Fort Walton Beach Council minutes — 01-08-08 regular minutes — reading text

EXECUTE AN ACQUISITION FUND AGREEMENT FOR THE LEASE OF CERTAIN GOLF COURSE EQUIPMENT AND ALL SUCH OTHER NECESSARY DocuMENTS TO COMPLETE THE TRANSACTION; AND SETTING AN EFFECTIVE DATE. The Finance Director advised that various items of essential equipment for the Golf Course were included in the FY 07- 08 budget for lease/ purchase, and after RFP' s were issued for both the equipment needed and for the lease-financing terms, Council, at their December 11, 2007 meeting, awarded the Lease Financing Bid for 60- months to the Florida League of Cities/ Bank of America' s master Lease Program. Mr. Minich moved to adopt Res. 08- 02. Mr. Hartwell seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich in favor. REQUEST FOR PROPOSAL- FINANCIAL ADVISORY SERVICES. GENERAL EMPLOYEES PENSION PLAN Consideration of a request to solicit a Request for Proposal for Financial Advisory Services for the General Employees Pension Plan. The Finance Director gave an overview of the services provided by an investment consultant and the discussions held on the role of Merrill Lynch and their contract for services. She noted that the Pension Attorney Jim Linn has made a recommendation that it would be best for the Plan for the City to go out to bid for the service. She explained the focus of the RFP would be exclusively for a consultant that gets paid for advice, which is included under the Federal Investment Advisors Act. It was questioned whether the City should have an overall financial advisor for all investments, which would include the pension fund. The Finance Director stated it is a strong recommendation on her part that, because the City left the SBA, the City is now in a position where the treasury management would either require advanced performance standards and skills of the Finance Department or it would need to be replaced by a consultant or service. She said it is the intention to also compete for a Surplus 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 I. bi}t 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 ~he 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 payor 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. I Mr. Garvie moved to adjust the salary for the City Manager with a 1. 400/ 0 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. 750/ 0 ($ 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. Tj  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. f 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 City better. ability to represent the I 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