Fort Walton Beach Council agenda — 06-17-08 special agenda — reading text

BeachBeach adheresadheres toto thethe Americans Americans withwith Disabili-Disabili- tiesties ActAct andand willwill makemake reasonablereasonable modificationsmodifications forfor accessaccess toto thisthis meetingmeeting uponupon request.request. PleasePlease callcall thethe CityCity ClerkClerk HelenHelen Spencer Spencer atat 950950 - - 833-833- 95099509 toto makemake aa request.request. ForFor HearingHearing Impaired Impaired callcall thethe CityCity HallHall TDDTDD # # 833.833. 9925,9925, oror 11- - 800-800- 955955 - - 87718771 LTDDjLTDDj , , oror 1-1- 800.800. 955955 - -8777087770 ( ( Voice).Voice). Publication date: Saturday, June 14, 2008 RequestsRequests mustmust bebe re-re- ceivedceived atat leastleast 4848 hourshours inin advanceadvance ofof thethe meetmeet - - inging inin orderorder toto allowallow thethe CiiyCiiy timetime toto provideprovide re-re- questedquested service.service. HELEN HELEN A.A. SPENCERSPENCER CITYCITY CLERKCLERK LegalLegal 44214421 JuneJune 14,14, 20082008 I: \LEGALS \COUNCI L\ 2008 \06- 17 -08. DOC  Page 1 of 1 Helen Spencer From: Joyce Shanahan Sent: Wednesday, June 11, 2008 10:53 AM To: Bill Garvie - wgarvie@aol.com; Dennis Reeves; Jim Hartwell (4eagles@cox.net); Mike Anderson; Mike Holmes ( mikeycmat@aol. com); Mike Minich; Toni Craig; Virgil Miller; Wayne Pullen - aapullen Cc: Helen Spencer; 'Carole Jones'; Missy McKim; John Hofstad Subject: Special Meeting - June 17th Good Morning All: With the requirement that the ordinances need an affirmative action of a majority of council; I plan to include on that agenda ordinances 1756, 1768, 1764 for the Special Meeting for June 17th with the Golf Club info. That way, we' ll stay on 24th. track for second reading of those ordinances on June The City Clerk will need to advertise by Friday, June 13th for second reading of those ordinances on June 24th Please contact me should you have any questions. Thank you. Joyce Shanahan City Manager City of Fort Walton Beach. FL Phone: 850 -833 -9504 Fax: 850 -833 -9640 Cell: 850 -803 -9621 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e- mail address and communications may therefore be subject to public disclosure. 6/ 11/ 2008  Page 1 of 2 Helen Spencer From: Mike Anderson Sent: Wednesday, June 11, 2008 8: 26 AM To: Toni Craig; Mike Minich; Mike Holmes; Dennis Reeves; Jim Hartwell; Wayne Pullen - aapullen; Bill Garvie; Virgil Miller; Helen Spencer Cc: coveycd @cox.net; Missy McKim; Samantha Abell; John Hofstad Subject: RE: Mistake Made Last Night on Vote Required for Ordinances Since we set June 17 as a Special Meeting, could we vote on these ordinances then? This way we could avoid meeting in July and give Staff the break we have scheduled for them. Mike A. From: Toni Craig [ mailto: tonicraig@cox. net] Sent: Wed 6/ 11/ 2008 07: 50 AM To: Mike Anderson; Mike Minich; Mike Holmes; Dennis Reeves; Jim Hartwell; Wayne Pullen - aapullen; Bill Garvie; Virgil Miller; Helen Spencer Cc: coveycd@cox. net; Missy McKim; Samantha Abell; John Hofstad Subject: Mistake Made Last Night on Vote Required for Ordinances Mayor and Council, I apologize for this inconvenience, however, we made a mistake last night on the votes for, if my recollection and notes serve me, three ordinances (Land Development Code, Stormwater Utility, and Yappy Hour). We will have to take them to a third reading. Section 8 of the City Charter, " Quorum; compelling attendance of members" states: A majority of the members elected to the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time to compel the attendance of absent members, in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of the members elected to the council shall be necessary to adopt any ordinance, resolution, order or vote, except that a vote to adjourn or regarding the attendance of absent members may be adopted by a majority of the members present. No member shall be excused from voting, except on matters involving the consideration of his own official conduct, or when his financial interests are involved." Therefore, when the vote on Ordinances 1756, 1768, and 1764 resulted in a 3 -1 vote, the motions failed for lack of an affirmative vote of all four council members present. Thanks to Mr. Covey for bringing this to my attention last night. Mrs. Spencer, please confirm that these three ordinances had a 3 -1 vote and, as your office' s time permits, also research all votes of the Council and let me know if we have had any other 3 -1 votes, on anything, since July 2003. Ms. Shanahan, can we work the third reading of these items into a July special meeting? I will be compiling a chart of other special vote requirements to use as a reminder! It takes a village to raise an attorney. 6/ 11/ 2008  Page 2 of 2 Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig.info Attorney for City of Fort Walton Beach i fit: Under Florida law, e- mail addresses are public records. If you do not want your e- mail address released in response to a public - records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 6/ 11/ 2008  Page 1 of 2 Helen Spencer From: Toni Craig [tonicraig @cox.net] Sent: Thursday, June 12, 2008 10: 53 AM To: Helen Spencer Subject: Ordinances -17th Helen 2nd I take it that you mean: 1St reading on the 17th and they have been advertised for reading to be heard on the 24th? From: Helen Spencer [ mailto: hspencer@fwb.org] Sent: Thursday, June 12, 2008 9: 21 AM To: Toni Craig Subject: RE: Now, I have myself confused Toni I pulled Ordinance 1756 from the 2nd reading advertisement due to substantial changes. It will be heard for 1St reading on the 24th. Ordinances 1768 and 1764 will be heard for J'. 7reading on the 17th and they have been advertised for 2nd reading to be heard on the 4nd that advertisement will be in the paper on 6- 13 -08. So I think everything is OK now. Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850- 833 -9640 -Fax hspencer` ` fwb. org Original Message---- - From: Toni Craig [ mailto:tonicraig@cox.net] Sent: Wednesday, June 11, 2008 11: 03 AM To: Joyce Shanahan; Helen Spencer Subject: RE: Now, I have myself confused The City Clerk will advertise for June 24th as 2nd reading, correct? YES. Thank you. From: Joyce Shanahan [ mailto :jshanahan @fwb. org] Sent: Wednesday, June 11, 2008 10: 50 AM To: Toni Craig; Helen Spencer Subject: RE: Now, I have myself confused Is it Monday, AGAIN...... uggggh! F) Let' s see.... YES to Special Meeting, NO to workshop. YES to Golf Club, NO to Charter Review YES to 1756, 1768, 1764 I will add your note to Charter review for the future when we discuss that item again. The City Clerk will advertise 6/ 12/ 2008  Page 2 of 2 for June 24th as 2nd reading, correct? Thanks for all the help. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850 -833 -9504 Fax: 850- 833 -9640 Cell: 850 -803 -9621