Fort Walton Beach Council agenda — 06-12-2007 regular agenda — reading text

support of ordinance 1724 that would allow a 170' flag pole and expressed it would add to the values of the community and bring a sense of pride to see an American flag flying over the City. Bill Patterson, 35 Anastasia Drive, spoke against a 170' flag pole because of the height issue and suggested instead that five bronze statutes be put up as a monument for the Marine Corps, Navy, Air Force, Army, Coast Guard, with a beautiful fountain at the foot of a 70' flag pole and call it the Fountain of Freedom. Peter Doherty, 7 Anastasia Drive, spoke in favor of the change in the Code to allow a 170' flag pole and expressed there is nothing harmful about a flag pole. Gary Paulzak, 171 Eldredge Road, spoke in favor of the change to the Code to allow a 170' flag pole and expressed that codes are made to change with the times. Buddy Carter, 5 Buckingham Way, Shalimar, spoke in favor of a 170' flag pole and expressed it would stand out not only to the residents but to the visitors to the area and the code needs agreed to be changed. Nitsi Bennet, 101 Methodist Street and tenant at Uptown Station, spoke in favor of the ordinance that would allow a 170' flag pole and encouraged Council to it.support Patrick Doherty spoke in favor of a 170' flag pole and expressed it is something the City and all the people would enjoy year round. Bill Patterson, 35 Ana.stasia Drive, expressed concern on the wind velocity the flag pole would withstand. Rachael Frazier, 1147 Patriot Court, spoke in favor of a 170' flag pole and expressed as a military spouse it would speak strongly of their heritage. Bill Walter, 320 Smith Drive, expressed the flag does not belong to the military, it belongs to all. Regular council 5- 22- 07 293 QRD. 1724 cont. Ramon Collado, owner of Haskin- Robbins at 91 Eglin Parkway NE, spoke in support of a 170' flag pole and expressed as an active duty sergeant in the Air Force having been deployed many times that nothing makes them feel better to come home and see the flag, that it should be dedicated to the entire town, not just the military, and displayed with honor. As there was no one further who wished to speak, the public hearing was closed. Mr. Miller moved to adopt Ord. 1724 on first reading. Mr. Holmes seconded motion. Discussion included views in support of the ordinance to allow a 170' flag pole and a view in opposition to the ordinance with the concern expressed that the height will interfere with the mission of Eglin and it did not include the restrictions suggested by Eglin. The question was asked of the City Attorney, since the Municipal Planning Board did not recommend approval of the Ordinance, if Mr. Odom would have to go back before the Municipal Planning Board to get permission to build the flag pole if the ordinance is adopted. The City Attorney answered that the Application for Conditional Use would have to go back before the Municipal Planning Board. The question was asked if Council could do anything so that Mr. Odom can come directly to Council. The City Attorney explained that would set up an entirely new in the Code for single family process to circumvent site plan review or some of the other exceptions residences, and that is not within the purview of what is set out in the ordinance at this time. t.,,, The Mayor Pro Tern called for the vote on the motion and it carried by a vote of 4 to 1 with Holmes, Miller, Reeves, and Garvie in favor and Pullen opposed ( Hartwell absent). CONSULTING SERVICES FOR STUDY OF ALTERNATIVE DELIVERY METHODS Staff Council authorization to award consulting services for a Study of Alternative Delivery requests Methodologies for City Services ( RFP 07- 117) to the top ranked firm, Management Advisory Group Inc., of Tallahassee, FL for a fee not to exceed $ 67, 500. 00. John Hofstad, Utilities Director, explained the item is a continuation of Council direction to explore the feasibility of contracting out city services in an effort to improve the efficiency and effectiveness of City government. Staff requests authorization to award the RFP for consulting services for a study of alternative delivery methodologies for city services to the top ranked firm, Management Advisory Group. It was questioned whether money could be saved if fire services were not included in the study. The City Manager noted staff could negotiate the final scope of services if Council wished to take out fire services. The Mayor Pro Tem opened the floor for public input. Lee Bobo, 38 Memorial Parkway, questioned spending money for a firm to tell the City how to better deliver services. As there was no one further who wished to speak, public input was closed. Mr. Holmes moved to award RFP 07- 117 consulting services for a Study of Alternative Delivery Methodologies for City Services to the top ranked firm, Management Advisory Reeves seconded Group Inc. of Tallahassee, Florida for a fee not to exceed $ 67, 500. 00. Mr. motion. In response to the question on how the study would be funded, the City Manager explained, if the item is approved, contingency funds would be used and then at the end of the fiscal year a budget amendment would be necessary.  Council 5- 22- 07 294 Regular CONSULTING SERVICES FOR STUDY cont. The Mayor Pro Tem called for the vote on the motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, and Pullen in favor (Hartwell absent). Mr. Miller moved to exclude fire services from the study. Dr. Pullen seco1(ded motion and it carried, unanimously with Holmes, Miller, Reeves, Garvie, and PU,IIen in favor ( Hartwell absent). ACTING CITY MANAGER Consideration of a request to appoint a Charter Officer as Assistant City Manager. Duties: to a~ t as City Manager in the absence of the City Manager. Dr. Pullen noted the Charter states Council cannot tell staff what to do and staff does not have authority of a Charter Officer. He believed in the absence of the City Manager that Council should name a Charter Officer as an Assistant City Manager. The City Attorney read the section of the Charter which gives Council authority to appoint an Assistant City Manager. Dr. Pullen moved to appoint Charter Officer Helen Spencer, City Clerk, to act as Assistant City' Manager in the absence of the City Manager. Mr. Garvie seconded motion. Mr. Holmes moved to amend the motion to strike the words Helen Spencer, City Clerk, and substitute Senior Charter Officer, excluding the City Attorney. Motion to amend died for lack of a second. Mr. Miller moved to amend the motion to strike the words Helen Spencer, City Clerk, and substitute the most experienced Senior Charter Officer with the City of Fort Walton Beach, excluding the City Attorney. Mr. Holmes seconded motion to amend and it carried unanimously with Holmes, Miller, Reeves, Garvie, and Pullen in favor ( Hartwell absent). ' The Mayor Pro Tem called for the vote on the motion, as amended, to appoint the most experienced Senior Charter Officer with the City of Fort Walton Beach, excluding the City Attorney, to act as the Assistant City Manager in the absence of the City Manager and it failed by a vote of 3 to 3 with Miller, Garvie, and Pullen in favor and Holmes, Reeves, and Minich opposed. Dr. Pullen requested a Point of Parliamentary Procedure on the Mayor Pro Tem casting a vote. The Mayor Pro Tem made the ruling that he has the right to vote. He said he has not exercised the right until this time verbally or in any other way because it would not have made a difference but he does has that right and he exercised it at this time, caused a tie and a tie fails. . A point of clarificationwas requested of the City Attorney. The City Attorney stated there has always been a question because the Mayor has all rights and privileges except for the right to vote, the Charter outweighs Roberts Rules of Order, but what is being asked is whether or not a Councilmember sitting in the position of Mayor Pro Tem should be stripped of the right to vote. She said there was a point of order, there was a clarification on the parliamentary procedure and if there is a disagreement with the ruling of the parliamentarian, who is the Chairman at this time, it would require a motion to resolve and a two- thirds vote. She believed that would be the appropriate way because she cannot give a straight answer. RECESS The meeting recessed at 9: 00 p. m. RECONVENE The meeting reconvened at 9: 05 p. m.  Regular Council 5- 22- 07 295 CO- COUNCIL ON O' DANIELS V. CITY AND DEP ADMINISTRATIVE HEARING Request for authorization to retain Suzanne Brownless. as co- counsel for the Division of Administrative Hearing Case 07- 954, O' Daniels v. City of Fort Walton Beach. The City Attorney explained the need for co- counsel that has Administrative Hearing experience and the need for an expert in the case to do studies. The Mayor Pro Tem opened the floor for public input. As there was none, public input was closed. J Mr. Garvie moved to authorize the City Attorney to retain Suzanne Brownless as co- counsel for the Division of Administrative Hearing Case 07- 954, O' Daniels v. City of Fort Walton Beach. Mr. Reeves seconded motion and it carried with Holmes, Miller, unanimously Reeves, Garvie, and Pullen in favor ( Hartwell absent). MAYOR/COUNCIL ANNOUNCEMENTS Dr. Pullen received a brief status report on the Sewage Treatment Bond issued in 2005. Mr. Miller moved that the City negotiate a contract with the Finance Director and the. City Clerk.