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11-02-95 v MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 6:45 PM ON THURSDAY, NOVEMBER 2, 1995 Present: Lyman T. Fletcher, Mayor Steven M. Rosenbloom, Commissioner Suzanne Shaughnessy, Commissioner J. Dezmond Waters, III, Commissioner Robert G. Weiss, Commissioner Also: Kim Leinbach, City Manager James R. Jarboe, Deputy City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Fletcher. 1. Action on a request for 16th Street Dune Crossover modifications, and adoption of Resolution No. 95-39 authorizing budget modification It was explained this item had been withdrawn from the agenda since the question regarding the fence at the 16th Street dune crossover had been resolved in a manner which would not require commission action. In response to an inquiry from Commissioner Rosenbloom regarding the resolution of the problem, City Manager Leinbach explained that the boards on the fence would be moved so that the smooth side of the fence would face the property owner. As the fence had been originally designed, there was a space between the boards and the ground and the City Manager indicated the property owner had requested that the boards of the fence reach all the way to the ground. Apparently a compromise had been reached and shrubs would be planted to screen the space at the base of the fence. In further discussion, Commissioner Rosenbloom indicated that while he was totally in agreement with the end result and felt a good compromise had been reached, he had a problem with the manner in which city staff had been authorized to stop the work on the access. He requested that commissioners keep this in mind and in the future when another commissioner decides to stop a project, that the other commissioners accept this as part of the process. The Mayor felt that sometimes it was a clumsy process to resolve issues and he preferred to err on the side of the citizens. Commissioner Shaughnessy felt the real issue was that the matter did not come before the commission since there was no increase in cost. Page Two Minutes - Special Called Meeting November 2, 1995 2. Resignation of the City Manager and related action The Mayor noted that Kim Leinbach had submitted his resignation as City Manager, and it would be necessary to start the process to find a replacement. Mayor Fletcher moved to accept the resignation of the City Manager. The motion was seconded by Commissioner Waters. In discussion, Commissioner Weiss requested that Kim Leinbach receive severance pay as noted in his contract. Commissioner Rosenbloom offered an amended motion: accept the resignation of the City manager and authorize that Mr. Leinbach continue to receive full pay for a period of 180 days, in accordance with his contract. The motion was seconded by Commissioner Weiss. The Mayor asked the City Attorney for clarification regarding the terms of the City Manager's contract. The City Attorney indicated that the contract provided that Mr. Leinbach would receive severance pay for a period of 180 days in the event he was terminated without cause. However, he felt the City Commission had the authority to do whatever it felt was fair. Commissioner Rosenbloom felt that whether it was an obligation of the contract, or a moral obligation, the six month severance was appropriate. Mayor Fletcher indicated that Mr. Leinbach had resigned voluntarily, under the terms of his contract the city was not obligated to pay severance; however, he suggested that a lump sum severance be paid as a goodwill gesture and in recognition of his good service. Commissioner Rosenbloom amended his motion to accept the resignation of the City Manager and award Mr. Leinbach a severance equal to six months pay (excluding benefits). The motion was seconded by Commissioner Weiss and was unanimously approved. Mayor Fletcher then moved that upon the effective date of the Mr. Leinbach's resignation (November 24, 1995), Jim Jarboe be designated as the Acting City manager to conduct the business of the city during the interim of the search for a replacement. The motion was seconded by Commissioner Weiss. During discussion, Commissioner Shaughnessy indicated that since Mr. Jarboe was currently operating as the Director of Utilities, that there was a possibility that the Public Works Director may be leaving, and that under those circumstances, Mr. Jarboe would be required to undertake the responsibilities of three people. She suggested that consideration be given to designating the Police Chief as Acting City Manager in the interim. Page Three Minutes - Special Called Meeting November 2, 1995 Following further discussion, the question was called and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. Discussion then ensued regarding the process to be used to find a replacement for Mr. Leinbach. Mayor Fletcher indicated he preferred not to use an outside search agency and moved to appoint Jim Jarboe to conduct the search and report back to the City Commission. The motion was seconded by Commissioner Shaughnessy. Further discussion ensued and Commissioner Rosenbloom felt the City Commission should have a workshop to determine the type of individual the city needs. Jim Jarboe reported regarding his experience in management studies and hiring of personnel and outlined the process he would use. He felt since the City Manager works for the City Commission, it was important that commissioners be involved in the selection process. There being no further discussion on the matter the Mayor called for a vote and the motion carried unanimously. 3. Any other business Commissioner Rosenbloom requested that the minutes reflect that the City Commission was in agreement that from time to time there were circumstances that would require commissioners to intervene in city matters and that all commissioners understood and had come to grips with that. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 7:25 p.m. /71 ' Lyman . Fletcher Mayor/Presiding Officer ATTEST: Maure n King, CMC City Clerk