Board of Commissioners Special Meeting

MINUTES BOARD OF COMMISSIONERS SPECIAL MEETING FEBRUARY 6, 2019 7:00 P.M. A special meeting of the City of Madeira Beach Board of Commissioners was held at 7 :00 p.m. on February 6, 2019 in the Patricia Shontz Commission Chambers at City Hall, located at 300 Municipal Drive, Madeira Beach, Florida. MEMBERS PRESENT: Deby Weinstein, Vice-Mayor/Commissioner District 1 Nancy Hodges, Commissioner District 2 John Douthirt, Commissioner District 4 MEMBERS ABSENT: Maggi Black, Mayor Nancy Oakley, Commissioner District 3 CITY STAFF PRESENT: Jonathan Evans, City Manager Clara VanBlargan, City Clerk Andrew Dickman, Dickman Law Firm 1. CALL TO ORDER Vice-Mayor Weinstein called the meeting to order at 7:00 p.m. 2. ROLL CALL City Clerk Clara VanBlargan called the roll. 3. PUBLIC COMMENT Rees Noren, 363 Medallion Blvd., commented that he would like to know who authorized the $50,000 for the forensic examination, because it was not a forensic audit but a forensic examination instead. There is a wide difference between the two. Robert Preston, 425 S Bayshore, commented on the practices of the Fire Department and stressed concern that a Seminole fire truck arrived at a recent fire in Madeira Beach before the Madeira Beach fire truck had gotten there. 4. AGENDA ITEM TOPIC A. Resolution 2019-02, Acceptance of Resignation and Public Censure of City Commissioner Nancy Oakley, District 3 City Clerk Clara VanBlargan read Resolution 2019-02 in its entirety and the letter of resignation from Commissioner Oakley in its entirety. February 6, 2019, BOC Special Meeting Page 1 of 4 City Manager Jonathan Evans said staff recommended that the Board approve Resolution 2019- 02, accepting the resignation of Commissioner Nancy Oakley and publicly censuring and reprimanding Commissioner Oakley. This is pursuant to the findings that were communicated in the final order by the Florida Commission on Ethics. After stafr s review of the competent substantial evidence disclosed in the report, and that the Commission on Ethics had made a determination that Florida Statutes, Chapter 112.313(6) had been violated associated with the findings contained in the report, which is the official misuse of public position. He said staff recommends approval of Resolution 2019-02 at that time. Commissioner Douthirt thanked Commissioner Oakley for serving the past two years and the six years previously. She did a nice job and had the City of Madeira Beach at heart with her decisions. Commissioner Hodges commented that it was a very sad day for the City of Madeira Beach, and she regretted that they had to go through this. Nancey tried to do her best while she was a Commissioner although they never saw eye-to-eye on a lot of the topics brought about. She hoped that Nancy could move forward and get the help she needed. Vice-Mayor Weinstein said the resolution as presented provided closure and it was important for the City to move on. The first allegiance of a Commissioner is to the City of Madeira Beach, to the government for the good and honest governance. Vice-Mayor Weinstein opened to public comment. Helen Price, 13319 Boca Ciega A venue, commented that terminating the former city manager was in retaliation and a conflict of interest. She wanted to know where the leadership and the ethical government was that had been promised to them. Robert Preston, 425 S. Bayshore Drive, commented that this had come so late for Nancy Oakley to leave office and he could not understand why her behavior was allowed to continue when the Commission knew Ms. Oakley had the ethics complaint filed against her. She should have been asked to leave office. She should have not voted on any personnel matters. Doreen Moore, 13019 Boca Ciega Avenue, said she did not agree with some of the comments that were made, and she supported the current Commission. They have a judicial system. A person is not guilty until found guilty by the ruling judicial system. When the Commission on Ethics ruled, the Commission acted, accepted the resignation, and publicly sanctioned. John Hendricks, 569 Normandy Road, commented on how Nancy Oakley had caused problems for the City when previously serving and said she ran off half the administrative staff. Steve Kochick, 15301 2nd Street East, commented that he was saddened to see that two Commission members were absent from the meeting. Nancy Oakley should have been at the meeting to read the apology or to apologize herself and not be in denial. The facts are in. It is time for Madeira Beach to come together. Vice-Mayor Weinstein said it was not a political forum and asked everyone to stay to the resolution. February 6, 2019, BOC Special Meeting Page 2 of 4 Terry Lister, 338 Boca Ceiga Drive, commented that he was disappointed that the Mayor and Commissioner Oakley were not present at the meeting. He would love to move on. He served as a Commissioner in Madeira Beach for 10 years and worked at nothing but moving the City forward, making it a better place, not only for himself but for his grandkids. In his last year of service, nothing was accomplished because it was always a 3-2 vote. Now, it has been almost three years, and nothing has been done in the City. Somebody needs to take the reins and make the City of Madeira Beach a better place to live. Reese Noren, 363 Madallion Blvd., commented that he was disappointed that things had to come to this tonight. It could have been avoided had they thought of love instead of hate and instead of vengeance, the topic should have been, "What is best for our City." It is time to come together and do what is best for the City. Linda Hein, 401 150th A venue, commented that Nancy was found guilty, she decided to resign, and the process calls for her to be censured. The Commission is doing what they are supposed to be doing in that. This is a step to go forward and to make a less divisive City. A lot of people know that the Commission has done a lot of good things for the City and they will continue doing a lot of good things for the City. Roger Pryor, 223 144th Avenue, commented that the verdict is in and they must move forward. It is ugly and hopefully it will not be ugly anymore. Bill Gay, 423 150th Avenue, commented that there have been 11 adverse decisions against the City over the last several years, most of which belong to the prior Commission and that Nancy was part of one of those. This is the first time any of those violations that occurred have come before the Board for any kind of discussion. Ann Rayow, 557 Crystal Drive, commented that she has been a resident of the City of Madeira Beach for the last 24 years, she loves it, and has seen great things happen. The City cannot move forward if things from the past are continuously being brought up. Everyone needs to learn from that and move forward to make the City a better place. The City Manager explained the reasoning for the meeting and why the passage of the resolution was an important item. He said when convened over the summer months to talk about the organization's mission, vision, and core values, and what was important to the Board of Commissioners and the residents, ethics and integrity were at the forefront of that. So, they crafted the organization's, mission, vision, and core values. As they went through the process and waited for due process to run its course, it was the decision of staff to begin having the conversation as to how they would begin the healing process and how they would move forward as an organization. They believe the resolution encapsulates the elements found in the final order. It shows that this Board of Commissioners, as difficult the situation may be, is in a place where they can self-govern and self-police themselves. The governor's office, Tallahassee, did not say the Board needed to adopt a resolution or to taj(e action_~ It is predicated on them doing the right thing despite who's watching. It is important.as an organization to move forward in such a manner because it shows that they are willing to .!!_oldthemsdves to a higher standard. That is why it is important that those elements and those comments that are on1he wall in the back of the room really mean something. No city manager or no administrator would ever want to be in a situation where they are February 6, 2019, BOC Special Meeting Page 3 of 4 recommending an item to their Board to censure and reprimand one of their elected officials. They believe this is the right thing for the organization to do. It shows they are committed to moving the organization forward and this puts closure to it. This type behavior is something that they, as an organization, will not accept and will not tolerate from all ranks of the organization. Staff is prepared to move forward to work hand-in-hand with the community because they are a community that has resources that other communities would die to have. There is nowhere in Madeira Beach where you can walk for 30 seconds and not be able to see the water. We live in absolute paradise and we must learn to work together for the betterment of the organization and understand that it is always about the City first. It always has and it always will be, and for the preservation of the government it has to be that way. Staff is present to request that the Board accept the resignation and pass Resolution 2019-02. Vice-Mayor Weinstein asked for a motion to pass Resolution 2019-02. Commissioner Douthirt motioned to accept Resolution 2019-02 in its entirety. Commissioner Hodges seconded the motion. Roll Call: Commissioner Douthirt "YES" Commissioner Hodges "YES" Vice Mayor Weinstein "YES" The Motion ca1Tied 3-0. Commissioner Douthirt read from some notes that he had written that day. He said two years ago he decided to run for City Commission because of the way he believed the City was being taken down the wrong path. The previous city manager, Mr. Crawford had been censured and permanently expelled from the ICMA for failure to uphold the ethical principles. At that time, he was appalled that the Mayor and the Commissioners ignored that directive and endorsed his actions and behavior. Some of the same people that wanted Nancy Oakley gone for various reasons had supported and wanted to keep Mr. Crawford and to have him return. 5. ADJOURNMENT Vice-Mayor Weinstein adjourned the meeting at 7:47 p.m. -- February 6, 2019, BOC Special Meeting Page 4 of 4