Fort Walton Beach Council agenda — 06-22-2010 Regular — reading text

126 Council Meeting, June 22, 2010 3. Signature Block 3. 1. Submitted by: Brandy Wunker, Finance Director Date 3. 2. Reviewed for Agenda: 10 64ert T. Mearns, City Manager Date 127 Council Meeting, June 22, 2010  Page 1 of 4 Robert Mearns From: Robert Mearns Sent: Thursday, May 06, 2010 2: 00 PM To: ' Toni Craig' Subject: RE: FWB -- LDC There are several items in your e -mail of which I was unaware. I understand your need for a Special Council meeting to resolve this matter, however, I cannot schedule one for at least a month due to other matters of recent occurrence that I must first address. Robert T. Mearns City Manager Office ofthe City Manager City ofFt. Walton Beach 850- 833 -9504 850- 833 -9640 (Fax) Please Note: Florida has a very broad public records law. Most written communication to or from the 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: Toni Craig [ ma i Ito: ton i@tonicraig. info] Sent: Thursday, May 06, 201.0 1: 44 PM To: Robert Mearns Cc: Mike Holmes; jgossom @iawf.edu; Dennis Reeves; Robert Nabors; Bill Patterson; Dick Rynearson; Mike Anderson; Helen Spencer; Michael Beedie Subject: FW: FWB -- LDC Importance: High Bob You asked for my comments regarding the attached engagement letter with David Theriaque and this is my opinion. On March 25, 2008, the City Council approved my recommendation that "in the City's best interests that, at all times and for all matters, the City Attorney would be the "gatekeeper" of tasking for special or additional counsel, including the tasking of our routine counsel for additional work when the need arises and when re- engaging bond counsel. The special or additional counsel do not have the same routine engagement and should be contacted and tasked only after consultation with the City Attorney and approval by the City Manager, Mayor, or Council as needed. This will allow the City Attorney to help control the costs of legal services and maintain a comprehensive view of the City's legal health." My current contract with the City requires me to provide the following legal services: a) Representation in asserting or defending all federal, circuit, and county civil and administrative hearing or litigation matters, including appeals. b) Counsel and representation at all meetings of the City's Council, Boards, and Agencies, pursuant to the Code of Ordinances of Fort Walton Beach, Florida, and tasking by City Council. c) Counsel and representation regarding all legislative, administrative, and quasi -judicial matters, excluding bond issuance and refinancing. 128 Council Meeting, June 22, 2010 6i1 4001 n  Page 2 of 4 d) Counsel and representation on capital leasing issues. e) Attendance at Charter Officers meetings and staff meetings as tasked by the City Manager or necessary for Attorney to accomplish the scope of legal services. Note that the only thing excluded from my scope of services is bond issuance and refinancing. Review, maintenance, and updating the Land Development Code is within my scope of services and has been a task that I have consistently handled since I have worked with the City. I do not know the full manner in which you have come to the conclusion that another law firm should do the work within my scope of services, but I will recite what I do know. A few months ago, you phoned either Gail Easley or David Theriaque and spoke with her or him about the City's Land Development Code. You did not speak with me beforehand about why you would want to engage their services or otherwise thought that we needed additional legal services regarding the Land Development Code, Instead, I heard about the conversation second -hand, and called you to discuss it. In that conversation, you stated that you felt that necessary Land Development Code amendments were not happening quick enough. I told you that since the adoption of the new LDC, staff and I had many conversations about the amendments needed. Staff had some problem areas and I had noted several that needed to be addressed. Since approximately January 2009, Planning Staff was to compile a list of their amendments and a schedule of accomplishing those amendments. To date, I have not received a list of those amendments or a schedule. About a month or so after our first conversation, you and I again spoke about the non -progress of amendments to the Land Development Code. Again, I told you that I was looking for staff's priorities and schedule. It is my opinion that I, as the City Attorney, am not in control of your staffs time or priorities. Instead, staff should initiate its priorities and I should be available to accommodate them. You stated that you were going to take control of the issue. Since our last conversation about this issue, I did not hear anything more until you phoned me about two weeks ago and asked me to speak to Theriaque because you wanted him to give you a proposal for redrafting the LDC. I spoke with Theriaque last Thursday and let him know that I did not see this issue as a legal matter, it is a planning matter. He asserted that he and Easely work together and that he would be compiling a proposal for the City to redraft the entire LDC. His proposal was to be presented to you by Friday, April 30. On May 4, this Tuesday, I emailed you to ask whether Theriaque had presented their proposal. You emailed back and simply said " yes and no." From what I understand, the initial proposal was for a total rewrite of the LDC and the cost was well over $ 150, 000. Somehow, and I have not been in the loop about how, that proposal has now changed to an engagement for legal services ( perhaps a " peer review ") of some sort. Exhibit A of the engagement letter is not attached to this email that you sent to me. Based on Council' s March 2008 instruction to me, I should have been advised prior to you attempting to engage legal services. Considering my extensive involvement and historical knowledge of the Code and Land Development Code, I believe that it is best for you and Council to know what I and staff have found as the issues with the LDC before attempting to engage another attorney to do the same thing. As I have done several times in the past, if 1 believe that I do not have the requisite skill or knowledge to handle a task, as a Charter Officer, I will advise Council and seek its approval for engaging another attorney. I have the requisite knowledge and skills to review the current Land Development Code and give a synopsis of the amendments needed to it. What I lack is a degree in planning. Therefore, it is my advice to you and the City Council that it is not necessary to engage outside legal assistance to review the Land Development Code, Instead, I suggest that the Council hold a work shop to discuss the current condition of the Land Development Code and amendments needed to it. After that discussion, then the Council can determine if it needs to pay $ 18,075 for an outside attorney. 129 Council Meeting, June 22, 2010 6/ 14/ 2010  Page 3 of 4 Toni L. Craig Attorney Fla Bar No 115444 Board Certified, City, County, Local Government Law PO Box 2917 105 Lewis Street Suite 102 Fort Walton Beach FL 32549 850) 243 -6969 Fax: ( 850) 244 -8929 www.tonicraig. info Marital & Family Law Local Govemment Law CONFIDENTIALITY NOTICE: This email 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 as legal advice or to make you a client. Do not disclose anything to me in any reply that you expect to be kept confidential. If you area client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. From: Robert Mearns [ mailto: rmearns @fwb. org] Sent: Thursday, May 06, 2010 11: 32 AM To: Toni Craig Subject: FW: FWB -- LDC Importance: High Please see attachment and review and comment. Robert T. Mearns City Manager Office of the City Manager City ofFt. Walton Beach 850- 833 -9504 850- 833 -9640 (Fax) Please Note: Florida has a very broad public records law. Most written communication to or from the 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: David A. Theriaque [ rnailto: dat@theriaquelaw.com] Sent: Thursday, May 06, 201.0 10: 01 AM To: Robert Mearns Cc: Gail Easley; Brent Spain Subject: FWB -- LDC Importance: High Attached as a PDF is our draft engagement letter. Please review and comment. Thanks. David A. Theriaque, Esquire Theriaque & Spain 433 North Magnolia Drive Tallahassee, Florida 32308 Telephone: ( 850) 224 -7332 Facsimile: ( 850) 224 -7662 130 Council Meeting, June 22, 2010  Page 4 of 4 E -mail: dat6d0eriac uelaw. com PLEASE NOTE NEW FIRM NAME, WEB SITE, AND E -MAIL ADDRESS. 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. Think Green - Please consider the environment before printing this e- mail. No virus found in this incoming message. Checked by AVG - www.avg. com Version: 9. 0. 819 / Virus Database: 271. 1. 1/ 2857 - Release Date: 05/ 06/ 10 01: 26: 00 131 Council Meeting, June 22, 2010 THIS PAGE IS LEFT INTENTIONALLY BLANK City Council Regular Meeting June 22, 2010 132 Council Meeting, June 22, 2010  CITY COUNCIL MEETING June 22, 2010 Discussion - Direction - Action Discussion 651 Powell Drive Code Enforcement Fine Settlement Synopsis: Staffand CEB attorney will provide a status report on the settlement status Agenda Item Number: 14. 6  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., Engineering & Utility Services Director Date: June 14, 2010 Subject: Code