1) year; and further authorize the City Manager to approve the extension of the agreement with up to four ( 4) one- year options, it is it determined to be in the best interest of the City. Mr. Reeves seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent). FINANCE DIRECTOR RECRmTMENT SCHEDULE Consideration of waiving the Finance Director Recruitment schedule and authorize the Mayor/ City Manager to negotiate with the Interim Finance Director Brandy Wunker for the Finance Director position and to bring back a Resolution and an employment contract for Council consideration. Mr. Holmes moved to waive the Finance Director Recruitment schedule and authorize the Mayor/ City Manager to negotiate with the Interim Finance Director Brandy Wunker for the Finance Director position and to bring back a Resolution and an employment contract for Council consideration. Mr. Minich seconded motion.  Regular Council 5- 27- 08 154 FINANCE DIRECTOR RECRUITMENT SCHEDULE cont. Discussion ensued with an exchange of views with those who believed Ms. Wunker to be qualified for the position and in favor of waiving the schedule in order to move forward with the budget process, and those who wished to continue with the recruitment schedule with City Council to ultimately interview the applicants on the short list recommended by the review Committee, or any other applicant not on the list if Council chose. The Mayor opened the floor for public comment. Kabe Woods, 240 Brooks Street, expressed his view that Council should follow the process to get the best possible candidate. Dean Covey, 270 Brook Street, expressed his view that Council follow the process to look at all the qualified candidates then interview the short list and go from there. Lee McDonald, 10 Ru de Ie Roi Street, expressed his view that Council let the process run its course. There was a question on where the recruitment process stood at this point and the number of applicants on the list. Mark Wiltsie, Human Resource Director, explained there are currently five on the short list and the review committee will have telephone interviews with four, then narrow the list down to three for personal interviews to make a recommendation to City Council, who will then interview the candidates with the benefit of the review committee' s recommendation. Discussion continued with an exchange of views on continuing the recruitment schedule. The Mayor called for the vote on the motion to waive the Finance Director Recruitment schedule and authorize the Mayor/City Manager to negotiate with the Interim Finance Director Brandy Wunker for the Finance Director position and to bring back a Resolution and an employment contract for Council consideration and it carried by a vote of 4 to 3 with Holmes, Reeves, Minich, and the Mayor in favor and Garvie, Pullen, and Hartwell opposed (Miller absent). RESCHEDULE JUNE 10TH COUNCIL MEETING AND WORKSHOP Consideration of rescheduling the June 10, 2008 council meeting and workshop to another date. The Mayor mentioned that the Police Department Re- accreditation award ceremony will take place in Coral Springs on June 11th and Councilmen Garvie and Pullen will be attending the ceremony. He suggested since there will be a quorum that the regular Council meeting not be changed but because the workshop is on the golf course that it be rescheduled to another date. Mr. Minich moved to reschedule the golf course workshop to another date, to be determined by staff as soon as possible. Mr. Garvie seconded motion. It was questioned whether there would be a conflict with any of the golf course rate adjustments. J.. i......:. st The Interim Finance Director confirmed the rates will not be changed effective June 1 and the current