Fort Walton Beach Council minutes — 09-14-2010 special — reading text

225 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 14, 2010 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 14, 2010 at 5: 00 p.m. in the Council Chambers at City Hall with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; joyce gillie gossom; Dennis Reeves; Mike Minich, Bobby Nabors; Bull Rigdon; and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; and Department Directors 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. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as presented. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. PURPOSE OF MEETING —CITY ATTORNEY SHORT LIST The City Manager advised that with the resignation of the current City Attorney, the City sent out a Request for Legal Services ( RFLS) ending September 8 and received 11 submissions. The City Manager informed selection of a City Attorney will be based on knowledge, experience, and abilities set forth in the Scope of Professional Services; proximity of the local office serving the City and the date it was established; and the fee schedule. Eliminated Firms The City Manager informed that two submitters did not meet the minimum requirements of the RFLS and were eliminated: Mildred M. Abdullah who only submitted her resume and nothing else required by Section II of the RFLS; and David Dalenberg who is not a current member of the Florida Bar, a requirement of Section III of the RFLS. Knowledge and Municipal Experience The City Manager advised that four of the firms have members that are recognized by the Florida Bar as members of the Local Government Law Section. The firms and their representatives are 1) Burke and Blue - William S. Burke; 2) Conerly, Bowman & Dykes - Hayward Dykes; 3) Matthews and Hawkins - Mary Kraemer; and 4) Pleat and Perry - Jerry Miller. The City Manager informed that two other firms have local government experience: 1) John F. Colowich, former City of Mary Esther City Attorney; and 2) Anchors, Smith, Grimsley - C. LeDon Anchors, former City of Fort Walton Beach City Attorney and Jeff McInnis, the Town of Cinco Bayou and Okaloosa County School Board Attorney. Council was informed the law firm of Broad and Cassal has municipal clients but none in Northwest Florida and the attorneys referenced in the submittal do not appear to have worked as city attorneys in local government. Council was further informed that two law firms, the Tingle Law Firm and the Vorbeck Law Firm gave no evidence of municipal experience. 226 Special Council 9 -14 -10 CITY ATTORNEY SHORT LIST (CONT) Potential Conflicts of Interest The City Manager continued that two law firms have a potential conflict of interest as the attorneys referenced in the submittals are city attorneys for neighboring municipalities: Conerly, Bowman and Dykes - Hayward Dykes for the City of Mary Esther, and Pleat and Perry - Jerry Miller for the City of Destin. The City Manager also informed that a potential conflict of interest exists with the firm of Anchors, Smith, Grimsley - Jeff McInnis has a potential conflict of interest as the City and School Board are at odds over the collection of the Storm Water Assessment Fee. That matter is currently under discussion. Fees The City Manager discussed the fee structure and experience against cost. The City has budgeted $ 90, 000 from the General Fund and $ 12, 000 from the CRA fund for the City Attorney position. He noted that four firms, Broad and Cassal, Burke and Blue, Matthews and Hawkins, and the Vorbeck Law Firm, are over $ 200 per hour; two firms, Anchors, Smith, Grimsley and Pleat and Perry, are at the rate of $175 per hour; one firm, Conerly, Bowman and Dykes is set at $ 160 per hour; and two firms, John F. Colowich and the Tingle Law Firm, are near the same fee at $ 96,000 and $ 92,000 per year, respectively. Proximity of Local Office Service Fort Walton Beach The law firm currently established in the City of Fort Walton Beach is Anchors, Smith, Grimsley, established in 1961. All other qualified submissions are from Destin or further east. Recommendation The City Manager stated that based on the analysis, staff recommends the following firms be considered for short listing for the position of City Attorney: 1) Burke and Blue - Michael S. Burke; 2) Conerly, Bowman Dykes - Hayward Dykes; 3) Pleat and Perry - Jerry Miller; 4) John F. Colowich - John F. Colowich; and 5) Anchors, Smith, Grimsley —L. Paul Sirmans /C. LeDon Anchors. Council questioned whether a potential conflict of interest with Jeffrey McInnis (Anchors, Smith, Grimsley) representing the School Board would include the entire firm. The City Attorney responded it is her interpretation of the Florida Bar Rules that once a firm is together, if one attorney has a conflict then the entire firm has a conflict. She advised that conflicts can be resolved by the City accepting or waiving the conflict, but it would be decided on a case by case basis. She noted the firm of Anchors, Smith, Grimsley has other potential conflicts regarding forfeitures and representation of Cinco Bayou. The Mayor opened the floor for public input. Jerry Miller of the law firm Pleat and Perry stated he does not want to talk Council out of the City Manager' s recommendation. As there was no one else who wished to speak, public input was closed. The City Manager advised the next step is a Special Council meeting on September 21, 2010 at 5: 00 pm when the selected firms will be able to give presentations and Council will have the opportunity to ask questions. Council received clarification from the City Attorney that Council has the final decision on the firms to be considered as the position of City Attorney is a Charter Officer position. Discussion ensued on what action Council should take if they are contacted by one or any of the firms that are placed on the short list for consideration. The City Attorney advised that the RFLS contains a cloak of silence and that the firms should not contact Council. The City Attorney also emphasized the importance of Council asking questions of the firms at this meeting, and noted the opportunity was given for questions and answers when the Mayor asked for input. Special Council 9 -14 -10 227 CITY ATTORNEY SHORT LIST (CONT) Mr. Minich stated he was under the impression there was no cloak of silence contained in the RFLS. The City Manager stated it can be lifted at any time per Council' s decision. Mr. Reeves moved Staffs recommendations that the following five firms be placed on the short list for the City Attorney position: 1) Burke and Blue - Michael S. Burke; 2) Conerly, Bowman & Dykes - Hayward Dykes; 3) Pleat and Perry - Jerry Miller; 4) John F. Colowich - John F. Colowich; and 5) Anchors, Smith, Grimsley —L. Paul Sirmans /C. LeDon Anchors. Mr. Rigdon seconded motion. Mr. Nabors stated he would like to make a motion to lift the cloak of silence. The Mayor requested the motion be made after a vote is taken on the motion currently on the floor. The Mayor called for the vote on the motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. Mr. Nabors moved to lift the cloak of silence. Mr. Reeves seconded motion. The City Attorney advised the RFLS began with the cloak of silence and it should carry through the entire process; the RFLS is not concluded until a final decision is made. She noted that if the requirement was not in the RFLS then all firms would have been able to talk to Council, and removing it at this time could be considered discrimination against the firms not selected for the short list. Mr. Nabors retracted his motion. Mr. Reeves retracted his second. The City Attorney added if something needed to be added or amended to the RFLS it could be done but all of the firms would have to be allowed to present the additional information. Mr. Minich questioned who placed the cloak of silence in the RFLS and the City Manager advised he did based on what happened with the RFP for the auditor selection. ADJOURNMENT As there was. no further business, the meeting adjourned at 5: 20 pm. r MAYOR:- X7Z ATTEST: A 91 All //, I 4 V, CITY CLERK Ive Date Completed: 9/ 16/ 10