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Item 1B - 3-8-16 Special Called Meeting MinutesMINUTES SPECIAL CALLED COMMISSION MEETING March 8, 2016 PRESENT: Mayor Mitchell E. Reeves Mayor Pro Tern Jimmy Hill Commissioner Mitch Harding Commissioner John Stinson Commissioner Blythe Waters (arrived at 6:29) ALSO: Nelson VanLiere, City Manager Cathy Berry, Human Resources Director Donna L. Bartle, City Clerk Nancy E. Bailey, Recording Secretary AGENDA ITEM #lB MARCH 28, 2016 Mayor Reeves called the meeting to order at 6:03p.m. which was held in the Commission Chamber for the purpose of hearing oral presentations from the two top candidates (listed below) for the City Attorney position. He explained the procedures for the meeting. It was the consensus of the Commission to have each candidate give their presentations followed by each Commissioner asking the candidates questions. He further explained the two public meetings held earlier with the Commissioners to discuss the financial aspects of the contract for the City Attorney and what was discussed in each. As Commissioner Waters had not yet arrived, Mayor Reeves asked the Commission if they wanted to make a phone call to her to see where she is. Motion: Attempt to contact Commissioner Waters, as she needs to be here for any decision the Commission makes. Moved by Hill, Seconded by Stinson Votes: Aye: 4 -Harding, Hill, Stinson, Reeves Nay: 0 MOTION CARRIED Mayor Reeves recessed the meeting at 6:11 p.m. to allow Commissioner Waters time to arrive. He reconvened the meeting at 6:30p.m. 1. Oral presentations from top candidates in response to Request for Proposal No. 16-02, Legal Services for City Attorney-Firm. A. Patrick W. Krechowski of Gray Robinson P.A. gave a slide presentation on his firm, explaining what they do, who he is and what his background is, and what he can offer. He also addressed the conflict of interest issues that have been expressed and explained his duties in representing Neptune Beach. B. Brenna Durden of Lewis Longman & Walker, P.A. introduced Jack McWilliams who is part of their team and has been bond counsel for Atlantic Beach. She explained her background, education and experience in land planning and community involvement. She also gave a AGENDA ITEM# lB MARCH 28, 2016 presentation on her firm, her philosophy of being part of a team, and managing the relationship with the City Attorney. Following the presentations, each candidate was asked questions by the Commission. Mr. Krechowski and Ms. Durden responded to those questions. Mayor Reeves recessed the meeting at 8:44p.m. He reconvened the meeting at 8:51p.m. 2. Courtesy of the Floor to Visitors on selection of a City Attorney-Firm. Mayor Reeves opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Chris Jorgensen, 92 W. 3rd Street, thanked the Mayor and Commissioners for allowing citizens to speak tonight. He stated the lawyer needs to be able to provide fast, accurate, specific legal advice and expressed concern about conflict of interest. No one else from the audience spoke, so Mayor Reeves closed the Courtesy of the Floor to Visitors. 3. Discussion and selection by the Commission. Mayor Reeves thanked the candidates for being here tonight. He stated he would entertain a motion. Motion: Direct the City Manager to negotiate a contract with the firm Gray Robinson and Patrick Krechowski and bring it back to the Commission for approval for the City Manager to enter into a contract as negotiated. Moved by Stinson, Seconded by Reeves Commissioner Hill stated he did not support that motion due to the existing potential conflicts of interest, i.e. the drainage situation; and they need a candidate that has almost no political faction in their decision-making. Commission Harding agreed with Commissioner Hill in not supporting the motion. He stated, although he is impressed with both candidates, he could not enter into a contract knowing the potential for a conflict of interest. Commissioner Waters stated it came down to personal ethics and Mr. Krechowski said this is an ethics issue, he has ethics, and if there is a conflict of interest he would make both parties aware of it and decide with both of them how to move forward. She stated she believes collaborative efforts with neighbors can be so advantageous and sees potential advantages to that collaboration. She stated she doesn't feel as intrinsically that conflict of interest exists directly in this case or that it should be their primary concern. She stated both parties have brought forth that there can always be a potential conflict of interest; it's how you handle it that is important and she believes Mr. Krechowski has given a good answer that he would handle it professionally and ethically. Commissioner Stinson stated he looked for experience, knowledge, confidence of the candidate, availability to the City and connection to the beach. He stated he liked Mr. Krechowski's direct answers and living in the City gives him a little advantage. Mayor Reeves explained his concerns with some of the answers tonight. He stated he has made calls to former mayors and commissioners and received good feedback that they did not think there was a conflict of interest. He stated they received a letter from our past attorney (Alan Jensen) who said he Page2 of5 AGENDA ITEM #lB MARCH 28, 2016 thought there was, so everybody has different opinions. He stated they need someone who has served as a City Attorney and understands municipal law. Following further discussion, Commissioner Hill asked that they withdraw this motion and make a motion to negotiate with the other candidate. Commissioner Stinson stated to judge either candidate based on what a commission has done in another city or based on what one of their clients has directed them to do is unfair to the candidate, without knowing the facts. He stated he heard Commissioner Hill say he has facts that he is not at liberty or willing to disclose. He stated if there are facts he has that will help them make this decision he would respectfully ask to know what those are. Commissioner Hill responded that due diligence wasn't done on a very simple legal question and that lack of due diligence leaves Neptune Beach in a financially liable situation. He stated it was an employment issue and the due diligence was a fairly simple review of city policy; it was not a complex issue. Mayor Reeves stated he does not want to get into Neptune Beach's issues because they are going to be in court. He cautioned Commissioner Hill on some of his comments because he might find out that there may be a bigger investigation than what he thinks. He stated if that is a possibility, then his whole theory goes down the drain. He stated they need to stay with the facts and proceed that way. Commissioner Hill clarified ifthat was the case then the procedural mistake was not termination for the right reasons, so the mistake was made either way. He stated it is just legal, simple decision-making and a mistake was made and he is aware of the mistake and he can't hire the person that did it in good faith. He stated it isn't a minor mistake; it is going to be a lot of money and the taxpayers of Neptune Beach are going to carry the burden either way. Further discussion ensued. Commissioner Stinson stated he heard Commissioner Hill ask him to withdraw the motion and he asked for a few moments to consider that request. Mayor Reeves stated he is very comfortable with the Gray Robinson group because of the research he has done. He stated both groups have great credibility but his decision is based on what is right for Atlantic Beach, not what went wrong in Neptune Beach, if anything went wrong. Commissioner Hill stated the candidate that is in the motion on the floor was terminated from the firm that is the other option. He stated he doesn't know why and he didn't ask why because it shouldn't matter. He asked the candidate if that was true. Mayor Reeves cautioned Commissioner Hill that he doesn't have the authority to ask that; either go through the Chair or don't say anything. Commissioner Waters stated she believes it is unfortunate that what is being presented as fact is also being presented in such a way as to be mudslinging. She stated she is embarrassed to be participating in it and believes the accusation is being made that not every Commissioner did their due diligence and she disagrees with that. She stated she believes all of them did a good amount of research and came to their conclusions. She stated in the interest of avoiding more negativity she stated she believes it is time to go to vote. Mayor Reeves asked if she was calling the question. Commissioner Waters stated yes. Mayor Reeves called for the vote on the question. Roll Call Votes: Aye: 2-Waters, Harding Nay: 3-Stinson, Hill, Reeves MOTION FAILED Mayor Reeves stated as the vote on calling the question failed, they are still in discussion. Page3 of5 AGENDA ITEM #lB MARCH 28, 2016 Commissioner Hill stated he was given a piece of information, and made a comment that it is critical in his decision, that one of the applicants had worked for the other firm and had been let go. He stated he would like to know if it is true because he doesn't want to make an accusation and doesn't want to leave it as an accusation. He stated he wasn't able to confirm it because it wasn't information that was given to him and he meant to ask it earlier. He asked if Mr. Krechowski had been employed by the other firm (Lewis, Longman & Walker). Mayor Reeves interrupted stating he had been handed a note written by Stan Jordan in the audience that you cannot withdraw a motion once it has been seconded; you must vote. Mayor Reeves stated, however, if he is correct, the person that gave the motion can withdraw it. Commissioner Hill stated to that point, they are doing this without the City Attorney present, who would help them with some of the parliamentary things. Commissioner Hill stated he believes they decided they need to be unanimous. He stated he has nothing personal against this individual; he just believes they need to make the choice that puts them in a position as a board to succeed. Mayor Reeves stated Commissioner Hill is making an allegation/comment about one of the candidates and his concern is that he has information he has heard but it is hearsay. Commissioner HHl stated that is why he wanted to question the candidate. He stated this is a job interview and they are restricted by very strict parliamentary procedures but it is a job interview, which is why he asked. He stated if he can't do it, he understands. He stated the mistake is that he said it and it is unbelievably unfortunate that he didn't ask it during the process. He stated it is an uncomfortable position to be in. He stated if he could take that question back, he would, but it already went into the public format and that individual should publicly get to respond. Mayor Reeves stated he will make a motion that Commissioner Hill has made a comment, it stands for the record in the minutes, and he is going to move forward. Motion: Suspend the rules restricting questioning of the applicants and allow the Commissioner to pose his question. Moved by Stinson, Seconded by Waters Votes: Aye: 5-Harding, Hill, Stinson, Waters, Reeves Nay: 0 MOTION CARRIED Mr. Krechowski stated based on what he has heard tonight and what he has seen tonight, his relationship with Neptune Beach is in jeopardy and he withdraws his application. Commissioner Hill stated, there is your conflict. Mr. Krechowski stated they can speak about the conflict at another time, Commissioner Hill. Commissioner Stinson stated he withdraws his motion. Motion: Direct the City Manager to negotiate a contract with Lewis, Longman & Walker, P.A. and bring it back to the Commission for approval for the City Manager to enter into a contract as negotiated. Moved by Harding, Seconded by Hill Page4 of5 ~'Bll Call Votes: Aye: 3-Waters, Harding, Hill Nay: 2-Stinson, Reeves MOTION CARRIED AGENDA ITEM #lB MARCH 28, 2016 City Manager Van Liere stated he will be meeting with Lewis, Longman & W a'i.ker as soon as possible, since they are going to have this on the agenda for March 14, and will work out the details. Adjournment Mayor Reeves adjourned the meeting at 9:51 pm. Attest: Donna L. Bartle, CMC City Clerk PageS of5 Mitchell E. Reeves Maym