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8-7-23 Special Called Meeting Adopted MinutesMINUTES Special Called Meeting of the City Commission Monday, August 7, 2023 - 5:20 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIANCE ATTENDANCE: Present: Curtis Ford, Mayor Bruce Bole, Commissioner - Seat 2 (District 1308) Michael Waters, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Joe Gerrity, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Kevin Hogencamp, Deputy City Manager (DCM) 1. CALL TO ORDER AND ROLL CALL Mayor Ford called the meeting to order at 5:20 PM. CC Bartle called the roll. 2. PUBLIC COMMENT Mayor Ford opened the Courtesy of the Floor to Visitors. CC Bartle called each speaker to the podium. Brinkley Harrell spoke about his excitement and gratefulness to the Commission on getting through this process. Cindy Anderson expressed opinions on the City Manager search process and Resolution No. 23-30. Amy Rose spoke about Resolution No. 23-30. 3. ACTION ON RESOLUTIONS A. Resolution No. 23-30 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPOINTING MIKE NEW THE CITY MANAGER AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT DESIGNATING HIM AS SUCH EFFECTIVE SEPTEMBER—9 2023; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY, INCLUDING BUT NOT LIMITED TO AN EMPLOYMENT AGREEMENT, TO EFFECTUATE THE EMPLOYMENT OF MIKE NEW TO SERVE AS CITY MANAGER; AND PROVIDING AN EFFECTIVE DATE. Special Called Meeting of the City Commission August 7, 2023 Mayor Ford read the title of the resolution. Mayor Ford explained that there is a tentative start date of September 25, 2023. He also went over a few points in the contract as detailed in the agenda. He explained his thoughts on the housing allowance and how he came to the terms in the negotiations. Commissioner Bole inquired about Section 11 of the contract. CA Gabriel mentioned that there is no pre -requirement for the Commission to give notice of termination. Commissioner Kelly asked about Sections 11 C and 5B of the contract. CA Gabriel clarified that the City would pay any accrued leave whether termination is for or not for cause. Mayor Ford shared that Mr. New requested a clause be included in the contract that will allow a five-day notification of intent to terminate. Commissioner Bole suggested not adding this clause. Commissioner Ring expressed concerns about potential violations of sunshine laws with this clause. Mayor Ford explained that a consensus could be made at a regular meeting to inform everyone of the potential termination and then a noticed meeting following the consensus would take place to allow for official action. CA Gabriel explained that the process would be to have the notice come from the CA or the Commission, which will allow for a five-day cooling, off period. Commissioner Bole expressed that the Commission should not tie the hands of a future Commission by writing such a clause into a contract. CM Gerrity provided his opinions and agreed with Commissioner Bole's sentiments. Mayor Ford also shared Mr. New's interest to his engineering license active as a part of his contract. CM Gerrity opined that this would be considered a part of professional development but deferred to the CA. CA Gabriel advised that the contract broadly captures continuing the professional development of the CM. Commissioner Kelly commented that she was responsible for her own certification fees even though it was part of her job to have one, Commissioners Ring and Waters commented the same. Commissioner Waters expressed that the City is hiring a CM and not a City Engineer, Commissioner Kelly agreed. Commissioner Kelly expressed concerns about transparency and the negotiation process. Commissioner Ring articulated her hopes of receiving the contract sooner and expressed that she would like to hear more public comments. Mayor Ford addressed concerns and answered questions about the negotiations of the contract. Commissioner Waters spoke about the comments he heard about the salary and the housing allowance. He expressed that he was not prepared to vote on the salary. Mayor Special Called Meeting of the City Commission August 7, 2023 4. Attest: Ford expressed that the Commission sent himself and the CA out to negotiate on good faith with the CM candidate. Commissioner Kelly expressed that it was not authorized to make the housing allowance a part of the salary. Commissioner Waters referred to the Commission's discussion about leaving the decision of a housing allowance to the Charter Revision Committee (CRC) and recommended that the allowance be left off. Commissioner Bole discussed Section 5 of the contract. CA Gabriel confirmed that all city employees can accrue up to 680 hours of leave. Commissioner Ring inquired about what happens to the housing allowance if CRC makes the recommended changes. CA Gabriel explained that the contract is currently written to reflect that if the recommended changes are approved by Commission and by ballot, the housing allowance would get taken back if the CM moves out of AB. Mayor Ford explained that he wanted to make sure that the compensation part of the contract is clear. Commissioner Waters recommended leaving the salary at $205,000 and leave the decision up to Mr. New. Commissioner Bole recommended tabling the conversation so that there is more time to review the contract. Mayor Ford expressed concern about leave payout and recommended that City policy be changed across the board. Commissioner Kelly recommended the contract read "standard leave" in the case that the policy is changed in the future. There was a CONSENSUS to table this discussion until Monday, August 14, 2023. CM Gerrity requested that there is clarity of the five-day termination notice. CA Gabriel clarified that there is no notice in the current drafted contract. Commissioner Kelly requested that any further negotiations include CM Gerrity. Commissioner Waters seconded this request. There was a CONSENSUS to include CM Gerrity in further negotiations. ADJOURNMENT The meeting adjourned at 6:22 p.m. lj"In4,L W �v Donna L. Bartle, City Clerk Curtis Ford, or Date Approved: q// / Ato 2 Special Called Meeting of the City Commission August 7, 2023