Fort Walton Beach Council minutes — 05-08-12 regular — reading text

Page 4  287 Regular Meeting Minutes May 8, 2012 Ms. gossom advised she also has been contacted by employees and citizens regarding the performance of the City Manager and that she too has had a difficult time in completing the employment evaluation. Mr. Goodwin informed he has not received any type of comments and is not aware of any types of concerns, and therefore is not comfortable supporting this motion. He cautioned the Council in taking any kind of drastic action at this time. Mr. Nabors also informed he is not aware of any kinds of concerns with employees and he has not heard or received any reaction from staff regarding the performance of the City Manager, and that the issue needs to be looked into before such action is taken, and he would not support the motion at this time. Mr. Rigdon reported he has heard negative comments as well and that something needs to be done. Mr. Goodwin stated that no real issue with the City Manager has been addressed, and he feels it would be dangerous for the City to take action because it would appear the City cannot make decisions or keep things consistent and has too many irons in the fire with nothing being accomplished. Also, the City Manager works for the Council and Council works for the public; the City Manager does not work for the employees although it is expected that employees be treated with respect from a managerial position. Mr. Goodwin also expressed concern that, without knowing all the information, it could appear that some of the crows pointed at the City Manager are actually directed at a poor economy, a poor tax base, lack of revenues, and the tough decisions that need to be dealt with, and cautioned taking such drastic action until the issue can be looked at further. Mr. Nabors stated he also opposes the motion because no particular problem or issue was pointed out. He stated the opinion that the City Manager has done what needed to be done in order to keep the City running effectively and efficiently on a tough budget in a poor economy. The vote on the motion to terminate the contract of the City Manager, Robert Mearns, effective immediately, carried by a vote of 5 to 2. RESULT: ADOPTED 15 TO 21 MOVER: Dennis Reeves, Council Seat 3 SECONDER: Dick Rynearson, Council Seat 7 AYES: Griggs, gossom, Reeves, Rigdon, Rynearson NAYS: Trey Goodwin, Bobby Nabors Mr. Reeves moved to appoint Michael Beedie as the acting city manager until the time a new city manager can be appointed. Mr Rigdon seconded motion. Mr. Reeves and Mr. Rigdon stated they feel Mr. Beedie is up to the task and will help the City get through this difficult time. They noted his education, confidence, and experience with the City were factors in his nomination. Discussion ensued regarding the difference between an acting or an interim city manager. It was noted an interim is usually for a certain amount of time, such as 30 days, and that Council can set the parameters as to the level of responsibility the individual should have. City Council ofFort Wahon Beach Page 5 Printed 5192012  Minutes 2012 Mr. Goodwin expressed concern that this is a spur of the moment decision and wants to ensure the most qualified individual is selected as interim or acting city manager. Sylvia Hanks, Administrative Services Director, advised she would support Mr. Beedie for the position of interim or acting city manager. When questioned, Ms. Hanks stated she would recommended an acting city manager as opposed to an interim city manager. Mr. Rynearson requested that at the May 22 meeting, an item be placed on the agenda to discuss compensation for Mr. Beedie in his role, and any other issues that may arise. Also, to have a draft replacement plan for the City Manager prepared by Ms. Hanks for Council to discuss on May 22. The vote on the motion to appoint Michael Beedie as Acting City Manager carried RESULT: ADOPTED [ UNANIMOUS] MOVER: Dennis Reeves, Council Seat 3 SECONDER: Bobby Griggs, Council Seat 1 AYES: Griggs, gossom, Reeves, Goodwin, Nabors, Rigdon, Rynearson CITY ATTORNEY REPORTS None. MAYOR/ COUNCIL COMMENTS Mr. Reeves noted that Council sometimes has to make difficult decisions and tonight was one of them. He acknowledged the positive work Mr. Meams did for the City, but noted the employees' pleadings to him at his place of business made him want to help. Mr. Goodwin stated that although he did not support the motion to terminate the city manager, he is in full support in moving forward and finding a qualified individual to lead the city. The Mayor reminded Council and the public of the special meeting at 6 pm on Thursday, May 10, to discuss the upcoming budget for the Police Department. The Mayor advised he attended the ceremony for the Outstanding Airmen and Civilians of the Year; that the EDC is working on incentive program to waive ad valorem property taxes for new businesses; that the spaghetti luncheon at the Senior Center was successful; and that Gail Meyer, Manger of the Heritage Park and Cultural Center, was recognized by the Okaloosa County Women's Hall ofFame. ADJOURNMENT: 7: 19 pm Attest: Ile r4 s City Clerk City ( e-, it ofFort Walton Beach Page 6 Printed 51912012  FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL, COMMISSION. AUTHORITY, OF COMMITTEE LAST NAME —FIRST NAME —MIDDLE NAME C. H. Bulls Ri don City Council MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION AUTHORITY OR CW MITTEE ON WHICH I SERVE IS A UNIT OF 9 Bay Drive SF L CITY OCOUNTY OOTMER LOLPL AGENCY CITY COUNTY Fort Walton Beach OICal. D6a NAME CityyPofFo of FortSUBDIVISION alt Beach Walton OATS ON WNIOH VOTE OCCURRED iìay 8, 2012 MY POSITION Is'. X ELECTIVE O APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, Council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112. 3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position, For This reason, please pay Goss attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112. 3143, FLORIDA STATUTES A person holding elective or appointive County, municipal, or other local public office MUST ABSTAIN tram voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal ( other than a government agency) by whom he or she is retained ( including the parent organization or subsidiary of a Corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of Community redevelopment agencies under Sec. 163.356 or 163. 357, F.S., and officers of independent special tax districts elected on a one -acce, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a' relative" includes only the office' s father, mother, son, daughter, husband, wife, bmther, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A' business associate means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or Corporate shareholder ( where the shares of the Corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you am abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by Completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form ( before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. ( Continued on other side) APPOINTED OFFICERS ( continued) A copy of the form must be provided immediately to the other members of the agency. The form must be mad publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose