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12-18-12 Special Workshop Meeting MinutesSPECIAL /WORKSHOP MEETING DECEMBER 18, 2012 A Special /Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 5:00 p.m., on Tuesday, December 18, 2012. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called the Special /Workshop meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA DISTRICT OFFICE LEASE AGREEMENT/ STATE SENATOR: Consider approval of a District Office Lease Agreement with State Senator Maria Sachs to lease office space located in Delray Beach City Hall. Mr. Brian Shutt, City Attorney, presented this item stating Senator Sachs wanted the lease to begin on January 1, 2013 and provided highlights of the terms of the agreement regarding the monthly rent for two spaces in City Hall: the Community Improvement Department office spaces January to June) and the office spaces near First Floor Conference Room (after June 2013). The lease agreement is $300 per month for the Community Improvement spaces and $500 per month for the office spaces located near the First Floor Conference Room. Mr. Richard Reade, Sustainability Officer, stated we received notice yesterday from Senator Sachs' office requesting that the rent be brought down to $200 for office spaces in Community Improvement and $350 for the office spaces near the First Floor Conference Room in June. Mrs. Gray asked when Congressman Hastings' lease would be up and if we charged $300 for that space at that time. Mr. Carney stated the reality is that it is the same space once the doors are closed and stated he does not want to strain the State budget any more than it already is. The City Attorney clarified the language of the agreement regarding the monthly rent. Mr. Jacquet asked if it was okay to allow Senator Sachs to speak since she was in the room. In addition, he stated it is tough with the State budget and he does not have a problem with what Senator Sachs feels her office can afford. Mr. Frankel made a motion to approve the lease agreement with Senator Sachs ($350 for the spaces near the First Floor Conference Room and $200 for the spaces in Community Improvement), seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Nit. Carney — Yes. Said motion passed with a 5 to 0 vote. Senators Sachs thanked the Commission and gave brief comments. Mayor McDuffie adjourned the Special Mee ,g at 5:U9 P.11 WORKSHOP MEETING AGENDA 1. Pronosed contract terms and conditions for the new Citv ManaLyer Mr. Shutt stated he has attached a proposed general form contract that includes some of the terms of the 1CMA Model agreement as well as Mr. Harden's contract. He also included a copy of the City Manager contract for Lake Worth. He stated he will send Mr. Chapman the agreement once he receives direction from the Commission. Mr. Carney stated rather than have an open ended contract he would like to have a contract with a term and to have the City Manager work within the parameter of that term. He recommended a three (3) year term. Mr. Shutt pointed out Section 4.02 of the Charter, Appointment for the City Manager, stating the appointment shall be for an indefinite term. Mr. Carney discussed the Charter and the contractual employment agreement. Mr. Jacquet stated the City Charter trumps a contract and spoke regarding the annual review process. He disagrees with making the contract for a definite term. Mr. Jacquet asked about the salary range and moving expenses. He stated he thinks that receiving 2 quotes for a bid for moving is fine and commented regarding the living expenses for up to six (6) months. Mr. Koeser stated approximately $1,500 per month for temporary living expenses. Mr. Jacquet asked if only one civic club membership is covered by the city. In addition, he asked about termination of the City Manager and sick days. He asked if it was customary to provide the credit on the first day. lair. Jacquet stated the automobile allowance in the amount of $400 is reasonable; and discussed the salary that Mr. Chapman should be paid. Nit, Carney stated he believes that we can contractually waive the provisions of the Charter. He stated someone can contractually state what they will or will not agree to in their contract. Mr. Frankel stated that goes against the Charter to place a term in the City Manager contract. Mrs. Gray stated she does not agree with a term in the contract and it has never been done before. She stated as far as salary is concerned it should not be at $180,000 but somewhere in the middle. Mrs. Gray stated the relocation package is fine, life insurance is standard and the ICMA match is fine. Mr. Harden stated he can also participate in the 3% match 2 December 18, 2012 Mrs. Gray commented on the 6 weeks' vacation and stated maybe he could be offered 5 weeks Eke he is receiving now. Mr. Frankel stated in the four (4) years he has known Mr. Harden he has never questioned his ethics. He stated he has received information in the last few weeks that goes against someone's ethics and for these things to not be discussed or considered perplexes him. He discussed the information he had received regarding Mr. Chapman i.e. employees, parks and a city vehicle. Discussion ensued amongst the Commission regarding the information and the terms of the contract. Mayor McDuffie commented regarding the information provided to him and Mr. Frankel and stated it was unsolicited from Connecticut to here. He provided an overview of the information. Mayor McDuffie stated he understands there is more than one side when information is received but feels it should be looked into. He stated he disagrees with offering Mr. Chapman the top salary of $180,000 and commented regarding the size of the city and services. He stated he would like everything vetted out before he agrees with making Mr. Chapman the city manager. Mr. Carney asked the Mayor what would be his solution. The Mayor reiterated that he would like all doubt cleared regarding Mr. Chapman's character and morals. He stated he has no doubt regarding Mr. Harden's character and morals. Mrs. Gray asked how the information will be vetted out. Mr. Jacquet discussed receiving unsolicited information and how it gets vetted out. He stated he would like to move forward with the terms of the agreement. Mr. Frankel stated the man called him last week after a newspaper article in Connecticut stating Mr. Chapman had been selected. Mayor McDuffie stated this is not personal and his simple question is does the Commission find out whether it is true or not. Mr. Harden suggested proceeding with negotiations and having the consultant talk to ex- department heads to see what their perspective is. He stated he always tries to not discount what he hears because of the source but to look into it. Mr. Carney commented regarding whistleblower statutes and stated they are always taken seriously. He stated if things are coming out that need to be addressed then Commission needs to do that. It is better to address the questions now rather than later. The City Attorney clarified the direction from the Commission which is to further investigate the allegations and regarding the contract, the Commission is in agreement with the terms regarding the temporary housing expenses of $1,500 per month capped at $9,000 and the consensus on salary is to offer $160,000. Commission and Mr. Shutt discussed the Charter regarding an employment term in the City Manager contract and obtaining a legal opinion. It was the consensus of the Commission to not obtain a legal opinion. Mayor McDuffie adjourned the Workshop Meeting at 5:51 p.m. 3 December 18, 2012 City Clerk ATTEST: The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special /Workshop Meeting of the City Commission held on Tuesday, December 18, 2012, which Minutes were formally approved and adopted by the City Commission on January 15, 2013. ��� :S�). )�� 'A�- City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 December 18, 2012