12-02-92 v J
CITY OF ATLANTIC BEACH
SPECIAL CALLED MEETING OF THE CITY COMMISSION
WEDNESDAY, DECEMBER 2 , 1992, 7 P.M.
AGENDA
1 . Discussion and related action regarding the City ' s contract
with Jim Jarboe
2 . Discussion and related action regarding Town Center ' s
request to close Atlantic Boulevard from Ocean Blvd . to the
beach December 6 , 1992
Adjournment
MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION
HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 6:30 P. M. ON WEDNESDAY,
DECEMBER 2, 1992
Present: William I. Gulliford, Jr. , Mayor
Glenn A. Edwards
Lyman T. Fletcher and
Adelaide R. Tucker
And: Trudy Lopanik, Substituting for City Clerk
Kirk Wendland, Finance Director
Alan Jensen, City Attorney
Commissioner Dezmond Waters and City Clerk Maureen King were
excused.
The Mayor called the meeting to order and explained the following
items would be discussed:
1 . Discussion and related action regarding the City' s contract
with Jim Jarboe
2. Discussion and related action regarding Town Center' s request
to close Atlantic Boulevard from Ocean Blvd. , to the beach,
December 6, 1992.
The Mayor asked Kirk Wendland, Finance Director, to explain the
proposed Temporary Employment Agreement for James R. Jarboe. Mr.
Wendland explained the agreement extended the temporary employment
of Mr. Jarboe until June 30, 1993 (copy of the proposed agreement
is attached hereto and made a part hereof ) . He added the present
agreement was effective until December 2, 1992. He referred to
Paragraph 4 and explained the aggregate sum of $82, 215 referenced
in Paragraph 3 included $10, 000 of Community Development Block
Grant funds, which could only be expended for work performed on
projects which were CDBG eligible. He added if Mr. Jarboe
performed CDBG eligible services in an amount less than $10, 000,
the aggregate sum of the contract would be reduced by the amount of
CDBG eligible funds not expended. The Mayor referred to Paragraph
7 and indicated the dates of employment were incorrect and should
read as follows: the employee' s performance shall commence on the
2nd of December, 1992 and continue no longer than the 30th of June,
1993.
Commissioner Tucker moved for Authorization of the Temporary
Employment Agreement between the City of Atlantic Beach and James
R. Jarboe. She added the Agreement shall be amended as follows:
Paragraph 7 shall read "the employee ' s performance under this
agreement shall commence on the 2nd of December, 1992 and continue
no longer than the 30th of June, 1993. " The motion was seconded by
Commissioner Edwards.
Page 2
Minutes of Special City Commission Meeting
Wednesday, December 2, 1992
A discussion ensued concerning the possibility of retaining Mr.
Jarboe on a permanent basis. Everyone agreed that Mr. Jarboe was
of great help to the City and it was unanimously agreed that
efforts should be made to try to retain Mr. Jarboe as a permanent
employee.
A discussion ensued concerning the Temporary Employment Agreement
and it was explained the Agreement was an extension of an existing
contract which was effective beginning April 27, 1992.
It was decided to amend the first paragraph to indicate the
agreement was executed on the 2nd day of December, 1992 instead of
the 27th day of April, 1992, and to amend the amount of
compensation in Paragraph 3 to $37, 000, instead of $82, 215. It was
decided to indicate in the agreement that no monies to fund this
contract would come from Reserve Funds, and Kirk Wendland was
requested to furnish a report indicating where the funds would be
derived.
Commissioner Fletcher made a Substitute Motion as follows:
Authorize execution of the Temporary Employment Agreement between
the City of Atlantic Beach and James R. Jarboe with the following
amendments: (a) no monies to fund the contract would come from
Reserve Funds, with a report being furnished to the Commission
indicating where the funds would be derived (b) the agreement
would be executed December 2, 1992 and continue no longer than
June 30, 1993 (c) the City agreed to pay a sum not to exceed an
aggregate of $37, 000. The motion was seconded by Commissioner
Tucker and was unanimously approved.
Ray Salman indicated the Community was aware of Mr. Jarboe' s
support and assistance and heartily supported his being considered
as a full time employee, and he asked the Commission to place this
in a form of formal motion.
It was moved by Commissioner Tucker to authorize the Mayor to
engage in negotiations with James R. Jarboe, with the assistance of
the City Manager to seek funding for the proposed position of
Deputy City Manager, and to inform Mr. Jarboe that the full City
Commission endorses this action. The motion was seconded by
Commissioner Edwards and was unanimously approved.
The Mayor referred to the request of Commission Fletcher to close
Atlantic Boulevard from Ocean Blvd. to the beach on December 6,
1992, for the Town Center Holiday Fest, "Singing in the Streets. "
•
Page 3
Minutes of Special City Commission Meeting
Wednesday, December 2, 1992
It was moved by Commissioner Fletcher to authorize the closing of
Atlantic Boulevard from Ocean Boulevard to the Beach on December 6,
1992, for the Town Center Holiday Fest, "Singing in the Streets. "
The motion was seconded by Commissioner Tucker and was unanimously
approved.
Commissioner Tucker referred to the Charter Revision Committee and
indicated two members had not responded to notices of meetings, and
she asked for Commission approval that if a Charter Revision Member
missed three meetings without being excused, he would automatically
be removed from the committee. The Commission voiced their
agreement.
There being no further bu iness . com- sefore the Ci y Commission,
the Mayor declared the m:-ti • adjourne• :t 7 05 p. .
_ A 11 a
it iam I . Gulli or.
Mayor/Presiding Off - 11
ATTES T:
Maure n King
City Clerk
TEMPORARY EMPLOYMENT AGREEMENT
This agreement is made and executed this 27th day of
April 1992 by and between the City of Atlantic Beach, Florida,
a Municipal Corporation (hereinafter referred to as City) , and
James R. Jarboe of Atlantic Beach, Florida.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS :
1 . The City agrees to retain James R. Jarboe , hereinafter
referred to as temporary employee in the capacity of Deputy
City Manager for the City of Atlantic Beach.
2 . The temporary employee agrees to use his expertise and
best efforts in performing the responsibilities of but not
limited to research and study relating to various projects
assigned by the Mayor , City Commission or City Manager. Each
project shall be defined in detail (scope of services) with a not
to exceed cost determined and to be enforced unless amended by
the Mayor, City Commission or City Manager.
3 . In consideration for the above services rendered by the
temporary employee as set forth in Paragraphs 1 and 2 , the City
agrees to pay him the sum not to exceed $38 . 00 per hour , not to
exceed an aggregate of $82 ,215 , paid bi-weekly which shall
constitute full and complete compensation for all services
rendered. The City shall deduct from the weekly gross wages due
Federal Income Tax Withholding and Social Security . By executing
this agreement the temporary employee expressly acknowledges that
he is not entitled to any of the usual and customary benefits ,
terms and conditions of employment with the City. It is further
agreed that the temporary employee will not receive eight hours
pay for any holiday during which the City is closed for business .
4. The aggregate sum referenced in part 3 , above includes
$10,000.00 of Community Development Block Grant funds, which can
only be expended for work performed on projects which are CDBG
eligible. If the temporary employee performs CDBG eligible
services in an amount less than $10,000.00, the aggregate sum of
the contract will be reduced by the amount of CDBG eligible funds
not expended. Any and all work performed for the various
enterprise funds will be billed directly to the enterprise
fund(s) to which the work is related.
5 . The temporary employee understands and expressly agrees
that he is a temporary employee for all purposes , including a
Federal or State Statute , and that he may not be deemed or
construed to be a regular employee of the City . The temporary
employee further understands and expressly agrees that the City
shall not provide any retirement benefits , personal leave
benefits , and that he will be responsible for his own health,
disability and life insurance coverage . The temporary employee
further understands and agrees that his employment is not
regulated by or subject to the personnel policies governing
permanent employees of the City contained in the City Charter,
Code of Ordinances , or elsewhere . The temporary employee further
understands and agrees that he will not be eligible for
unemployment compensation benefits upon the termination of this
Agreement under any circumstances .
6 . This contract may be terminated by either party hereto
with notice of (30) thirty days upon the giving of written
notice .
7 . The temporary employee ' s performance under this
agreement shall commence on the 30th of June, 1993 and
continue no longer than the 31st of December , 1992 , unless
extended by the mutual agreement of the parties , or unless this
Agreement is terminated sooner in accordance with the provisions
set forth in Paragraph 5 above .
8 . The City expressly claims and the temporary employee
agrees that only an employment at will relationship exists
between the parties and that this agreement incorporates the
complete and only terms of that relationship .
9 . The provisions of this Agreement are severable , and if
any part of it is found to be unenforceable , the other paragraphs
shall remain fully valid and enforceable . This agreement shall
survive the termination of any agreements contained herein.
10. This Agreement sets ' forth the entire Agreement between
the parties hereto , and fully supersedes any and all prior
agreements and understandings between the parties hereto
pertaining to the subject matter hereof .
Dated this day of , 19
By
WITNESSED:
James R. Jarboe
332 4th Street
Atlantic Beach, FL 32233
In compliance with the Charter of the City, I do certify that there
is an unexpended, unencumbered and unimpounded balance in the
appropriation sufficient to cover the foregoing contract and provision
has been made for the payment of the monies therein to be paid up to the
amount budgeted.
Director of Finance
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City Attorney
City Manager