Fort Walton Beach Council agenda — 03-25-08 regular agenda — reading text

Director stated she is not the whole issue but she did appreciate the thought that is going to go into the vote tonight. She did think it is so overwhelming out there that she understood their point of view. She said she understood Virgil Miller and she appreciated him for all he has done for her. She said she appreciated Dr. Pullen, and greatly appreciated Mr. Hartwell and she wished he would not resign and continue to fight. She wished that other members of City Council would not have treated her in the way they have. She complimented Mr. Minich on his leadership. Mr. Minich said it was not his intention, through the motion, to make it so that Ms. Absher cannot work again. He said it is just as he stated before, she is not the right fit for this job and he thought by terminating her contract in accordance with her contract, it will give her enough time to move forward, and he is sure she will be able to find something different. Mr. Miller asked if they could call upon their Labor Attorney for guidance on liability protection by doing this since he negotiated the contract with the Finance Director. The Mayor said that was not necessary because it is in accordance with the contract. He said they have had their discussion on Council, provided Ms. Absher an opportunity to speak, and it is time to vote. The Mayor called for the vote on the motion to terminate the Finance Director's employment immediately with the City in accordance with her.contract and it carried by a vote of 4 to 3 with Holmes, Reeves, Garvie, and Minich in favor and Miller, Pullen, and Hartwell opposed. Ms. Absher left the meeting. Mr. Hartwell said he would like to call a Special meeting to discuss termination of the City Manager for cause. The Mayor suggested Council discuss that as a future agenda item during the regular Council meeting tonight at 7:00 pm. ADJOURNMENT The meeting adjourned at 6: 40 p. m. APPROVED: MAYOR: ATTEST: CITY CLERK ddm  FA' UO MULMA MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MARCH 11, 2008 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, March 11, 2008, at 7: 00 p.m. in the Council Chambers at City Hall, with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director position vacant); Toni Craig, City Attorney; Department Directors and Media. CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. INVOCATION Jim Robbins gave the invocation PLEDGE Matt McCauley and John Gray with Boy Scout Troop 506 led in the Pledge of Allegiance. PROCLAMATION The Mayor presented a proclamation on March for Safety and Day of Remembrance to Karen Brown Rhodes. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as the order of the day. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. CONSENT AGENDA Mr. Reeves moved to approve the following consent agenda items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. MINUTES Minutes of the Regular Council Meeting of February 26, 2008, and the Executive Session held on March 4, 2008. EASEMENT FROM McDONALD' S Accept the Grant of Easement from McDonald' s Corporation, along the south line of their property located at 31 Eglin Parkway NE, abutting Hospital Drive, for installing a public sidewalk. 50 Regular meeting 3 -11 - 08 CONSENT AGENDA cont. Approve the purchase of four police pursuit vehicles utilizing the Florida Sheriff Contract, from Orville Beckford Ford of Milton, Florida, in the amount of $83, 498. 00. ROADSIDE BEAUTIFICATION Update on the Florida Department of Transportation Roadside Beautification Assistance Grant, regarding SR30 medians. GENERAL PUBLIC Jeff Main, 75 Waynel Circle, expressed his concerns about a former councilman being appointed to the MPB and that Council should revisit that appointment. The Mayor advised the individual was appointed by Council for a four -year term, and all appointments are reconsidered by Council at that time. PUBLIC HEARING —ORD. 1755: AMENDING LDC TRAFFIC CONCURRENCY The City Attorney read the ordinance by title. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA AMENDING SECTION 12. 32. 02 OF THE LAND DEVELOPMENT CODE REGARDING DEVELOPMENTS WITH A DE MINIMUS IMPACT AND CODIFYING THE CURRENT PROVISIONS OF THE COMPREHENSIVE PLAN REGARDING THE TRAFFIC CONCURRENCY EXCEPTION AREA; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The Mayor opened the public hearing. As no one wished to speak the public hearing was closed. Samantha Abell, Senior Planner, mentioned the Comprehensive Plan was adopted in 2000 and staff is currently in the process of the Evaluation and Appraisal Report ( EAR). She explained the amendment to the Land Development Code is to make it consistent with statutory requirements and effectuate the intent and purpose of the Comprehensive Plan, and the Transportation Concurrency Exception Area and De Minimis Development are two exceptions to the concurrency requirements. She reported the Municipal Planning Board recommended approval of Ord. 1755. She then entered the 'staff report into the record. Mr. Miller moved to adopt Ord. 1755 on first reading. Dr., Pullen seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. FUTURE AGENDA ITEMS 18th Mr. Hartwell moved that the Charter Review workshop on March be shifted (to the next month) and replaced with a Special Council Meeting to consider the termination of the City Manager. Dr. Pullen seconded motion. There ensued an exchange of views in support of the motion and those against the motion. The Mayor called for the vote on the motion and it failed by a vote of 3 to 4 with Miller, Pullen, and Hartwell in favor and Holmes, Reeves, Garvie, and Minich opposed. It was noted that Councilman Miller' s request for review of the legal support system will be placed 25th on the agenda for the March regular Council meeting. Regular meeting 3 -11 -08 51 COLLECTIVE BARGAINING AGREEMENT Consideration of a request to authorize the City Manager to execute a 3 -year Collective Bargaining Agreement between the City and both the Rank and File and the Battalion Chiefs' Bargaining Units of IAFF Local 2601. Mark Wiltsie, Human Resource Director, presented the three year Collective Bargaining Agreement between the City and both the Rank and File and Battalion Chiefs' Bargaining Units of IAFF Local 2601. He pointed out if approved, a budget amendment will be necessary. Mr. Holmes moved to authorize the City Manager to execute the three -year Collective Bargaining Agreements between the City and both the Rank and File and Battalion Chiefs. Mr. Minich seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. GREEN LOCAL GOVERNMENT Discussion regarding Florida League of Cities Green Local Government, an environmental stewardship program to develop green cities through " the Florida Green Building Coalition "; a non- profit corporation whose mission is to develop and maintain green designation standards for Florida and to promote cost -effective sustainable environmental improvements. The Mayor explained the Florida League of Cities requested this be brought forward for consideration. Tom Murray, Public Works Director, reported the staff recommendation is not to endorse the resolution. He explained it would commit the City to adopting another layer, higher level of regulations that would be costly to the City. Council took no action. RES. 08 -09 —FLORIDA FOREVER AND SUCCESSOR PROGRAM The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING FLORIDA FOREVER AND A SUCCESSOR PROGRAM; AND SETTING AN EFFECTIVE DATE. The Mayor explained the Florida Forever program is set to expire in 2010 and this resolution is requesting legislature extend the program beyond 2010 as it provides grant funds for the City. Mr. Minich moved to adopt Res. 08 -09. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. ROBERTS RULES OF ORDER Consideration of a discussion of Roberts Rules of Order and how it applies and impacts the conduct of City business. Mr. Miller said he researched and reviewed the Charter and Council Protocol and they were silent on Robert' s Rules of Order. He found reference in the Code which states that the meetings shall be conducted pursuant to Robert' s Rules of Order, and said that " pursuant to" does not mean adhere to. 52 Regular meeting 3 -11 - 08 ROBERTS RULES OF ORDER cont. He recalled that the City Attorney provided previous opinions which said that function is better than form. He thought that Council may use Robert' s Rules as guidelines and not as mandatory regulation. Mr. Minich moved to suspend Roberts Rules of -Order. Mr..Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. Mr. Minich said that Robert' s Rules is used worldwide and it keeps order in moving forward and keeping the meeting on track, but most importantly it is to give everyone the equal opportunity to speak. He believed the portion that is in contention is those items to be placed on the agenda and said they can put items on the agenda but Council gets to vote on it. He said lately he has seen Council not putting an item on the agenda then bringing it up under announcements. He stated when he has been in charge of the meetings he has used Robert' s Rules more strictly. He said Robert' s Rules are updated regularly and believed they are the right way to conduct business. He mentioned each Councilman was given two books on Robert' s Rules and given an opportunity to attend a class. The Mayor requested clarification from Mr. Miller on what part of Robert' s Rules he would like to change or not enforce. Mr. Miller