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1-12-26 Regular Commission Meeting Adopted MinutesMINUTES Regular City Commission Meeting Monday, January 12, 2026 - 6:00 PM w' Commission Chamber City Hall, 800 Seminole Road Atlantic Beach, FL 32233 INVOCATION AND PLEDGE OF ALLEGIANCE CALL TO ORDER: Following the Pledge of Allegiance, Mayor Ford called the meeting to order at 6:00 PM. CC Bartle called the roll. ATTENDANCE: Present: Curtis Ford, Mayor - Seat 1 (At Large) Bruce Bole, Commissioner - Seat 2 (District 1308) Thomas Grant, Commissioner - Seat 3 (District 1307) Candace Kelly, Commissioner - Seat 4 (District 1306) Jessica Ring, Commissioner - Seat 5 (District 1312) Also Present: Kevin Hogencamp, Interim City Manager (CM) Jason Gabriel, City Attorney (CA) Donna Bartle, City Clerk (CC) Ladayija Nichols, Deputy City Clerk (DCC) Amanda Askew, Neighborhoods Department Dir. (NDD) Bob Blanco, Human Resources Director (HRD) Victor Gualillo, Police Chief (PC) APPROVAL OF MINUTES 1A. Approve minutes of the Regular Commission Meeting held on December 8, 2025. The Commission approved the minutes as submitted. MAYOR FORD REQUESTED MOTIONS AS FOLLOWS 8B. RESOLUTION NO. 26-07 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) PURSUANT TO SECTION 287(g) OF THE IMMIGRATION AND NATIONALITY ACT TO PERMIT DESIGNATED OFFICERS TO PERFORM CERTAIN IMMIGRATION ENFORCEMENT FUNCTIONS; AUTHORIZING ATLANTIC BEACH POLICE DEPARTMENT STAFF TO PARTICIPATE IN AND MANAGE IMPLEMENTATION OF THE PROGRAM; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY ATTORNEY TO EXECUTE CONTRACTS AND DOCUMENTS NECESSARY TO EFFECTUATE THE Regular City Commission January 12, 2026 2. PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION. Withdraw (agenda item) 8B (Resolution No. 26-07). Motion: Bruce Bole Second: Jessica Ring Mayor Ford indicated that additional information is needed and the item may be brought back at a future date. Curtis Ford For Bruce Bole (Moved By) Far Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed S to 0. 8.C. RESOLUTION NO. 26-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ACCEPTING THE DONATION OF A PEACE POLE FROM THE ROTARY CLUB OF JACKSONVILLE -OCEANSIDE; APPROVING ITS INSTALLATION AT JACK RUSSELL PARK; ESTABLISHING CONDITIONS FOR ITS MAINTENANCE AND RELOCATION; AND PROVIDING AN EFFECTIVE DATE. MOTION. To continue Resolution No. 26-11 to the next meeting (January 26, 2026). Motion: Bruce Bole Second: Jessica Ring Curtis Ford Bruce Bole (Moved By) Thomas Grant Candace Kelly Jessica Ring (Seconded By) Motion passed 5 to 0. COURTESY OF FLOOR TO VISITORS 2.A. Wreaths Across America Presentation For For For For For Connie Craven from the Jean Ribault Chapter of the Daughters of the American Revolution made a presentation about the Wreaths Across America event on December Regular City Commission January 12, 2026 13, 2025. She presented certificates to employees and volunteers that helped with this event. PUBLIC COMMENT The following speakers provided their comments: Mardie Le Bouton Ellen Glasser Carol Brady Mark Gabrynowicz Ingrid McCawley Ali Hall Dan Giovannucci Don Wolfson referenced and email (which is attached hereto and made part of this official record as Attachment A). Carolyn Zisser referenced and email (which is attached hereto and made part of this official record as Attachment B). Jim Wheatley Molly Mitchell Danciger Julie LaGoy Lisa Goodrich Nancy Staats referenced and email (which is attached hereto and made part of this official record as Attachment Q. Amy Gieseman Mitch Reeves Penny Rauckis Albert Kerber Jackie Beckenbach Michael Kulik Lisa Herrold Linda Lanier Brinkley Harrell Ken Simon Bruce Andrews Ellen Golombek Meghan Timcke Stephen Fouraker 1-12-26 Attachment A 1-12-26 Attachment B 1-12-26 Attachment C 3. CITY MANAGER REPORTS 3.A. Accept the 90 -Day Calendar (Jan. - Mar. 2026) Regular City Commission January 12, 2026 Commissioner Kelly noted that a Martin Luther King Day celebration would be held at St. Paul's by the Sea at 11:00 a.m. on Monday, January 19, 2026. There was a CONSENSUS to accept the amended 90 -Day Calendar. 3.C. Alcohol Service Policy (Proposed for Review/Feedback) CM Hogencamp presented this item as outlined in the agenda, responded to questions from the Commission, and noted that a formal policy would be forthcoming. 3.D. Fee Modification and Codification (Proposed for Review/Feedback) CM Hogencamp, NDD Askew, and CC Bartle presented the item as outlined in the agenda, responded to questions from the Commission, and received direction to bring the item back to the Commission. 4. REPORTS AND/OR REQUESTS FROM CITY COMMISSIONERS Commissioner Ring • Encouraged commissioners to register for webinars scheduled during the Florida Legislative Session. • Announced that she would be attending FLC Legislative Action Days. • Briefly discussed Airbnb-related issues and expressed that she would like to see more action from the City on this issue. • Suggested consideration of a requirement for commissioners to meet with Charter Officers prior to publishing performance reviews. Commissioner Grant • Requested that a date be scheduled for a workshop with ESC to discuss Chapter 23. • Noted a potential stormwater issue in the Sevilla neighborhood and suggested it be addressed prior to heavy rainfall. • Encouraged staff to follow up on the 20th Street lift station project. Commissioner Kelly • Recommended that the City follow FLC procedures when conducting the City Manager selection process. Commissioner Bole • Thanked CM Hogencamp and staff for their efforts related to the First Night event and expressed appreciation for upcoming centennial celebrations. • Commented on the City Manager search. • Expressed agreement with Commissioner Ring's comments regarding Airbnb-related issues and Charter Officer performance reviews. Mayor Ford • Expressed support for a citizen committee for the City Manager search and suggested former mayors be considered as advisors. 4.A. Next Steps for City Manager Selection (Mayor Ford) Former City Manager Jim Hanson provided guidance on the city manager search process as detailed in a search guide he provided to the Commission (which is attached hereto Regular City Commission January 12, 2026 and made part of this official record as Attachment D). Mr. Hanson answered questions from the Commission. The Commission reached a CONSENSUS to have HRD Blanco put together an RFP for a City Manager search firm. Commissioner Bole was selected to serve as the liaison working directly with Human Resources on this matter. HRD Blanco responded to questions from the Commission, and CA Gabriel clarified that the liaison role would not raise Sunshine Law concerns. Discussion occurred regarding the potential formation of a citizen committee and a possible application process, and the Commission agreed to continue this discussion at a future meeting. Commissioner Bole indicated that an agenda item would be included on future agendas to allow ongoing discussion of the City Manager search. The meeting recessed at 8:32 PM and reconvened at 8:46 PM. 1-12-26 Attachment D 5. UNFINISHED BUSINESS FROM PREVIOUS MEETINGS None. 6. CONSENT AGENDA 6.A. Approve Resolution No. 26-02. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING A MULTI-YEAR AGREEMENT WITH ALLIED UNIVERSAL CORPORATION TO PROVIDE CHLORINE AT A UNIT PRICE OF $2,022.20 PER ONE -TON CONTAINER; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE 6.11. Approve Resolution No. 26-04. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO MULTI-YEAR AGREEMENTS FOR UTILITY CONTRACTOR SERVICES WITH FERREIRA CONSTRUCTION, GPH SERVICES, GRUHN MAY, INC., HAGER CONSTRUCTION, AND THE KENTON GROUP (A.K.A. BALDWIN'S QUALITY PLUMBING); AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE 6.C. Approve Resolution No. 26-05. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXPENDITURE OF $54,931.39 FOR C&L LANDSCAPE, IRRIGATION & BUILDING TO RE -DECK THE TIDE VIEWS PRESERVE Regular City Commission January 12, 2026 is NORTH DOCK; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.D. Approve Resolution No. 26-06. A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE EXPENDITURE OF $56,060.25 FOR C&L LANDSCAPE, IRRIGATION & BUILDING TO REPAIR THE GAIL BAKER COMMUNITY CENTER DECK; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE 6.E. Approve Resolution No. 26-08. A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY TO DECLARE FOUR VEHICLES AS SURPLUS FOR A TRADE-IN VALUE OF $3,300; AUTHORIZING THE CITY TO PURCHASE TWO NEW 2026 GMC SIERRA PICKUP TRUCKS AT PRICES OF $46,789 AND $46,589, RESPECTIVELY, AFTER THE TRADE-IN VALUE IS APPLIED; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND PURCHASE ORDERS IN ACCORDANCE WITH AND AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6.F. Approve Resolution No. 26-10. A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE JACKSONVILLE SHERIFF'S OFFICE (JSO) TO DESIGNATE JSO'S 911 CENTER AS THE CITY OF ATLANTIC BEACH'S BACK 911 CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND ANY RELATED DOCUMENTS TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. MOTION: Approve consent agenda 6A - 6F as written. Motion: Bruce Bole Second. Candace Kelly Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly (Seconded By) For Jessica Ring For Motion passed S to 0. COMMITTEE REPORTS Regular City Commission January 12, 2026 None. 8. ACTION ON RESOLUTIONS 8.A. RESOLUTION NO. 26-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING AN AGREEMENT FOR ELECTRICAL TROUBLESHOOTING AND REPAIRS WITH LIMBAUGH ELECTRICAL CONTRACTING; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS AND CONTRACTS AS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Discussion ensued. MOTION: Approve Resolution (No.) 26-03. Motion: Bruce Bole Second. Thontas Grant CM Hogencamp indicated that he would report back on why there was only one bidder. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed S to 0. 8.D. RESOLUTION NO. 26-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE APPOINTMENT OF DEPUTY CITY MANAGER KEVIN HOGENCAMP AS INTERIM CITY MANAGER; AUTHORIZING CONTINUED SERVICE IN THE CAPACITY OF CITY MANAGER UNTIL THE APPOINTMENT OF A PERMANENT CITY MANAGER; AUTHORIZING AN ADDITIONAL SALARY PERCENTAGE AND MILEAGE ALLOWANCE DURING THE TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. HRD Blanco answered questions from the Commission. MOTION: Approve 26-14 amend to show 15% base increase to 20% should it be more than 6 months (after the effective date) included the mileage rate of $500. Motion: Bruce Bole Second: Jessica Ring Regular City Commission January 12, 2026 9. Curtis Ford For Bruce Bole (Moved By) For Thomas Grant For Candace Kelly For Jessica Ring (Seconded By) For Motion passed 5 to 0. ACTION ON ORDINANCES 9.A. ORDINANCE NO. 5-26-73, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 14, PLANNING/ZONING/APPEALS, ARTICLE I, SECTION 14-1 REMOVE OUTDATED REFERENCE TO THE COMPREHENSIVE PLAN AND ALLOW FOR AMENDMENTS TO THE COMPREHENSIVE PLAN; ARTICLE II COMMUNITY DEVELOPMENT BOARD, SECTION 14-17, COMPOSITION; QUALIFICATIONS OF MEMBERS; OFFICERS ADDING A SECOND ALTERNATE MEMBER; SECTION 14-18, TERMS OF OFFICE OF MEMBERS; FILLING OF VACANCIES, DELINEATING THE SUCCESSION OF THE ALTERNATE MEMBERS; SECTION 14-19, REMOVAL OF MEMBERS, CLARIFYING THE PROCESS; SECTION 14-24 APPEALS, CHANGING DIRECTOR TO CITY MANAGER OR HIS/HER DESIGNEE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Discussion ensued. The public hearing was opened, there were no speakers and the public hearing was closed. MOTION: Adopt Ordinance No. 5-26-73. Motion: Bruce Bole Second. Thomas Grant Curtis Ford For Bruce Bole (Moved By) For Thomas Grant (Seconded By) For Candace Kelly For Jessica Ring For Motion passed 5 to 0. Regular City Commission January 12, 2026 10. MISCELLANEOUS BUSINESS 10.A. Beaches Town Center (BTC) Parking Fee PC Gualillo responded to questions from the Commission. CM Hogencamp stated that an ordinance would be drafted to revise the BTC paid parking rate to $2.50 per hour, replacing the current rate of $1 per 30 minutes, and to extend free parking for registered AB residents from 3 to 4 hours. He also noted that a revised Interlocal Agreement with the City of Neptune Beach would be presented at a later date. MOTION. Approve BTC parking fee increase as stated by the CM. Motion: Jessica Ring Second. Bruce Bole Curtis Ford For Bruce Bole (Seconded By) For Thomas Grant For Candace Kelly Against Jessica Ring (Moved By) For Motion passed 4 to 1. 10.B. Public Hearing - APP25-0007 - Appeal of a decision of the Community Development Board (CDB) for variance ZVAR25-0018 at 136 Oceanforest Drive N Request for a variance to to install a generator within the required side yard setback. 10.B1. City Attorney Procedural Reminders CA Gabriel explained the procedures as detailed in the agenda packet. 10.B2. Disclosure of Ex Parte Communications, if any No disclosures were reported by the Commission. 10.B3. Swearing in of all persons who will speak CC Bartle administered the oath to all speakers. 10.114. City Staff Overview NDD Askew presented as detailed in a presentation (which is attached hereto and made part of this official record as Attachment E) and answered questions from the Commission. 1-12-26 Attachment E 10.B5. Applicant Presentation Regular City Commission January 12, 2026 Mitch McCue, applicant representative presented as detailed in a presentation and photos (which are attached hereto and made part of this official record as Attachment F) and answered questions from the Commission. 1-12-26 Attachment F 10.66. Public Comments There were no speakers. 10.67. Closing Comments/Rebuttal Mr. McCue provided closing comments and answered questions from the Commission. 10.88. Commission Deliberation and Action Discussion ensued. MOTION: Approve the applicants request based on Section 24-65c number 3. .41otion: Thomas Grant Second: Jessica Ring Curtis Ford For Bruce Bole Against Thomas Grant (Moved By) For Candace Kelly Against Jessica Ring (Seconded By) For Motion passed 3 to 2. 3.13. Special Magistrate CM Hogencamp explained the contract. The Commission approved a contract extension by CONSENSUS. 11. CITY ATTORNEY/CITY CLERK REPORTS AND/OR REQUESTS CC Bartle • Noted that three individuals had requested to have their emails entered into the meeting record, and the Commission agreed to include them. 12. CLOSING COMMENTS BY CITY COMMISSIONERS AND CITY MANAGER Commissioner Ring • Encouraged everyone to register for the FLC webinars about the upcoming legislative �T-i*l[a)111 13. ADJOURNMENT The meeting adjourned at 10:05 PM. Regular City Commission January 12, 2026 Attest: Donna L. Bartle, City Clerk Date Approved: 2/A Z402�o �fjolef ; I Curtis Ford, May Regular City Commission January 12, 2026 Attachment A to 1-12-26 Minutes From: Don Wolfson To: Ford. Curtis; Bole.Bruce; Grant.Thomas; Kelly. Candace; Ring. Jessica; Bartle. Donna; Hooencamp.Keyin; Gabriel. Jason Subject: Resignation - Bill Killingsworth, City Manager Date: Monday, January 12, 2026 10:42:34 AM January 12, 2026 Dear Mayor Curtis Ford, Commissioner Bruce Bole, Commissioner Thomas Grant, Commissioner Candace Kelly and Commissioner Jessica Ring: As a former mayor, I respectfully and sincerely express to you my disappointment and concern with the way the resignation of City Manager, Mr. Bill Killingsworth was managed. The full commission has the responsibility to be involved with the negotiation details of the Separation Agreement. Neither the Mayor nor the City Attorney has this unilateral authority. Commissioner Kelly fully understands this obligation. Several of you have expressed your regret that you had second thoughts regarding your vote on January 6, If you honestly feel this way, I suggest that you "move to reconsider" the approval of Mr. Killingsworth's Separation Agreement and bring the matter up for further discussion. According to you, Mayor Ford, during your regularly scheduled weekly meeting with the former City Manager on January 5th, you expressed your opinion to him that the city is going in a "different direction" and changes need to be made which led to the persuasion of the City Manager agreeing and deciding to abruptly resign effective immediately. Mayor Ford, it was presumptuous and beyond the scope of your authority to negotiate on behalf of the Commission and with the City Manager any and all specific terms of the Separation Agreement - such as and not limited to the time of resignation, transition dates, compensation, benefits and anything related to such a separation. At the time that Mr. Killingsworth mentioned his intention to resign, it was appropriate for you, Mayor Ford, to suggest that Mr. Killingsworth submit his letter of resignation to the Commission for further action to be taken up at the next regularly scheduled commission meeting the following week. At that time, the Commission could make the decision as to how to proceed and direct the City Attorney to draft a Separation Agreement according to the terms as decided by the Commission. Unfortunately, this did not happen. I am not attempting to change the outcome of Mr. Killingsworth's resignation; however, propose that the Commission approach the task of separation differently. The perception and facts known as of this writing have unnecessarily and rightfully raised alarm, concerns, and mistrust among many Atlantic Beach citizens about the way that this Commission, except for Commissioner Kelly, relinquished its responsibilities in this serious matter. The rush to accept Mr. Killingsworth's letter of resignation and to approve the final draft of the Separation Agreement which staff provided you late Monday afternoon was irresponsible and disingenuous. How could this action not raise concerns? Other than you Mayor Ford, commissioners justifiably felt blindsided. By placing this matter on today's agenda would have allowed all commissioners to do their due diligence carefully before calling for a vote. Attachment A to 1-12-26 Minutes Another glaring error, among several, was the Deputy City Clerk polling last Monday morning the commissioners as to their availability to attend an "Emergency Meeting to Discuss Employment of the City Manager and any Related Matters" last Tuesday. It is my understanding Mayor Ford that you requested the "emergency meeting". The error: the purpose of the meeting did not meet the requirements of the Florida Statute to call such a meeting. Subsequently, the meeting was changed from an "emergency meeting" to a "special meeting" after alarming commissioners and citizens unnecessarily. I assume that the City Attorney clarified that the intended meeting was a "special meeting" by definition and the correction was made. This error is important because it re-emphasizes another mistake made during this exercise. Returning to my suggestion to the commissioners regretting your initial vote to accept the letter of resignation and the Separation Agreement, you may accomplish this procedurally according to AB's Charter, Article II - CITY COMMISSION, Sec. 2-19. Rules of conduct and procedure at meetings: prevailing side to move a reconsideration at the same or next regular meeting. If a motion to reconsider is lost, it shall not be renewed and reconsidered without the unanimous consent of the city commission in attendance at the meeting at which reconsideration is requested". [For further clarification, please refer to "Robert's Rules of Order" as a guide to follow in our Charter's rules of procedure at meetings.] A member from either side may second the motion and a 3-2 majority will prevail. Please confirm this action to do so with our City Attorney. I will remind you that our form of municipal government is a "Commission -Manager Government" with what is referred to as having a "weak mayor". The City Manager is the chief administrative officer of the city and is fully responsible for municipal administration. The mayor is the ceremonial head of our city. Although the mayor is an important political figurehead, this importance does not provide the mayor -commissioner with more authority than any other commissioner when conducting the legislative business of our city. Mayor Ford, your role in the resignation of Mr. Killingsworth appears to have exceeded the authority granted to you in our city's Charter. Commissioners Bole, Grant, Kelly and Ring, please recognize, accept, and perform the provisions of the Charter and our ordinances as you have sworn to do. Sincerely, Donald M. Wolfson. cc: Donna Bartle, City Clerk Jason Gabriel, City Attorney Kevin Hogencamp, Deputy City Manager Attachment B to 1-12-26 Minutes From: To: Ford, Curtis; Bole.Bruce; Grant.Thomas; Kelly. Candace; Rina. Jessica Subject: City Manager Search Process - the Public and Transparency. Date: Sunday, January 11, 2026 10:31:34 AM Attachments: imaae001.12ng Good morning Mayor Ford and City Commissioners, am a long-term active citizen of Atlantic Beach as well as an Attorney. I am deeply concerned about the circumstances surrounding our city manager, Bill Killingsworth's, rapid departure from his city manager position. A highly reliable source has stated that Bill Killingsworth did not intend to resign when he went into the meeting with Mayor Ford earlier this past week. The fact that nearly all of the commissioners, with the exception of Mayor Ford, were surprised by the news of Bill's "resignation", casts widespread concern in our community that his resignation may have been influenced by our Mayor. I greatly commend Commissioner Candace Kelly for her strong courage and candor at the City Commission meeting on Monday, January 5, calling out what she saw in the mysterious and sudden circumstances of Bill Killingsworth's "resignation". For these reasons, it is critically important that the entire City Commission implement a transparent, professional, and citizen centered procedure for selecting the next City Manager consistent with our Charter's Commission -Manager form of government, with an elected five member City Commission and an appointed City Manager as Chief Administrative Officer. To best achieve these goals, I strongly urge you to vote at the City Commission meeting on Monday, January 12, 2026 to: 1. Follow the Atlantic Beach Charter by appointing Kevin Hogencamp to automatically ascend to be Interim Acting City Manager. 2. Follow the Guidelines for selecting anew City Manager asset forth in the Florida City/County Manager search guide posted on the Florida League of Cities and Florida City/County Manager Association websites, which I believe you have been provided. 3. Hire an Executive Search Firm specialized in recruiting municipal executives. This should be characterized as an investment, not an expense, especially given the large cost of replacing key employees, including but not limited to severance pay, as well as emotional cost as seen in the last city commission meeting and its fallout. Let's do it right! Attachment B to 1-12-26 Minutes 4. The City Manager search committee should be headed by the Mayor Pro Tem. 5. Articulate our city vision and reaffirm our Commissioner -Manager form of government in the city manager job description so that both the Search firm, the search committee, and the City Manager candidates understand his or her responsibilities and duties and all the commissioners are on board. I have articulated the above in good faith and in appreciation for all the hard work done by our commission and city. It is written with the intent and fervent wish that Atlantic Beach must preserve its form of government, with a strong city manager at the helm, and implement an open transparent process for replacing our city manager that our citizens understand and believe in. Thank you very much for your time and consideration. Sincerely, Carolyn S. Zisser Carolyn Zisser Attorney ul CONFIDENTIALITY AND PRIVILEGE NOTICE: This e-mail communication, and any attachment hereto, contains legally privileged and confidential information, subject to the attorney—client privilege, and is intended only for the use of the addressee(s) named above. If you are not the intended recipient of this e-mail, or an authorized employee or agent responsible for delivering it to the intended recipient(s), you are hereby notified that any use, dissemination, printing, or copying of this e-mail is strictly prohibited. If you received this e-mail in error, please immediately notify the sender by reply e-mail, delete this e-mail from your printed and electronic records, and do NOT retain any copies, electronic or otherwise. DISCLAIMER: UNIFORM ELECTRONIC TRANSACTIONS ACT ("UETA") ( Section 668:50, Florida Statutes): If this communication concerns negotiation of a contract or agreement, UETA does not apply to this communication; contract formation in this matter shall only occur with manually -affixed original signatures on original documents. TAX ADVICE DISCLOSURE: Pursuant to the requirements of Internal Revenue Service Circular 230, we advise you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties that may be imposed under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. Attachment C to 1-12-26 Minutes From: Nancy Staats To: Bole.Bruce; Kelly. Candace; Ford. Curtis; Grant.Thomas; Rina. Jessica Cc: Bartle. Donna; HOdencamD.Keyin; Gabriel. Jason Subject: Please utilize best practices in finding our next CM Date: Monday, January 12, 2026 7:32:07 AM Dear Commissioners, 1 am very disappointed and remain concerned about the sudden resignation of our CM, Mr. Bill Killingsworth. It seems like there was unilateral decision-making happening, since none of the other city commissioners knew of any serious problems until the "emergency" (or "special') meeting was called on Monday Jan S by our mayor. On Jan 6, the other 4 city commissioners were told that our CM had tendered his resignation and new terms of severance had been negotiated, apparently without anyone's knowledge (except perhaps the city attorney?). The whole affair felt rushed, mysterious and very out of character for our CM. It should be noted that the structure of AB's city government means that the CM handles most staff and organizational duties, and that each commissioner has one equal vote, including our mayor. It does not allow unilateral authority by one commissioner (or commissioner -mayor), whereby decisions are made without the input and discussion of the other city commissioners. There have also been concerns raised as to whether the terms of the severance followed all applicable employment laws. The other 4 commissioners should be rightfully upset. Sadly, only Commissioner Kelly voiced appropriate dissent, I believe in a misguided effort to spare our CM any more drama. In addition, since our city is structured to be managed by a strong city manager (Council -Manager Format) having this important position unfilled again contributes to uncertainty and is NOT good for our city or its citizens. We are once again searching for a new city manager, just 2 years into the last manager's tenure, making it even more difficult to find a quality candidate. I am requesting that HR conduct a thorough exit -interview of Mr Killingsworth, along with anonymous surveys of our current staff to determine if there are any issues that need to be addressed and ensure that our city's work culture is not hostile. Doing anything less exposes us to future lawsuits. In addition, I am respectfully requesting: 1) we follow our charter and install our deputy manager into the manager position ASAP, with an appropriate adjustment in salary now that he is doing both jobs 2) we ensure that our search includes specific criteria, incorporating our current Attachment C to 1-12-26 Minutes city vision and mission statement. Please note: our citizens just voted a little over a year ago by a margin of 2:1 to amend the language in our mission to include Environmental Stewardship to its powers along with requiring a citizen referendum to develop our parks. The spirit of preservation of our trees, canopy and wetlands is in our mission statement and is critically important 3) we endeavor to follow state guidelines in our new search, conducted transparently and fairly- please see attached best practices document 4) we employ a professional search consultant in order to maximize our options and minimize risks (NOTE: in the long run, the expense of a consultant is much Athan the cost of frequent turnovers of this important position) 5) Please vote to establish a Citizen CM Search Committee, made up of 5 members, one chosen by each current city commissioner (not voted on by the entire body) along with one CC serving as liaison but not a voting member. This will ensure transparency and restore public trust in the process, much of which has been lost recently. You may find the following article from the city of Newberry of interest: httjs //www wUft.org/nolitics/2025-02-11/two-weeks-after-search-starts-newberrv- rommissioner.c fwd-new-ci -manager-in-current-mayor It was suggested by our mayor that Mr Killingsworth was not "in alignment" with the citizens ofAB, who are "more sophisticated and wealthier" now. The fact is our citizens have voted and want to preserve our unique and welcoming city, including its tree canopies, wetlands, beaches and heritage trees, and we want to address our resiliency in meaningful ways. In short, I am asking that we preserve not only our beautiful city, but also its current form of government. Thank you for your consideration, Nancy Staats, MD Attachment D to 1-12-26 Minutes FC FLORIDA CITY/COUNTY MANAGER A w M B, AAUiLlm May 2024 Attachment D to 1-12-26 Minutes NTRODUCTION' Selecting a city or county manager or administrator' is one of the most important decisions made by a governing body.' The objective of this guide is to assist local elected officials and staff with the search process.4 Recruiting and selecting a new manager can be a very positive, enjoyable, and unifying experience for a governing body. It provides an opportunity for the governing body, as a group, to think together about objectives and priorities as a basis for determining the characteristics of an effective manager for their community. Like a chief executive officer in a Fortune 500 company, the manager is responsible for serving the governing body, managing the financial aspects of the organization, directing the employees, ensuring quality customer service, and implementing legal and ethical standards. Additionally, as a resource to the governing body, the manager will help determine whether governing body objectives and priorities are appropriately defined, considered, and implemented. Unique to public agencies, the manager oversees an organization that is focused on providing a variety of services to the community rather than on making profit. The position of manager requires a variety of skillsets. Not every person can perform this role. Therefore, selecting the right person for the job is critical to the success of the governing body and of the community. Recruiting and selecting a new manager provides an opportunity for the governing body to look to the future in a way that is seldom experienced when considering agenda items at a typical governing body meeting. 'Appreciation is extended to Texas City Management Association (TCMA) for permission to use their 2022 edition of "Guidelines for Recruiting a City Manager." "'City or county manager or administrator" or similar titles will be referred to as "manager" hereafter. 3 "Governing body" as used in these guidelines refers to the mayor/chair and council/commission and their roles as outlined in the city/county charter, administrative procedures policy, and general laws as applicable. 'In 2023, the Board of Directors of FCCMA requested that the Senior Advisors prepare a Florida search guide for chief administrative officers. A public/private partnership work group made up of the following members prepared this guide: Jim Hanson, Senior Advisor and Chair; Russ Blackburn, Senior Advisor; Kurt Bressner, Senior Advisor Emeritus; Dan Kleman, Senior Advisor; Carol Russell, FCCMA Association Services Coordinator; Doug Thomas, Executive Vice President of Recruitment & Leadership Development, Strategic Government Services (SGR); Lynn Tipton, FCCMA Director Emeritus; and Heidi Voorhees, President, GovHRUSA, a Division of MGT Consulting of America. 1 Attachment D to 1-12-26 Minutes When faced with an upcoming or immediate vacancy in the manager position, the governing body must provide the following: Strong, consistent political leadership for conducting the recruitment I& A well -organized, coordinated and transparent recruitment A timetable that ensures a prompt, comprehensive recruitment and guards against premature action G A plan for administering the affairs of the city/ county while the recruitment is underway The governing body must act thoughtfully and deliberately in determining how to ensure that operations of the local government are properly managed during the period before a permanent manager is selected and on the job. In some cases, the members of the governing body may agree they have confidence in a specific staff person. Should the governing body determine that there is no one on staff whom it can or wants to appoint as the interim manager, it may decide to retain the services of a retired or in -transition manager. The governing body should publicly announce the appointment of the interim manager, making clear to all stakeholders that the interim manager is responsible for implementing governing body policy and overseeing operations. Florida Government in the Sunshine: Strict compliance with Florida law for all aspects of the search is essential. The position profile or other search documents must clearly advise all potential applicants that their application materials are subject to public disclosure under Florida law. Assurances of confidentiality cannot be provided. This guide will discuss: 1. Steps Prior to Recruitment 2. Responsibility for Recruitment 3. Role of the Outgoing Manager and Guidelines for the Interim Manager 4. Parameters of Recruitment 5. Generation of Candidate Pool b. Selection Following these six steps will help guide a successful search. Attachment D to 1-12-26 Minutes STEPS PRIOR TO RECRUITMENT Prior to recruitment, the governing body, with assistance of staff and possibly the Florida City and County Management Association (FCCMA) Senior Advisor Program or the Florida Association of Counties (FAC), should: • Authorize preparation of a concise announcement to the public, the organization and stakehold- ers regarding the executive vacancy. • Provide a timetable and option for selection of an interim manager. • Identify local charter and state statute requirements for the position. • Review the current job description. • Identify and agree upon the essential characteristics and criteria of the next manager. • Obtain a status report on organization and projects. • Discuss compensation, benefits and employment agreement. • Discuss housing assistance if residency is required. • Prepare an outline of a recruitment plan. • Defer key actions where possible until the new manager arrives. These core elements should be addressed by the governing body at the start of the search. K Attachment D to 1-12-26 Minutes RESPONSIBILITY FOR RECRUITMENT The governing body is responsible for determining the approach used to conduct the recruitment. Regardless of the process used to recruit and evaluate manager candidates, members of the governing body must be clear that they will approve the selection of final candidates, conduct the interviews, and make the final selection. Four search options are summarized here: 1. The governing body conducts the recruitment in-house using the elected body members, organization staff (such as the human resources department), the interim city manager (if that person is not a candidate for the permanent position), or some combination of these. 2. The governing body outsources the recruitment by contracting with a firm that specializes in providing executive search assistance to cities or counties. Using an executive search firm provides the most comprehensive search. 1,6 3. The governing body authorizes a search conducted by the FCCMA Senior Advisor Program or the FAC.' 4. The governing body authorizes a hybrid approach, conducting the recruitment internally with assistance from the FCCMA Senior Advisor Program or the Florida Association of Counties. Deciding who conducts the recruitment is highly individualized. Considerations include whether the governing body wants to conduct an extensive marketing campaign, has the capacity and willingness to perform all tasks related to recruitment, and/or has a challenging political operating situation that may have an impact on the candidate pool. Having an external, neutral third party assist with the search may be appropriate. 'Contact FCCMA staff for a list of Florida -involved search firms or see Exhibit A. "Florida Local Government Executive Search Firms." 'See Exhibit B. "Search Firm Services Typically Provided." 'The FCCMA Senior Advisor Program search services are limited to cities and towns under 10,000 population and counties under 50,000 population. However, the Senior Advisor Program is available to meet with jurisdictions of any size to assist in finding an interim manager and outlining the scope of a manager search. Specific search services required should be discussed with the FCCMA Senior Advisor Coordinator or the FAC representative. N Attachment D to 1-12-26 Minutes ROLE OF THE OUTGOING MANAGER AND GUIDELINES FOR THE INTERIM MANAGER The Code of Ethics for the International City/County Management Association (ICMA) provides guidance to the role of the outgoing manager in a recruitment as well as guidelines for the interim manager. ICMA Code of Ethics — Tenet 3: Demonstrate by word and action the highest standards of ethical conduct and integrity in all public, professional, and personal relationships in order that the member may merit the trust and respect of the elected and appointed officials, employees, and the public.$ The exiting or retiring manager should refrain from working on the process itself (other than directing necessary staff to do their respective roles) and should maintain an appropriate distance from the governing body as their deliberations proceed. If appropriate, the outgoing manager may provide insights to candidates. The interim manager who is a candidate for the post must refrain from all involvement in the process, which would be a conflict of interest. The interim manager who is not a candidate for the post may talk with staff about processes and procedures and can assist the elected officials with questions as necessary. Since the incoming manager, in theory, will continue to work with an internal former interim manager, fact -based neutrality as an interim manager should be an overriding principle to guide the level of involvement during the recruitment. All members of ICMA and FCCMA are obligated to follow the ICMA Code of Ethics. Understanding this requirement will help ensure professional management. "The entire ICMA Code of Ethics may be found here: https://icma.org/page/icma-code-ethics 5 Attachment D to 1-12-26 Minutes PARAMETERS OF RECRUITMENT Prior to starting a search, the governing body should establish the parameters of the recruitment. At the onset of the recruitment, the governing body must address who will be involved in the search. Participants may include the governing body, staff, and/or a citizen committee, if authorized by the governing body. Staff: The staff role can vary, depending upon whether the governing body, an executive search firm, an FCCMA Senior Advisor, orthe FAC is responsible for conducting the recruitment. If the governing body or the FCCMA Senior Advisor Program is conducting the recruitment, staff will often be responsible for placing advertisements and collecting resumes. They may also assist in scheduling interviews. If an executive search firm is involved, the firm may be responsible for all these administrative details. The role of staff in this case is usually limited to providing information about the community and organization and to coordinating generally with the search firm. When an executive search firm is involved, staff often provide additional input to develop the Manager Profile and sometimes are invited to participate in other events during the interview process. Citizen Engagement: In some instances, governing bodies have involved individual citizens or citizen committees in defining desired characteristics of a new manager and participating in an advisory role in the review leading to the determination of finalists. The participants in the screening should represent a cross section of the community as much as possible. However, regardless of the type or level of citizen candidate review, only the governing body decides on interview candidates and hires the new manager. Identifying the desired characteristics and goals for the new manager goes to the heart of the recruitment. A profile can encompass those qualities, characteristics, education, experience, and areas of expertise of the ideal candidate. The profile should also address any residency requirements for the position. Using the profile as a guide and considering how applicants measure against the established criteria and against one another, the governing body can better ensure that the candidate it appoints has the combination of management experience and leadership style to be successful in the position. Developing the manager profile helps the governing body define its needs and establishes the groundwork for generating a rich pool of applicants with the skills and abilities to address the needs of the governing body, community, and organization. Additionally, the profile should include information 2 Attachment D to 1-12-26 Minutes about the attributes of the community, issues it faces, quality of life, and objectives that the new manager should achieve. The governing body has a responsibility to present the position accurately, attractively, and competitively. In summary, it is vital for the governing body to determine by consensus what their community needs, include these needs in the profile, and refer to these needs when considering all candidates' skills and backgrounds. These characteristics and objectives help the governing body identify in detail their ideal manager within the potential candidate pool, review resumes, select finalists, and hire the best "fit" for the community.9 While it is important for the governing body to have some general understanding of the salary parameters that will be acceptable, the governing body must also allow itself some flexibility in this area. The governing body can and should obtain comparable data for other cities/counties of similar size in their region.10 In addition, benefits and housing assistance should be confirmed. After the Manager Profile has been approved by the governing body, advertising can proceed." When a manager vacancy is advertised, resumes will usually be received from individuals in different parts of the country. Since the governing body is looking for the best candidate, all resumes received should be reviewed carefully. Some governing bodies will choose to focus on their state or region, thinking that these candidates may have a better understanding and orientation to problems they face, legal issues, financing alternatives, and similar matters. Given the competitive nature of the profession, a nationwide search is recommended. It is advantageous for the governing body to ensure that every professional who might have an interest in the vacant position is aware of the opportunity to apply. In addition to posting the position vacancy in professional publications, websites, social media, and job boards, a brochure describing the community, the position profile, and the governing body's key goals and objectives will enhance the opportunity to attract outstanding candidates. 9See Exhibit C. "Sample Manager Profile." 10See Exhibit D. "Manager Salary and Benefit Information." "See Exhibit E. "Places to Advertise." Attachment D to 1-12-26 Minutes Publication deadlines must be considered to properly advertise a vacant manager position in a timely manner. An ideal search timeline will provide 30 - 60 days from the start of the recruitment to the deadline for submitting resumes; 30 - 60 days to review resumes; 30 days to schedule interviews with candidates, hold interviews, conduct background checks, and select a candidate; and a minimum of 30 - 45 days for the new manager to relocate to the community. The estimated time from start to selection of a new manager is between 90 to 120 days. The governing body must discuss and reach a consensus on each of the above parameters at the outset of the recruitment. This consensus will not only result in a framework for conducting the overall recruitment but also help ensure that the governing body is unified in its approach to the recruitment of a manager. After this consensus has been reached, the recruitment can move forward. F Attachment D to 1-12-26 Minutes GENERATION OF CANDIDATE POOL The recruitment is distinguished from the selection by focusing on the generation of a sufficient pool of qualified applicants so that the selection has a reasonable number of applicants to screen. Professionalism, punctuality, and responsiveness during this period of advertising and obtaining applications for the position is key because applicants receive their first impressions of the community and organization during the recruitment phase. Candidates must not only have technical and administrative skills and experience, but also possess the "non -task -related factors" of thejob. The manager'sjob has certain well-defined managerial tasks, such as budgeting, supervising, and communicating, which are vital to the organization's core operations. A manager may carry out well-defined managerial tasks but may be lacking in non -task -related factors, resulting in poor overall performance. In today's complex public sector, communities are an ever-increasing mix of races, ethnicities, religions, gender identity, and sexual orientation. It is important for communities to seek out candidates from various backgrounds, cultures, ages, genders and experiences. This not only ensures a fair representation of the community's population, but also brings in a variety of perspectives and ideas that can contribute to the effective administration of the local government services and can foster innovation, creativity and knowledge. Recruitment goals can be furthered through targeted outreach, social media postings of the vacant position, advertising on a variety of websites that are specific to local government, advertising on websites that serve underrepresented minorities, and generally demonstrating an open and welcoming culture. To effectively recruit, the local government must market the position so that its requirements are clear to potential applicants. The goal of recruitment is to generate a sufficient pool of qualified applicants. To accomplish this, relations with applicants must communicate professionalism and responsiveness as well as provide accurate, descriptive information about the position, the community and the status of the process. The local government can use both outreach and advertising while making sure that both approaches encourage a broad-based candidate pool. Z Attachment D to 1-12-26 Minutes SELECTION After the deadline for submitting resumes has passed, selection begins. Methods used to screen applicants typically include careful review of each candidate's resume and cover letter, social and print media presence, consideration of reference letters and/or reference calls, and interviews—virtual, face- to-face, or a combination of the two. Dependence upon a single information source is not advised. The singularly most important premise of the council-manager form of government is the political neutrality of the manager, who is professionally required to perform in a non-partisan manner and to avoid electoral politics. This professional standard, along with education and training, ensures that the professional manager relies on technical and administrative reasoning in all official duties. Similarly, the governing body's role in the recruitment and the selection of a manager must remain politically neutral. Elected members must not expect the manager to share their political perspectives. The governing body must not inject partisan politics into selecting a new manager. Unless the governing body has retained an executive recruiting firm to assist in the selection or is using the services of FCCMA's Senior Advisor Program or the FAC services, the governing body must review resumes. To narrow the field of applicants, those reviewing the resumes must compare them with the recruiting criteria adopted by the governing body at the onset of recruitment. A common selection initially reduces the applicants to a highly qualified group of approximately ten (10) candidates. When the initial resume review has been completed, the most qualified, smaller (perhaps 5 — 9) second -round group of applicants will be subject to more thorough background checks, including references, social media usage history, and possibly virtual interviews. All finalists should have a full background check. The governing body must resist the temptation to select finalist candidates before background checks have been completed. Based upon the candidates' qualifications per the original selection criteria of the governing body and the results of the background checks, the governing body then chooses a smaller group of 3 - 5 finalists, who are invited to the community for interviews. 12See Exhibit F. "Background Checks — Recommended Scope of Services." 10 Attachment D to 1-12-26 Minutes It is recommended the governing body prepare a list of reserve candidates in the event that any finalists decide not to pursue the position. Interviewing must be well organized and the setting comfortable. A discussion leader should be designated, and all governing body members must participate. The governing body may opt for individual discussions with each finalist. Some types of questions or inquiry are prohibited by law. The city or county attorney should prepare a report or guideline of what types of questions or inquiry must be avoided in either the public interview or individual discussions. The focus must always remain on KSA — knowledge, skills, and abilities. The governing body should ask the same questions of each candidate.13 The governing body may choose to supplement interviewing by inviting employees, community leaders, and/or the public in general to participate. For example, finalists may meet with the department heads or other staff to review departmental operations in more detail or to receive a tour of the community. Similarly, finalists may meet with selected community leaders to receive input on matters the leaders consider important to the local government. A public reception or question -and -answer session with candidates is often held. Note that this type of involvement is to provide the candidates with additional information about the community. Employees and/or community members will not be involved in the actual selection of the city manager. If the partner is invited to accompany the finalist candidate, this part of the selection must be well -organized and based on the interests of the partner, insofar as that can be determined and accommodated. Additionally, partner involvement may be beneficial to the candidate's review and assessment of the community. Confirm the city or county policy on reimbursement of expenses in conjunction with the interview. The practice of most local governments is to reimburse candidates and partners for any actual out-of- pocket expenses. 13See Exhibit G. "Do's and Don'ts of Interviews and Interactions with Candidates." "If comment cards are used for feedback at a public reception or session, be mindful that in Florida those comments are public record. 11 Attachment D to 1-12-26 Minutes Selection produces three possible outcomes: • One finalist has emerged as the clear choice. • The governing body has narrowed down to more than one finalist whom they would like to pursue further. • No finalists are acceptable. If one clear first choice occurs, the governing body, through its representative, can notify the candidate, confirm the willingness of the candidate to accept the position, and then move to finalize a total compensation package and other arrangements. If the governing body decides to further consider two or three finalists, it may choose to invite those finalists (and possibly the finalists' partners) for a second interview. If no finalists meet the governing body's expectations, the governing body may decide to rescreen some of the applicants who did not make the first round of finalists. Another option is to restart the entire search. If the governing body is unable to satisfactorily conclude negotiations with the first -choice finalist, the governing body may want to open discussions with one, some, or all the other finalists. Until all arrangements have been completed with a first -choice finalist, the governing body should postpone notifying the other finalists. Additionally, after successful negotiations with a new manager have been made, all other applicants should be notified as a professional courtesy. After the governing body has chosen the new manager and that individual has indicated a willingness to serve as manager, a representative of the governing body and the city or county attorney should be designated by the governing body to discuss and finalize compensation and other terms of employment with the selected candidate.15 The final terms of employment and compensation, including an employment agreement compliant with Florida Statutes, must be reviewed and approved at a public meeting by the governing body. 16 15See Exhibit H. "Preparing the Job Offer and Contract Approval Process." 16 See Exhibit I. "Sample Florida Employment Agreements." 12 Attachment D to 1.12-26 Minutes Based on the adopted criteria and objectives for the position, the governing body makes the final determination of the applicants selected for interviews. The finalist group must be large enough to expose the governing body to a workable number of diverse competencies, skill sets, and personalities. Political neutrality of the governing body and the candidate is essential. Staff, community, and partner involvement may be included in the interview. The local government should reimburse interviewees. In most cases, a minimum of 3-5 finalists are interviewed face-to-face. The governing body may establish a back-up finalist group in case any of the finalists decide not to pursue the position. Following the interviews, the governing body selects its choice as candidate to offer employment and discuss terms of employment, which must be approved by the governing body at a public meeting. CONCLUSION Selecting a professional manager is one of the most important decisions a city or county will make. Following each of these steps can enhance success. The thorough, consistent, and transparent process in this Florida City/County Manager Search Guide promotes cohesive and effective local government. LIST OF EXHIBITS • A. Florida Local Government Executive Search Firms • B. Search Firm Services Typically Provided • C. Sample Manager Profile • D. Manager Salary and Benefit Information • E. Places to Advertise • F. Background Checks—Recommended Scope of Services • G. Do's and Don'ts of Interviews and Interaction with Candidates • H. Preparing the Job Offer and Contract Approval Process • I. Sample Employment Agreements FC Florida City and County Management Association P.O. Box 1757 Tallahassee, FL 32302-1757 850.701.3607 13 Attachment D to 1-12-26 Minutes Exhibit A: Florida Local Government Executive Search Firms Strategic Government Resources RO Box 1642, Keller, TX 76244 (817)337-8581 https://www.governmentresource.com/ Jopeters@strategicgovernmentresources.com Colin Baenziger and Associates 2055 S. Atlantic Ave. Suite 504, Daytona Beach Shores, FL 32118 (561) 707-3537 http://www.cb-asso.com/Active Recruitments.asp Colin@cbasso.com GovHR USA/MGT 630 Dundee Road, Northbrook, IL 60662 (847)380-3240 Heidi Vorhees, President, GovHRLISA https://www.govhrusa.com/ https://www.mgtconsulting.com/ Hvoorhees@govhrusa.com Bob Murray and Associates 1544 Eurika Road, Roseville, CA 95661 (916)784-9080 https://www.bobmurrayassoc.com/ apply@bobmurrayassoc.com Mercer Group Associates 107 Indigo Lane, Athens, GA 30606 (706) 983-9326 https://mercergroupassociates.com/ info@mercererouoassociates.com S. Renee Narloch and Associates 2910 Kerry Forest Pkwy, Tallahassee, FL 32309 (850)391-0000 https://www.srnsearch.com/ info@srnsearch.com Sumter Local Government Consulting Atlanta, GA. (404) 555-0525 https://sumterlocalgovconsulting.com/ warren@sumterconsulting.com Slavin Management Consultants 304 Holcomb Bridge Road Suit A-1, Norcross. GA 30071 (770) 449-4656 http://www.slavinmanagementconsultants.com/welcome.shtml Slavin management consultants.com Attachment D to 1-12-26 Minutes Exhibit B: Search Firm Services Typically Provided As discussed in Section 2, Responsibility for Recruitment, the elected officials may decide to contract with an executive recruitment firm to facilitate and assist with the process of selecting their next administrator/manager. Whether to contract with a firm or not depends on several factors, including the presence of a qualified in-house employee, the city's capacity to perform in-house recruitment, the reason for the vacancy, and the challenges facing the city. Services Provided by the Recruitment Firm An Executive Recruitment firm facilitates the selection process and generally includes the following tasks: 1. Facilitates the elected body's discussion of key qualifications and experiences they desire in their next Administrator/Manager; in addition, the firm can facilitate community focus groups and internal organization meetings that will provide additional insight into the qualifications and experiences for the next Administrator/Manager. Tools such as survey documents may also be an option for seeking community/organizational input. 2. Assist with establishing the salary range and other executive level benefits that reflect the current market in the region. 3. Develop marketing materials that showcase the community and organization. This marketing brochure will also provide a detailed description of the position and the expectations outlined by the elected body. 4. Provide application management, outreach through social media and personal outreach to ensure the position is marketed widely to potential candidates. 5. Evaluate candidates based on criteria provided by the elected body. 6. Provide the elected body with a detailed report to assist them in selecting candidates to interview. 7. Conduct highly detailed media and social media searches on each candidate presented for consideration by the elected body. 8. Conduct reference calls, criminal background checks, educational verification and other due diligence within state and federal laws. 9. Facilitate the interview process. This includes ensuring the candidates have the details for the meeting with the elected body and other interview panels that may be a part of the selection process. In addition, the firm can provide sample interview questions for the elected body to consider. 10. Facilitate the elected officials' discussion of the finalist candidates and advise on elements of the employment agreement. Attachment D to 1-12-26 Minutes Vetting Executive Recruitment Firms In selecting an Executive Recruitment Firm, Elected Officials may consider the following: • Does the firm understand the unique dynamics of local government in general and the city/county manager/administrator position specifically? • Can the firm effectively market the position and reach top candidates? • Can the firm effectively evaluate the candidates with objectivity, reflecting the criteria provided by the elected body? • Does the firm offer a guarantee if the selected candidate leaves or is let go within the first year of employment? It is strongly suggested that if the elected body is considering utilizing an executive recruitment firm, they request proposals from several firms and interview two or three finalists to ensure there is alignment between the firm and the elected body. Attachment D to 1-12-26 Minutes Exhibit C: Sample Manager Profile The development of the position profile is an opportunity for the hiring authority to come together and discuss what they are seeking in their next manager/administrator. If community members are asking to be included in the process, this is an excellent opportunity to obtain their feedback so it can be used in developing the profile and in screening applicants. The following information should be included in the profile: Community/County Information — Marketing information (population, location, regional attractions, recreational opportunities, schools, retail/business climate) about your community or county. What are the highlights? This section should ideally include links to your website, chamber of commerce information, etc. The Organization — This section should include your form of government, the names of departments, number of employees and size of annual budget. Again, links to your budget and any strategic planning documents would be helpful. The Position — Specifics about the position — who it reports to and who are the direct reports to this position. This section should include high-level responsibilities. Information on key attributes and experiences for interested candidates can be included in this section. Opportunities and Challenges — What short- and long-term challenges and opportunities will the next person in this position face? Typically, 4-5 issues are mentioned in this section. Qualifications and Leadership/Management Skills Desired —This should include what potential candidates must have and then what additional qualifications and skills are highly desirable. Flexibility with respect to requirements candidates must have should be minimized to assist in achieving a broad pool of candidates. Compensation and Benefits — It is very important to include a compensation range. Using DOQ (Dependent on Qualifications) will reduce the size of the candidate pool. Salaries are public information, so it is important for the hiring authority to discuss what range they expect to pay within and to advertise that range. In addition, if residency is required, it is important to include that information in this section. Application Process — Indicate application deadline and how to apply. This section should also include contact information for questions. Note: A full position profile or brochure typically includes photos of the community/county and organization and may also include relevant graphics/organizational charts. For advertising on websites, a shorter version of the profile that hits on an abbreviated version of these components will need to be developed. Attachment D to 1-12-26 Minutes Exhibit D: Manager Salary and Benefit Information In Florida, the following entities provide a salary survey that includes county and municipal information: Florida Public Human Resources Association (FPHRA) Annual Survey This is the broadest, most comprehensive Florida local government survey General Website: www.fphra.org Salary Survey page: https://www.fphra.org/page-1818928 Note: membership is required to access the data (you can contact them to see if a fee can be paid in lieu of membership) Florida League of Cities Annual Survey Positions in the municipal survey include elected officials, attorneys, clerks, and managers. To request a population -based response with cities close to the same size, please contact the Research Staff at (850)222-9684. Access to the total data is not available; customized requests only. Website: www.floridaleagueofcities.com In addition, some county and municipal human resources departments do a Peer City or Peer County comparison of five to ten similar governments and collect specific salary and benefit data for selected positions. Attachment D to 1-12-26 Minutes Exhibit E: Places to Advertise — 2024 ICMA All Current Jobs: https://icma.org/job-center (fee — based — national) Linked -In: https://business.linkedin.com/marketing-solutions/native-advertising/single-job-ads (fee — based — national) FCCMA Job Listings: http://fccma.org/jobs/ (no cost — Florida) Florida Association of Counties Jobs Posted: https://www.fl-counties.com/government-jobs (no cost — Florida) Florida League of Cities: https://www.floridaleagueofcities.com/jobs (no cost — Florida) National League of Cities: https://iobsonline.nlc.org (fee — based — national) National Association of Counties: https://iobs.naco.org/ (fee — based — national) National Forum for Black Public Administrators: https://careers.nfbpa.org/emplovers/ (fee — based — national) Local Government Hispanic Network Job Board: https://www.Ighn.org/i4a/careerHub/ (fee — based — national) GovHR Jobs Board: https://www.govhrusa.com/post-a-job/ (fee — based — national) Strategic Government Resources (SGR) All positions: https://www.governmentresource.com/executive-recruitment/job-board (fee — based — national) Careers in Government: http://www.careersingovernment.com (fee — based — national) Employ Florida: https://www.employflorida.com/vosnet/Default.aspx (must register for access - Florida) Georgia Local Government Access (GLGA), a joint effort of the Georgia Municipal Association and the Association County Commissioners of Georgia: http://www.glga.org/ (no cost — Georgia) Government Jobs: https://www.government4obs.com (fee — based — national) GovtJobs.com: http://www.govtiobs.com/ (fee — based — national) Attachment D to 1-12-26 Minutes Exhibit F: Background Search Information and Resources For a city or county conducting a manager/administrator search, the following information is Florida -specific and provided to assist staff with this part of the search. For the initial applicants: • For a preliminary review of all applicants, staff can conduct a search of the top 200 results in Google/social media for each one. While this step can take time, it can help eliminate those whose background or experiences do not match expectations/preferences. For interviewees and finalists: • Check references supplied by the candidate — additional references can be contacted if candidate's current position is not jeopardized. Check with the candidate about contacting former employers, for example. • Consider additional background information ahead of the interview; consult own local government's policies on this. Some organizations have physicals, drug screens, etc. • Watch online streaming of candidates' current employers' board meetings to see the candidates' interactions with their current elected body and the public. • When selecting a third -party firm to conduct additional background due diligence, ensure that the firm is verifying educational credentials, driving record, SSN verification and is reviewing various federal and local crime databases. It is important to follow federal and state laws regarding background checks including the review and sharing of credit history. • A few of the firms often used in Florida by city and county governments: o Goodhire firm: www.goodhire.com o NAPS Background Checks firm: www.napsbec.com o TruDiligence firm: www.trudiligence.com Attachment D to 1-12-26 Minutes Exhibit G: DOS AND DON'TS OF INTERVIEWS AND INTERACTIONS WITH CANDIDATES TOPIC ACCEPTABLE QUESTIONS UNACCEPTABLE QUESTIONS NAME Whether work records are under To ask if a woman uses Miss, Mrs. another name. or Ms. or ask for maiden name. AGE Only if there are specific, age-related Age or age group requirements of the job. After hire, proof of age can be required. NATIONAL ORIGIN NONE! Any question about nation of origin is unacceptable RACE NONE! After hire, race is requested to Any question about race is EEO reporting. unacceptable RELIGION NONE! Any question about religion is unacceptable, including any church affiliation CITIZENSHIP Can only ask if applicant is eligible to If applicant is native born or work in the US. Proof is required at naturalized. hire. MARITAL OR Whether the applicant has any Any question that reveals marital FAMILY STATUS commitments/responsibilities that status or number/ages of might prevent him/her from meeting dependents. Do not ask about work requirements spouse's job, childcare responsibilities, pregnancy MILITARY SERVICE NONE Any question about military service is unacceptable. CRIMINAL RECORD Listing of convictions Questions about arrests REFERENCES General and work references not References from clergy or others relating to race, color, religion, sex, that might reflect race, color, national origin religion, sex, national origin ORGANIZATIONS About professional memberships and Listing of all memberships in clubs offices and organizations, which may reveal race, color, religion, sex, national origin WORK SCHEDULE Willingness to work required work Willingness to work on a particular schedule holiday. DISABILITIES Whether the applicant can perform the Any question about height, weight, essential functions of the job with or impairment. without accommodations Any question about past sick leave usage. These guidelines are for informational purposes and are not legal advice. Anyone using this form should consult with their HR and Legal staff for specific advice on the legality of interview questions and what is permissible. Attachment D to 1-12-26 Minutes DOS AND DON'TS OF INTERVIEWS Various state and federal regulations regarding equal employment affect the interview and selection process. These regulations prohibit discrimination based on race, color, sex, religion, national origin, age or handicap. The "Interview Guidelines" chart on the reverse side of this page outlines the specific kinds of information which you can and cannot ask. In addition to being familiar with this chart, you should pay special attention the following areas to avoid violating equal employment regulations. DO consider the person's true ability to perform the duties of the position. Never assume that an applicant's age, sex, or disability will prevent the performance of tasks. DON'T express a preference for race, sex, a particular age group or indicate any other preference which might be construed as discriminatory. DO keep in mind the applicant's perception of you. Don't refer to applicants in an "endearing manner." Never use racially or ethnically oriented terms. Don't flirt with or patronize the applicant. DON'T indicate to a member of a "protected group" (e.g., minority, female, person with disability) that your interest in them stems from a desire to improve your EEO image. DO avoid stereotypes. Keep an open mind. Don't imply (or assume) that the job requires a young person with energy or that an older person may find the job too demanding or that females should not travel alone. DON'T ask about any prior Workman's Compensation claims. DO use extra caution in dealing with physical requirements. Federal regulations, and most recently the Americans With Disabilities Act (ADA), require employers to make "reasonable accommodations" for persons with permanent disabilities. DON'T pursue areas which legally are "out of bounds," even if the applicant brings them up. Stick to the job duties. For instance, if an applicant raises concern over child care arrangements, explain the work hour requirements of the job and allow the applicant to make his/her own assessment. DON'T indicate that you already have someone in mind for the position. The interview process should be an open process where all applicants receive equal consideration. DO remember that most of the tips above also apply to what you say outside of the interview. In the event that a discrimination claim is filed, comments made outside of the interview can come back to haunt you when co-workers are asked to answer under oath regarding what was said "in private." Remember, keep an open mind and don't draw conclusions or make assumptions you can't defend. Attachment D to 1-12-26 Minutes Exhibit H: Preparing the Job Offer and Contract Approval Process The development of a "term sheet" that outlines each of the financial and human resources benefits included in the offer — the elected body can work through this list that includes but is not limited to: Salary, deferred compensation, severance, retirement benefits, health, life, and dental insurance, housing assistance, car or car allowance, technical devices (laptop, tablet, cell phone), moving expenses, interim housing, pre- employment medical screenings and start date. This list should then be shared with the finalist candidate to ensure there is alignment. The elected body may want to designate someone to negotiate some of the terms of the offer. • Once the general terms are agreed upon, the agreement/contract can be drafted and will include financial and benefits terms as well as other employment language dealing with cause for dismissal, etc. This is typically prepared by the city or county attorney. • The finalist candidate is provided with the draft contract and given the opportunity to review it with their attorney. • Once the parties agree on the contract, they can then coordinate the announcement of the contract approval date and the candidate's departure from their current position. Attachment D to 1-12-26 Minutes Exhibit I: Sample Employment Agreements The following are links to sample employment agreements. Link to ICMA Model Employment Agreement https://icma.org/documents/icma-model-employment-agreement-editable This document serves as a model employment agreement template for administrators of municipal governments. The document is available to the ICMA members. Texas City Management Association CM Agreement: https://www.tcma.org/DocumentCenter/View/156/Sample-Employment-Agreement-with-Benefit- Options-PDF This agreement is available to the public. Agreements specific to Florida may be found online from various cities and counties by doing a web search for either Florida city manager employment agreements or Florida county administrator employment agreements. Note: 20 -Week Limit on Severance Pay in Florida: All agreements after July 1, 2011, must comply with Florida Statute Section 215.425 (4)(a)(1)&(2) as follows: (4)(a) On or after July 1, 2011, a unit of government that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an officer, agent, employee, or contractor must include the following provisions in the contract: 1. A requirement that severance pay provided may not exceed an amount greater than 20 weeks of compensation. 2. A prohibition of provision of severance pay when the officer, agent, employee, or contractor has been fired for misconduct, as defined in s. 443.036(29), by the unit of government. On the next page please see a sample Florida Manager Employment Agreement based on a 2023 City Manager search. Attachment D to 1-12-26 Minutes SAMPLE FLORIDA EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is entered into, by, and between the City/ County of and ("Manager"). WHEREAS, after due consideration and deliberation in accord with law, the Commission (hereafter Commission) of the has determined to offer the position of City/ County Manager to ; and WHEREAS, Manager has determined to accept the position; and WHEREAS, the Parties wish to set forth the terms and conditions of Manager's employment by the City/County. NOW, THEREFORE, intending to be legally bound, the Parties agree as follows. 1. Recitals. The Parties agree that the recitals above are true and correct and that they are incorporated by reference as if fully stated here. 2. Employment. The City/ County agrees to employ, and Manager agrees to be employed in the position of City/ County Manager on the terms and conditions herein stated and as set forth in the Charter of the City/ County of and the Code of Ordinances of the City/ County of 3. Duties. Manager will perform the functions and duties of City/ County Manager as specified in Section of the City/ County Charter and City/ County Code of Ordinances, as they may be amended from time to time, and by all other applicable laws, and to perform other legally permissible and proper duties as the Commission shall from time -to -time assign. The Manager shall give his/ her best efforts in performing these duties. 4. Term. The Term of the Employment Agreement shall be for an indefinite term subject to the termination provisions set forth herein. This Agreement and Manager's employment hereunder shall commence on 5. Base Salary. The annual base salary of the Manager shall be $ . The base salary shall not be decreased during the term of this Agreement. The City/ County agrees to review said base salary and/ or benefits on an annual basis and to increase said salary and benefits to such an extent as the Commission may determine appropriate per the Manager's Performance Evaluation Process. At a minimum, the annual base salary shall be increased by any cost -of -living adjustment, or other increases provided to non- represented employees. Attachment D to 1-12-26 Minutes 6. Performance Evaluation Process. An initial "check-in" evaluation will be undertaken six months following the Manager's appointment. A subsequent comprehensive performance evaluation will take place six months thereafter (i.e., at the end of the Manager's initial year of employment). Upon attainment of a successful annual performance evaluation, as determined by the Commission, Manager shall be eligible for a base salary adjustment. Thereafter, performance evaluations will occur on an annual basis with any base salary adjustment to be dependent upon the results of the evaluation and consistent with approved Annual Budget appropriations. The Commission shall evaluate/review the performance of the Manager in a public meeting, subject to a process, form, criteria, and format which shall be mutually agreed upon by the Manager and the Commission. The Commission shall provide the Manager with a written summary stating the findings of the Commission and provide an adequate opportunity for the Manager to discuss their evaluation with the Commission. Termination. a. Employment may be terminated with or without cause by the City/ County or Manager, in accordance with the procedures provided herein. If the City/ County chooses to terminate the Manager, the Commission must approve terminating the Manager in accordance with procedures set forth in Section of the City/ County Charter and Code of Ordinances, as they may be amended from time to time. b. If Manager is unable to perform their duties for any reason, including but not limited to sickness, accident, injury, or mental incapacity, for a period of four (4) successive weeks beyond any accrued sick leave, the City/ County shall have the option to terminate Manager's employment, in accordance with the procedures set forth in the City/ County Charter and Code of Ordinances, as they may be amended from time to time and in accord with applicable law, C. If the Agreement is terminated by the death of the Manager, the City/ County shall pay a designated beneficiary of the Manager, or his/ her estate, all accrued compensation due Manager as of the date of his/ her death. The City/ County shall have no other liability to the Manager, his/ her estate, heirs, or beneficiaries, and neither the Manager beneficiary nor estate will be entitled to any severance pay. d. If the City/County, citizens or State of Florida acts to amend any provisions of the City/ County Charter, Code of Ordinances, as they may be amended from time to time, and/or state law pertaining to the role, powers, duties, authority, responsibilities of the Manager's position that substantially changes the form of government, the Manager shall have the right to declare that such amendments constitute termination from the effective date of such amendments. Termination pursuant to this section 7(d) shall constitute a termination without cause for purposes of entitlement to severance benefits under section 8 (b). Attachment D to 1-12-26 Minutes e. Termination shall occur when the City/ County breaches a material provision of the Employment Agreement and fails, within thirty (30) days after written notice has been given by the Manager to the Commission to comply with any provision of this Agreement. f. The Agreement shall not be construed to create anything other than a terminable at will employment relationship between City/ County and Manager. The Manager may terminate with the City/ County by directing written notice of termination to the City/ County by certified or registered mail, returned receipt requested or by filing with the City/ County Clerk with a copy to the Mayor/ Commission Chair. In the event of such termination, Employee shall not be entitled to receive the severance pay provided for in the Employment Agreement. 8. Severance. a. The Employment Agreement shall immediately terminate, and Manager shall not be entitled to the severance benefits if the Manager is convicted, pleads no contest to, or receives a withhold of adjudication for a felony or crime involving moral turpitude or dishonesty, or if he/she acts with gross misfeasance or malfeasance or otherwise is guilty of gross misconduct which constitutes conduct demonstrating willful or wanton disregard of the City's/County's interests, a deliberate violation or disregard of the standards of behavior to which the City/ County has a right to expect of Manager, carelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design, or shows an intentional and substantial disregard of the City's/ County's interests or of Manager's duties and obligations to the City/County, including but not limited to conduct resulting in material harm to the City/County, willful neglect or failure to perform his or her duties, gross insubordination, misconduct, as defined in section 443.036(29}, Florida Statutes, as it may be amended from time to time, or acts of dishonesty. For termination due to the reasons stated pursuant to this section/provision of the Employment Agreement, the Manager is only entitled to compensation for hours actually worked up to the termination date and compensation for accrued vacation time. b. Pursuant to the provisions of the City/ County Charter, the City/ County may by majority vote of the Commission with or without cause remove the Manager from office in accordance with Section of the City/ County Charter. If the Manager is terminated without cause, as defined in Section 215.425 (4)(a) 1 Florida Statutes, he/ she shall receive twenty (20) weeks of pay equal to his then - current salary and earned and unused vacation, and retirement benefits. During the severance period, Manager will also continue to be enrolled in his City's/ County's Health Insurance Plan with Employer and Employee contributions unchanged. If the Manager resigns or is terminated with cause for misconduct, as defined in Section 443 036(30) Florida Statutes, the City/ County shall not be obligated to pay severance and related benefits. C. If the Employment Agreement is terminated by City/ County and the Manager is entitled to severance benefits, Manager must execute a general and full release releasing the City/County, its officials, officers, employees, attorneys, and agents from any and all obligations, claims or liabilities Attachment D to 1-12-26 Minutes arising out of Manager's employment with the City/County, including but not limited to claims for wrongful termination, discrimination of any kind and defamation. If the Manager refuses to execute said release, the City/ County may seek specific performance of the Employment Agreement and injunctive relief requiring the Employee to sign said release, amongst its available remedies. Said release shall not release the City/ County from its obligations to indemnify the Manager under the Indemnification & Bonding section of the Employment Agreement. 9. Resignation. In the event the Manager voluntarily resigns his/ her position, he/ she shall give thirty (30) days advance written notice of his/ her resignation, unless the parties otherwise agree, in writing. If the Manager voluntarily resigns, he/ she shall be entitled only to his/ her accrued vacation leave and no other benefits as provided pursuant to the Severance provision of the Employment Agreement. 10. Retirement, Deferred Compensation. a. The City/ County agrees to execute all necessary agreements for the Manager's participation in the 401(a) retirement plan for Executive Management employees and the 457 Deferred Compensation Plan. In addition to the Manager's base salary paid by the City/ County to the Manager, the City/ County agrees to pay, on behalf of the Manager, an amount equal to, but not less than, a total of percent (_%) of Manager's base salary into the 401(a) retirement plan, in equal proportionate amounts each pay period. The Manager shall be required to contribute _ percent (_%) of the Manager's current base salary annually on a pre-tax basis as a condition of participation. The City/ County shall disclose to the Manager the financial impact of any amendment to the terms of the Manager's retirement benefits. The City/ County agrees to execute all necessary agreements for the Manager's participation in the City's/ County's 401(a) plan to reflect the following vesting schedule (for the City's portion of contributions) is as follows: After completion of the 1st year of employment: _% After completion of the 2nd year of employment: _% C. The City/ County has also adopted a qualified 457 defined contribution plan to which the Manager may voluntarily contribute on a pre-tax basis, subject to maximum contribution limits established by the Internal Revenue System. d. It is noted that the City/ County also participates in the Federal Social Security System with associated Employee and Employer required contributions 11. Insurance & Benefits: a. The City/ County shall provide full major-medical insurance and other benefits and coverage for the Manager and dependents at the same options and costs as provided for other City/ County non- Attachment D to 1-12-26 Minutes represented employees. Coverage will commence on the 1st of the month following the Manager's initial thirty (30) days of employment. b. The City/ County shall provide the Manager with life insurance as provided other City/ County non- represented Employees. The life insurance policy premium shall be paid 100% by the City/ County with insured amount equal to one time (1X) the Manager's base salary, rounded up to the nearest $500.00, up to a maximum policy limit of $ C. The City/ County shall provide the Manager with all other benefits as provided to other non - represented Employees. d. The Manager shall receive $ per pay period ($ annually) as Personal Insurance Credit (PIC) to be used towards the purchase of Manager's selected City/County-provided health insurance plan. Said amount shall be adjusted upward to be consistent with any increases approved for non -represented employees. 12. Vacation and Sick Leave. The Manager shall be provided with vacation leave in accordance with the policies applicable to all City/ County employees and shall be credited with weeks of front -loaded vacation pay upon commencement of employment. The Manager shall also accrue vacation leave at the rate of hours per pay period (equates to weeks annually) commencing on his/ her first date of employment for his/ her first year of employment. Following the completion of the Manager's initial year of employment, he/ she shall accrue vacation leave at the rate of hours per pay period (equates to weeks annually). Upon termination, whether voluntary or involuntary, Manager shall be entitled to compensation for all accumulated and unused vacation leave. Per City/ County Personnel Policy, Manager's vacation pay accrual is subject to a maximum of _ hours. After five years of employment with the City/County, Manager may convert/cash out up to hours of vacation pay one time per fiscal year, provided they have taken at least _ hours in the previous 12 months. C. The Manager shall be provided with sick leave as provided for other non -represented City/ County Employees, accrued at hours per pay period. (_ hours per year). Per City/ County Personnel Policy, there is a cap of hours on sick leave. d. Upon termination, whether voluntary or involuntary, the City/ County shall compensate the Manager for all accrued vacation leave. Said compensation shall be based upon the Employee' s salary as of the date of employment termination. e. Holidays are established in the City's/ County's Personnel Policy Manual. As of the date of this Agreement, there are _ designated holidays plus birthday/ floating holiday. Attachment D to 1-12-26 Minutes 13. Other Terms and Conditions of Employment: a. The Commission shall fix any other terms and conditions of employment, as it may determine, from time to time, relating to the performance of Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of the Employment Agreement, the City/ County Charter, the Code of Ordinances, as they may be amended from time to time, Dr any other applicable law. b. All benefits, regulations, and rules of the City/ County as they now exist or hereafter may be amended, that apply to non -represented City/ County employees shall also apply to Manager, unless the Employment Agreement specifically provides to the contrary. C. It is recognized that the Manager must devote a great deal of time outside normal office hours to business for the City/County, and to that end Manager shall be allowed to establish an appropriate work schedule. d. The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City/ County and the community, the Manager may elect to accept limited teaching, consulting, or other business opportunities with prior approval of the Commission with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his responsibilities under the Employment Agreement. e. Vehicle Allowance. Manager to receive $ per month for expenses, including maintenance, repairs, gasoline, and insurance associated with his use of his/ her own vehicle within the City/ County(and, in lieu of mileage expenses, within the State of Florida). Manager shall maintain his/ her own vehicle insurance in an amount not less than $ dollars per claim, and $ dollars per incident. Said insurance shall be with a company acceptable to the City/ County and shall not be construed or constitute a waiver to the City's/ County's sovereign immunity protection. Cell Phone. Manager will be issued a cell phone with phone and data plan fully paid by the City/ County for the Manager's use for City/ County business. 14. Housing Relocation. Pursuant to the City/ County Charter, the Manager need not be a resident of the City/ County or state at the time of appointment but shall reside in the City/ County while in office. It is understood that the Manager will be initially moving to individually, with his/ her family relocating later to allow his/ her children to complete their academic year in their present schools. Manager will have three (3) months to find housing within the corporate boundaries of and shall thereafter maintain his/ her legal domicile within the corporate boundaries of throughout his tenure. The City/ County will provide the Manager a one-time payment for the cost of the Manager's relocation of his household within the City's/ County's corporate limits within twelve (12 months) of appointment. Manager to secure quotes from moving companies to determine a Attachment D to 1-12-26 Minutes reasonable lump sum amount (to be determined closer to the move date) which will be provided to the Manager to use for relocation purposes. 15. Travel Expenses. The City/ County will provide the Manager a one-time payment for travel expenses in the amount of $ , 16. Dues & Subscriptions. The City/ County agrees to budget and to pay for professional dues and subscriptions of the Manager necessary for his continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement and for the good of the City/County. Manager must become and remain a continuous member in good standing with both the International City/ County Management Association (ICMA) and the Florida City/ County Management Association (FCCMA) throughout his tenure with the City/County. b. The City/ County recognizes the desirability of representation in and before local civic and other organizations and agrees to budget and to pay for the Manager's membership in such civic clubs and organizations as City/ County deems necessary and desirable. 17. Professional Development. The City/ County hereby agrees to budget for and to pay the travel and subsistence expenses of the Employee for professional and official travel, meetings, and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary official and other functions for the City/County, including but not limited to the annual conference of the Florida City and County Management Association (FCCMA), the International City/ County Management Association (ICMA), and such other national, regional, state and local government groups and committee of which the Manager is a member. The City/ County also agrees to budget and to pay for the Manager's travel and subsistence expenses for short courses, institutes and seminars that are necessary for his/ her professional development and for the good of the City/County. 18. Ethical Commitments. Manager shall not engage in any conduct which could reflect unfavorably upon the City/County, Manager will at all times uphold the ethics rules, regulations, and laws of the State of Florida. Manager must comply with all lawful Commission directives; state, local, and federal laws; and the City's/ County's policies, rules, ordinances; and City/ County Charter. Failure to comply with ethical commitments shall constitute cause for termination with cause. 19. Indemnification, Bonding. a. The City/ County shall furnish and provide the Manager with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omission of the Employee arising out of his employment, and will defend, save harmless, and indemnify the Employee against any tort, professional liability claim or demand, or other legal action arising out of an Attachment D to 1-12-26 Minutes alleged act or omission occurring in their performance of the Employee' s duties, excluding Illegal or criminal acts, except as/otherwise expressly stated herein. b. City/ County shall defend, save harmless, and indemnify Manager against any tort, professional liability claim or demand, or other legal or administrative, action, whether groundless or otherwise, arising out of an alleged act or omission occurring at any time during the performance of Manager's duties as City/ County Manager unless it is determined that the Manager acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. The City/ County shall pay the expenses for the travel, lodging meals, and lost time of the Manager should the Manager be subject to such claim, demand, or action, and the same be pending after the Manager is no longer in the employment of the City/County. C. The City/ County shall be responsible and have authority to compromise and settle any such clam or suit and pay the amount of any defense, settlement, or judgement rendered thereon. The Manager shall cooperate fully with the City/ County in the settlement, compromise, or trial of any such claim. The provisions of any City/ County policy or ordinance regarding the indemnification of the City's/ County's officials or employees shall apply to the indemnification of the) Manager to the extent the policy or ordinance does not conflict with the appropriate indemnification section of the Employment Agreement. Agreed to on (Date , 202 Manager City/ County of Mayor/ Commission Chair City/ County of City/ County Clerk Attachment E to 1-12-26 Minutes APP25mOOO7 136 Oceanforest Dr N Appeal of a decision of the Community Development Board for variance ZVAR25-0018 at 136 Oceanforest Drive N. Site Context and Details 1.12-26 Minutes Zoned Residential, Single -Family (RS -1) This property is 85 feet wide by 155 feet deep Located at the Southeast corner of Oceanforest Dr and Beachcomber Trl Additionally, the neighboring property to the south is also owned by the applicant Background Attachment E to 1-12-26 Minutes Community Development Board (CDB) denied the applicant's request for variance from Section 24-151(k(1)) all mechanical equipment within the required 5 foot side yard (equipment approx. 2.5' from side property line) Motion to deny vote: 4 to 0 Propert y History Attachment E i 1-12-26 Minutess The home has existed here since 1986 and has been owned by the applicant since 1995. Original construction conformed to setbacks. 1989 Survey LQo a C > �s W Cl GM � Front 38.3' 12' F .. � ��9^�f-i1S •AyS - -Z W Rear 20'$` r Z 1 I rM S .ee r --v k v t�� Property History Attachment E to 1-12-26 Minutes In 1999, an addition on the west side of the home was approved and built; however, it was not built according to plan and created a nonconformity 1999 Aaaroved Addition -x)?d ! -,% E'd / .*\ ti r . ,a 1 � d1 Current 2013 Survey-- K DATA C^ W4ft cr • ttz74' . x", � R _ 462-83' DRIVE Npt7M A 2-2-307 25.WoM 3a� . a- 13W2r 8417W l 0 1 pm e � i r Ilp��rN000 ! � R j I Rear o fUR%C DATA c1 Proposed location 25teet ��; �•,d from line N- 66.50' property ''� • L _ 526.57 _ 66.56' • orn'so- V. '�" Kna °42-1 :�r 's.i.l'�': ii�iiu-w+.d►..ti ' � e r o .w wl .r • . fisi�irii: . s e x e !rte Section 24-151(k)(1): "On lots that are within or adjacent to a residential zoning district, equipment such as heating and air conditioning units, pumps, compressors, pool }p 1L L W 33.49 26.00' 36.70' ._ 84'07'02' equipment, generators, or similar equipment shall not be located in the required front yard or closer than five (5) feet from any lot line that is adjacent to a residential use." �4J Attachment E to 1-12-26 Minutes OCEANFOREST DRIVE NORTH fvAA*AU WIN 1"047, a7, aur) I -M - 111f� R 462.!13 s 13'S929* Attachment E to 1-12-26 Minutes Attachment E to ` 1-12-26 Minutes Grounds for Decision Atachment E 1-12-26Mintes APPROVAL- existence of one or more of the following from Section 24-65(c): Exceptional topographic conditions of or near the property. Surrounding conditions or circumstances impacting the property disparately from nearby properties. Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area. Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property. Irregular shape of the property warranting special consideration. h. Substandard size of a lot of record warranting a variance in order to provide for the DENIAL - The CDB may consider a denial upon finding that none of the requirements in 24-65(c) exist. reasonable use of the property. Review and vote on APP25-007 (an approval would approve ZVAR25- 0018 and a denial would not approve ZVAR24-0005) biiili•ee..Mr.t►a' s ri minnow 1VlcCue HOME SERVICES www.homeservicesbymccue.com FM N f 4 � 4' 3S"W C'IENE�KiTp� 7—< MAP SHOWING BOUNDARY SURVEY OF LCT 69 TCCEIF[R W(M. A PanW OF LOT 70 OF rW PUT OF OCEA."AI N UNR CNE, AS PECOROEO M PUT 9OOK 42 PACES IA -IF OF THE CURRENT PUK1C RECORDS OF D,.NAL Co'_NT'Y• FIORUA. SRO POAMN OF L''T 70 DEM. MORE PARMLARLr DESCRIBED AS FCLLONS: fZft AT THE. MOST Sq.ITHEALY CCRMEA OF SAID LOl 69 AS SHOWN ON SUD MAP Of CCFANNgX UIFr ONE: THENCC SOUM DOW'"' WEST ALCNC THE WEST UNE OF IAT 67 Of SAID MAP OF OCERIV" UNIT ONE. A DISTANCF OF 25.00 FEET TO 14E NORM L;NE OF LOT 71 OF SATO MAP M OCEAHWALF: t1NR ONE; "M NORM 6734'26' WEST ALONC THE NORTH LME OF LOT 71 OF SND MAP OF OCFANWALr UNIT OW - A OtSTANCE OF 54.13 FEFT; DgNCE NORM 0735'32' FAST, A DISTANCE OF 76.73 fEEf TO THE SOURFAESEERLY IME OF LOT 69 OF SAID MAP OF OCFANWALK UNIT ONE; THENCE SOUTH ATOr't t' FAST ALONG SMO SERITHNESTERI Y UNE. A OSTANCE OF 79.36 FEET TO IN£ Em4.AE. frONMM CURVE DATA C2 CE*iTiFTly TO. AWtX A ! OMNF L MAN- CURVE DATA C3 N61 "38'42'E S82'5T 3l'E CH = 33.49'CHs OCEFflRE��A.F!. R - 112.74' 462.83' R = 25.00' nmw NAMABLE RpiN NORTM 113.02' A 36,70' �" . ' A = 0 = 84'07'02' ; A = 13'59'29" L 0 T 59 eJ 4t q t C r e 7,00 STCRV 5 Vcm R£3bFNCF F+x 4 .�olftol. CZEtIa roQ ?8 CURVE DATA Cl S1612'1TW r"c ��'y► wfr�iF s CH = 68.50' R = 528.5T f A 68.55' � = 07'25'50• � RF' Attachment F to 1-12-26 Minutes m ue HOME SERVICES CURVE DATA C2 - - CURYt UAIA C,) SE12'S7. N61'58 42"E IIIE IVlrn. CH = 112.12. 74' —_ L M.t i.1p GCFA R 462.83' RH= 36. 0' rr A = 36 ��R won DRI V� NOR T.E1 A 113.02' n"", .7701=. A = e4roTo2' c -J A = 1355'29' � r Q h h V'S t o t Q `- ' 411101 •.1• I D ART L T C•TF �% I rl+.tn. b o "=R �A CO sea. MC CURVE DATA C1 I U$ =� aK •�" I �i I 1n.'��., Q ;s CH = 141 w�• R = 528.57' la� 1aF I ^uma a> ru-� V:h 'sawn �n etc. I n Fa^fir - A 68.55' TMo STORY 's ;UccO uMQ n flu ` I JaI�j I o IIIE IVlrn. —_ L M.t i.1p I .e • __—_ h} .nr at PArip. _ _ _ atit . YxQR Q `- ' D ART L T C•TF �% u � ' - - :,•yl.lyA rl+.tn. b o "=R CURVE DATA C1 `fir �••, �' ,i 68.50' CH = /b� R = 528.57' — A 68.55' A = 07'25'50' s a 3s` . D1MarFF m1.w •/: MOV PpF 0 I.D MESS O^•AMSF MDt'A*FD MD rwr� w r,As rQ p'� '� POINT OF y BEGINNING vIR p most 5.1y GARNER- z nor es $ I Pry n .Lvl" u.l:.E" aweown. ADDED 41.11 .ME. ..o 1. ARM rd. /1.NTD; o•-er-141 fnE+D1 —. — aEN9EDD-2.-Lmmty �•. F1.• 3 7L... Mr • �trx rO..D.MM eF DT D. 01s -1022-r. a-50-•. '140) L o r r '14 SUKY •MS R msetD •n,C01 n•E tE:w" P . **n[ GLMMMEn '1••[ Ylr 41C .DDnwr Fqrcn is w0/D. 45AI nwi ME MOI A1411 wr %6141t [ Ia.q rc1 M >L6lt RFCOMOS w M5 CQlfn. Attachn—t F to 1.12-26 Minutes 1VtcCue HONE SERVICES CURVE DATA C2 CURVE UAIA C3S82*57'31"E N61 *58'42"E CH 112.74' CH 33,49'R "'C'"'FOPEST 462.83' R 25.00' DR,VE �40 NORTH -1CW A 113.02' A 36.70'it 0, L = 13'59'29' A = 84*07'02' h he L Q- sT rvpO S= , ,,;ucco 0136 OAr L waL— iN84-14 rW ' CURVE DATA Cl 7ASR S16'12'17'W CH = 68.50' fmo, R 528.57' A = 68.55' A > 07*25*50' 0 D[nD1[5 taro ,/Y wan — - LD LPefE DTfM.RT PO lvv -EWAD W, PEMD OW . ADOW GMM -.'EX e 5 10-21- 11 tOFncn M. fOW 00010, Of LOT 16- D. 04-1022-2-. 06-30— fMLQ) RMatos M ors tarn .r POINT OF ;k BEGINNING ■ Most 5.1CM LO rWGFL 7 — ---------- N87'34'26*W 54.13 L 0 t 7 , Attachment F to 1.12-26 Minutaa rest Dr North I E SERVICES i� Attachment F to 1-12-26 Minute. 1VtcCHe ROME SERVICES AERIAL VIEW OF GENERATOR LOCATION T r. sH� \-,z z Z��,z iii "\ `� `\ \•� \� .._ !,,'`,�/�„/��� ��. \ � j,���.�� '`� or Ifni r r i r r � ., r •Y r'Y�r,'��ti _ -red' � j�,��'!�'�'. �� � ��. ,.�:h �x i Attachment F to 1-12-26 Minute+ 1VIcCue HOME SERVICES 1VtcCue ROME SERVICES Attrchmrnt F to GENERAC GENERATOR SIZING GUIDE PLACEMENT DIAGRAM — AIR-COOLED GENERATORS ,..r.r..vr... e.,...,,.., n..r� �,.. .r,.. 5.0 u Now - 71. sm.aam can be pbcw u ow11rsm.atacanbpbcwu 0." orwmove a We as as 00OW014 "mat aro local O Oft 00010 w bb..e 1 HcCue BOMB SERVICES I Cl__ 6- ]/n taaMOn,nar far —+� .rr10. aawsa.. Iri....t 1a1. �I I #MPrYw� o,ww a.w Y.sw MMYyuwav ..rr M r,n. rw,{ ilarsl0 raw ane. Thaaa p00arw w Oeaad tom da y„ .+w..w Claw. aY raawe W. gaagan.pwwrorWwWolnold rr...rwrnax.�trrwraua... m...0 wwwrw.,aMgwaw.Yr.a l,r p.rro. the 11,r1„Ia- glaatn -Melt rarY for r now for O,o00r o0r0a I Lott' colts arW tl b bra/a,Y.M rgr�Yuew arrBatarw.w,rarmaar ar ae+ "OIL may a a o r r,a,nm wamaha irw.,ata u.a..w,tr ar.w+wr nw b -AM Y O107ab0 hwa. a...a,I.. a,n grtr7 ar)raN dY 0� Now - 71. sm.aam can be pbcw u ow11rsm.atacanbpbcwu 0." orwmove a We as as 00OW014 "mat aro local O Oft 00010 w bb..e 1 HcCue BOMB SERVICES GENERAC Service and Non -Service rated Automatic Smart Transfer Switches Generator GENERAC-----------— • Transfer Switch 100 - 400 Amps, Single Phase Model RTSW 300A3 Height (in. / mm) H1 42.91/1089.9 72 48/1219.2 Width (in. / mm) W1 16.69/423.9 W2 21.82/554.2 Depth (in. / mm) 10.06/255.5 Weight (lbs. / kilos) 140/63.5 DIMENSIONS (Generator) Height (Inches) 29 1 Weight (lbs.) 515 Length (inches) 48 Width (Inches) 25 Model RTSW300A3 Amps 300 Voltage 120/240, to Load Transition Type (Automatic) Open Transition Service Rated Enclosure Type NEMA/UL 3R UL Rating UL Withstand Rating (Amps) 22,000 Lug Range 600 MCM #4 or 1/0 250 MCM 1VlcCue HOME SERVICES OM m Attachment F to 1-12-26 Minutes — ENERATOR reset IZING GUIDM ME Ocean 9.4---d -d loth St. 0 UENEWAC DWIRASIONS THANK YOU- Attachment F to 1-12-26 Minutes * 136 oceanforest Dr. �.►SII