Fort Walton Beach Council agenda — 01-22-08 regular agenda — reading text

Funds Advisory Services.  Regular Council 1 - 8 -08 278 RFP —FINANCIAL ADVISORY SERVICES Cont. The City Manager further explained the intent is to bid it out with an alternate quote to be a general manager of the City's surplus cash, but because there are two different criteria for the money managers it will be separate so they are not confined to bidding on both but can bid on either one or the other, or both. Mr. Garvie moved to solicit an RFP for Financial Advisory Services for the General Employees Pension Plan. Mr. Miller seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. RES. 08 -04, LEGISLATIVE SERVICES The Mayor read the resolution by title. A RESOLUTION OF THE CITY OF FORT WALTON BEACH, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. There was a question on the legality on the use of electronic traffic infraction detectors at traffic intersections. The Police Chief mentioned the equipment has developed over time so that it is very accurate, there is legislation that will be considered to make it a State Statute, and he believed it is legal. Mr. Hartwell moved to adopt Res. 08 -04. Mr. Holmes seconded motion. It was commented that the issue on lines 50 -51, to request legislation that broadens municipal home rule and other authority to issue tax -increment financed bonds and other forms of indebtedness without approval by referendum, is in violation of a Supreme Court decision. Dr. Pullen moved to amend the Resolution to remove the item on lines 50 -51. Motion died for lack of a second. The Mayor called for the vote on the motion to adopt Res. 08 -04 and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. RECESS The meeting recessed at 9: 10 p. m. RECONVENE The meeting reconvened at 9:20 p. m. SALARY ADJUSTMENT FOR CITY MANAGER Consideration of salary adjustment for the City Manager. The City Manager was asked if she would prefer to have the money for the disability insurance policy in her pay or provide the disability policy. The City Manager expressed her preference is to keep the disability policy as indicated in the Agreement. The cell phone allowance was noted and it was questioned whether the City provided the City Manager a cell phone. The City Manager stated that she buys her own cell phone and the City does not provide her a cell phone or a blackberry. Mr. Garvie moved to adjust the salary for the City Manager with a 1. 40% Cost of Living Adjustment retroactive to October 1, 2007, from $ 113, 738 to $ 115,330 for the FY 2007 -08 effective October 1, 2007, and to grant a one -time adjustment of 2. 75% ($ 3, 171) payable in one lump sum at the next pay period. Mr. Minich seconded motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich in favor and Pullen opposed. Regular Council 1 - 8 -08 279 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 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.  Regular Council 1 - 8 -08 280 AMENDMENT TO CITY ATTORNEY CONTRACT cont. The City Attorney was questioned if Mr. Lorenz had the same qualifications. The City Attorney replied Mr. Lorenz represents OWC and has been working with the City for 20 plus year and is very familiar with the secondary boards, and would be very adequate. The City Attorney was requested to explain the request for authorization to use the City seal. The City Attorney replied the request to use the City seal was not the right wording and explained the request is to use the City logo on her correspondence by her signature block for use in third -party correspondence for a more official appearance. The City Attorney was questioned on the $ 2, 000 payment for continuing education. The City Attorney explained that would allow her the opportunity to maintain more continuing legal education hours than the required 30 hours, and that would increase her ability to represent the City better. The City Attorney was questioned on the computer research data base charge, whether it is only used for the City and if it was available to others such as the Police Department. The City Attorney replied it is a specific municipal research data base and if they were interested she could probably get another password. She said no one has requested it because usually if there is research to be done she has done it for them. The City Attorney was questioned on the inclusion of "as requested by the City Manager" in # 2 Scope of Services and the inclusion of " City Manager' in # 4 Scope of Legal Services, and questioned whether she works as a Charter Officer independently, making her own decisions, or if she is tasked by others. The City Attorney explained the basis of the contract was drafted when Mr. Silverboard was here and they wanted to make sure that the tasking not only was going to come from City Council but obviously that it would come from the City Manager. She said it is her opinion that she works completely independent from the City Manager, City Clerk, Finance Director, and that she exercises as much discretion as she can in giving opinions. She said it is in Council' s purview to determine how the City Attorney is tasked and how she works but she would say she has enjoyed great latitude with the staff and the City Manager has encouraged that, and it helps her do a better job. The City Attorney was asked the distinction between a task and a request. The City Attorney replied she did not see any distinction; that she agrees to provide specific legal services stated in the Agreement under the Scope of Legal Services and then if there is something extraordinary that Council wanted her to take on, or if the City Manager did, then either one could task her outside of what is in the agreement because it says " and otherwise as tasked by the City Council or as requested by the City Manager." The City Attorney was questioned if that was a conflict with the Charter. The City Attorney said she did not see anything in the Contract as a violation of the Charter and the way they have operated has not been a violation of the Charter in her opinion. The City Attorney was questioned on the reason for the change to an hourly rate rather than the flat rate contract amount so the City would know how much to budget. The City Attorney stated when she first started as the City Attorney there was a suggestion that Council may want to bring the attorney on staff and each year, with the help of Mr. Wiltsie and the City Manager, she has looked at how much it would cost to do that. She said basically they have kept the legal services lower than what it would cost to bring someone on staff. She said in preparing for her taxes this year the contract cost her $ 14, 500 last year and she was paid at a rate much lower. She thought being paid a fair amount of $ 125 an hour is necessary and thought if it is billed at an hourly rate then that will give the City Manager and Council an opportunity to control that amount as well. Regular Council 1 - 8 -08' 2&1 AMENDMENT TO CITY ATTORNEY CONTRACT cont: The City Attorney was questioned whether she made the decision on her own as to what committees