Fort Walton Beach Council minutes — 01-22-08 regular minutes — reading text

December 20, 2007, to discuss the withdrawal of funds from the SBA Account. has looked in the Florida Statutes and that he cannot find a definition for emergency meetings, and that the Statute referenced a procedure for adoption of ordinances and resolutions. Mr. r, Miller further advised the City Charter discusses special and regular meetings but does not I define emergency meetings. Mr. Miller stated since this meeting was held after the original their actions of December 20, meeting that was published was cancelled, Council needs to ratify W 2007. it was her opinion The City Attorney advised she drafted an e- mail to the City Manager stating to conduct that the City Council has the governmental, corporate and proprietary powers services. The meeting that was municipal government, perform municipal functions and render The City Attorney called was an emergency meeting and it was addressed at that time. like will not be present; the informed that meetings cannot be cancelled if it seems a quorum meetings must be held because notice has been given and the public has the right to be there. 298 Regular Council 1/ 22/ 08 RATIFICATION OF COUNCIL ACTION { CONTI The City Attorney further advised that Council is curing any public notice issues right now because it is being discussed, it is open for public debate and deliberation, and Council has the power to do that. The Mayor questioned the City Attorney whether her opinion to the City Manager in her e- mail of January 16, 2008, in the backup which states that consideration of public input and ratification of 1 action taken on December 20, 2007, regarding withdrawal funds from the SBA account, is something Council mi~ ht consider. The City Attorney stated he was correct, and advised the action taken on the 20 was by motion, not by resolution or ordinance; therefore, an equal action would ratify it which is anothef motion simply saying that Council ratifies their actions. Mr. Miller moved for consideration of public input and ratification of action taken on December 20, 2007, regarding withdrawal of funds from the SBA account. Mr. Minich seconded motion. Mr. Minich stated the City Clerk was notified by two councilmembers on December 20th that they may not be in attendance for the special meeting that was noticed. However, when the meeting was called as an emergency meeting, everyone that was in town at that time attended. Mr. Minich stressed that Council has a duty to come to meetings if they are available, and that four people are needed for a quorum. He noted there still would have been a quorum if the two individuals had not shown up. Mr. Hartwell asked the City Attorney if he should vote for the ratification since he was not present for the discussion. The City Attorney advised that the way the motion is framed he could vote because this is a motion on the current action before the Council. Discussion ensued as to whether the City Clerk had a written request of the Mayor, City Manager, or three member of the Council as is noted in Section 5 of the City Charter for special meetings. The Mayor advised that requests of that sort are for special meetings, and this was an emergency meeting. He advised emergency meetings are held during hurricanes and they are not publicly announced but they are held because of the urgency of the situation. The Mayor stated the special meeting was noted, and the City Clerk stated she had a written request from the City Manager for the special meeting. Mr. Minich called for the question on the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Reeves, Garvie, Hartwell, and Minich in favor and Miller and Pullen opposed. The City Manager suggested emergency meetings be part of the upcoming Charter Review. BEAUTIFICATIONITREE BOARD APPOINTMENT Consideration of appointment to the Beautification CommitteelTree Board. Mr. Minich nominated Kathryn L. Krueger, 14 First Street SW, Fort Walton Beach, to serve on the Beautification CommitteelTree Board for an unexpired term until January 12, 2011. The Mayor called for the vote on the nomination and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 1 HOUSING AUTHORITY BOARD APPOINTMENT Consideration of Mayor' s appointment to the Fort Walton Beach Housing Authority.  299 Regular Council 1/22/ 08 HOUSING AUTHORITY BOARD APPOINTMENT Mr. Minich moved to approve the Mayor' s reappointment of Rev. Earl Tyler, 2 Audrey Drive, Fort Walton Beach, to the Fort Walton Beach Housing Authority for a four-year term until January 21, 2012. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. r I MAYOR/COUNCIL ANNOUNCEMENTS Mr. Miller commended City staff on the process time for purchase orders, purchase requests, j and budget transfers. I Mr. Garvie mentioned he represented the Mayor at a meeting in Mobile, Alabama with other regional mayors to meet with Philip Mangano, Executive Director for the U. S. Interagency Council on Homelessness and the initiative to end chronic homelessness in ten years. Dr. Pullen requested the City email address given him by the City be given out so that any email he receives automatically becomes a matter of public record. He mentioned his responsibility to know everything that goes on in the City and will continue to research and look for backup, and said if it is more than a few pages he will go through the records himself. Mr. Hartwell expressed appreciation to the citizens for their input on the Chester Pruitt Park Master Plan. He mentioned the need for more citizen participation in the Council meetings when topic are discussed that impact them because Council does listen. The Mayor mentioned that the agendas and backup information for Council meetings are on the web site for citizens to review. Mr. Minich commended staff for coordinating efforts to solve the drug problem at Chester Pruitt Park and the plan to revitalize the park to return it to the neighborhood. He expressed displeasure at a broadcast email questioning staff about the information. The Mayor mentioned Amendment 1 that is on the ballot for next Tuesday' s primary election. He mentioned the Police Department Award Ceremony was an outstanding program. The Mayor mentioned emails received from a gentleman on his lunch hour that works at Eglin and questioned whether they should respond to emails from a base computer. The City Attorney said it can be a policy issue on how to address it and Council may need information from the Public Affairs Office to set the policy. It was argued that the City did not need to address the matter at this point. CITY MANAGER ANNOUNCEMENTS The City Manager announced the Senior Center Pancake Breakfast was successful and another one is being held on Tuesday, February 5th from 6: 30 - 9: 00 am; and the Library is hosting the st AARP tax aid service on week from February 1 through April 15th from 9: 00 am - 1 : 00 rl days pm. The Mayor commended the Library on the Investor Education @Your Library grant program and w mentioned it is the only library in the area that will have that program. Dr. Pullen mentioned the Computer Club has taught classes at the library. 300 1/ 22/ 08 Regular Council ADJOURNMENT There being no further business, the meeting adjourned at 9:45 p. m. f111i~ ~~ APPROVED: MAYOR: mma C TV CLERK ~ u Ive