Fort Walton Beach Council minutes — 04-10-1990 Regular — reading text

particulars of his fee being shaky; Bond Counsel said I won' t talk to you about that, you will have to talk to someone else. The City Attorney said he would be right down there, hold onto his opinion letters, he may withdraw. He assured opinion Council that his letters would not have gone to Atlanta, Georgia and Birmingham, Alabama for distribution without him being I paid, he can guarantee that would not have happened. He said when he arrived he found that Mr. Roseroaum and the Clinic people had been gone for a substantial period of time; no communication was made to Mr. Rosenbaum about the report he had given to the gentleman over phone. He said when he came in, Bond Counsel said, don' t say anything, see this man right here; he directed me to Mr. Anchors, who said everything is in order, please provide us with an invoice. He then sat at a secretaty' s desk, printed an invoice, walked in. handed it to him and prepared to leave; one of the bankers said, just a minute, we' ll bring your check; that is as it transpired. He said the conversation he had on the phone with Bond Counsel when this statement that made all the newspapers at Mr. Rosenbaum' s insistence in contact, happened a good two hours after the decision had been made by the people that he would be paid, as he had been represented he would be paid. He said he quoted the fee in August 1989; the application filed with the City contains adequate summary figures to include the fee he put. He talked with Mr. Anchors periodically prior to the closing, he reported to Bond Counsel, he reported to the Financial Advisor of the Bank what the amount of his fee would be. there was no issue. He said the only time he was asked for the production of an invoice, he produced it within three minutes. He said the Resolution provides specifically what the transaction will entail and he followed that. Mr. deVaux asked if this issue has anything to do with the City. The City Attorney responded it shouldn' t, unless you have a Councilman operating outside the scope of his responsibility as a Councilman, then it gets drawn in here because he gets adversely reflected on and has to defend himself and he has to respond privately to inquiries about what transpired; yes, he thinks it reflects. Mr. Rosenbaum said he is inclined I to agree, he thinks it reflects on the City. Mr. Merriwether remarked he did not think it had anything to do with the City. The City Attorney requested someone to secure those opinions and see who they are issued to, that was another erroneous statement made. He said his guarantee of insurance of a bond issuance extends to the world. it extends to all parties involved. and those purchasers; and it is not an opinion that is issued to the City. He said he issued it in representing the City and reflects that. 226 4- 10/ 11- 90 IDRB ( CONT . ) The City Attorney said if he made an error in his actions regarding it that impacts upon the City, he has a liability. He said if Council wants to go through another transaction approach that the City insures him so that he is not insuring eve~ body else, and the City holds him harmless, that is another situation; but he did not think the City could do that because he thinks they will violate the tax exempt status of the Bond. During a brief discussion on the normal procedure at closing for disbursement of the attorney' s fee, and whether an invoice is usually submitted for services, the City Attorney said he usually worked from disbursement sheet on closing but as soon as they requested an invoice. he produced it. Mr. Rosenbaum said in no way did he question the City Attorney charging a fee, the only question that arose while he was at the closing was whether or not the Guidance Clinic would be billed, or if the City would be billed, or how it would be billed. Mr. Rosenbaum moved to instruct the City Manager to study the guidelines procedures and for the Industrial Development Revenue Bonds and to return to Council with a Resolution and recommendations. Motion was seconded by Mr. Maney. Mr. Rosenbaum requested one thing to be considered is that the fees incurred to becharged to the applicant are to be billed by or through the City, including the City Attorney fee. The Mayor called for the vote on the motion and it carried by a vote of 6 to 1, with Rosenbaum, deVaux, Wyatt. Maney, Merriwether, and Wyninegar in favor, and Smith opposed. Mr. Rosenbaum remarked he still feels the City is in a posture of the City Attorney representing the City but billing someone else; and to him that is improper. COMET STREET FENCE Mr. Maney said at the last Council meeting he moved that the bids for the stucco wall be rej ected due to prohibitive costs. He has since taken an : inspection tour of the two housing areas and discovered a difference in security. Butler Terrace is secured by a six foot chain link fence and is a good fence. Robinwood Street area has a fence which is six feet in some areas, some areas have none, and other areas have a four foot fence. Mr. Maney moved to have the City Manager obta:in bids to put up the same quality fence and shrubbery as exists at the Butler Terrace area; and to address the issue of what size or type construction is necessary. Motion was seconded by Mr. Smith.  227