Fort Walton Beach Council minutes — 04-05-2001 Special — reading text

from the area downtown to the other side of the auditorium if it would fit with no changes. Mr. Carnathan pointed out the City operates under Florida Statutes that is very specific on how to hire an architect and the criteria to follow. He suggested it is not possible to move the building somewhere else without rescinding the contract because there is contingent liability. He believed Council is asking staff to do what is ultimately impossible to do because there is a contract that is in full force and effect, there is a contractor who is under the gun to deliver the building within the contractual time limits and has been busy placing orders and getting subcontractors and every day that goes by the commitment level gets bigger. He referenced the letter received from the architect and stated rescinding the contract at this stage would be the most costly effort Council could ever undertake. The Mayor Pro T em, for the benefit of the public, explained a letter was received from the architect that identified all the potential financial liabilities to the City to rescind the contract with an estimated fee of $1 million the City I can expect as a potential financial loss. Mr. Anderson explained his desire for more information to make a more informed decision and his support of the motion for information on an estimate of the cost. Mrs. Baggett addressed the library grant and the extension given by the State until December 12th. She mentioned the requirements of the State in order for the City to move the library site are for the City to provide ground testing, anarcheological study, an elevation study, a perk test, hurricane mitigation, an estimation of foundation changes, additions to architectural plan, additional dirt for raising the elevation costs, and additional contracting costs of the building itself. She reviewed the process involved to rescind the contract to begin again and the time factor to meet the December 12th deadline. 148 4- 5- 01 IuJIWt-y~" fI() N_~ Mr. Dowling spoke against the motion and mentioned his concerns on rescinding the contract, the enonnous amount of money that will be spent, and the tremendous amount of harm it will cause the City and the community as a whole. Mrs. Baggett acknowledged a lot of money would be spent should Council decide to rescind the contract. She commented staff has a narrow chance to pull it together to have a contract by October only if there is cooperation. She expressed her desire that the library be located within the downtown area. She considered City Hall within the downtown area and is the viable location. Mr. Tucker pledged to vote what the people of the City wanted of him. He mentioned in the last election it was apparent the people did not want the library downtown and he will vote always to support what he feels the people want. The Mayor Pro Tem spoke against the motion. He pointed out an estimate of a $ 1 million financial loss has been received from the architect and that ic; as good a number they can expect the staff to come up with in three days, He commented on the time line of December 12th for the grant, which if missed the City will lose the grant; the need for Council to Jook at the financial responsibility to the taxpayers; and that the overwhelming majority of the past Council made a very decisive decision to benefit not only the users of the library but the taxpayers paying for it. He urged Council to move on and be proud of the library the City is going to build. Dr. Pullen commented on the previous Council pushing through a contract in a matter of days and his belief that staff can get the infonnation he proposed. Mr. Dowling pointed out to negotiate the termination of a contract will involve a number of offers back and forth over a period of weeks and months which will also need to be included in the schedule to meet the December 12th deadline. The Mayor Pro Tem pointed out there are numbers in front of Council from the architect and noted the potential financial loss does not include the $230,000 already invested and the grant ramifications of the additional $200,000. The Mayor Pro Tem stated the motion before Council, as amended, is to direct staff to investigate the expense of terminating the contract for convenience and the cost to move the contract, and to report back at the next regular City CounciJ meeting. Mr. Dowling requested clarification that it was discussed at the last meeting that the actual relocation of the building would require termination of contract. The City Attorney replied in the affirmative. Mr. Dowling raised a point of order that the amendment to the motion is not valid. The City Attorney advised as was discussed and concluded at the last meeting and as there was a failed attempt at the relocation issue, that location is disposed of and suggested to Council that the point of order on the location issue is well taken. He suggested that portion of the amendment is not valid. The Mayor Pro Tem stated the motion before Council is the original motion to direct staff to investigate the expense of terminating the contract for convenience and to report back at the next regular Council meeting. The Mayor Pro Tern called for the vote on the motion and it carried by a vote of 4 to 3 with Baggett, Tucker, PulJen, and Anderson in favor and Carnathan, Dowling,and Kelley opposed. 1MPO.. AP OINTMENI' 1 Mr. Tucker stated next meeting Council would appoint Council to various committees and Mrs. Baggett will not be present. Mr. Tucker moved to nominate Mrs. Baggett to be one of the members of the Metropolitan PJanning Organization MPO). Dr. Pullen seconded motion. APPOINTED OFFICERS ( continued) A copy of the form must be provided immediately to the other members of the agency, The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER' S INTEREST m ~~_~~ I, ___~~ E.~~~ 2:.. n g ________, hereby disclose that on _~ 12-E.~~~ 9________________, 200_~___: a) A measure came or will come before my agency which ( check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ________________________________; inured to the special gain or loss of my relative, _____________________________________; inured to the special gain or loss oC__________________________________________________, by whom I am retained; or inured to the special gain or loss of _______________________________________________, which is the parent organization or subsidiary of a principal which has retained me, b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 10. Consideration of amending the Holladay Broadcastine Lease. My firm is under contract with Holladay Broadcasting for work and therefore I abstain from the vote. Date Filed i 170_____________ 11. 1/ - .' f- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112. 317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $ 10, 000. CE FORM 88 - EFF. 1/ 2000 PAGE 2