Fort Walton Beach Council minutes — 09-21-2010 special — reading text

237 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA SEPTEMBER 21, 2010 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Tuesday, September 21, 2010 at 5: 00 p.m. in the Council Chambers at City Hall with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; joyce gillie gossom; Dennis Reeves; Mike Minich, Bobby Nabors; Bull Rigdon; and Dick Rynearson Also Present: Robert Mearns, City Manager; Helen Spencer, City Clerk; Toni Craig, City Attorney; and Department Directors CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium after being recognized, then state his or her name and address for the record. MOMENT OF SILENCE The Mayor called for a moment of silence in memory of recently deceased Mayor Chuck Bolton, City of Mary Esther. PLEDGE OF ALLEGIANCE The Mayor led in the Pledge of Allegiance. APPROVAL OF AGENDA Mr. Minich moved to approve the agenda as presented. Mr. Reeves seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. CITY ATTORNEY INTERVIEWS Conduct interviews for City Attorney, Contract Services position. The Mayor pointed out the letter received from the firm of Anchors, Smith, Grimsley to withdraw their application. He also noted the email regarding the City Attorney' s advice that the firms not be asked to leave during the interviews but are welcome to sit in the conference room if they desire. The following firms presented its qualifications, followed by a question and answer period of each firm by City Council members. First applicant: William C. Henry, Esq. of Burke Blue Hutchison Walters & Smith law firm. Second applicant: John Colowich, Esq. single practitioner. Third applicant: Hayward Dykes, Jr., Esq. of Conerly, Bowman & Dykes law firm. Mr. Nabors disclosed the former husband of a cousin holds a position in the firm of Pleat & Perry. Ms . gossom disclosed she was contacted by a city resident on behalf of Pleat & Perry. Mr. Minich disclosed that Mr. Miller called him right after the City Attorney gave her resignation but by the time he returned the call there was a cone of silence, and Mr. Miller called him one other time but they did not discuss any matters that pertained to selection of the law firm. 238 Special Council 9 -21 - 10 CITY ATTORNEY INTERVIEWS cont. Mr. Rynearson disclosed he received a phone call from a Destin resident on behalf of Mr. Miller. The Mayor disclosed he received several phone calls from Mr. Miller having to do with comments made at a Council meeting and not in relation to the selection of an attorney. Fourth applicant: J. Jerome Miller, Esq. of Pleat & Perry law firm. The Mayor opened the floor for public comment. As no one wished to speak public comment was closed. CITY ATTORNEY SELECTION Selection of City Attorney, Contract for Legal Services effective October 1, 2010. The Mayor offered two options to proceed: first option is to make a motion then vote on a specific attorney; second option is to vote on each applicant in alphabetical order. Mr. Nabors moved to use the first option to make a motion then vote on a specific attorney. Mr. Minich seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. Mr. Rynearson moved to select the firm of Peat & Perry. Mr. Nabors seconded motion and it failed by a vote of 3 to 4 with Minich, Nabors, and Rynearson in favor and Holmes, gossom, Reeves, and Rigdon opposed. Mr. Holmes moved to select John Colowich. Mr. Reeves seconded motion and it failed by a vote of 3 to 4 with Holmes, Reeves, and Minich in favor and gossom, Nabors, Rigdon, and Rynearson opposed. Mr. Rigdon moved to select the firm of Conerly, Bowman & Dykes. Ms. gossom seconded motion and it carried by a vote of 6 to 1 with gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor and Holmes opposed. Mr. Minch moved to direct the City Manager to negotiate the terms of the contract with Conerly, Bowman & Dykes. Mr. Holmes seconded motion and it carried unanimously with Holmes, gossom, Reeves, Minich, Nabors, Rigdon, and Rynearson in favor. ADJOURNMENT As there was no further business, the meeting adjourned at 6: 10 p.m. APPROVED: / 0 U MAYOR: ATT ST: CITY CLERK ddm Date Completed: 9 -22 -10