Fort Walton Beach Council agenda — 03-04-08 executive agenda — reading text

1 - 8 -08 279 OUNSEL 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 handles forfeiture matters. She requested Council approve retaining James Murray to represent 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 question was posed on how Mr. Murray would interface with the City Attorney. The City 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 to represent the City of Fort Walton Beach in forfeiture matters, effective immediately. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, "Hartwell, 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 to bring to Council some issues with the labor negotiations with the fire union. It was agreed that 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 Executive Discussion 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, and to discuss issues with the labor negotiations with the fire union. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, 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 Attorney was requested to explain the provisions for a backup attorney. The City 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 that he would be at a meeting if possible. She said he would probably not cover a Council meeting, he would cover some other meeting but he would be a fill -in for those meetings when she needed to be there.  Page 1 of 1 Helen Spencer From: Helen Spencer Sent: Thursday, February 28, 2008 10:26 AM To: ' Toni Craig' Cc: Joyce Shanahan Subject: RE: Executive Session Toni /Joyce Please give me an idea of a possible date that both of you will be available before I call Council to set it up. Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850 -833 -9640 -Fax hspencer @fwb. org Original Message---- - From: Toni Craig ( mailto: tonicraig @cox. net] Sent: Tuesday, February 26, 2008 4: 29 PM To: Helen Spencer Cc: Joyce Shanahan Subject: Executive Session Helen In January, I requested and had approval for an executive session regarding Sharp and Sand Pine Realty. Please try to schedule that session sometime in late March. Thank you. Toni L Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info 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. If you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. 2/ 28/ 2008  Page 1 of 2 Helen Spencer From: Joyce Shanahan Sent: Thursday, February 28, 2008 1: 30 PM To: Toni Craig; Helen Spencer Subject: RE: Executive Session April is fine by me. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850 -833 -9504 Fax: 850 -833 -9640 Cell: 850 -803 -9621 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: Toni Craig [ mailto:tonicraig @cox.net] Sent: Thursday, February 28, 2008 12: 45 PM To: Joyce Shanahan; Helen Spencer Subject: RE: Executive Session If we con keep it on Tuesday night it would be best for me. If it has to be April, fine. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig. info From: Joyce Shanahan [ mailto:jshanahan @fwb.org] Sent: Thursday, February 28, 2008 10: 28 AM To: Helen Spencer; Toni Craig Subject: RE: Executive Session HI Helen: The Tuesdays in March are pretty booked up with workshops already. We may have to try for a day other than Tuesday. I' ll leave it up to you and Toni. Joyce Shanahan City Manager City of Fort Walton Beach, FL Phone: 850 -833 -9504 Fax: 850 -833 -9640 Cell: 850 -803 -9621 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: Thursday, February 28, 2008 10: 26 AM To: Toni Craig' Cc: Joyce Shanahan Subject: RE: Executive Session 2/ 28/ 2008  Page 2 of 2 Toni /Joyce Please give me an idea of a possible date that both of you will be available before I call Council to set it up. Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850 -833 -9640 -Fax hspencer@fwb. org Original Message---- - From: Toni Craig [ mailto: tonicraig@cox.net] Sent: Tuesday, February 26, 2008 4: 29 PM To: Helen Spencer Cc: Joyce Shanahan Subject: Executive Session Helen In January, I requested and had approval for an executive session regarding Sharp and Sand Pine Realty. Please try to schedule that session sometime in late March. Thank you. Toni L Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www.tonicraig.info 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. If you are a client, you should keep the contents of this email confidential to preserve the attorney -client or work product privilege. 2/ 28/ 2008