Fort Walton Beach Council agenda — 01-29-08 executive agenda — reading text

CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: January 15, 2008 TO: Helen Spencer, City Clerk CC: Honorable Mayor and Council Members City Attorney Human Resources Director FROM: Joyce Shanahan, City Manager SUBJECT: Request for Executive Session on Tuesday, January 29, 2008 Please schedule an Executive Session on Tuesday, January 29, 2008 at 5: 30pm. The subject will be Union Negotiations. Unfortunately, we will not be able to cover both the negotiations and the litigation issues together, as the Labor Attorney is only available on that date, and it is our desire to expedite the negotiation in a timely manner. Thank you. cj U: \CJones \DPT002b \CMO\Memos\Memos 2008 \01 - 15 -08 CC re ex session.doc Helen Spencer From: Joyce Shanahan Sent: Tuesday, January 29, 2008 3:56 PM To: Helen Spencer Subject: RE: Executive Session 1 - 29 -08 Thanks. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850 -833 -9504 Fax: 850- 833 -9640 Cell: 850 -803 -9621 Email: ishanahan . f vb. orq Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. Your e-mail address and communications may therefore be subject to public disclosure. From: Helen Spencer Sent: Tuesday, January 29, 2008 3: 55 PM To: Joyce Shanahan Subject: Executive Session 1 -29-08 Joyce We called Mayor and Council and reminded them about the meeting tonight. The only one not being there tonight will be Councilman Hartwell as he is out of town job related. All others will be in Attendance. Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850 -833 -9640 -Fax hspencer(a)_ fwb. org  Page 1 of 1 Helen Spencer From: Mark Wiltsie Sent: Sunday, January 20, 2008 12: 10 PM To: Helen Spencer Cc: Tanya Puchalski Subject: MEETING NOTICE Helen, Can you please post the attached for the January 29th executive session Tanya, please post a copy on our bulletin board as well. Thanks Mark Mark Wiltsie Human Resources Director City of Ft. Walton Beach Office Phone 850/833 -9506 E -Mail mwiltsie@fwb.org 1/ 22/2008 w NOTICE OF MEETING THE CITY OF FT. WALTON BEACH CITY COUNCIL WILL MEET IN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING LABOR ISSUES BETWEEN THE CITY AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ( IAFF), LOCAL 2601. DATE: JANUARY 29, 2008 TIME: 5: 30 PM LOCATION: CITY COUNCIL CHAMBERS ATTENDEES: CITY MANAGER MANAGEMENT NEGOTIATING TEAM CITY LABOR ATTORNEY POSTING DATE: JANUARY 23, 2008  1 - 8 -08 Regular Council 279- COUNSEL FOR FORFEITURE MATTERS Consideration of a request for Council approval to retain the services of Attorney James Murray to represent the City of Fort Walton Beach in forfeiture matters, effective immediately. The City Attorney mentioned she has handled the forfeiture cases since she became the City Attorney and she has concluded the forfeiture cases could be better handled by someone who She requested Council approve retaining James Murray to represent handles forfeiture matters. the City in forfeiture cases.. She mentioned there are 18 cases pending forfeiture cases with and approximate value of $40, 000. The question was asked if the forfeiture fee was the maximum amount that would be charged. James Murray, Attorney at Law, explained he provides an assessment on the merits of the case, the decision on whether or not to move forward on forfeiture is up to the Police Department, and he does not limit his fees to the forfeiture amount. Dr. Pullen stated he will not enter discussion because James Murray is a personal friend. The City The q uestion was posed on how Mr. Murray would interface with the City Attorney. Attorney said she would gather information on litigation status to provide to Council quarterly. Mr. Minich moved to retain the services of Attorney James Murray toMr.represent the City of Holmes seconded Fort Walton Beach in forfeiture matters, effective immediately. Garvie, Pullen;' Hartwell, Miller, Reeves, motion and it carried unanimously with Holmes, and Minich in favor. EXECUTIVE SESSION SCHEDULE Consideration of scheduling of a time for an executive session to discuss settlement 'of City V. Sharpe, Okaloosa County Circuit Court Case 03 -CA -4042, and City v. Sand Pine Realty, Okaloosa County Circuit Court Case 05 -CA -3803. The City Attorney stated the two cases have been pending for some time for the City and requested an Executive Session be held so she may receive Council advice on .moving forward toward settling the cases. The City Manager mentioned an Executive Session will also be needed It was agreed that to bring to Council some issues with the labor negotiations with the fire union. an Executive Session could be held to discuss all three issues. Mr. Minich moved to direct the City Manager and the City Attorney to schedule a time for an Sharpe, Okaloosa County Circuit Executive Discussion to discuss settlement of City v. 4042, and City v. Sand Pine Realty, Okaloosa County Circuit Court Case Court Case 03 -CA = Mr. and to discuss issues with the labor negotiations with the fire union. 05 -CA -3803, Miller, Reeves, Garvie, Reeves seconded motion and it carried unanimously with Holmes, Pullen, Hartwell, and Minich in favor. AMENDMENT TO CITY ATTORNEY CONTRACT Consideration -of amendment of the City Attorney contract. The City Attorney pointed out the contract amendment would put her back on an hourly rate rather than a flat rate; has taken out charges for some items such as faxes, telephone charges, and file opening fee; and reduced the amount of the monthly retainer fee and then billed the additional hours. The City The City Attorney was requested to explain the provisions for a backup' attorney. Attorney explained that Joe Lorenz, who works on the code enforcement issues, has agreed that if she can not attend a meeting and someone is needed thathehewould wouldcover be atsome a meeting if possible. other meeting but She said he would probably not cover a Council meeting, he would be a fill -in for those meetings when she needed to be there.