08-01-89SpMtg AUGUST 1, 1989
A Special Meeting of the City Commission of the City of Delray
Beach, Florida, was called to order by Mayor Doak S. Campbell in the
Commission Chambers at City Hall at 7:05 P.M., Tuesday, August 1, 1989.
Roll call showed:
Present - Commissioner William Andrews
Commissioner Mary McCarty
Commissioner Jimmy Weatherspoon
Mayor Doak S. Campbell
Absent - Commissioner Patricia Brainerd
Also present were - Acting City Manager Robert Barcinski and
City Attorney Herbert W.A. Thiele.
Mayor Campbell called the meeting to order and announced that
this meeting has been called for the purpose of (1) Selection of Interim
City Manager and (2) Denial of Settlement Offer in the amount of $45,000
in the Serocki case.
1. Mayor Campbell stated he has enjoyed working with Mr. Barcinski
in his capacity as Acting City Manager, as well as Assistant City
Manager, and thanked him for all of the service he has given the City.
Since he has asked to be relieved as Acting City Manager they should now
discuss the naming of an Interim City Manager; once that is done they
can discuss the terms of a contract.
Mr. Weatherspoon stated there is typically an order of authori-
ty which has been set up in the system but they certainly have to
consider all possibilities. He would like the Commission to consider
John Elliott, the Assistant City Manager for Management Services; he
certainly has exemplified that he is qualified. Mr. Weatherspoon
commented that, since there are several people being considered, he
would like to get the names for the record and then rank as to first
preference.
Mr. Weatherspoon moved to list the names of the people who are
being considered and then the Commission would list those persons in
order of their preference, the ranking to be ratified by a majority of
the Commission, seconded by Ms. McCarty. Upon roll call the Commission
voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon
- Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
Before roll call the following discussion was had:
Mayor Campbell advised, for the record, that he is opposed to
this method; he believed the Interim City Manager is far too important a
position. Theoretically, they could fall into a situation like the golf
course where you could come in with no one's first preference. He
stated the whole point that he tried to make in the Manager form of
relationship is not who gets points but that person has to have a very
special and close relationship with the majority of the Commission. He
felt that after all the discussion of the names there should be a motion
to appoint one of those people and see how it goes.
Mr. Andrews commented he would like to see them get a format of
understanding the type of person they are looking for; he would like to
pre-qualify anyone from taking the position that certain things do or do
not happen during the course of the interimship, i.e., middle or upper
management job security within the City, the salary arrangements and
working relationships. The City Attorney stated he would have no
problem with their setting parameters of what the Commission expects
from this person; however, he would not necessarily be legally bound by
it, but he or she would certainly get the direction.
Ms. McCarty advised that she has thought about some criteria
that would be important to her and would like to list them: Someone who
is qualified, that is, who comes with a resume of experience; someone
familiar with the organization who can step into the role with a minimum
of time to acclimate themselves due to the many important issues facing
them in a matter of days; someone familiar with the Comp Plan; someone
who gets along with the staff as well as the Commission; someone they
can afford; one who agrees that this is an interim position and not
permanent and one who agrees that no major changes in the organization
will occur during the interim period without consulting the Commission.
Ms. McCarty stated she felt Frank Spence, Director of Develop-
ment Services, ought to be looked at; his resume includes City Manager
of North Palm Beach and Miami Beach and he has also been a County
Administrator. She also suggested the names of the City Attorney,
Herbert Thiele, and David Huddleston, Finance Director.
The City Attorney commented that, in his case, one could not
hold both positions simultaneously.
Mayor Campbell added the name of Malcolm Bird. He felt he has
met all the criteria listed by Ms. McCarty and certainly no one knows
the City better than he does. Mayor Campbell stated he has been im-
pressed by his administrative ability, understanding of, both legally
and administratively, the functions of the City and he is familiar with
most of the staff and operations. He added he felt they needed someone
from outside of City Hall, familiar with City Hall, to bring some
stability and bring a neutral prospective to this position.
Ms. McCarty advised that her concern about Mr. Bird is one that
she brought up frequently when Mr. Barry was here, that he acted too
much like an elected official. Mr. Bird knows his role in only one way
and that is as an elected official. She is also concerned about how
they are going to find the money and also the fact that Mr. Bird has
been out of town for some time and some of the programs and the way City
Hall functions now is certainly an entirely different situation than
when he was on the Commission. She added that Mr. Bird has several
items coming before the Commission and has lobbied them on behalf of
others frequently.
The City Attorney reported he had been requested by Commission-
er Brainerd to read a statement on her behalf. "Dear Members of the
City Commission, I wholeheartedly regret, but accept, Bob Barcinski's
decision not to remain as Interim City Manager. In analyzing the
requirements at hand, it is my desire that Malcolm Bird be appointed
Interim City Manager. Mr. Bird is an experienced leader in the communi-
ty and enjoys broad support from the public. He is, therefore, uniquely
qualified and possesses the skills to carry the community forward and to
address our aggressive agenda at hand, schools, budget, redevelopment
and the upcoming bond issue. Mr. Bird has my complete support. Sin-
cerely, Trish Brainerd, City Commissioner."
Mayor Campbell reiterated his feeling with regard to the
ranking system. Ms. McCarty stated they want to make sure they leave
with a decision made this evening and she is afraid if they don't use
the ranking system a decision will not be made; it would not be in the
best interest of the community and unfair to the staff to leave the City
in a static situation with no leadership. They have used this system
for other decisions in the past and have not changed this procedure.
She stated she would be concerned with putting this decision off any
longer than this evening.
Discussion followed with regard to the method of the selection
procedure. Mr. Weatherspoon commented that, with regard to the ranking
system, if the person does not come up as most of the Commission wishes
they have to ratify that ranking. If they do not ratify it, then they
can make the selection tomorrow.
Upon question, the City Attorney stated that if the maker of
the original motion wishes it to be construed that the ranking is
contingent on ratification, that is permissible. Mr. Weatherspoon and
Ms. McCarty stated they wished it to be so construed.
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Mr. Andrews asked if there was anyone which the Commission
would feel uncomfortable with or wished to have taken off the list. The
City Attorney's name was withdrawn, as was the name of Frank Spence.
At this point the roll was called to the motion.
The Commission then ranked the names of David Huddleston,
Malcolm Bird and John Elliott, one, two and three in order of priority
with the low number being the highest selection.
While the City Attorney was ranking the ballots the Commission
discussed Item 2.
2. Ms. McCarty moved to deny the settlement offer in the amount of
$45,000 in the Serocki case and to authorize the City Attorney's office
to make an offer of judgement in the case in the amount of $25,000,
seconded by Mr. Weatherspoon. Upon roll call the Commission voted as
follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes;
Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote.
1. The City Attorney announced that the rank in order of prefer-
ence is:
Mr. Bird - 6
Mr. Huddleston - 8
Mr. Elliott - 10
Ms. McCarty moved that they appoint Malcolm Bird Interim City
Manager and to have a date certain put in the contract, seconded by Mr.
Weatherspoon. Upon roll call the Commission voted as follows: Mr.
Andrews - Yes; Ms. McCarty - Yes; Mr. Weatherspoon - Yes; Mayor Campbell
- Yes. Said motion passed with a 4 to 0 vote.
Mayor Campbell suggested that the contract terminate no later
than 30 days following the installation of the new Commission next
spring and recommended April 30th.
Ms. McCarty moved that Mr. Bird's contract terminate no later
than April 30, 1990, seconded by Mr. Weatherspoon. Upon roll call the
Commission voted as follows: Mr. Andrews - Yes; Ms. McCarty - Yes; Mr.
Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4
to 0 vote.
Before roll call the following discussion was had:
Mr. Andrews commented that he believed this date would be
appropriate because they need some time to reevaluate their form of
government and perhaps look over the City Charter that has been recom-
mended. There are others that are going to be elected that may have
different ideas about a City Manager; they should wait until that new
Commission is appointed and let them work with their hand-selected
person.
Mr. Weatherspoon stated he did not see the need to say that as
of the election this person's contract would expire; nor the necessity
of going through a renewal process if it is not necessary. He was in
favor of leaving the date open.
Mayor Campbell advised he did not believe this precludes the
process of advertising and a format search. It is going to be much
easier on all of us to just not renew a contract rather than terminate a
contract.
Upon question by Mayor Campbell, with regard to policy being
included in the contract, the City Attorney stated the other methodology
would be to instruct him to negotiate a contract and they have given
him, as negotiator, the parameters that they want to have done; he would
not be authorized to exceed those parameters and he would have the
contract back on the agenda next Tuesday for ratification.
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Upon question, the Acting City Manager stated he believed the
selectee needs to have the ability to come in and begin work as soon as
possible.
The City Attorney clarified that, assuming we have a contract
that is acceptable to the Commission, it would become effective at a
Special Meeting at 1:00 P.M. on Thursday, August 3rd. In that motion
they will need also to allocate funding. Discussion followed with
regard to parameters for salary. The City Attorney stated he was
informed that the last time they did this they made it halfway between
what the Assistant City Manager's salary was and what the City Manager's
salary was at the time they made the change, which came to between
$61,000 and $69,000. The City Attorney suggested they see what Mr. Bird
would find acceptable, as long as the Commission gives him an outside
range. Mayor Campbell recommended between $61,000 and $65,000. Upon
question by Ms. McCarty as to where the money was coming from, the City
Attorney stated they would need to put their surplus in for this fiscal
year (two month period); they may have enough, given the fact that they
did the transfer previously, to cover it. Ms. McCarty advised she has a
problem with it coming from the Unencumbered Surplus; she would like to
see it, perhaps, come from other positions that were not filled.
At this time the roll was called to the motion.
Mayor Campbell declared the meeting adjourned at 7:50 P.M.
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach
and that the information provided herein is the minutes of the meeting
of said City Commission of August 1, 1989, which minutes were formally
approved and adopted by the City Commission
City Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of City
Commission. They will become the official minutes only after they have
been reviewed and approved which may involve some amendments, additions,
or deletions to the minutes as set forth above.
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