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12-21-98 vCITY OF ATLANTIC BEACH 800 SEMINOLE ROAD, ATLANTIC BEACH SPECIAL CALLED MEETING 5:00 PM MONDAY, DECEMBER 21, 1998 AGENDA Call to order 1. Discussion and related action relative to the search for a new City Manager(City Commission) III 2. Action on Resolution No. 98-41 to award a performance bonus to James R. Jarboe in the amount of 10% of his base pay, or approximately $7,700.00 (Mayor) 3. Authorize the Mayor to sign the modification to the Department of Environmental Protection Consent Order No. 95-2971 (City Manager) 4. Any other business Adjournment III Documents Professionally Imaged by Advanced Data Solutions, Inc. Disc 1 - 10/16/00 MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION, HELD IN CITY HALL AT 5:00 PM ON MONDAY, DECEMBER 21, 1998 Present: Suzanne Shaughnessy, Mayor Richard Beaver, Commissioner Mike Borno, Commissioner John Meserve, Commissioner Theo Mitchelson, Commissioner Also: James Jarboe, City Manager Maureen King, City Clerk Alan Jensen, City Attorney The meeting was called to order by Mayor Shaughnessy. The invocation, offered by Mayor Shaughnessy, was followed by the Pledge to the flag. 1. Discussion and related action relative to the search for a new City Manager (City Commission) The Mayor referenced a suggested search timetable which had been provided by the City Manager, a copy of which is attached as Exhibit A. Commissioner Bomo asked Public Safety Director Thompson for confirmation that he would be willing to serve as the Interim City Manager until a new City Manager could be found and Director Thompson confirmed that he would be willing to serve. The Mayor confirmed that he would be willing to serve at his current salary and Director Thompson responded in the affirmative. Commissioner Borno moved to appoint current Director of Public Safety, David Thompson, as the interim City Manager to be effective upon the departure of the City Manager on the evening of January 12, 1999, until the search for a new City Manager is complete and that new City Manager is employed and on board. The motion was seconded by Mayor Shaughnessy and carried unanimously. Commissioner Borno then moved that the advertisement for a new City Manager be published in the International City Manager Association (ICMA) magazine, which he felt would provide national coverage and would help to meet the schedule. The motion was seconded by Commissioner Mitchelson and carried unanimously. 110 Page Two Minutes of Special Called Meeting December 21, 1998 Mr. Jarboe pointed out that the ICMA newsletter is published every two weeks and lists the City Manager jobs in the United States, Canada and Australia. The City Manager felt the City Commission may also wish to consider advertising in the Florida City/County Managers Association newsletter and the Florida League of Cities Datagram. Discussion then ensued regarding the suggested timetable and the number of times the advertisement should be published and Commissioner Beaver moved to run the advertisement two times (January 1 and 15, 1999). The motion was seconded by Commissioner Borno and carried unanimously. Commissioner Meserve moved to hire a professional company to do the search and cull that search down to five good candidates rather than have staff do it. The motion was seconded by Commissioner Beaver. Discussion then ensued regarding the pros and cons of hiring a professional search firm. Commissioner Meserve felt that it would be very time consuming for the City Commission to review the resumes of all the applicants and that by using a professional search company the City Commission would get a more unbiased result. Commissioner Beaver agreed and felt that professionals who were involved in this type of activity on a full time basis, would do the best job of reviewing the applications. Commissioner Mitchelson agreed with this suggestion but indicated he would like to have some idea of the cost of such a service. He indicated, however, that he would prefer to personally review the resumes. The City Manager pointed out that in order to comply with the purchasing requirements the city would have to issue a Request for Proposals, and Commissioner Meserve suggested the city move ahead with this process to, at least, see what the cost would be. The City Commission could then decide whether to go ahead with this process. The Mayor felt the city had the talent to review and short list the applicants and did not support hiring a professional organization. She felt that developing an RFP and hiring a professional organization would also slow the process, and because of the importance of the decision, she was reluctant to delegate this to a professional organization. The vote was then taken and the motion passed on a vote of 4 - 1 with Mayor Shaughnessy voting Nay. Discussion then ensued regarding how to proceed from here and the City Manager indicated 0 that the RFP for a search firm could be prepared quickly and advertised within a few days. Page Three Minutes of Special Called Meeting December 21, 1998 The City Attorney pointed out that this matter would not fall within the Consultants Competitive Negotiation Act and could be advertised as a sealed bid. The Mayor moved to issue an RFP with price requested. The motion was seconded by Commissioner Beaver and carried unanimously. Discussion then ensued regarding whether the City Commission would meet to review and approve the RFP before it is advertised. The Mayor felt that the advertisement for the City Manager should include an accurate description of the City. The City Manager suggested that the city should request someone with prior experience with a water and sewer utility, as well as experience with privatization and outsourcing. Following further discussion, Commissioner Mitchelson moved to allow the RFP to go forward without Commission seeing it initially. The motion was seconded by Commissioner Meserve. The Mayor confirmed that it was the intent of the mover and seconder that the RFP include language to be approved later in the meeting by the City Commission. The motion carried on a vote of 4 - 1 with Mayor Shaughnessy voting Nay. Discussion then ensued regarding the timetable and the Mayor pointed out that only one week had been allotted for the City Commission to review the applications of all applicants who met the city's requirements, which she felt was somewhat tight. However, following further discussion it was agreed that the timetable could be adjusted as necessary. The Mayor reported that she had spoken with citizens who had suggested visiting the area of top candidates to solicit information from the citizens. She indicated that some of these citizens would be willing to do so at their own expense, and she felt the city may wish to consider this at a later date. Commissioner Meserve felt there needed to be a firm close-out date for receiving applications and noted that the close-out date was listed as February 15 in the suggested timetable, and it was felt that this was a reasonable date. The Mayor felt that citizen involvement was important in the selection of a City Manager and appointed the following citizens to serve on an ad hoc City Manager Review Committee to review the applications and present recommendations to the City Commission: Dr. Sylvia Simmons(Chair); David Thompson, Interim City Manager/Director of Public Safety; John Fletcher, Chairman of Atlantic Beach Pension Board of Trustees; Eleanor Ashby, Retired Director of Leadership Jacksonville; Don Wolfson, Chairman of the Community IDDevelopment Board; Hope Van Nortwick, representative of the Stormwater Review Page Four Minutes of Special Called Meeting December 21, 1998 Committee and former member of the Tree Conservation Board; Scott DeButy, representing the Recreation Advisory Board and Atlantic Beach Athletic Association; Edward Waters, former member of the Recreation Advisory Board and resident of Royal Palms; Woody Winfree, Co-Chair of the Atlantic Beach Historical Committee and program Chair of First Night. The committee shall elect a secretary from their members and it will be the responsibility of the chairman and secretary to see that the requirements of Open Meetings Law and the Sunshine Law are met. She indicated that these people were all residents of Atlantic Beach and she would look to them to bring forward, not so much the technical requirements, but to try to ensure that the city gets an individual who would be fully cognizant and aware of what this community is all about. Commissioner Mitchelson felt it would be cumbersome to have the committee review all applications but felt it may be more appropriate to have the committee review the applications after they have been through a preliminary review process. The Mayor indicated she would take these comments into consideration when preparing a written charge 0 to the committee. The City Commission then reviewed the City Manager Requirements Questionnaire, attached hereto as Exhibit B, for the purpose of drafting the advertisement. Commissioner Meserve felt that it would be sufficient to include only the Charter requirements, and then when a search firm is hired, inform them regarding the additional desired requirements so they could incorporate those wishes during their evaluation process. Discussion ensued regarding residency requirements and it was agreed that the City Manager must reside in Atlantic Beach during his/her tenure and, therefore, could not begin working until he/she had relocated, if necessary, to Atlantic Beach. The Mayor then read an advertisement which appeared in the Florida League of Cities Quality Cities magazine, a copy of which is attached as Exhibit C, and indicated she would like to include information such as the population, the amount of the budget, and the fact that Atlantic Beach is a coastal community with a strong emphasis on quality of life. Discussion then ensued regarding the salary, following which Commissioner Mitchelson offered the following motion: Include in the advertisement the Charter requirements, and #5 under Suggested Requirements" (Exhibit C) - Extensive experience in the implementation and management of water and sewer and storm water capital outlay projects, salary range depending upon qualifications and experience shall be $65,000 - $95,000 annually, plus liobenefits, and that the individual needs to have communication skills and be willing to Page Five Minutes of Special Called Meeting December 21, 1998 work with the public, and one sentence describing Atlantic Beach as a coastal community with strong emphasis on quality of life. The motion was seconded by Mayor Shaughnessy and carried unanimously. 2. Action on Resolution No. 98-41 to award a performance bonus to James R. Jarboe in the amount of 10% of his base pay, or approximately $7,700.00 (Mayor) The Mayor presented and read in full Resolution No. 98-41: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING A ONE-TIME PERFORMANCE-BASED BONUS FOR THE CITY MANAGER AND ESTABLISHING AN EFFECTIVE DATE. Mayor Shaughnessy moved for passage of Resolution No. 98-41. The motion was seconded by Commissioner Borno. i Discussion ensued and Commissioners Meserve, Beaver and Mitchelson felt that while Mr. Jarboe was an great City Manager and should be recognized for the excellent job he had done for the city, it would set a precedent and sent the wrong message to give a bonus to someone who is resigning and moving away. Mayor Shaughnessy, however, pointed out that the city now has a bonus program and while the City Manager would not be eligible to participate on an individual level, he would be eligible to share in the overall savings. She pointed out he had saved the city hundreds of thousands of dollars through innovative programs he had introduced and should be appropriately recognized. Commissioner Borno agreed and indicated he was supportive of the bonus. The Mayor pointed out that the city had paid a substantial bonus to the previous City Manager upon his resignation, and therefore the payment of the recommended bonus would not set a precedent. She called a recess and asked the City Clerk to research the records pertaining to that bonus. The Mayor reconvened the meeting and the City Clerk presented the former City Manager's contract and indicated she felt that the payment made to him had been in accordance with Section 5 of his contract, a copy of which is attached as Exhibit D. She indicated she would research the matter further the following day and would provide any additional information to the City Commission. Page Six IIIMinutes of Special Called Meeting December 21, 1998 The Mayor summarized several of the areas in which Mr. Jarboe's efforts had resulted in substantial cost savings to the city and she felt that his efforts should be rewarded. Following further discussion, the motion failed on a vote of 2 - 3 with Commissioners Beaver, Meserve and Mitchelson voting nay. Commissioner Meserve then moved to strike the last paragraph beginning with "BE IT FURTHER RESOLVED" and adopt Resolution No. 98-41 as amended. The motion was seconded by Commissioner Beaver and carried on a vote of 4 - 1 with Mayor Shaughnessy voting nay. 3. Authorize the Mayor to sign the modification to the Department of Environmental Protection Consent Order No. 95-2971 (City Manager) Commissioner Meserve moved to authorize the Mayor to sign the modification to the III Department of Environmental Protection Consent Order No. 95-2971. The motion was seconded by Commissioner Borno and carried unanimously. 4. Any other business The Mayor announced that there was a vacancy on the Tree Conservation Board due to the resignation of Mary Emerson Smith. The Mayor proposed appointing Camille B. Hunter to fill the vacancy and the appointment was unanimously approved by the City Commission. Commissioner Beaver reported that he had learned that some boards were having problems conducting their business because of absenteeism of board members. He inquired whether there were any attendance requirements for board members. He felt this was something the City Commission may wish to consider at a future date. The Mayor reported that the Code Enforcement Board was proposing to introduce an ordinance establishing alternate members and this may be a consideration for other boards. The Mayor complimented the City Manager and staff on the successful tree lighting celebration. The City Manager thanked the Mayor and City Commissioners for their kind comments and commended city staff on the jobs they do. Page Seven Minutes of Special Called Meeting December 21, 1998 There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 7:15 PM. r Suzanne Ski essy % Mayor/Pres' g Officer ATTEST: Ma een King Certified Municipal i EXHIBIT A MINUTES DECEMBER 21, 1998 December 15, 1998 TO: City Commission tryyl FROM: AJarboe Re: City Manager Search Timetable Recommendation This is an up of the one I did in 1995) The following is only a recommended format. A final timetable could be set at the December 21, 1998 meeting. December 15 Send requirement questionnaire to the Commission (See Attached) December 21 Commission meets to set the requirements and salary benefit package. December 28 Copy to ad will be sent to: 1. Florida Times Union 2. ICMA (goes nationwide) 3. Florida League of Cities 4. Florida City Manager's Association 5. Florida League of Cities February 15 Deadline for applications. February 15-22 Review applications for requirements. This could be done by George Foster and David Thompson. February 22 All Applications meeting the requirements set by the Commissioners will be sent to the commission for their review. Others will be available for review at the Clerk's office. March 1 Commission will meet in a workshop/special meeting to select five finalists. 4111 March 2 Finalists will be notified. March 2-15 Background checks will be made by staff. April 5 & 6 Commission will interview finalists. April 6 Commission will meet to select a new City Manager April 7-15 Contract negotiation by City Attorney April 15 Commission meets to approve contract May 15 New City Manager takes office EXHIBIT B MINUTES - DECEMBER 21, 1998 CITY MANAGER REQUIREMENTS QUESTIONNAIRE Charter Requirements: I. Baccalaureate degree in Public Administration or a directly related field. 2. Three or more years of administrative experience as a city or county government chief administrator or executive officer or as an assistant or deputy city manager. 3. A graduate degree may be substituted for not more than one year of the required experienced. 4. Two years of additional experience may be accepted for each year of education toward a baccalaureate degree, up to a maximum of eight years. 5. The City Manager must reside within the City of Atlantic Beach during his tenure of office. Suggested Requirements: 1. Minimum of a baccalaureate in Public Administration or other directly related major. 2. Prefer a graduate degree in Public Administration or other directly related major. 3. No substitute for education requirement. 4. Three or more years administrative experience in a full service city or county as a City or County CAO or a Assistant or Deputy City Manager. 5. Extensive experience in the implementation and management of water& sewer and storm drain capital outlay projects. 6. In-depth experience with governmental finance and budgeting. 7. Knowledge of modern data processing and its use in local government. 8. Experience should be in a residential and business community similar to Atlantic Beach. Commission Requirements: 2. 3. 4. EXHIBIT C iTili MINUTES - DECEMBER 21, 1998 Report from City Hall In order to keep your "Florida League of Cities 1998-99 Schuh. City Planner Cheryl Friend. CoDirector, Office of Membership Directory"up-to-date, recent changes are I Management&Budget Cheryl Shanaberger. CoDirector, included in the Report from City Hall in each issue of Office of Management&Budget David K. Pollard. E-mail Quality Cities. Please send any updates to the Tallahas- address: info©cityofpsl.com. Internet address: http:// see League office. www.cityofpsl.com. Reddick-Area code correction: (352). Rockledge-Corrected official listing: Councilman Joe Directory Update Lee Smith not Donald E. Sneads-Councilman N.G. Conrad replacing Harry Apalachicola-Fire Chief Bert Simmons. E-mail Johnson. Fire Chief Buddy Jeter. address:apalachcityddigitalexp.com Starke-Title changes: Mayor Donald Tilly. Commis- Callahan-Town Clerk Cleo Horne. Town Treasurer sioner Janice D. Mortimer. Commissioner Chrissy Allen Lenora Minock. I replacing Travis V. Woods. Campbellton-Councilman Sonja Harrell replacing Tamarac-Assistant City Manager Timothy D. Sadie A. Mason. Councilman Joseph Bruner replacing Hemstreet. Director of Finance Margaret A. McGarrity. Nancy Griffin. Town Clerk Melissa K. Sumner. Virginia Gardens-Name change only: Councilwoman Carrabelle-Mayor James W. Putnal replacing Charles Elizabeth Taylor Martinez. Building Inspector Felipe Oruna. A. Millender, Sr. Commissioner Donald M. Wood replacing Director of Recreation Neal Brady replacing Karl Bithorn. commission seat of James W. Putnal. City Clerk Rebecca L. I Wewahitchka-Commissioner Brian Cox replacing Jackson. Building Inspector Robin Brinkley. Police Chief Dallas Jones. City Clerk Jerri Linton. Director of Public Elzie L. Shiver. Works Wenman Wade. Building Inspector Donald Butler. Clewiston-Title changes: Mayor Kevin McCarthy. Police Chief Frank McKeithen. Commissioner John C. Perry. City Engineer Tommy Perry. Building Official Jerry Harris. Police Chief Mel Brant. PositionsCrestview-City Clerk Alan C. Jackson. Fort White-Mayor Truett George, Jr. replacing John n6 parkman.Councilman John Gloskowski replacing City Manager-City of DeLand. Population 18,000. (,'q ur J. Edwards. Councilman Jim Lance replacing council Current manager retiring after 14 years(1967-74, 1992- of Truett George, Jr.C 99). Salary$65-$80K plus benefits DOQ/E. Five-member Frostproof-Interim City Manager J. Neal Byrd.commission elected at-large. Strong council-manager Haines City-Title changes: Mayor Herman J. Hill. charter and stable environment. Budget of$37 million; 302 Vice Mayor Joanna Wilkinson. Commissioner H.L. "Roy" full-time and 28 part-time employees. Full-service city with Tyler. Commissioner Philip J. Hinkle replacing Owen large urban service area,.extensive utility system and Flowers. Interim Director of Public Works Ronnie Cotton. municipal airport. City is the county seat of Volusia County New Suncom number: 515-2647. and serves an urban population of approximately 55,000. Lake City-E-mail address: colc@'isgroup.netCity and county are economic development driven to Lake Helen-Commissioner Rich Tamburro replacing I enhance its citizens' quality of life. The Interstate 4 corridor vacant commission seat. City Attorney Michael Teal. Police lies on the eastern boundary of this Central Florida area Chief Keith Chester. Meeting Time change: 1 &3rdcommunity and is an area destined for growth and develop- Thursday 7:00 pm. Iment. Preservation of vibrant downtown and quality of life Lake Wales-City Clerk Judith H. Delmar. Director of issues very important. DeLand is home to Stetson Univer- Recreation Troy Konemann. sity. Requires bachelor's degree in public administration, Lakeland -Director of Public Works Richard LiLyquist.prefer MPA. Candidate must have strong communication Layton-E-mail address: Layton©reetnet.com. skills,be innovative, be a consensus builder, have experi- Meeting Time change: 2nd Thursday 7:00 pm.ence with cultural diversity, possess strong leadership Miami Shores Village -Village Manager Thomas J. qualities and relevant fiscal and data processing skills. Ten Benton. ears in professional management experience required. Midway-City Clerk Delores C. Madison. Must be resident of city service area within six months of Milton- Director of Planning William J. Stubstad. Code ire date')ICMA membership preferred. For application Enforcement Sharon Holley. materials, contact Nancy Madigan, Personnel Officer, P.O. Orange City-Updated City Council listing: Mayor j Box 449, DeLand, FL 32721-0449; fax(904) 736-9819 Anthony(Tony)Yebba. Vice Mayor Albert(Ted) Erwin. by 1/31/99. The City of DeLand is an equal opportunity Councilmembers are as follows: George E. Stone; David W.employer. According to Florida Statute 119, all application Fancher; Harold D. Casteel; Dennis C. Brown and Gary A. materials are public record. Blair. Chief of Police -Town of Davie. Town of Davie Oviedo-Director of Planning Bryan Cobb population approx. 64,000) located in a progressive Port St. Lucie-Councilman Glenn H. Magrane405municipalcorporationapproximatelyfivemileswestofthe lacing Jane E. Rowley. Assistant City Clerk Dorothy J. Fort Lauderdale metropolitan area is seeking a qualified QUALITY CITIES—DECEMBER 1998 39 EXHIBIT D MINUTES - DECEMBER 21, 1998 RESOLUTION NO. 94-29 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING KIM D. LEINBACH AS CITY MANAGER, FIXING HIS DUTIES AND RATE OF COMPENSATION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 10 of the Charter of the City of Atlantic Beach requires the City Commission to appoint a City Manager, and WHEREAS, Kim D. Leinbach has served as City Manager from June, 1989, to the present time, and WHEREAS, the City Commission desires that Kim D. Leinbach continue as City Manager and further desires to fix his duties and compensation, including certain benefits. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. Kim D. Leinbach, having previously been appointed Atlantic Beach City Manager ("City Manager") , shall continue in said position according to the terms as set forth herein. The City Manager shall perform the functions and duties specified in Article III of the City Charter and such other legally permissible and proper duties and functions as the City Commission shall from time to time assign. SECTION 2 . The City shall pay to the City Manager his current salary and benefits through September 30, 1994 , and then beginning October 1, 1994 , and thereafter, an annual base salary as established each year by the City Commission, payable in install- ments at the same time as other employees of the City are paid. In addition, the City agrees to set said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Commission may determine is desirable to do so on the basis of an annual salary review of employees made at the same time as similar consideration is given to other employees generally. SECTION 3.As separate aspects of the City Manager' s employment hereunder, the City shall provide the following: a) Automobile. The City Manager ' s duties require that he shall have the exclusive and unrestrictive use at all times during his employment with the City of an automobile provided to him by the City or a monthly car allowance to be determined annually during the budget approval process. b) Dues and Subscriptions. The City agrees to budget and to pay the professional dues and subscriptions of the City 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. c) Professional Development. The City hereby agrees to budget and to pay the travel and subsistence expenses of the City Manager for professional and official travel, meetings and occasions adequate to continue the professional development of the City Manager and to adequately pursue necessary official and other functions for the City, including, but not limited to, the Annual Conference of the International City Management Association, the state league of municipalities, and such other national, regional, state and local governmental groups and committees thereof which the City Manager serves as a member. The City also agrees to budget and to pay for the travel and subsistence expenses of the City Manager for short courses, institutes, and seminars that are necessary for his professional development and for the good of the City. d) General Expenses. The City recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by the City Manager and hereby agrees to reimburse or to pay said general expenses.The Finance Director is hereby authorized to disburse such monies upon receipt of duly execute expense or petty cash vouchers, receipts, statements or personal affidavits. e) Personal Leave Days. The City Manager shall accrue, and have credited to his personal account, personal leave at the same 4111 rate as other general employees. f) Insurance. The City agrees to provide and pay for full major medical health insurance for the City Manager and his family, to provide and pay for life insurance as provided for other City employees. g) Retirement. The City agrees to execute the agreement provided by the International City Management Association retire- ment plan if not prohibited by City Charter. The City agrees to contribute to the retirement plan the sum equal to fifteen percent 15%) of the City Manager' s base salary. SECTION 4 . The City may terminate the employment of the City Manager hereunder without notice: a) Upon the City Manager ' s failure to promptly and adequately perform the duties required of him by the City, such performances to be judged by the City Commission, or b) Upon the City Manager' s breach of any provision hereof, or c) For other good cause which shall include, but shall not necessarily be limited to, habitual absenteeism, a pattern of conduct which tends to hold the City up to ridicule, conduct 1110 disloyal to the City, conviction of any crime of moral turpitude, and substantial dependence on any addictive substance. SECTION 5. The City may terminate the employment of the City Manager hereunder without cause provided that any termination or111)removal of the City Manager shall be in accordance with the provisions of the City Charter. In such event, the City Manager shall continue to be paid his salary and benefits for at least one hundred eighty (180) consecutive days from any preliminary notice of termination without cause. SECTION 6. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this N, n(L of August, 1994 . ATTEST: aL.t,z e.4..J C' P'-,1,K :• MAU EEN KING N T. FLETCHER City Clerk Mayor, Presiding Officer Approved as to form and correctness: ity At N C. 7neyENS , ESQUIRE i° I hereby accept employment as City Manager for the City of Atlantic Beach under the foregoing provisions. A i KIM D097 00- 0,41/400/ .t LEINBACH DATE: 4,4 . l6'/ /,. e.,, IIII