Fort Walton Beach Council minutes — 01-13-09 regular minutes — reading text

adopt Ord. 1790 on first reading and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. RECESS The meeting recessed at 8: 23 pm. RECONVENE The meeting reconvened at 8: 30 pm. RES. 2009 -4 - UPDATE COST ALLOCATION PLAN The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS TO PAY FOR UPDATING THE COST ALLOCATION PLAN; AND PROVIDING AN EFFECTIVE DATE. . The Finance Director stated the last update of the Cost Allocation Plan was done in 2001, and due to the organizational restructuring that has occurred since the last Cost Allocation Plan was prepared, staff recommends completing a new allocation plan prior to preparing the FY 2009 -10 budget. She continued that Staff planned to prepare the study in-house, but received an unsolicited letter from Maximus in October offering to prepare the study for a flat fee of $ 10, 500, and that Staff feels that the objectivity of an outside party performing the study, as well as the time and expertise, warrant the use of an outside vendor to perform the study. Discussion ensued regarding the allocation of funds between the general and enterprise funds; that the study needs to be completed before an actual cost to the taxpayers can be determined; that the cost of $10, 500 for the study is within the discretion of the City Manager; and the funding for the study is coming from undesignated fund balance.  Regular Council meeting 1 - 13 -09 100 RES. 2009 -4 cont. The City Manager explained that an outside contractor is more beneficial than doing the study in -house due to the time it takes to obtain the data, that the City does not have the accounting staff to handle the study, and an independent third party opinion is needed to justify the cost transfers from the enterprise to the general fund. She further explained that barring major organizational changes, the results of the study are good for three to five years. The Mayor opened the floor for public input. As no one wished to speak public input was closed. Mr. Minich moved to approve Res. 2009 -4. Mr. Garvie seconded motion. An exchange of views was shared by Council regarding whether the study should be funded from budget items rather than from the undesignated fund balance. The City Manager corrected, for the record, that police vehicles were not purchased from the City' s savings account earlier this evening, as was stated, rather, the Police Department had $ 40, 000 budgeted for the purchase, the vehicles cost $ 41, 000, and the Police Department used $ 1, 000 from their department operating funds for the purchase of the vehicles. The Mayor called for the vote on the motion to approve Res. 2009 -4 and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. RES. 2009 -1- AMEND BUDGET FOR CODIFICATION OF LDC The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BUDGET TO MAKE CERTAIN AMENDMENTS TO APPROPRIATIONS OF CITY FUNDS TO PAY FOR CODIFICATION OF THE LAND DEVELOPMENT CODE; AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed Mr. Minich moved to approve Res. 2009 -1. Mr. Reeves seconded motion. Mr. Miller moved to amend the motion in Section 2 to replace the language ` undesignated fund balance' to reallocation within the general fund balance.' Motion died for lack of a second. The City Manager advised a motion was not needed to do that as she has the authority as City Manager to transfer line items within the general fund, but if it is Council' s direction to do that a motion would be needed and seconded, but a motion would not be needed on the budget itself because the resolution would be moot. Mr. Miller moved to amend the recommendation in the Staff report to state that the ` City Manager has authority to reallocate funds within the budget.' Motion died for lack of a second. The City Manager explained to Mr. Miller that what is being requested through the resolution is authorization to take money not already in the budget from the City' s savings account, known in the accounting industry as undesignated fund balance, into the General Fund budget. Upon further discussion, Mr. Minich called a point of order, stating discussion is straying away from the motion on the floor, which is to adopt Res. 2009 -1. The Mayor called for the vote on the motion to approve Res. 2009 -1 and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. FUTURE AGENDA ITEMS The City Manager advised the report requested on the Northwest Florida Transportation Authority will be distributed to Council this coming Friday. Regular Council meeting 1 - 13 -09 101 CONSIDERATION FOR THE APPOINTMENT OF AN ACTING CITY MANAGER Consideration of appointment of an Acting City Manager. Mr. Holmes moved to appoint Mark Wiltsie, Human Resources Director, as the Acting City Manager. Mr. Garvie seconded motion. Dr. Pullen called a point of order, stating at the December 22, 2008, special meeting, Council voted to exclude internal applicants for the position of Acting City Manager. The Mayor asked the City Attorney for help with the motion and she suggested the motion be to reconsider the action of December 22 and that would bring it back before Council. Mr. Holmes moved to reconsider the action taken at the December 22, 2008 Special Meeting to exclude internal applicants. Mr. Garvie seconded motion. Mr. Holmes explained his thoughts that although all of the applicants who applied are excellent, the City needs someone familiar with the operations and its staff, and who can take the reins until a permanent City Manager is hired. He expressed concern that staff will be spending time guiding an acting City Manager not familiar with the City operations instead of preparing for a new City Manager. He continued that the City Manager has always appointed Mr. Wiltsie to act on her behalf in her absence and it would be a disadvantage to bring someone from the outside not familiar with the daily goings -on of the City. Mr. Garvie agreed and he was a strong advocate of filling the position internally in the interim. He spoke with many of the applicants for the acting City Manager and many agreed the position should be filled internally. Mr. Minch stated his support of the motion, stating the disruption to staff and the fact that three new Council members will be elected in March and staff needs to begin that process. Mr. Hartwell stated his confidence in City staff in adjusting to the acting City Manager. He also stated his feeling that taking a Department Director out of their job to act as City Manager would be disruptive. He also stated his feeling that the applicants should have been allowed to speak before the motion was made. Mr. Miller stressed that qualified applicants have applied for the acting City Manager position, that everything is in place for Council to make an appointment, and that Council should not change the decision they already voted on not to appoint a City employee. Mr. Holmes agreed that the applicants are qualified, but noted they do not know the intricacies of the everyday operation of the City, and that many of them live outside of the City and that Council' s first responsibility is to the citizens of Fort Walton Beach. The Mayor stated the motion on the floor is to reconsider appointing an acting City Manager internally. Some discussion was held on whether an internal applicant if appointed could accept or decline or whether it is a forced appointment, and it was noted there are no applicants from Department Directors as they were not given a chance to apply. The Mayor called for the vote on the motion to reconsider appointing an acting City Manager from internal and it failed for lack of a super majority, 2/ 3 vote, with Holmes, Reeves, Garvie, and Minich in favor and Miller, Pullen, and Hartwell opposed. RECESS The meeting recessed at 9: 25 p.m. RECONVENE The meeting reconvened at 9: 34 p.m. The City Attorney confirmed that a super majority vote is needed on a motion to reconsider.  1- 13- 09 Regular Council meeting 102 CONSIDERATION FOR THE APPOINTMENT OF AN ACTING CITY MANAGER cont. Mark Wiltsie, Administrative Services Director, recalled staff was asked to advertise for the Acting City Manager position with the sole requirement the candidate resides within Okaloosa County. He noted the twelve resumes were provided in the backup material and one applicant who resides in Vero Beach was not invited to attend the meeting. The Mayor opened the floor to the applicants in alphabetical order to introduce themselves and provide background information to City Council. The applicants present: Jimmy Bailey, Laurence Huntley, Chuck Keeler, Tony Mallini, Robert Mearns, Ava Myers, Doug Pendleton, James Root, J. D. Taylor. The Mayor opened the floor for nominations on the appointment of an Acting City Manager. Dr. Pullen nominated J. D. Taylor. Mr. Miller nominated Robert Mearns. Mr. Garvie nominated Tony Mallini. The Mayor called for the vote on the nominations in alphabetical order. Vote on the nomination of Tony Mallini failed with Holmes, Reeves, and Garvie in favor. Vote on the nomination of Robert Mearns failed with Miller, Hartwell, and Minich in favor. Vote on the nomination of J. D. Taylor failed with Pullen in favor. The Mayor called for a re -vote on the two candidates with three votes each: Tony Mallini and Robert Mearns. Re -vote on the nomination of Tony Mallini failed with Holmes, Reeves, and Garvie in favor. Re -vote on the nomination of Robert Mearns carried with Miller, Pullen, Hartwell, and Minich in favor. The Mayor announced that Robert Mearns will be the Acting City Manager effective 5: 00 p.m. Friday, January 16, 2009. Mr. Minich moved to authorize the City Attorney and the Administrative Services Director to negotiate an agreement with Robert Mearns, not to exceed $ 8, 000. 00 a month. Dr. Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. The Mayor questioned whether Mr. Mearns would be able to start at 5: 00 p.m. on Friday without a contract until it is brought to City Council. The City Attorney gave her opinion that he could. Mr. Mearns voiced his willingness to accept. REVISED CITY MANAGER RECRUITMENT SCHEDULE Consideration for City Council to approve a revised recruitment schedule for the City Manager search. Mark Wiltsie, Administrative Services Director, pointed out the revised schedule