Fort Walton Beach Council minutes — 06-13-06 regular minutes — reading text

06/ 13/ 06 236 RES. 06- 19 ( CONTI Mr. Campbell moved to adopt Res. 06- 19. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. TRANSPORTATION/ STORMWATER PROJECTS. ONE-CENT SALES TAX Consideration of a request to approve transportation and stormwater projects within the City of Fort Walton Beach to be funded if a one cent sales tax referendum is passed on September 5th, as prioritized by participants at the All Neighborhoods meeting held on June 7, 2006. The City Manager discussed the projects proposed to be funded if the one- cent sales tax referendum is passed in September, based on input from citizens from the All Neighborhoods meeting held on June 7. I Mr. Minich moved to approve the list oftransportatlon and storm water management projects within the City of Fort Walton Beach, to be funded If the one-cent sales tax referendum is approved. Mr. Patterson seconded motion and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. RES. 06- 20. DISTRIBUTION OF ONE-CENT ES TAX FUNDS SAl.. The Mayor read the resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, OKALOOSA COUNTY, FLORIDA; APPROVING DISTRIBUTION PERCENTAGES FOR THE ONE PENNY SALES TAX FOR EACH MUNICIPALITY WITHIN THE COUNTY AND SUPPORTING THE SOURCE OF POPULATION STATISTICS; AND PROVIDING AN EFFECTIVE DATE. The City Manager explained the City will receive approximately 25% of the total proceeds from the sales tax if it is successful The City Manager explained the County has agreed to share with the municipalities 41 % of the sales tax proceeds, and that the City will receive approximately 25% of the municipalities share, or 11 % of the total sales tax proceeds, which amount to approximately $ 25 million dollars. Mr. Holmes moved to adopt Res. 06- 20. Mr. Campbell seconded motion. Discussion included possibly lowering the millage rate to 4. 47 mills to compensate for the sales tax, and that the tax is misunderstood among the public and that it will take a lot of work to educate the public on the benefits of the tax. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. INSTALLATION OF REUSE WATER INFRASTRUCTURE/HURLBURT FIELD To award installation of reuse water infrastructure within Hurlburt Field Air Force Base and the City to the lowest responsive, responsible bidder, Hemphill Construction Company of Florence, MS, in the amount of $979, 370. 00 and if approved, authorize the City Manager to execute individual change orders in the amount of $20,000.00 not to exceed an aggregate amount of $65, 000. John Hofstad, Utilities Director, explained that in April Council approved Staffs recommendation to I. reject the reuse water project element because of the high cost of the bids. Staff negotiated with two project bidders for a reduced scale project not to exceed the remaining amount of the grant. Regular Meeting 06/ 13/ 06 237 INSTALLATION OF REUSE WATER INFRASTRUCTURE ( CONT) Dr. Pullen moved to award installation of reuse water infrastructure within Hurlburt Field Air Force Base and the City to the lowest responsive, responsible bidder, Hemphill Construction Company of Florence, Mississippi, in the amount of $979, 370. 00, and authorize the City Manager to execute individual change orders in the amount of $20,000 not to exceed the aggregate amount of $65, 000.00. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich In favor. FLC OF EXCELLENCE AWARDS PROGRAM Consideration of nominating individuals for the annual Florida League of Cities - Florida Cities of Excellence Awards Program. The City Manager mentioned last year six nominations were submitted for the Florida League of Cities - Florida Cities of Excellence Awards Program, and four of the nominations made it into the finals. She recommended this year that the City Employee of the Year, Charlotte Dunworth, be considered for nomination for the City Employee of the Year category. She asked if Council wished to make nominations in any of the other categories. Mr. Minich moved to nominate Mayor Mike Anderson for Mayor of the Year. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Mr. Minich moved to nominate the City Manager Joyce Shanahan for City Manager of the Year. Mr. Campbell seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich In favor. Mr. Tucker moved to nominate the City Clerk Helen Spencer for City Clerk of the Year. Mr. Campbell seconded motion and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. Dr. Pullen recommended the PIO Carrie Wurdeman be submitted for recognition in a category. Dr. Pullen moved to nominate Councilman Jim Tucker for Council Member of the Year. Mr. Holmes seconded motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Pullen, Hartwell, and Minich in favor and Tucker opposed. Mr. Holmes moved to nominate the City Attorney Toni Craig for City Attorney ofthe Year. Mr. Patterson seconded motion and It carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. The City Manager will give some thought on a recommendation for a nomination in the Citizen of the Year category. COUNCIL CONDUCT Discussion regarding council conduct. Mr. Minich referred to conduct by a Councilman who believed he has cart blanche to conduct business in the city in any manner he chooses. He referred to the City of Fort Walton Beach Council Rules of Conduct & Protocol which tells Council how tog 0 a bout City Council business and expressed his belief that Councilman Dr. Pullen has violated the protocol on several occasions. He mentioned Council has in the past on many occasions told Dr. Pullen in Council meetings they were unhappy with it and he still continues to do so. He believed it is now necessary for Council to let Dr. Pullen know exactly what Council does not want him to do, then move forward. He offered examples of harassment of the City Manager and staff, the conducting of unauthorized investigations, and wasting of city money and staff time on excessive requests for information, as a violation of protocol on the part of Dr. Pullen.  06/ 13/ 06 Regular Meeting 238 COUNCIL CONDUCT ( CONTI Mr. Minich moved to censure Dr. Pullen and direct him to cease any unauthorized investigations into city business, refer all investigations he deems appropriate to the City Manager as per the Council Rules of Conduct & Protocol manual, adopted June 8, 2004 and for a period of 180 days clearly state the purpose for any requests for information he may submit to the City Manager or City Clerk. Further, the City Council directs the City Manager to refer back to the City Council any requests for information from Dr. Pullen that she believes is overly tedious, does not completely understand, or she believes is to support an unauthorized investigation into city matters. I Motion died for lack of a second. Mr. Tucker expressed that censure is far too strong for someone who works hard to do what he thinks is right. Mr. Minich mentioned they all have roles and one is not to delve into the City staffs business, that Council is to give guidance and pass ordinances, and if there are problems they should trust the City Manager, work with her and continue to make the City better. The Mayor made the observation that Council is condoning the situation by not supporting the motion. Dr. Pullen stated he would be happy to share with Mr. Minich the Attorney General' s Opinion about attendance at meetings and discussion of Council members at meetings where Council members, even if more than one Council member attends a meeting, have a complete right to discuss what is on with the Chair as long as they do not talk to each other. He said that is State law. going Mr. Holmes expressed it is a tough subject and thought censure is a little tough. He suggested a motion to reprimand with the same conditions because it has been talked about three times and something a little sterner would have to be done. Mr. Holmes moved to reprimand Dr. Pullen and direct him to cease any unauthorized investigations into city business, refer all investigations he deems appropriate to the City Manager as per the Council Rules of Conduct & Protocol manual, adopted June 8, 2004, and for a period of 180 days clearly state the purpose of any requests for information he may submit to the City Manager or City Clerk. Further, the City Council directs the City Manager to refer back to the City Council any requests for information from Dr. Pullen that she believes is overly tedious, does not completely understand, or she believes is to support an unauthorized investigation into city matters. Mr. Campbell seconded motion. In response to the question on the difference between censure and reprimand and whether it was defined in the Code, the City Attorney replied it is not defined in the Code and agreed reprimand is a lesser form of punishment. Mr. Patterson expressed his belief that some of the statements are assumptions, not facts, such as the unauthorized investigation, and there is no proof. During some discussion on the repercussions of a reprimand, Mr. Holmes clarified that his motion is to reprimand with the conditions imposed because Council has discussed in the past the amount of time it takes for the Council requests and they have seen that 80% of time has been spent for a single individual Council. He said if it is for a good use, he will support it 100% but he needs to be shown what the requests are for and where they are headed and let Council help because if there is