Fort Walton Beach Council minutes — 08-12-2003 Regular — reading text

completed, they can come before Council with concrete information and data to logically discuss raising rates and other ways to generate revenue. Council observed that a survey would have to be structured in such a way to answer a variety of questions regarding non- resident membership and fee structures. Council appreciated the work the Committee has done and would like to discuss further at their workshop meeting next week before they make any kind of decision regarding the Committee' s recommendations. J~~ MB~' ItION~ Mayor Glover read the resolution by title only. 34 8/ 12/ 03 li(Ct1m A RESOLUTION OF THE CITY OF FORT WALTON BEACH. FLORIDA; ESTABLISIllNG AN ENDING DATE FOR RATES ESTABLISHED BY RESOLUTION 95- 9; ESTABLISIllNG CITY INSPECTION FEES AND TOWING RATES FOR WRECKERS REGULATION, REPEALING CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. Mr. Tucker moved to adopt Res. 03-12. Mr. Anderson seconded motion. Mr. Holmes announced a conflict of interest as he is employed by one of the companies on the wrecker rotation list. The Mayor called for the vote on the motion and it carried unanimously with Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson in favor Hol ( mes abstained). ADt 8() Award Bid #03- 115, Residential Rehabilitation of205 DeLuna Road,to the lowest, responsive responsible bidder, 3- D Finishers, Pace, Florida, in the amount of $22,449. 00. This property is being rehabilitated under the City' s COIDlmmity Development Block Grant Program. The City Manager advised this item was being withdrawn due to question about the low bid and would be placed on the next agenda. Mr. Tucker left the meeting at 8: 10 p.m. W~ gy,~ 03- 115, Residential Rehabilitation of 235 Bradley Drive, to the lowest Mr. Campbell moved to Award Bid # responsive, responsible bidder, Ponderosa Builders, in an amount not to exceed $ 12,297. 80. This property is being rehabilitated under the City' s Community Development Block Grant Program. Mr. Patterson seconded motion and it carried unanimously with Holmes, Patterson, Campbell,Pullen,KeUey, and Anderson in favor (Tucker absent). CBtJ'AN~ iOlst8t:~ tA'-; Mr. Patterson moved to accept a Community Emergency Response Team Grant in the amount of 8 $ , 000 to provide supplies and training for citizens for disaster preparedness and assistance. Mr. Anderson seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Pullen, Kelley, and Anderson in favor Tucker absent). Mr. Tucker returned to the meeting at 8: 13 p.m. j,~~~ sm.. Consideration of the Request for Proposals for Engineering Services for the Stokes Avenue Improvement Project. Request authorization for the City Manager to enter into negotiations with the top ranked firm and execute a contract in an amount not to exceed $ 15, 000. 00. If negotiations are not successful, authorize Staff to close negotiations with the top ranked firm and enter negotiations with the next ranked firms Wltil an agreement can be reached. Dr. Pullen moved to authorize the City Manager to enter into negotiations with the top ranked firm, Choctaw Engineering, and execute a contract in an amount not to exceed $ 15,000.00 for the Stokes Avenue paving and drainage design services. H negotiations are not successful, authorize Staff to close negotiations with the top ranked firm and enter negotiations with the next ranked firms until an agreement can be reached. Mr. Campbell seconded motion. The City Manager informed Council that a Florida law covers engineers, architects, surveyors, and landscape architects whereby the cost of services cannot be made known to the City until firms are ranked and negotiations are open. He further explained that if negotiations are closed with a firm, the City cannot go back to that firm if it is discovered they have the lowest cost. The Mayor called for the vote on the motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Kelley, and Anderson in favor.  35 8/ 12/ 03 i_ A811..,,_" IQi)-,~ Mr. CampbeU moved to authorize the City Manager to waive the formal bid process and award the Rehabilitation of Irrigation Wells on the Golf Course to the low bidder, Thomason Well Drilling, of Fort Walton Beac~ for the lump sum price of $53, 424.00. Mr. Anderson seconded motion and it carried unanimously with Holmes, Patterson, CampbeU, Tucker, Pullen, KeUey, and Anderson in favor. i_.~..""_ Mr. Tucker moved to approve the Florida Boating Improvement Program Project Agreement and authorize the City Manager to execute the Agreement, granting the City $5,000 for the maintenance dredging and seawall at repair ChanneL Dr. Pullen seconded motion and it carried unanimously with Holmes, Walkedge Patterson, Campbell, Tucker, Pullen, K.eUey, and Anderson in favor. t~~'~~ The City Attorney read the resolution by title only. A RESOLUTION AMENDING THE BUDGET FOR THE CITY OF FORT WALTON BEACH, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003 MAKING CERTAIN AMENDMENTS TO DESIGNATED APPROPRIATIONS OF FUNDS OF THE CITY, APPROPRIATIONS INCREASING THE GENERAL FUND BUDGET BY $ 749, 496, THE LAW ENFORCEMENT TRUST FUND BY $ 51, 500, THE CAPITAL PROJECTS FUND BUDGET BY $ 500,000, THE UTILITIES FUND BUDGET BY 30, 000, THE SANITATION FUND BUDGET BY $30,000, THE GOLF FUND BY $ 160, 000; AND PROVIDING AN EFFECTIVE DATE HEREOF. Mr. Kelley moved to adopt Res. 03-17. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell,Tucker, Pullen, KeUey, and Anderson in favor. 1C:t: rt~~~ Discussion of steps for filling the City Manager position. The City Manager advised he would like to leave his position as City Manager at the conclusion of tonight's meeting, and for COWlcil to appoint an Interim City Manager. He stated he has provided Council with a booklet om the International City/ County Management Association which addresses the process of recruiting for a new City Manager. Mr. Tucker moved to accept the resignation of the City Manager. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, CampbeU, Tucker, Pullen, Kelley, and Anderson in favor. Mr. Tucker moved to grant the City Manager two-months severance pay. Mr. Patterson seconded motion. Discussion ensued regarding the clause in the City Manager' s contract which provides for a severance pay of four months, and that the contract should be followed. Jim Murtha, Bay Drive, stated the conditions of the contract should be followed. The City Attorney stated the City Manager' s contract does not cover the issues that have arisen at this point. She explained the contract has a provision for severance pay, which is 1/ 3 of his annual base salary, in the case he is terminated. In the event he resigns, there is no condition as to the severance. She explained that what has arisen is the Council is giving him the liberty to choose when his resignation was effective, which he has just annoWlced, and that is in between the two provision of the contract. The City Attorney further explained the only saving clause is paragraph 16 of the contract that states the other terms and conditions of employment, and it allows that as long as Council and the City Manager reach an agreement, the conditions within the contract can be changed. She concluded that it is her opinion the change is what would be agreed upon by Council with the City Manager in the events being dealt with. Further discussion included the 60- day notice clause of the contract and that Council waived that clause when the City Manager was given a choice on a resignation date; that the City Manager' s voluntary resignation, although not without duress, has been done on his part to save the City turmoil; and that the four-month severance pay is fairer than two months' severance pay. 36 8/ 12/ 03 ICrRJ"' AG.::~( m~ The Mayor caUed for the vote on the motion and it carried by a vote of 5 to 2 with Holmes, Patterson, Campbell,Tucker, and PuDen in favor and KeUey and Anderson opposed. Council discussion included the City Manager' s supposed job searching over the years; the positive impact of the City Manager' s efforts over the past ten years are recognized and he will be greatly missed; and that the City Council is the decision making body of the City on ideas suggested by the City Manager. The City Manager clarified he has not actively looked for another job until the elections this past year. Dr. Pullen moved to establish a date for a special meeting to discuss the City Manager Appointment process to inelude a Schedule Checklist and Timetable, Qualifications SummarylProfile, Appointment Process, and Terms of Draft Contract for City Manager Services. Mr. KeUey seconded motion and it carried unanimously with Holmes, Patterson, Campbell,Tucker, Pullen, KeUey, and Anderson in favor. Mr. Kelley expressed concern over the loss in the past four months of both a long-time city attorney and city manager, and an interim city manager is needed that can maintain cohesiveness and guidance among the staff and knows the operations of the city. Mr. KeUey moved to appoint Finance Director Joyce Shanahan as Interim City Manager. Mr. Anderson seconded motion. Discussion ensued on the merits of appointing a CWTent city administrator as opposed to an outside individual. In response to Council's question, Ms. Shanahan advised it is Council' s decision who they appoint as an interim, and she does not believe it would jeopardize a future city manager if she served as the interim. She reminded Council she serves as a charter officer appointed by them. Ms. Shanahan stated she appreciates the confidence displayed in her and feels she has the skills and ability to serve as an interim city manager if that is what Council decides. Council agreed that the City staff is well- qualified and will continue to do their jobs in an effective manner during the interim period. The Mayor caUed for the vote on the motion and it carried by a vote of 6 to 1 with Holmes, Patterson, Campbell, Pullen, Kelley, and Anderson in favor and Tucker opposed. The Mayor thanked Mr. Silverboard for his professionalism and efforts during the past 10 years as City Manager, and that he will be greatly missed by the City and the surrounding area as well. Mr. Silverboard left the meeting at 8: 50 p.m. Doug Reed, representing MainStreet, distributed a letter to Council urging them to consider candidates with proven experience and relevant academic credentials for the City