Fort Walton Beach Council agenda — 10-28-08 executive session — reading text

CITY COUNCIL MEETING October 14, 2008 Regular Agenda Consideration of notice that the City Attorney needs to schedule an executive session to discuss with the City Council the matter of City v. Sharpe, B& H Contracting, Okaloosa County Court Case 2003- CA4042 City Attorney) Council Action 1st 2nd Vote: Agenda Item Number: 18  Page 1 of 1 APPROVED by City CouncH Joyce Shanahan 1C- From: Toni Craig [tonicraig@cox. net] Sent: Wednesday, October 01, 20083: 11 PM To: Joyce Shanahan; Helen Spencer; Carole Jones Subject: Executive Session Attachments: image001. jpg Carole I need the following agenda item: Consideration of notice that City Attorney needs to schedule an executive session to discuss with the City Council the matter of City v. Sharpe, B& H Contracting, Okaloosa County Court Case 2003- CA- 4042." Toni l.Craig Attorney at Law Fla Bar No 115444 Mailing Only: 908 Pineview Blvd Fort Walton Beach FL32547 Office: 150 Lewis St Ste 102 Fort Walton Beach FL 32547 850) 243- 6969 Fax: ( 850) 244- 8929 www.tonicraig. info Board Certified, City, County, Local Government Law CONFIDENTIALITY NOTICE: This email is from Toni L. Craig, Attorney at law, and is intended only for the use of the addressee. If you received this email in error, please notify me immediately, delete the email from your computer and do not copy or disclose it to anyone else. If you are not an existing client of Toni L. Craig, Attorney at Law, do not construe anything in this email to make you a client unless specifically stated. Do not disclose anything to me in any reply that you expect to be kept confidential. l/ you are a client, you should keep the contents of this email confidential to preserve the attorney- client or work product privilege. 10/ 9/ 2008 Regular Council 10- 14- 08 SUNSHINE LAW cont. Mr. Minich said he did not think they need to call an emergency meeting of the MPB because he did not think staff will have their recommendations before that, but this needs to move forward because those people who want to come in and do good things in this town and invest their money to do it, they do not need to drag it on any further than they have to. He said to him the DRCs were to make it all to make it go quicker to help those developers who want to come in to facilitate the process and not slow it down, but in his opinion they have added another layer of bureaucracy they do not need to mess with. His recommendation would be to move it forward so the MPB can look at it at their next meeting then bring it to Council the meeting after that. Mr. Holmes asked if in the meantime if the process just stops. The City Attorney said no. The City Manager asked if they have to post the property. The City Attorney said it depends on which typeof development it is and the different requirements. Mr. Holmes asked what kind of timeframe is added to the process. The City Manager said to post the property, notify the property owners, and put a notice in the newspaper is longer than five days. Mr. Minich stated to do whatever it takes to move forward and then fix the problem beyond that. Mr. Hartwell noted there is one meeting in November and one meeting in December and thought this is serious to the City right now and if they need to hold more meetings the City Clerk can call them. The City Manager said if they need to move it on quickly, they need to work with the City Attorney to get it resolved and they will make recommendations through the City Clerk if they need a Special meeting and she will contact Council. NEED FOR EXECUTIVE SESSION Consideration of notice that the City Attorney needs to schedule an executive session to discuss with the City Council the matter of City v. Sharpe, B& H Contracting, Okaloosa County Court Case 2003- CA4042. The City Attorney stated this case has been going on for quite some time and she need to discuss it with Council because they are at a point of either settlement or trial. She needs about 30 minutes for Executive Session to discuss the matter with Council, and it could be before the next Council meeting, there is no rush. The City Clerk will coordinate a date for an Executive Session. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment of an alternate to the Code Enforcement Board for a three year term. Mr. Minich nominated Peter Dunahugh. The Mayor called for the vote on the nomination to appoint Peter Dunahugh, 113 B Cedar Avenue SW, as an alternate to the Code Enforcement Board for a three year term beginning October 14, 2008 until October 14, 2011 and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor Miller ( absent). POLICE OFFICERS' PENSION BOARD APPOINTMENT Consideration of appointment to the Police Officers' Pension Trust Fund Board. The City Clerk reported the fifth member is chosen by the four members of the Board and submitted to Council as a ministerial duty to appoint that person. Mr. Minich moved to approve the appointment of Captain Rose Berry to serve on the Police Officers' Retirement Fund Board of Trustees as the fifth member for a two-year term effective October 1, 2008 until September 30, 2010. Mr. Holmes seconded motion and it carried unanimously with Holmes, Reeves, Garvie, Pullen, Hartwell, and Minich in favor (Miller absent).  NOTICE NOTICE IS HEREBY GIVEN that pursuant to Section 286. 011( 8), Florida Statutes, the City of Fort Walton Beach City Council, will meet in Executive Session in City Council Chambers at the Fort Walton Beach City Hall, 107 SW Miracle Strip Pkwy, Fort Walton Beach, FL 32548, on Tuesday, October 28, 2008, at 6: 00 p. m. ( C. D.T.), or as soon thereafter as the issue may be heard, to receive the advice of counsel concerning the following pending litigation: City v. Sharpe, B& H Contracting, Okaloosa County Court Case No. 03- CA- 4042. City Manager Joyce Shanahan, City Attorney Toni Craig, Mayor Mike Anderson, and City Council members, Mike Holmes, Dennis Reeves, Virgil Miller, Bill Garvie, Dr. Wayne Pullen, Jim Hartwell, and Mike Minich will be attending the Executive Session. The entire Executive Session will be transcribed by a certified court reporter and filed with the City Clerk. The transcript of the Executive Session will be made a part of the public record upon the conclusion of above- referenced litigation. Helen Spencer City Clerk J I' 100 I I J&'- . I LeeaJ521'( ~~~".~ MO ISH... V' Virgi ' ' , - , .: Pu <, ! I .'. Dr. W9.Yne un thaL~ ucmftO el~ 286'.0l1(8),."Flor. ~~~ ilt :'b: .~~ Ida SIohJtes, the. .CItY. of the ExecutiV$Se$_ ' fortVlakon ~ tk City. . . Auncit, will, mee~ in~- The . nfi.t~ . 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