Fort Walton Beach Council minutes — 06-26-07 regular minutes — reading text

35 MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA JUNE 26, 2007 INTRODUCTION A regular meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, June 26, 2007, 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; Lisa Absher, Finance Director; 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 Pastor Nathan Joudry, Grace Tabernacle Church, gave the Invocation. PLEDGE Councilman Mike Holmes led in the Pledge of Allegiance. SPECIAL GUEST Steve Uhlfelder, Chairman of the Florida Mentoring Partnership Program, discussed the state' s mentoring program and noted the efforts of Mayor Anderson in his mentoring of children the past seven years at various schools in the community. Senator Don Gaetz, District 4, presented Mayor Anderson with the Local Government Mentor of the Year for the State of Florida on behalf of the Governor and the State Legislature. APPROVAL OF AGENDA The Mayor advised Item 7 regarding the release of lien at 52 Mallard Avenue NE and 13 Jackson Street NE has been pulled from the Consent Agenda because the properties are not in compliance; and that Item 13, Ord. 1726 amending Sec. 12. 735. 01 of the LDC has been pulled as it has to be presented to the MPB before being forwarded to Council. The Mayor further advised there were some administrative changes to the minutes which Council had before them and that they be removed from the Consent Agenda and voted on separately. The Mayor requested that the agenda be modified to delete Items 7 and 13, and that Item 6 from the Consent Agenda be voted on separately. Dr. Pullen asked if the subject of the millage could be discussed. The City Manager advised she would bring that up during the City Manager portion of the agenda. Mr. Minich moved to accept the agenda as the order of the day as modified, with Items 7 and 13 being removed from the agenda, and Item 6, Approval of Minutes, be voted on separately. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. 36 6/ 26/ 07 Regular Meeting RELEASE OF LIEN Consideration of release of lien at 52 Mallard Avenue NE and 13 Jackson Street NE. 52 Mallard Avenue NE complied on April 12, 2005, and 13 Jackson Street NE complied on February 11, 2003. This item was pulled from the agenda. CONSENT AGENDA Mr. Minich moved to approve the following Consent Agenda items. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, t',- and Minich in favor. COX BUSINESS SERVICES RENEWAL Consideration of a request to authorize the City Manager to negotiate and execute a 3- year term renewal with Cox Business Services to provide Internet and VPN services to the City. SALE OF PROPERTY AT 144 READY AVENUE TO WASTE MANAGEMENT for the sale of Request authorization for the City Manager to enter into preliminary negotiations the property to Waste Management. In addition, request authorization to allow Waste of Management to enter the property to conduct testing for feasibility use. The following Consent Agenda Item was voted on separately. APPROVAL OF MINUTES the Regular Council Approval of the minutes of the Council Workshop of June 12, 2007; and Meeting of June 12, 2007. Mr. Reeves moved to approve the minutes as revised as follows: 1) The Council is added to Workshop minutes of June 12, 2007, Page 118, Paragraph 7, the word ' not' the sentence, . .' of facility, but also that the City should not get involved in this type of of June 12, 2007, 19, paragraph 2, the word ' to' funding;' and 2) the regular minutes page is added to the sentence,. . .' preparing the report as it was said that Mr. Miller pointed out to Mr. her.' Minich seconded motion and it carried unanimously with something Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. SPECIAL PRESENTATIONS Michelle Anchors, Chairperson of the Committee for the Sustainable Emerald Coast, explained the purpose of the Committee is to provide a shared vision of success for the five counties the encompassing the area, and inform and engage the public in planning and implanting Committee' s recommendations. Ms. Anchors advised the Committee is scheduled to give their recommendations to the governor in December of this year, and they would like as much public input as possible. GENERAL PUBLIC Bill Walter, 320 Smith Drive, addressed procedures of Council and requested that the public be involvement in given an opportunity to speak again after Council discussion for more public matters of the city. Chris Gibson, 249 Brooks Street, addressed the need for the Police and Code Enforcement to be more active in keeping the sidewalks clear of cars, garbage, containers, debris and clutter to make it safe for the disabled to get around.  37 Regular Meeting 6/26/ 07 STANDING COMMITTEE and ADVISORY BOARD REPORTS No reports. PUBLIC HEARINGS- ORD. 1726. HOME OCCUPATIONS CONSIDERATION OF ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 735. 01, HOME OCCUPATIONS, OF THE LAND DEVELOPMENT CODE, BY REMOVING THE REQUIREMENT FOR AN ANNUAL INSPECTION BY THE BUILDING OFFICIAL AND THE FIRE CHIEF; AMENDING SECTION 8. 05. 01, ANNUAL INSPECTION REQUIRED, OF THE CODE OF ORDINANCES BY REMOVING THE REQUIREMENT FOR THE FIRE DEPARTMENT TO CONDUCT AN ANNUAL INSPECTION FOR HOME OCCUPATIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Ordinance was pulled from the agenda. REGULAR AGENDA- CITY CLERK CONTRACT Consideration of approving an employment contract with the City Clerk. The Mayor introduced Michael Mattimore, the City' s Labor Attorney from Allen, Norton & Blue. Upon questioning from Council, Mr. Mattimore advised that he represents approximately 20 cities throughout the state in employment issues; explained that the purpose of a contract is to provide a description of compensation and benefits for an and sets the conditions of employee, employment. Mr. Mattimore further advised he did not assist the City Clerk with her contract; nor has he looked at or reviewed the contract for the City Clerk. Mr. Minich asked the City Clerk how this contract differs from what she is receiving now. The City Clerk responded that the contract contains a request that the City pay 100% for her participation in the General Employees Pension Plan, that at the present time she pays 5% into the plan; and also the contract increases participation in the ICMA- RC 457 Deferred Compensation Plan from 5% to 10%. Mr. Hartwell received confirmation that the proposed contract for the City Clerk is consistent with what the other charter officers receive. Mr. Miller commented when he proposed a contract for the City Clerk, it was his intention to take the resolution and agreement currently with the City Clerk and incorporate that into the contract similar to those with the two other charter officers, not his intention to enter into any increased compensation. He noted the proposed contract includes a severance of three months, package which is an additional benefit the City Clerk does not presently receive. The City Clerk clarified that her job description states she is under the general supervision of the City Council, in cooperation with the City Manager. The City Attorney took a moment to clarify that when the question was asked if the proposed contract was in line with other charter officers, that she is appointed as a charter officer, but her contract is a fee agreement in that she does not receive any benefits of any kind from the City, and her contract is very different from the contract with the City Manager and the two that are being contemplated. 38 Regular Meeting 6/26/ 07 CITY CLERK CONTRACT ( CONT) The City Attorney