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

Council have the authority to fire the City Manager or for them to do so, nor any of the Charter Officers, that they do not have to have the door open do they need the idea placed in their heads. Mr. Holmes cited this as very humiliating to everyone and that someone should not be fired on a whim. He stated there is nothing but tossed about and there is no just cause for this discussion. heresy being Mr. Tucker advised he did not wish the discussion to get to this point. However, he noted that on October 10 of last year, he requested an RFP to consider consolidation/ reorganization of the City' s resources, and that the information was received only yesterday from the City Manager. Mr. Tucker informed the information was promised to him on the first of January. He again stated he did not want to up such a petty issue, and that he is only looking at what is in the bring best interest of the City. Mr. Campbell stated he resents a councilmember telling a council- elect how he and/ or she should conduct business of the City, and feels it is an insult to the new Council coming on board. Mr. Campbell stated he would not support this motion. Mr. Patterson stated in order to support a motion such as this, he would have to have just cause and as it stands now, it is only hearsay and he would not support the motion. Mr. Tucker advised he is offering to the new Council the opportunity and choice of accepting the resignation of the City Manager, and noted it is difficult to come in and make a quick decision as to whether to hire or fire someone. The Mayor commented that is exactly what he is asking them to do. Mr. Campbell called for the question and it failed by a vote of 1 to 6 with Tucker in favor and Holmes, Patterson, Campbell. Pullen, Hartwell, and Minich opposed. Mr. Holmes moved that City Council give a vote of confidence to the City Manager. Mr. Minich seconded motion. 226 03- 27- 07 CITY MANAGER DISCUSSION ( CONT) Mr. Holmes stated it is not right to tear down the morale of an individual or of the employees, and he felt like that is what occurred. Mr. Minich again expressed his displeasure with this whole discussion. Chris Gibson, 249 Brooks Street, loudly voiced her opposition for the public not having an opportunity to speak on this issue. The Mayor asked Ms. Gibson to refrain from any further outbursts or he would have her removed from the meeting, and noted that the issue had been voted on and failed, and that a new motion was now on the floor. The Mayor called for the vote on the motion that City Council gives a vote of confidence 0 to the City Manager and it carried by a vote of 5 to 2 with Holmes, Patterson, Campbell, Hartwell, and Minich in favor and Tucker and Pullen opposed. MAYOR/COUNCIL ANNOUNCEMENTS ( CONT) Mr. Tucker extended an invitation to his place of business, The Boat, on Sunday at 1300 hours for a barbeque. Mr. Hartwell questioned the appropriate forum for an investigation into the cause for the the charter the resignation of a City Manager. The City Attorney informed Council that under Council has the right to investigate the affairs of the city upon vote of the Council, and at any time any Council member can make a motion and if passed then the matter can be investigated with the administration. Mr. Hartwell wished to know if that would be equivalent to an executive session where the public is excluded. The City Attorney replied the motion and conversation would never be subject to an executive session, that executive sessions are only for pending litigation which means it has actually been filed. Dr. Pullen wished to know if Council asks for an investigation, if whoever is investigating can take sworn testimony and go into great detail, Council would appoint an investigating officer that who could take testimony. The City Attorney stated under the interpretation of the charter would be subject to the Council' s motion because Council can do an informal investigation, a different to handle investigation depending on the formal investigation, and there are ways an allegations. Dr. Pullen wished to know if Council has the right to fire without cause. The City Attorney replied yes, any of the Charter Officers. ADJOURNMENT There being no further business, the meeting adjourned at 10:40 p. m. APPROVED: MAYOR: ATTEST: o CITY CLERK Ive  227 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 1, 2007 INTRODUCTION A Special Meeting of the City Council of Fort Walton Beach, Florida, was held on Sunday, April 1, 2007, at 1 : 00 p. m. in the Council Chambers at City Hall, with the following members present: 1 Mayor Mike Anderson INCOMING COUNCILMEN: Mike Holmes ( returning incumbent), Virgil Miller, Dennis Reeves, and Bill Garvie. CURRENT COUNCILMEN: Dr. Wayne Pullen, Jim Hartwell ( arrived at 1 : 10), and Mike Minich. OUTGOING COUNCILMAN: Bill Patterson, Bob Campbell ( absent), Jim Tucker (absent). Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Lisa Absher, Finance Director; Toni Craig, City Attorney; and Department Directors. CAll TO ORDER The Mayor called the meeting to order and welcomed everyone. PLEDGE The Mayor led in the Pledge of Allegiance. INSTAllATION CEREMONY The Mayor stated Councilman Hartwell is driving back from Atlanta and has been delayed by the weather, that Bob Campbell is out of town, and Jim Tucker is preparing for the barbeque at The Boat after the installation. The City Attorney conducted the Oath of Office for Mike Holmes, Seat 1; Virgil Miller, Seat 2; Dennis Reeves, Seat 3; and Bill Garvie, Seat 4. PRESENTATION TO OUTGOING COUNCILMEN The City Clerk presented a Waterford crystal clock, a plaque, and a framed check in the amount of $ 4. 00 to out- going Councilman Bill Patterson. Councilmen Bob Campbell and Jim Tucker will receive their presentation at a later date as they were unable to attend this meeting. REMARKS The Mayor and current Councilmen welcomed the in- coming Councilmen and thanked the out- going Councilmen for their service. Councilmen Holmes, Miller, Reeves, and Garvie expressed appreciation for the support they received and look forward to the challenges before them. The Mayor relayed Jim Tucker' s invitation to The Boat for a barbeque following the meeting.  Special Council 4- 1- 07 228 REFRESHMENTS Everyone was invited to partake of refreshments. ADJOURNMENT Being no further business, the meeting adjourned at 1 : 15 p. m. APPROVED: MAYOR: o ATTEST: CITY CLERK ddm o  229 MINUTES OF THE CITY COUNCIL EXECUTIVE SESSION OF THE CITY OF FORT WALTON BEACH, FLORIDA APRIL 2, 2007 INTRODUCTION An Executive Session of the City Council of Fort Walton Beach, Florida, was held on Tuesday, April 2, 2007 at 5: 30 p. m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich. Also Present: Joyce Shanahan, City Manager; Toni Craig, City Attorney; and John Hofstad, Utilities Director. CALL TO ORDER The Mayor called the meeting to order. Pursuant to Section 286. 011 ( 8) Florida Statutes, and other considerations, the City Attorney receive requested that Council adjourn to an Attorney- Client Executive Session so that she may the City Council' s advice concerning the following litigation: Daniels v. City of Fort Walton Beach, Departmentof Environmental Protection, Division of Administrative Hearings Case No. 07 -0954. The transcript of the Executive Session will be made a part of the public record upon the conclusion of the above referenced litigation. EXECUTIVE SESSION The public meeting was recessed to convene the Attorney- Client Executive Session of the Fort Walton Beach City Council, as noticed in the Northwest Florida Daily News on March 31, 2007, regarding the following: Daniels v. City of Fort Walton Beach, Department of Environmental Protection, Division of Administrative Hearings Case No. 07- 0954. RECONVENED The Executive Session was concluded and the public meeting was reconvened at 6: 30 p. m. ADJOURNMENT Being no further business, the meeting adjourned at 6: 30 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  CITY COUNCIL MEETING April 1 0, 2007 Consent Agenda Consideration of a request to award bid # 07- 114, Annual Concrete Bid, to the lowest responsive, responsible bidder, Couch Ready Mix USA, Destin, Fl., for one year; and authorize CM for four one- year extensions Public Works Director) Council Action 1 st 2nd Vote: CA- 2 Agenda Item Number:  MEMORANDUM DATE: April 4, 2007 TO: Joyce Shanahan, City Manager FROM: Thomas Murray, Public Works Director SUBJECT: Bid # 07- 114, Annual Concrete Bid SUMMARY 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 award Bid # 07- 114, Annual Concrete Bid, to the low, responsive,