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10-05-1988 - Special ""' () <.) CITY COUNCIL OF EDGEWATER SPECIAL MEETING OCTOBER 5, 1988 MINUTES Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. He stated the purpose was for negotiating a contract with William T. Powers for the position of City Manager. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman David Mitchum Present Present Present Present Present City Attorney Jose' Alvarez Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Excused Present Present Councilman Mitchum asked Mayor Baugh about the investigation he'd done on Dennis Kelly. Mayor Baugh replied it was an inquiry. Councilman Mitchum asked about inquiries into the backgrounds of William Powers and Scott Hancock. He asked who the Mayor had talked to in Cocoa. Mayor Baugh replied he thought it was the City Clerk and the newspapers. Councilman Mitchum stated he called City Hall and Mayor Baugh had just contacted the City Clerk and he wanted the records to show that was the full inquiry he'd made. There was discussion as to how the proposed Employment Agreement would be reviewed and City Attorney Avlarez recommended they follow the outline and make a decision. Article I - Term of Employment - Councilman Rotundo asked if he'd agree to serve a probationary period and Mr. Powers replied providing terms of the contract are in effect. There was discussion about the severance pay if termination occurred during probation. Councilman Mitchum suggested 3 months severance and Mr. Powers agreed. City Attorney Alvarez questioned the wording under 1.01 and 1.02 of the Agreement regarding the 3-year and 2-year terms. Mr. Powers explained that at the end of 24 months, Council could say they want to extend the contract 12 months after the 36 months and have a 2-year contract, or if they decide they don't want to do that, it tells the Manager the contract will expire in 12 months and they won't renew it. 1.01 for term of three years - No Council member expressed an objection. 1.02 at end of 24 months, extend the term of 12 additional months, with 6 months probation and 3 months severance - No Council member expressed an objection. Article II - Employee's Duties - Councilman Prater questioned 2.04 regarding the time spent. Mr. Powers explained it will be the time required to do the job, and he won't be out doing professional work for someone else or consulting work. There were no other comments regarding Article II. Article III - Compensation - 3.01 - It was agreed to leave this until the end of the contract. 3.02, pay raises - There was considerable discussion about the 8% requested and it was agreed it would be 4%, the same as other employees, depending on performance. Councilman Mitchum quoted the amounts that could accrue for vacation and sick leave and the pay raise over the period of the contract. A lady from the audience spoke about the 8% increase to compensate for growth if the growth would be less than 8% for a particular year. Mr. Powers asked for a definition of the evaluation and Mayor Baugh replied it's an annual review for each Council person to make an evaluation of his performance. Mr. Powers asked if it would be the same standard form and Mayor Baugh said yes. Mr. Powers stated he had no problems with a standard evaluation if it's the same as for others. Councilman Mitchum suggested they may want to look at the form to see if it may need revision. Mr. Powers pointed out that ICMA has some good formats for evaluating City Managers. Mayor Baugh said he had no problem with the ICMA evaluation and Councilman Mitchum agreed it would be logical to use that form. Mayor Baugh explained the way the merit system is currently handled with evaluations on the anniversary date. City Attorney Alvarez briefly reviewed the management pay and benefit plan. He noted that it would be a base salary and the COLA every October, and a merit increase in accordance with the management personnel pay plan. Mr. Powers agreed to the verbage of "In accordance with management pay plan". No Council member objected. ~ o 3.03, retirement plan contribution - After discussion, it was agreed the Council would offer 10% rather than the l2~% requested. Mr. Powers stated that if they get more demands on the funding, they may have to increase the funding and if it goes up, this should go up percentage wise. Mayor Baugh agreed this could be brought up at a later date. 3.04, 160 hours sick leave upon employment, monthly accrual of 8 hours, and unlimited accrual~ Councilman Mitchum suggested this be reduced to 80 hours. Mr. Powers accepted the 80 hours. There was no objection to the unlimited accrual. Later in the meeting, there was further agreement that it was 80 hours upon employment and after 10 months, it starts accruing, with 96 hours for the year. 3.05, 160 hours vacation leave upon employment, accrue 240 hours annually and unlimited accrual of unused vacation time - After negotiating, Mr. Powers suggested they compromise on 22 days vacation. Councilman Rotundo asked that it not be taken more than 2 weeks at a time. Mr. Powers agreed that's reason- able unless there was an expressed consent of Council if something came up. Council members agreed to 22 days with none up front. 3.06, hospitalization, surgical, dental and comprehensive medical insurance for employee and his dependents and to pay total premiums for such coverage- When researched during the meeting, it was discovered that Department Heads have this benefit and it was agreed to provide it for the City Manager also. 3.07, compensatory time - Councilman Mitchum suggested they delete and strike this section. Councilmen Asting, Prater and Rotunto agreed. 3.08, reduction of salary, compensation or other financial benefits of employee- No Council member had an objection to this clause. Article IV - Employee Benefits - 4.01, participation in any employee benefit Powers explained they could have a deferred participate in. No Council member expressed established by employer compensation program he an objection. - Mr. could 4.02, complete physical to be paid by employer- It was agreed that the City would bear the cost for a complete physical every other year, rather than every year as proposed. 4.03,A, travel and expenses for professional and official travel, meetings and occasions - Councilman Prater requested a cap on these expenses. Mr. Powers reviewed the various requests he'd have. It was agreed to limit the travel to the United States and not outside the North American limits. Councilmen Prater, Mitchum, Asting, and Rotundo agreed. Joan Scherz, 905 Egret Court, asked if just the Manager goes or if it's a family trip. Mayor Baugh replied it's just for him and he'll pay for his family if they go along. 4.03, B, travel and expenses for short courses, institutes and seminars - Mayor Baugh suggested they add the same wording as in "A", that it be subject to specific approval by the City Council in each instance. Mr. Powers agreed, and the four remaining Council members agreed. Mayor Baugh called a 5-minute recess at 8:42 P.M. He called the meeting back to order at 8:58 P.M. Article V, Termination and Severance Pay - 5.01, lump sum cash payment equal to 12 months compensation, including base salary, retirement, sick and vacation time, compensatory time and insurance - It was agreed to have 4 months severance pay. Mr. Powers stated he wouldn't agree to 4 months and thanked Council for their time. Mayor Baugh thanked him. Councilman Prater suggested they call in someone else. Frank Roe, 2732 Juniper, asked Council to reconsider and give him 6 months. Ben Wagner, 3036 Travelers, applauded Council for taking a stand. Keith Denton, 3231 Umbrella Tree, suggested they change the Charter to take a 4-vote to terminate the City Manager and give him some job security. -2- Council Special Meeting Minutes October 5, 1988 o o John Scherz, 905 Egret Court, suggested they not hire anyone now and present it to the newly elected as there's a lot of money involved. He stated that the position requires more experience than the 21 months as a Manager and 5 years as an Assistant. Councilman Rotundo asked Mr. Powers to negotiate further. 5.02, termination due to conviction of a felony - There was discussion about an additional clause to cover misfeasance, malfeasance, and neglect of duty. City Attorney Alvarez questioned what would happen in the interim until conviction or innocence is established. He explained what would fall under the various categories. Mayor Baugh stated that if he's suspended for mis- feasance or malfeasance, it's at the discretion of the Council if he'll be suspended with or without pay. City Attorney Alvarez stated he'd add to conviction of a felony, and "because of conviction of misfeasance or mal- feasance or felony, then employer would be obligated to pay only unused vacation and sick time, and in the event employee is suspended, it will be at the discretion of the City Council whether such suspension will be with or without pay." Mr. Powers questioned how it would be handled if found innocent and Mayor Baugh replied they'd have to reinstate him with back pay. City Attorney Alvarez agreed that's usual. 5.03, voluntary resignation notice by employee - After discussion, it was agreed the employee would provide 3 months written notice. Article VI, General Provisions - 6.01, packing and moving expenses - After discussion, it was agreed to set a maximum of $2,000. 6.02, defend, save harmless and indemnify employee - Councilman Mithcum asked for an explanation regarding an incident in Cocoa. Mr. Powers reviewed the incident regarding the investigation of the Police Department, an employee leaving the job for two weeks without notice, and termination, with a subse- quent award due to proprietary interest. City Attorney Alvarez pointed out the self-insurance program will be the fund handling any actions against the Manager or Councilor any City employee, and if Council wants to go beyond that, it's their prerogative. Mr. Powers suggested he could add at the end of the clause, "as prescribed by City Ordinance." Council members agreed. 6.03, expenses of nonpersonal and job-affiliated nature not to exceed $100. per month - Mr. Powers pointed out this covers such things as lunch for other people. No Council member expressed an objection to this clause. 6.04, automobile provided by employer or allowance of $300. a month - Mr. Powers explained that if the City provides the vehicle and expenses, then it's restricted to official business. Mayor Baugh stated it wouldn't be a vehicle to drive back and forth to Cocoa and no mileage, or they'd pay mileage if he uses his own vehicle in the City limits if there's no vehicle available. City Attorney Alvarez questioned the exclusive use and Mr. Powers replied it's assigned to the City Manager and no one else. City Attorney Alvarez asked if it's official duty only and Mr. Powers said yes. It was agreed to purchase a vehicle, and under State bid if available. Mr. Powers suggested it would read "upon employee's relocation in the corporate limits". 6.05, employee's annual ICMA dues to be paid by employer - Mayor Baugh asked the amount and Mr. Powers explained it's based on his salary and it's about ~%. Council members agreed to this clause. 6.06, relocation of family within 12 months of date of hire - It was agreed that Employee would relocate his family within 6 months from the end of probation. 607.A. and C. - City Attorney Alvarez explained these are standard provisions and there was no objection from Council. 607.B, binding of Employee - insurance. No upon and inuring to the benefit of heirs at law Mr. Powers explained they will get his benefits Council member objected to this clause. and executors and life -3- Council Special Meeting Minutes October 5, 1988 (.) 0 6.08, severability clause - There were no comments regarding this clause. Article III, Compensation - 3.01 - After discussions, it was agreed the annual base salary would be $40,000 for the length of the contract. 5.01, lump sum cash payment - Mr. Powers explained the status of his payoff from Cocoa. After discussion, it was agreed to 4 months severance pay, and with 3 months severance pay if terminated during the probationary period. There was discussion about the date that he could start work and it was agreed the first day would be October 13, 1988. City Attorney Alvarez stated that he was handed a letter of resignation from Dennis Kelly. Acting City Clerk Wadsworth read the letter, which offered his services as a resource person to work with Mr. Powers to become familiar with pending matters. Councilman Mitchum moved to grant the request. Councilman Asting seconded the motion. Motion DID NOT CARRY 2-3. Mayor Baugh, Councilman Rotundo, and Councilman Prater voted NO. Mayor Baugh requested a motion to accept Dennis Kelly's resignation. Mel Wargo, from the audience, asked if they can accept it. Mayor Baugh requested a motion to adjourn this meeting. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 10:46 P.M. Minutes submitted by: Lura Sue Koser -1€3 ~ -+~ C7~L-- A:: COUNCILMAN - ZONE FOUR ~ ilL-- ATTEST: d.,,-,,~d. ~~ --1\CTING CITY ClERK' ~ppro ed this -1 day of _. r ' / ~ ,198L. ~-:>~ MAYOR L -4- Council Special Meeting Minutes October 5, 1988