Fort Walton Beach Council minutes — 11-18-08 regular minutes — reading text

feasibility of the City responding to the RFP and because of certain logistical issues, such as the purchase of additional equipment and the December 31, 2008 start date, Staff does not recommend bidding for Mary Esther' s solid waste services at this time. During discussion it was mentioned that the current City equipment is too large to fit on some of Mary Esther' s narrow streets; there is a lack of City staff to support the endeavor; and it would take anywhere between a year and three years to receive a payback on the investment of City staff and equipment before the City would break even or make money on this endeavor. The Mayor advised no further action is required in regard to this issue. CITY CHARTER DISCUSSION Discussion of amendments to section 53 and 60( b) and ( e) of the City Charter to determine further actions on Charter Review.  59 Regular Council 11- 18- 08 CITY CHARTER DISCUSSION conI. The City Attorney stated this item is the last few sections brought up during the Charter Review and her conclusions. She said on section 53 one of the issues is whether or not they could by ordinance remove the title of Recorder and, perhaps, Finance Director as a Charter Officer. She reported her conclusion is they probably could not do so even though that specific section has actually not been re- adopted since it first went into the Charter in 1953. She explained the problem is that the Statute actually precludes any changes to form of government and changing a Charter Officer would be a form of government. She said they also brought up the issues of the finance procedures and the reporting relationship of the Finance Director to the City Manager. She said those three paragraphs in the Charter have archaic language and are no longer really in effect because that is not the way the Finance Department is set up. She said if they were looking at those independently, they might be able to change those by ordinance, again, because they have not been re- adopted since they were initially adopted in 1953 and they would be items that would have been changed into an ordinance whenever the Home Rule Power Statute came in; however, because they have the language that the Finance Director works under supervision and control of the City Manager, that brings in the issue of the Charter Officer role of the Finance Director as well. She said if Council wants to move forward on changing the Charter regarding the Finance Director and those finance procedures, she would ask for authorization to get a review by the Florida Attorney General to see if her conclusions are right. She explained the main reason is because of the interplay of the language in the finance procedures and the Charter Officer role. The City Attorney mentioned on section 60, Elections, she did not find any conflicts with Florida Statutes. She said the question was raised whether or not Council could change the qualifying fee and that is set by ordinance, not set by the Charter, so Council can change that if they choose to and the only limit is they cannot go over $ 50. 00 because the Charter does say up to $ 50. 00. The City Attorney said the issue on the canvassing board and when it meets would require a referendum. The City Attorney requested direction on changing sections 53, 21, 22, and 23. The Mayor opened the floor for public input. No one wished to speak. Mr. Hartwell moved to authorize the City Attorney to seek an opinion from the Florida Attorney General' s office regarding amendments to Section 53, 21, 22, and 23 of the City Charter and report to Council. Mr. Garvie seconded motion. Council questioned the time frame and cost. The City Attorney estimated her fee at approximately 250. 00 for 2 % hours to draft the request to the Attorney General which would be done before mid- December and the Attorney General opinions are usually put out within 30- 45 days. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor and Miller opposed. RESCIND CENSURE OF COUNCIL MEMBER PULLEN Discussion regarding a request to rescind the censure of Council Member Pullen to permit him to talk to the Finance Director. Mr. Miller moved to rescind the censure of Council member Pullen to permit him to talk to the Finance Director. Mr. Hartwell seconded motion. The City Attorney mentioned the last time Council handled a rescission of a vote it was based on notice and this motion was made without any notice because a notice has to be given at a public meeting, and it would require a unanimous vote of City Council to pass it. 60 Regular Council 11- 18- 08 RESCIND CENSURE OF COUNCIL MEMBER PULLEN cont. The City Attorney further explained whenever they rescind a vote without any notice that they are going to make the motion to rescind the vote, it requires a unanimous vote of the body to pass the motion to rescind. The Mayor noted it was not published as a motion; it was published as a discussion item only. The City Manager commented she had discussion with the City Attorney before she put the item on the agenda and it was the City Attorney' s recommendation it be put on as a discussion item because the last time they had a rescission motion Council publicly discussed the matter about whether or not they wanted to rescind it and at the next meeting actually voted on it. Mr. Miller stated his intent was to have a motion, not to discuss it. Mr. Hartwell withdrew his second to the motion. Mr. Minich seconded motion. Discussion ensued with expressions of disagreement and agreement with the censor placed on Dr. Pullen. The City Attorney corrected her previous statement that it would require a unanimous vote and said it would require a 2/ 3 vote of City Council, 5 votes, to pass the motion. The Mayor called for the vote on the motion and it failed by a vote of 3 to 4 with Miller, Garvie, and Hartwell in favor and Holmes, Reeves, Pullen, and Minich in opposed. OTHER CITY BUSINESS FOR DISCUSSION PURPOSES Dr. Pullen distributed figures he received regarding his request for the salaries and compensation of various members of City staff, and questioned the accuracy of the figures that were given at different times. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Miller stated he thought long and hard about bringing up the issue to remove the censure on Dr. Pullen, but wanted people to decide for themselves. Mr. Garvie advised he attended the WFRPC meeting where the EPA revolving loan fund was discussed, which involves funding for our area to be used for brownfield cleanup. Mr. Garvie advised he was nominated to be a member of a group to decide how the funding would be disbursed, and pointed out that if they were to receive an application for funding in areas of the commerce and technology park, he would have to recuse himself from voting since the entire park has been designated a brownfield area. He also advised he is turning this information over to the City Attorney to determine whether he can serve in this 'capacity. Dr. Pullen asked the City Attorney if the vote just taken regarding the rescinding of the censure had been 4 to 3, if the censure would have been rescinded. The City Attorney replied no, it would require a 2/ 3 vote. Dr. Pullen stated that is why he voted the way he did. Dr. Pullen admonished Staff to be cautious when falsifying any reports. The City Manager advised Dr. Pullen if he is referring to staff, he needs to direct those comments directly to her as the City Manager, and she would be happy to talk with him after the meeting or individually. She stressed Dr. Pullen is using strong words and should be cautioned about using those types of words. Mr. Minich commented on the wonderful spaghetti luncheon put on by the City staff for the United Way; that he attended, with the Mayor and the City Manager, the grand opening of the First City Sank; and invited everyone to the Christmas tree lighting ceremony on December 6 at the Fort Walton Landing.  61 Regular Council 11- 18- 08 MAYOR/COUNCIL ANNOUNCEMENTS cont. The Mayor advised the city raised $ 850. 00 on the spaghetti luncheon; he attended the Veteran' s Day ceremony at Beal Cemetery and it was very moving; mentioned an e- mail commending a City employee; and wished luck to the City Manager, City Clerk, Mr. Garvie, Kabe Woods, and the FWBTV channel at the Florida League of Cities awards ceremony on Friday. The Finance Director advised the General Employees Retirement Fund financial advisor will be available on December 2 to discuss a possible change in investment managers of the plan and changes in the current investment policy. The City Clerk will check with Council to see if they are available on December 2 at 5: 30. The City Manager inquired if Council wanted to hold a special meeting on December 16 for second reading of the ordinance to eliminate the Development Review Committee from the Land Development process. Consensus of Council was since there is no adverse impact on any of the projects or developers, the second reading of the ordinance could wait until the first meeting in January 2009. CITY MANAGER ANNOUNCEMENTS The City Manager informed that at the December 9 Council meeting the fuel surcharge for sanitation will be reviewed; and that a letter was received from the Department of Revenue indicating the City is actually owed about $ 500, 000 for the Communications Services Tax, and the money will be rebated to the City beginning in February for about 29 months. The City Manager advised that because of the uncertainty, Staff will set the money aside and not spend it as it seems all of the cities in Okaloosa County are receiving money. The City Manager announced the Heritage Cultural Center Open House and the lighting of the Christmas tree on December 6; the Christmas parade on December 8; that author Tim Hollis will be at the library on December 11 signing his new book; and that FWBTV is now an affiliate of the Florida Channel in Tallahassee. The City Manager reminded all City offices and recreation centers and facilities, excluding the Golf Club, will be closed on November 25 and 26 for Thanksgiving with no yard debris, commercial or residential garbage collected on Thanksgiving Day. ADJOURNMENT There being no further business, the meeting adjourned at 8: 40 pm. ao I APPROVEDfJ:~ MA VOR: ' 1; ~ ddm