Fort Walton Beach Council agenda — 04-10-2007 workshop agenda — reading text

CITY OF FORT WAL TON BEACH City Council Workshop Agenda - April 10, 2007 - 5:30 P.M City Council Chambers 107 Miracle Strip Parkway, SE Fort Walton Beach, FL 32548 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Anderson I WORKS!iOP AGENDA 00 1. General Public on items of City business. ( No Backup) 2. Update on Communication Services Tax Issue ( Franchise Attorney Suzanne Brownless) ( No Backup) 3. Discussion on goals, responsibilities and duties of City Council Members. ( Council Member Pullen) ( See Backup) 4. Discussion regarding Fairgrounds Lease Negotiations. ( Council Members Minich and Reeves) 5. Discussion on specific location of new courthouse on the property at 1940 Lewis Turner Boulevard. Council Members Miller and Reeves) ( See Backup) 6. Discussion on Board and Committee Appointments for 2007. ( City Clerk) ( See Backup) 7. Discussion regarding the process for Council Requests for Information. ( Mayor Anderson) ( See Backup) ADJOURN Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (FS286.0105). The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen Spencer at 850-833-9509 to make a request. For Hearing Impaired dial the City Hall TDD #850-833-9925 or 1- 800-955-8771 ( TOO) or 1- 800-955-8770 ( Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  CITY COUNCIL WORKSHOP Workshop Agenda General Public on items of City business Agenda Item Number: WA- 1  CITY COUNCIL WORKSHOP April 1 0, 2007 Workshop Agenda Communications Services Tax - Update Franchise Attorney, Suzanne Brownless) r Agenda Item Number: WA- 2  Workshop We are governed by the Sunshine Law & Government in the Sunshine - open government - anyone can attend any meeting. Public Records Law requires that all records made or received in connection with the transaction of official business by any public body, officer, or employee of such, be open for public inspection and copying, unless there is a statutorily created exemption making such records confidential or exempt from disclosure. Everyone took an oath to enforce laws which includes City Ordinances. City Ordinances are in effect until changed by Council. Making a motion to violate a city Ordinance could be considered misfeasance. The Charter can be changed only by public vote. CHARTER Sec 4 - " all powers of the city shall be vested in a council of seven members". The city is the responsibility of the council. Council members have the right and responsibility to know everything that takes place in the city. Only the council can establish policy and laws. The council can delegate authority, but cannot delegate responsibility. See 5 - In general concerns when Council meets and who can call special meetings Sec 12 - Council or any person designated by council " may investigate the financial transactions of any office or department of the city government and the official acts of any city official." See 13 - Council may appoint City Manager as administrative head. a. Council may appoint Assistant City Manager to serve when City Manager is absent. See 16 - Council, except for purpose of inquiry, cannot interfere with employees but should insure that employees are treated in a proper manner. Sec 17 - The City Manager is to see that all laws ( including ordinances) are enforced impartially this means all and immediately. If code enforcement is done selectively code enforcement could be placed in jeopardy. The city could be sued because of selective enforcement action. Sec 18 - City Manager and Department heads may participate in council meetings. I think if information is being presented by staff it should be complete, it should cover all pro and cons, it should not be slanted. Then a recommendation can be made. The recommendation should not violate any laws. This should help the council make an informed decision. Sec 19 & 55 - Council establishes all departments, sub- sections, boards and committees.  a. Some boards when established have duties defined by state law, ( ex. Municipal Planning Board, CRA Board, Code Enforcement Board, Board of Adjustments). Committee duties and responsibilities are defined by local ordnances. b. These boards and committees work directly for council, they receive support from the city staff. This is in contrast to the city staff who work for the council through the City Manager. Sec 20 - Head of departments - See Sec 13. Sec 53 - It appears that the Charter establishes a system of checks and balances by appointing Charter Officers, Le., City Clerk, City Attorney, and Finance Director, City Manager, and by setting forth the specific responsibilities of those officers. Sec 56 - Emoluments other than regular compensation is prohibited. No member of the councilor officer or employee of the city shall directly or indirectly receive from the city any compensation, emolument or other thing of value. Any violation of the provisions of this section shall be a misdemeanor. example - free use of the golf driving range) Workshops - No agenda necessary ( which was established by motion when these regular Tuesday workshops were established). A binding vote cannot be taken although a consensus may be established. 1st to be recognized is the public.  CITY COUNCIL WORKSHOP April 1 0, 2007 Workshop Agenda Discussion on goals, responsibilities and duties of Council Members Council Member Pullen) Agenda Item Number: WA- 3  VOLUME I CHARTER Section Page Title I ESTABLISHMENT 1 Municipality Established 3 Validation of ordinances. property riahts. liabilities. etc. Title" LEGISLA TIVE 4 Creation and composition of council 4A Limit on number of tenns of citv council 48 Fillina vacancies in the city councilor in the office of mayor 5 Reaular and soecial meetinas of council 6 Election of mayor and mayor pro tem; aeneral duties of m~'lor 7 General Dowers and rules of council 8 Qu OIU m" compellin a attendance of members 12 Investiaations oftransactions of departments and officials Title /II ADMINISTRA TION 13 Citv manaaer; actina manaaer: assistant manaaer: aDDointment aualifications salaN 14 Citv manaaer: responsibilitv: powers ofaDPointment and removal 15 Removal of officers and emplovees: civil service emDlovees' Drocedure 16 Council not to interfere in appointments or removals: violation a misdemeanor forfeiture of office 17 Duties of manaaer 18 Manaaer' s and officer's riaht to participate in coun cil meetinas 19 Administrative deDartments 20 Deoartments to be supervised bv a director Title IV FINANCE PROCEDURES 21 Deoartment of finance and administration" director 22 Department of finance and administration: division of audits and accounts 23 Department of finance and administration; division of treasu N 52 Suretv bonds reauired of officers and emplovees 53 Citv officers' aooointment and compensation 55 Consolidation of offices and deoartments 56 Emoluments other th an reQular compensation prohibited: exception Title V MISCELLANEOUS PROVISIONS 57 Oath of Office 58 Continuance of present officers VoIumel- 1  TITLE I ESTABLISHMENT Section 1 Municipality established The present municipality of the City of Fort Walton is hereby abolished and in the place of the same municipality there is hereby created and established a municipality under th e name of Fort Walton Beach within the territorial boundaries of the said City of Fort Walton as now established or as there may hereafter be established, the said Fort Walton Beach to succeed to and take the place of the abolished City of Fort Walton. The municipal corporation hereby established and created shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be impleaded in all matters vvhatsoever. Section 3 Validation of ordinances, property rights, liabilities, etc. All iS, resolutions and ordinances iS, by- la\'\ la\'\ lawfully passed and in force in the Town of Fort Walton under its former charter, not in conflict or inconsistent with the provisions ofthis charter, shall remain in force until repealed or altered in accordance with the provisions of this act. All rights, actions, prosecutions, contracts, and pOW'er and property of every description vvhich W'ere vested in it are vested in it under the charter herein provided for, as though there had been no change in form of govemment, and no neglect or liability, either in favor of or against the to\M1, and no suit or prosecution of any kind, shall be affected by such change, unless expressly provided by the terms of this act.