Fort Walton Beach Council minutes — 02-26-08 regular minutes — reading text

never directed the Finance Director to look into the matter; that the Finance Director requested to look at the Presidio file and the City Manager had no problem with that. The City Manager advised she had no other information to present at this time. The Finance Director stated that in the February 12, 2008 report, she quoted the City Manager directly in regards to her instructions as to what she wanted the Finance Director to do, and that the report is not complete as of this date. Mr. Hartwell withdrew the item and will coordinate with the City Manager when the report is completed and will add it as an agenda item. There was a question whether the Finance Director needed authority from Council to continue with the investigation, and it was further questioned whether this was an actual investigation. Mr. Reeves stated his opinion that the issue has already been voted on and if Mr. Hartwell wants the Finance Director to put together some numbers for clarification as to what occurred then that is fine; that we have enough investigations going on as is. Mr. Hartwell stated his intention was for the Finance Director to give Council a report for clarification. REQUEST TO CONSULT LABOR ATTORNEY Consideration of a request to direct the City Manager to allow the Finance Director to consult directly with the Labor Attorney. Mr. Hartwell withdrew the item from the agenda. REVIEW OF LEGAL SUPPORT SYSTEM FOR THE CITY Consideration of a request to direct staff to perform an overall review of the legal support system for City affairs. Mr. Miller expressed his concern regarding the legal support for the City, specifically; whether attorneys are on contract, on task order, project order, or retainer, as well as who we pay, how they are paid, the method by which the City pays, and who has the authority to obligate the City for these services. Mr. Miller feels this is a subject to come before Council as an agenda item for the City Attorney to give Council a briefing to clarify the process of legal support for the City. L 24 02/ 26/ 08 Regular Council LEGAL SUPPORT REVIEW ( CONT) The City Manager was asked how the City' s legal expenses compare to that of other cities. The was lower in City Manager advised that, according to a newspaper report last year, the City legal expenses than those of neighboring cities. than the The City Attorney advised that was her recollection as well, that the City is lower surrounding areas, and she would be happy to discuss at any time how the attorneys are retained and how they are being tasked. The City Attorney advised that in the past she has outside attorney, always asked to be given the opportunity to handle an issue before going to an as she can do it cheaper than an outside attorney. The City Attorney did advise, however, that there may be an increase in legal fees this fiscal what has occurred the past nine months or year due to what is occurring at this time as well as so. Dr. Pullen requested a roster of all attorneys the City currently retains, their fees, and how they are called upon. The City Manager advised the practice of the City is to call on the City Attorney on legal issues, and she has consulted on issues such as pension and labor issues. The City Manager stated she has spending authority up to $ 20, 000; the budget is the guide for Council to go by, it is not necessarily all that will be spent on a certain item. Mr. Holmes addressed his lack of knowledge regarding this particular topic as there is a lot of information other people seem to have that he is not aware of. Mr. Holmes stated that Council is authorizes and sets policies, so he does not understand what the question is, and he feels he being left of out of the loop as he has no information to go by. such as The Mayor advised there are situations that are not in the City Attorney' s expertise, bond issues or pension issues, and those are the times when the City Attorney recommends that another attorney be engaged. He also stated his understanding tpat Council' s approval would be needed only if a particular item or service is over $ 20, 000. 00. Dr. Pullen stated he believes the contract of the City Attorney states that if she cannot handle an issue then she recommends an attorneyin that expertise; he believes all legal matters should go have to go through her office, and if she cannot handle it she refers it and does not necessarily to Council for authorization. Mr. Miller moved that the City Attorney prepare a presentation for the Council reviewing the overall legal support system for the City, including the names of current attorneys, their expertise, and the method they are paid whether it is a contract, a task, a project, or on retainer. Dr. Pullen seconded motion and it carried by a vote of 5 to 2 with Miller, Garvie, Pullen, Hartwell, and Minich in favor and Holmes and Reeves opposed. I". CRA CHAIR AND VICE- CHAIR APPOINTMENTS Consideration of recommendation by the CRA Board of Commissioners for appointment to the Chair and Vice- Chair for the 2008 calendar year. Mr. Minich moved to reappoint Dr. joyce gUile gossom as Chairman and Chuck Kennedy as Vice- Chairman of the CRA Board of Commissioners for calendar year 2008. Mr. Garvie seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor.  25 Regular Council 02/ 26/ 08 MUNICIPAL PLANNING BOARD APPOINTMENT Consideration of appointment to the Municipal Planning Board. The City Clerk advised that there are two additional applications for Council to consider. Mr. Minich nominated Bill Walter, 320 Smith Drive, Fort Walton Beach. Mr. Miller nominated Jim Tucker, 590 L' Ombre Circle, Fort Walton Beach. The Mayor advised the nominations would be voted on in alphabetical order. The Mayor called for the vote on the nomination of Jim Tucker, 390 L' Ombre Circle, Fort Walton Beach, to the Municipal Planning Board for a four-year term until February 25, 2012, and it carried by 4 votes with Holmes, Miller, Garvie, and Pullen in favor. OTHER CITY BUSINESS FOR DISCUSSION ONLY Mr. Minich stated as Mayor Pro Tem he will continue to hold the meetings in the Mayor' s absence in a businesslike manner and reminded Council that every ruling the Chair makes can be overruled by an appeal. Dr. Pullen commented several employees have gone to him about an employee who will be absent for an extended period of time and he questioned the circumstances. The City Manager explained that Charlotte Dunworth, Budget/Grant Manager, was selected by the Rotary Club District 6940, to travel to France for a Group Study Exchange for four weeks. The Rotary Club will pay for her travel to France and her stay, and the City will pay her salary under Code 35, Training, as this is continuing education for personal enrichment that will benefit the City in the long run. MAYOR/COUNCIL ANNOUNCEMENTS Mr. Miller encouraged everyone to attend the tennis tournaments to watch the matches taking place. Mr. Reeves voiced his desire to move toward productive and positive action. Mr. Garvie mentioned the pancake breakfast held last Saturday at Magnolia Grill raised $ 1, 601 for the benefit of the homeless veterans in the area; he attended a Library Co- Op training session for librarians on the new computer system; and the five year contract for the Library Consortium is going to be re- negotiated and they would like to have the City Manager involved in the negotiations. Dr. Pullen added that at the last Council meeting he was appointed to sit on the negotiation with Mr. Garvie as the alternate. He mentioned that tomorrow he and the Library Director will tape the City Desk program at Channel 6. He mentioned he was asked to attend a Southeast Conference of Headstart in Atlanta and one thing stressed by the Federal Government is that there be checks and balances, and starting next week there will be inspectors inspecting the Headstart Program in the County. Mr. Hartwell commented on the fantastic bronzeeagle that is located by the Indian Temple Mound under the canon, and the statuettes that are located in the Sound Park. The City Manager mentioned MainStreet used the extra funding they had to place four or five bronze statuettes throughout the City. Jeff Peters, Parks & Recreation Director, went over a short detail on the statuettes and locations where they were placed and all donated by MainStreet. 26 Regular Council 02/ 26/ 08 MAYOR/COUNCIL ANNOUNCEMENTS Mr. Holmes reported the TPO received a briefing on the mast arm problems throughout the State and District 3 will take the mast arm in the City to use as a measure to perform the maintenance and paint. Mr. Minich reported the TDC has been moving forward for the past 1 ~ years on a beach re- nourishment project in the County and much of the funding for the project is pledged by the [ i,',', II,' e ~~ U~ D: a~~ e~~~~ ~~~ ir~~:~ n~~~~~~~~ t~: t~~ I~i~~ i~ nr~::~ a~ dh~~: ~~~~~ n~~ recommended budget is to cut $ 10 million which is the portion of the funds that their project lies " in. He said it has not been passed by the Legislature yet and they are hopeful that the legislative delegates from the area will understand the importance of the project to the County and the area and attempt to have it put back in the budget. Mr. Minich mentioned the Luau for the Senior Center to raise funds; mentioned the main draw that starts tomorrow at the tennis center; and mentioned the City Golf Tournament that will be held on March 8th to benefit the American Cancer Society and the American Heart Association. The