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Agenda Item 1C- Minutes Special Called 12-16-13MINUTES OF SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD ON DECEMBER 16, 2013 PRESENT: Mayor Carolyn Woods Mayor Pro Tern Mark Beckenbach Commissioner Jonathan Daugherty Commissioner Jimmy Hill Commissioner Maria Mark ALSO: Nelson VanLiere, Interim City Manager Richard Komando, City Attorney Donna Bartle, City Clerk Nancy Bailey, Recording Secretary Call to order. AGENDA ITEM# I C FEBRUARY 10,2014 The Mayor called the meeting to order at 6:30 p.m. in the Commission Chamber. She explained the procedures for the Special Called and Workshop meetings. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Courtesy of the Floor to Visitors Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. Kirk Hanson, 2393 Ocean Breeze Court, stated there are a lot of failings in the proposed contract for the City Attorney. He listed the omissions from the retainer fee and asked that the Commission renegotiate the contract or consider other firms to make it a more economical contract for the City. He further asked for full disclosure from our Commission regarding a lawsuit funded by one of our Commissioners against the Estates of Atlantic Beach (EAB). He stated the City of Atlantic Beach was a part of the lawsuit because of an easement granted by EAB to the City. He stated he asked at that time for the Commissioner so involved to fully disclose that involvement. He stated when that Commissioner was elected, he resigned his place on the corporation that funded the lawsuit. He stated the first thing that was done in the first meeting when that Commissioner took his seat was that he tried to fire the City Attorney who was defending the City of Atlantic Beach in the lawsuit. He stated he asked at the time, was that in retribution for the City Attorney defending a lawsuit against his interest or was it to clear the field to make it easier for this Commissioner to prevail in his lawsuit. He stated two years later the same City Commissioner voted to fire the City Attorney and the next day he filed a lawsuit against the Estates of Atlantic Beach. He stated the City could become a defendant in the lawsuit because of the easement granted by EAB to the City of Atlantic Beach. He stated, once again, were we just clearing the field for personal interest. He stated, if so, that is an egregious abuse of power and a violation of the trust to the citizens of Atlantic Beach. He asked that there be full disclosure on personal interests with regards to this matter. He further stated a letter was sent to the State Attorney back in 2010 alleging some nefarious activities and misconduct at the City of Atlantic Beach. He stated none of those were borne out; however, interestingly enough, the Assistant State Attorney assigned to the case was Rich AGENDA ITEM# IC FEBRUARY 10,2014 Komando, who was also copied on the letter. He stated it is Rick Komando who we are now looking at bringing in as a City Attorney. He reiterated he believes we need some full disclosure as far as what people's interests are, both personally and professionally regarding what has been happening in Atlantic Beach the last couple of weeks. Dee Reiter, 1798 Selva Marina Drive, addressed the process for the interim City Attorney stating she has questions about how this firm was selected as interim attorneys. She questioned their experience, their fees, their travel time and why we didn't look at lawyers who were closer. She also questioned why there is no agenda item regarding a search for a long-term City Attorney as there is for the City Manager. Judy Beaubuoef, 1209 Beach A venue, stated she echoes what Ms. Reiter just said. She encouraged the Commission to get an RFP out as soon as possible for a City Attorney. She also cautioned that a law firm versus a single attorney may not be better. She pointed out various items on their contract, stating they need to be very clear on what is in the retainer bucket. She urged them to make this contract as interim as possible. Sharon Krauss, 4845 Plymouth St., spoke against the Human Rights Ordinance and read from the homosexual manifesto. Judy Sheklin, 1985 Brista De Mar Circle, spoke in favor of the Human Rights Ordinance. Mike Whalen, 1420 Mayport Road, spoke in opposition to the rezoning of 201 Mayport Road. He stated he is not a lobbyist, a real estate broker, or a special interest group; he is just a citizen of Atlantic Beach who wants the best for Atlantic Beach. He stated Habitat for Humanity is a wonderful organization and he supports it but he does not support the project down the street. He stated it is the wrong location for the wrong job. He stated it will be bad for Mayport Road and believes it will tum into another slum. Atillio Cerqueria, 36 West 6th St. stated he is also opposed to the Habitat for Humanity project going on across the street from the properties he owns. Stated he received no notification of the rezoning. He believes there is a better use for that land and Habitat could fmd an area better suitable. Steve Fouraker, 387 6th Street, addressed the rezoning of the property on Mayport Road stating it sounds more like a development pushed through by developers. He also addressed the cautions about hiring a city attorney and believes this Commission will put out the proper search and find some good attorney/attorneys for this City. He stated he doesn't believe we need to necessarily look within this community; sometimes it is better to have an attorney who is not within the community that they are being the City Attorney of. He stated he doesn't know how the Human Rights Ordinance will go but stated he really doesn't like hate speech. He stated when he hears that it makes him sad but we are so lucky to be in a democratic forum where people can speak their minds and say what they want. No one else from the audience spoke so Mayor Woods closed the Courtesy of the Floor to Visitors. 2. Approve the Agreement for Legal Services and authorize the City Manager to sign the Agreement. City Manager Nelson Van Liere stated many of the Issues spoken about this evening have been -2- AGENDA ITEM # 1 C FEBRUARY 10, 2014 addressed in the contract. He stated they have tried to delineate which items would be covered in the retainer and which would not. He stated he met with the attomeys and has been assured they will be able to work with us through this interim period. He stated any items that would cost the City extra would be discussed before they would do the work and charge us. He also stated travel was included. He introduced the attomeys Rich Komando, Rob Bradley, Sam Garrison, and John Kopelousus, who were in the audience. Rob Bradley, managing partner of Kopelousus, Bradley and Garrison, further introduced Rich Komando, Sam Garrison and John Kopelousus. He gave an overview of his fi1m and explained the highlights of the contract, including that the contract is at will and can be terminated with a no severance clause. He responded to comments made during Courtesy of the Floor. He explained the City would be assigned one attomey, Rich Komando, who will attend all meetings. Motion: Postpone hiring an interim law firm and instead instruct staff to send out an immediate RFP for legal services to be presented to the Commission at the January 13,2014 meeting. Moved by Daugherty Motion failed due to lack of a second. Motion: Approve the Agreement for Legal Services and authorize the City Manager to sign the Agreement. Moved by Beckenbach Discussion ensued. Commissioner Daugherty asked Mayor Woods to disclose her relationship with Mr. Komando and how he represented her. Mayor Woods explained when they met he was an attomey at the State Attomey's office and was investigating things that were going on out here at the beach so when she sent her letter to the State Attomey's office, he was the attomey involved. She stated she found him to be extremely professional and detail oriented and has a great deal of confidence in him personally and in his abilities, and his firm is very well known and respected. Mr. Bradley and Mr. Komando answered several questions from the Commission. Further discussion ensued. Mr. Komando gave a detailed account of his background, experience and qualifications. Commissioner Daugherty commended Cathy Berry and Nelson Van Liere for their work on this contract on a very shmi notice. Mr. Bradley answered questions from Commissioner Daugherty regarding the contract. Commissioner Daugherty stated he would like to make a couple of amendments to the contract. He further discussed the RFP for a City Attomey. Human Resource Director Cathy Berry stated she has already struied looking at how other municipalities have hired their law firms and wants to make sure they don't put in the language of RFP unless they decide that is how they want to go. She stated the City ofNeptune Beach did not do an RFP, they just went through HR, going through the nmmal hiring practice, with the City Commission doing the vetting and interviews, setting the criteria, etc. She stated that is her recommendation; if you put out an RFP, it will just lengthen the time. Mayor Woods stated it would be more appropriate to add this discussion to the agenda item for discussing RFPs for the City Manager. She stated that is not the topic we are on now. Motion: Amend after the first Whereas, after legal services, to add "on an interim basis until such time permanent legal representation has been attained"; add under 2. Legal Services, the retainer -3- AGENDA ITEM# IC FEBRUARY 10, 2014 will compensate KBG for the following legal services, "including travel time"; and under 2c, add preparing in writing all contracts "including the lnterlocal Agreement with the City of Jacksonville"; and, under 5. Termination of Agreement, add "Kopelousos, Bradley & Garrison (KBG) must give 30 days written notice and the City of Atlantic Beach does not have to give any notice." Moved by Mark, Seconded by Daugherty Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mr. Bradley and Mr. Komando answer additional questions from the Commission. Further discussion ensued. At the request of Commissioner Hill, Mr. Komando stated he would give the Commission Sunshine Training and suggested putting it on the next available agenda. Commissioner Hill asked staff if anyone was uncomfortable internally with this relationship or do we have any issues that need to be brought up that have not been afforded our staff at Department Head level. Mr. VanLiere stated he had received no objections from any staff whatsoever. Commissioner Beckenbach asked Mr. Komando if he has any background in ethics violations. Mr. Komando stated a lot of his work at the State Attorney's office did touch on what could be considered an ethics violation or something that would be subject to an administrative review and he has also done a lot of work with training on Sunshine Laws and working with the Attorney General's opinions, as well. Mr. Komando answered several other questions from the Commissioners. Discussion ensued. Mayor Woods also commended Cathy Berry and Nelson VanLiere for the great work they have done this week. She stated she has the utmost confidence in this firm and believes every one of these gentlemen is very qualified to handle our business. She called the question. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mayor Woods called for a recess at 8:28p.m. She reconvened the meeting at 8:34p.m. 3. Award Marsh Multipurpose Path Design and Permitting #14-01. Public Works Directors Rick Carper summarized his staff report stating he IS asking that this be approved in two motions. He showed a slide of the Overall Marsh Master Plan. Motion: 1. Authorize staff to begin negotiations with Hanson Professional Services for consulting services for Design and Permitting of the Marsh Multipurpose Path; and, 2. Authorize staff to execute the contract if fees are within project budget. Moved by Mark, Seconded by Daugherty Mr. Carper answered questions from the Commission. He also showed slides of the various options for -4- AGENDA ITEM# IC FEBRUARY 10, 2014 paths and boardwalks and discussion ensued on the options. Further discussion ensued on how to notify people living along the projected route. Chief Classey answered questions about extra patrols along the path. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED Mr. Carper expressed concern about having both motions voted on at the same time and not individually. City Attorney Komando stated the motion was made for both votes at the same time and that motion carried 5-0, which means whether you look at them independently or collectively, both votes passed. 4. Approve the City sending a letter to Jacksonville wmvmg the requirement to respond to Resolution No. 13-14 to allow for another 60 days. Mayor Woods explained the reason for the extension. Motion: Authorize the City to send a letter to Jacl{Sonville waiving the requirement to respond to Resolution No. 13-14 and to allow for another 60 days. Moved by Daugherty, Seconded by Mark Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED City Clerk Bartle asked if they need to approve the Mayor to sign the letter. Motion: Amend to include allowing the Mayor to sign the letter. Votes: Aye: 5-Beckenbach, Daugherty, Hill, Mark, Woods Nay: 0 MOTION CARRIED There being no further discussion by the City Commission, Mayor Woods declared the meeting adjourned at 9:00 p.m. ATTEST Donna L. Bartle, CMC City Clerk -5- Carolyn Woods Mayor