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08-03-89SpMtg AUGUST 3, 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 1:00 P.M., Thursday, August 3, 1989. Roll call showed: Present - Commissioner William Andrews Commissioner Patricia Brainerd Commissioner Jimmy Weatherspoon Mayor Doak S. Campbell Absent - Commissioner Mary McCarty Also present were - Acting City Manager Robert Barcinski and Assistant City Attorney Jeffrey Kurtz. Mayor Campbell called the meeting to order and announced that this meeting has been called for the purpose of (1) Ratification of Contract with Interim City Manager. 1. Mayor Campbell stated they have been furnished a preliminary draft of an agreement and he questioned if this agreement is pursuant to the requested changes by Mr. Bird or as originally drawn up. Assistant City Attorney Kurtz advised the agreement before the Commission has the suggested changes. The first point of difference is in Section 4 regarding the salary level. The Commission had authorized them to offer between $61,000 and $65,000; Mr. Bird is of the opinion that he should be paid the same salary as Mr. Barry was receiving at the time of his termination which was $74,630.40. Assistant City Attorney Kurtz stated he received a memorandum dated August 3rd from Ms. McCarty who wanted to go on record as being opposed to paying Mr. Bird any more than the $65,000 which was estab- lished. She feels it is ludicrous to pay someone who has no previous City Management experience the same as one who has had the educational and professional background as the previous City Manager. Upon question by Mr. Weatherspoon as to what Mr. Barry's initial salary was when he was hired, Assistant City Attorney Kurtz advised he received $69,000. Ms. Brainerd stated she feels it would be fair to pay Mr. Bird the same thing they paid Mr. Barry when he started. Mayor Campbell stated that if this is going to be an interim position there is an informal range and he would be willing to go to the lower end of the range which would be $69,000. Mr. Weatherspoon stated he feels they should go with the $65,000. Mayor Campbell suggested that if it is the intent of the Commission to go with $65,000 they can address this during the budgetary considerations as far as a different level with the beginning of the new fiscal year. Mr. Weatherspoon stated he would be willing to look at this during the budgetary process. Mayor Campbell suggested they go ahead and add wording to the contract to state that any adjustments to the salary will be considered during the 1989/90 budgetary considerations. Assistant City Attorney Kurtz stated the next issue is relative to COLA increases. The proposed contract from Mr. Bird modifies the contract to allow him to receive the COLA increases which all other city employees would be entitled to. There are two COLA periods - one is effective in October and is an increase of 3% and the second increase is 2% on April 1st. It was the consensus of the Commission to add this to the contract. Assistant City Attorney Kurtz stated that Mr. Bird has request- ed that the City make the standard payment of 8% to an ICMA retirement fund as they do for the Assistant City Managers and City Attorneys. It was the consensus of the Commission to add this to the agreement. Assistant City Attorney Kurtz stated the original agreement contemplated two weeks of severance pay. Mr. Bird would prefer that, in lieu of that, he be given a bank of ten vacation days which he would be able to use from the beginning of his period of employment. He has some commitments which would necessitate him coming to the Commission and asking for time off. The ten vacation days would equate to two weeks severance pay. It was the consensus of the Commission to add this to the agreement. Assistant City Attorney Kurtz stated that typically with new employees there is a waiting period before they can become part of the insurance plans, i.e., health insurance, death benefits and disability benefits. The waiting period is one month and, additionally, new employees are supposed to wait six months before they use any sick leave which they accrue and one year for vacation. Mr. Bird would like all of those periods to be waived so that he would be covered on the insurance policies from day one and, in addition, he would be able to take the vacation and sick leave as it is accrued. Mr. Weatherspoon stated he has no problem with waiving these periods; however, most employees take a physical and he questioned how this will affect Mr. Bird and will he be required to take one. Assis- tant City Attorney Kurtz stated he would assume that Mr. Bird will take a physical as the insurance is predicated upon him passing it. Mr. Weatherspoon stated that, typically, they do background checks on employees and he questioned if they will do one on Mr. Bird. Assistant City Attorney Kurtz stated they would have to stipulate that as it was not contemplated by staff. It was the consensus of the Commission that they have no problem with waiving the time periods, with the stipulation that Mr. Bird passes the physical. Assistant City Attorney Kurtz stated that in the contract it has stated that Mr. Bird would receive FSLA days which are days in lieu of getting overtime. Management receives five extra vacation days and one personal holiday which is a benefit which accrues to every employee on the fiscal year. Mr. Bird would like to be able to use these days when they accrue to him which would be October 1st of this year, rather than waiting six months. You cannot get reimbursed for these days if you do not use them during the fiscal year. It was the consensus of the Commission that they do not have a problem with this. Assistant City Attorney Kurtz stated that Mr. Barry's contract included that the City would pay for membership to a service club. Mr. Bird feels that this is befitting of a City Manager and that the City pick up the tab. It was the consensus of the Commission that they do not have a problem with this. Assistant City Attorney Kurtz advised there was a provision in the contract which would allow Mr. Bird to participate as a Director on Boards. It is his understanding that Mr. Andrews would like to see those two boards specified. They are Equity Bank and Delray Community Hospital Mr. Andrews stated that on Page 2, Item C, he would like to add the statement that the employee would not become employed by another employer full or part time. -2- 8/3/89 The Commission concurred to adding that language. Ms. Brainerd moved to approve the contract as modified by their comments, seconded by Mr. Weatherspoon. Upon roll call the Commission voted as follows: Mr. Andrews - Yes; Ms. Brainerd - Yes; Mr. Weatherspoon - Yes; Mayor Campbell - Yes. Said motion passed with a 4 to 0 vote. Mr. Bird stated he would like to thank the Commission for their confidence and, in view of the concessions they have made on the other items, he will accept Mr. Weatherspoon's limitation on salary. With regard to some of the questions which he is sure the public has, he stated for the record that as of noon yesterday he had fired all of his clients. He has no active accounts or accounts receivable from any outside activity and his sole orientation and effort will be towards the City of Delray, save the two boards specifically enumerated within the contract. With regard to this position, he looks forward to the chal- lenge of being the catalyst which, hopefully, is there to help move the City and its employees into a new and more productive time frame. They need to have behind them whatever rift there was and he looks forward to being part of the new dedicated Commission and Manager moving forward productively for the City. Mayor Campbell declared the meeting adjourned at 1:25 P.M. ATTEST: 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 3, 1989, which minutes were formally approved and adopted by the City Commission on~, /~./~f. 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. -3- 8/3/89