Fort Walton Beach Council minutes — 12-13-05 Regular — reading text

LIMITATIONS; AMENDING SECTION 2- 57 (b), TERMS OF MEMBER; LIMITATIONS, TO CORRECT INCONSISTENCY CODE ENFORCEMENT BOARD MEMBER REGARDING TERM LIMITATION; AMENDING SECTION 20- OFFICERS; QUORUM; RULES OF PROCEDURE FOR 65 (a), MUNICIPAL PLANNING BOARD, TO DELETE TERM LIMITATION FOR CHAIRPERSON AND VICE- CHAIRPERSON OF THE MUNICIPAL PLANNING BOARD; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. The Mayor asked Council to consider changing the effective date to apply to the next chairman of the MPB if the ordinance is adopted. Dr. Pullen moved to adopt Ord. 1684 on second reading. Mr. Tucker seconded motion. I"" Mr. Hartwell stated his feeling the ordinance corrects an inconsistency within the MPB only, and that the ordinance be amended to address all the boards and committees in order to obtain consistency. Mr. Hartwell moved to amend the motion to state that the terms of the chairman for all boards and committees is one calendar year, and the term limit for all members of all the boards and committees is unlimited. Mr. Tucker seconded motion. The City Attorney reminded that the ordinance is on second reading, and explained that if the amendment were to be adopted, the ordinance would have to go back to first change is substantive. reading as the 52 12/ 13/ 05 ORD. 1684 (CONT) Discussion ensued regarding the consistency issue; the proposed amendment to the ordinance; and that if the amendment was approved; the ordinance would come back for first in reading January. Mr. Tucker withdrew his second. Mr. Minich advised that according to Roberts Rules of Order, once a motion is on the floor it belongs on the table and cannot be withdrawn. Mr. Tucker moved to suspend Roberts Rules of Order for this item. Dr. Pullen seconded motion and it carried by a vote of 5 to 2 with Holmes, Patterson, Tucker, Pullen, and Hartwell in favor and Campbell and Minich opposed. Mr. Tucker withdrew his second. The Mayor asked for a second to the amendment. As there was none, the amendment died for lack of a second. The Mayor asked for a motion to reinstate Roberts Rules of Order. Mr. Tucker moved to reinstate Roberts Rules of Order. Mr. Minich seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Discussion ensued regarding the function of a chairman of a board is to run the meeting; that all individuals should be given the opportunity to serve as a chair for a board or committee; that the boards have the opportunity to choose a new chair each year if they feel he or she is not doing the job; and the opinion of some on Council that the ordinance gives preference to certain individuals of the MPB. Dr. Pullen took offense to the statement that he or the chairman of the MPB have a personal agenda and that preference is given to that particular board. Dr. Pullen also noted that other boards have elected the same chairman several times, and Council should not try to " micro- manage" the individual boards and committees. The City Attorney clarified that the effective date of the ordinance would be the date it is adopted by Council. The Mayor called for the vote on the motion to adopt Ord. 1684 on second reading and it failed by a vote of 3 to 4 with Patterson, Tucker, and Pullen in favor and Holmes, Campbell, Hartwell, and Minich opposed. Mr. Tucker expressed his thoughts that the Sunshine Law prevents effective communication among the boards and that it " chokes" municipal government at its lowest level. ORD. 1686. GENERAL EMPLOYEES RETIREMENT PLAN The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE GENERAL EMPLOYEES' RETIREMENT PLAN; AMENDING SECTION 17- 13 TO PROVIDE FOR A ONE-TIME ELECTION TO PARTICIPATE IN THE PLAN FOR NONMEMBERS; AMENDING SECTION 17- 14 TO PROVIDE FOR THE PURCHASE OF SERVICE CREDIT FOR PAST SERVICE WITH THE CITY; AMENDING SECTION 17- 23 TO PROVIDE FOR THE DIRECT  I 12/ 13/ 05 53 ORD. 1686 ( CONTI TRANSFER FROM ELIGIBLE 457 PLAN TO PURCHASE PAST SEVERABILITY CLAUSE; REPEALING ALL SERVICE; PROVIDING A ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mark Wiltsie, Human Resources Director, explained that the ordinance who have not participated in the I"""" would allow employees program for whatever reasons the service if they pay the full actuarial ability purchase past credited to value, and neither the additional costs. City or the plan would incur any The Mayor opened the public hearing. As there was none, the public hearing was closed. Mr. Tucker moved to adopt Ord. 1686 on first reading. Mr. Holmes seconded carried motion and it unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Minich in favor. Hartwell, and ORD. 1654- REZONING PROPERTY AT 1988 AND 1992 The City attorney read the ordinance LEWIS TURNER BLVD. by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, REZONING OF CERTAIN PROPERTY FLORIDA, RELATING TO THE WITHIN THE CITY OF FORT WALTON LOCATED AT 1988 AND 1992 LEWIS BEACH TURNER BOULEVARD; PROVIDING FOR PROVIDING FOR FINDINGS OF FACT; AUTHORITY; PROVIDING FOR PROPERTY TO BE REZONED P- 1 ( PROFESSIONAL FROM OFFICE) DISTRICT TO HC ( HIGHWAY PROVIDING FOR A ZONING MAP COMMERCIAL) DISTRICT; AMENDMENT; PROVIDING FOR PROVISIONS; PROVIDING FOR SEVERABILITY; AND CONFLICTING PROVIDING FOR AN EFFECTIVE DATE The City Attorney announced a quasi-judicial proceeding and swore in those who testify. planned to Mr. Mitchell explained the request and that the Municipal Planning Board their November 3, 2005 approved the request at meeting. The Staff Report was entered and accepted into the record. Dr. Pullen advised he attended the CRA meeting when this item was discussed. Mr. Campbell moved to adopt Ord. 1654 on first reading. Mr. Holmes seconded motion it carried and unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, Minich in favor. and REGULAR AGENDA-GENERAL PUBLIC Millie Thrush, 316 Sudduth Circle, advised she attended the of the Emerald Coast Authority last week and there was an announcement that meeting a public charette would be Bridge held on January 26, 2006, and asked Council to attend and stand of Hollywood Blvd. Ms. Thrush strong against a bridge on the east end explained that a recommendation would be in March Authority as to where a bridge should be located. The by the more details on the City Manager advised she will send Council subject. Mr.