CITY OF INDIAN ROCKS BEACH

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MINUTES CITY OF INDIAN ROCKS BEACH SPECIAL CITY COMMISSION MEETING The Indian Rocks Beach Special City Commission Meeting was held on Monday, March 2, 2009, in the City Commission Chambers, 1507 Bay Palm Boulevard, Indian Rocks Beach, Florida. Mayor-Commissioner Johnson called the meeting to order at 10:05 a.m., followed by the Pledge of Allegiance and a moment of silence. PRESENT: Mayor-Commissioner R.B. Johnson Vice Mayor-Commissioner Terry Hamilton Wollin Commissioner Joanne Cookie Kennedy Commissioner Daniel J. Torres Commissioner Bert Valery Interim City Manager/Planning and Zoning Director Danny E. Taylor City Clerk Deanne Bulino O Reilly City Treasurer M. Earl Sandy Sanders Public Services Director Dean A. Scharmen 1. INTERVIEWS FOR CITY MANAGER. The City Commission interviewed Charles S. Coward, Donald B. Lusk, John J. Drago, and Jeffrey I. Naftal for the position of City Manager. 2. BREAK The City Commission took a 10 minute break from 1:00 to 1:10 p.m. 3. RESOLUTION NO. 2009-23. Selecting two finalists for the City Manager position; providing for a comprehensive background check to be performed on the finalists; providing for the City Attorney to negotiate the terms and condition of employment. BACKGROUND: On November 28, 2007, City Manager Stephen J. Cottrell submitted his resignation as Indian Rocks Beach City Manager effective January 26, 2008. On January 8, 2008, the City Commission, in Resolution No. 2008-01, appointed Danny E. Taylor as Interim City Manager, with Mr. Taylor to resume Page 1 of 6

his original position of Planning and Zoning Director upon the hiring of a permanent City Manager. During the July 8, 2008 City Commission Meeting, the City Commission opted to evaluate the performance of Interim City Manager Taylor after the FY2009 Budget Process for the purpose of appointing him as the permanent City Manager. During the October 28, 2008 City Commission Meeting, Interim City Manager Taylor advised the City Commission he no longer was interested in being a candidate for the City Manager position. Charter Section 5.1. Appointment of City Manager. The City Commission shall appoint a City Manager to serve at the pleasure of the City Commission and fix his compensation. The City Manager shall be appointed on the basis of his executive and administrative qualifications, to include an undergraduate degree and membership in the International City Managers Association. Charter Section 5.3. Powers and Duties of the City Manager. The City Manager shall be the chief administrative officer of the City. He shall be responsible to the City Commission for the administration of all City affairs placed in his charge by or under this Charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, may suspend or remove for just cause, any City employee or appointive administrative officer provided for under this Charter, except as otherwise provided by law, this Charter, contract or personnel rules pursuant to this Charter, and except in the case of the chief of police. The chief of police can be hired, fired or suspended by the City Manager only with the consent of the City Commission. He may authorize any administrative or any Charter officer who is subject to his direction and supervision to exercise those powers with respect to subordinates in that officer's department, office or agency. (2) He shall direct and supervise the Charter officers and the administration of all departments, offices and agencies of the city, except as otherwise provided in this Charter or by law. (3) He shall attend all City Commission Meetings and shall have the right to take part in discussions but may not vote. Page 2 of 6

(4) He shall see that all laws, provisions of this Charter and directives of the City Commissioners, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. (5) He shall recommend to the City Commission for adoption such measures as he may deem necessary or expedient in the interest of the City. (6) He shall prepare and submit the annual budget and capital program to the City Commission. (7) He shall make such other reports as the City Commission may require concerning the operations of the City departments, officers and agencies subject to his direction and supervision. (8) He shall keep the City Commission fully advised as to the financial condition and future need of the City and make such recommendations to the City Commission concerning the financial affairs of the City as he deems necessary. (9) He shall see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, he shall call the same to the attention of the City Attorney. (10) He shall be the purchasing agent of the City, by whom all purchases of supplies shall be made. In the capacity of purchasing agent he shall also conduct all sales of personal property which the City Commission may authorize to be sold as having become unnecessary or unfit for the City's use. All purchases and sales shall conform to such regulations as the City Commission may from time to time prescribe and shall allow for competition. These restrictions, limitations or criteria on this authority shall be established by ordinance, including but not limited to bidding requirements. (11) He shall perform such other duties as are specified in this Charter or may be required by the City Commissioners. The City has advertised for the City Manager position locally, statewide, and nationally, and has received 43 applications. The City Commission of the City of Indian Rocks Beach solicited the services of the Range Riders to review and recommend the best qualified City Manager applicants. On February 11, 2009, the Range Riders provided the City Commission with the names of nine best qualified City Manager applicants. On February 16, 2009, the City Commission reviewed the City Manager applicants recommended by the Range Riders and selected the following four Page 3 of 6

candidates to be interviewed on March 2, 2009: Charles S. Coward Donald B. Lusk John J. Drago Jeffrey I. Naftal The City Commission was provided with a City Manager salary survey for Pinellas County beach municipalities having a Commission/Manager form of government for their review. The former City Managers ending salaries since 1998 were as follows: Tom Brobei $80,582 12/1997-10/2003 City Manager John Coffey $60,706 10/2003-1/2004 Interim City Manager John Coffey $69,673 1/2004-7/2005 City Manager Al Grieshaber $78,000 7/2005-2/2006 Interim City Manager Al Grieshaber $86,520 2/2006-1/2007 City Manager Steve Cottrell $41.59 per hr. 4/2007-8/2007 Interim City Manager Steve Cottrell $97,888 8/2007-12/2007 City Manager Danny E. Taylor $79,880 1/2008 to present Interim City Manager City Attorney Kiefer read Resolution No. 2009-23 by title only. The City Commission reviewed the candidates resumes, qualifications, and interviews. City Clerk O Reilly tabulated the ballots and announced the following results: Commissioner Valery: John J. Drago - 1 Charles S. Coward - 2 Donald B. Lusk - 3 Jeffrey I. Naftal - 4 Commissioner Kennedy: Charles S. Coward - 1 John J. Drago - 2 Jeffrey I. Naftal - 3 Vice Mayor Wollin: Charles S. Coward - 1 Jeffrey Naftal - 2 Page 4 of 6

John J. Drago - 3 Commissioner Torres: Charles S. Coward - 1 Jeffrey I. Naftal - 2 John J. Drago - 3 Mayor Johnson: Charles S. Coward - 1 Jeffrey I. Naftal - 2 John J. Drago - 3 City Clerk O Reilly thereafter announced the final total votes as follows, noting that the candidate receiving the lowest number would be the top finalist: Charles S. Coward 6 John J. Drago 12 Jeffrey I. Naftal 13 Donald B. Lusk 19 Consensus to amend Section 1 of the Resolution as follows: Charles S. Coward is hereby selected as the first finalist for the position of City Manager for the City of Indian Rocks Beach and the City Attorney is hereby authorized to begin negotiations with Mr. Coward. Consensus to amend Section 2 of the Resolution as follows: John J. Drago is hereby selected as the second finalist for the position of City Manager for the City of Indian Rocks Beach; and in the event a contract is not executed with Mr. Coward, then the City Commission directs the City Clerk to schedule a second interview with Mr. Drago for additional proceedings. Consensus to amend Section 3 of the Resolution as follows: The City Attorney s office is hereby authorized to commission an abbreviated background investigation and reference check on Mr. Coward. Consensus to amend Section 4 of the Resolution as follows: The City Attorney is hereby directed to negotiate and finalize a City Manager Agreement with Charles S. Coward, which includes the following terms and conditions: annual salary of $88,000, three weeks annual vacation, $200 monthly car allowance, and 10% retirement contribution. The Page 5 of 6

Agreement is attached hereto as Exhibit A and incorporated herein by reference. The attached Agreement shall be executed immediately, but may be revoked if an unfavorable background check is produced. Motion made by Vice Mayor Wollin, seconded by Commissioner Valery to approve Resolution No. 2009-23, selecting Charles S. Coward as the finalist with John J. Drago as the second finalist, for the City Manager position; providing for a comprehensive background check to be performed on the finalists; providing for the City Attorney to negotiate the terms and condition of employment, as amended. Unanimous approval by acclamation. 4. ADJOURNMENT. Motion made by Commissioner Kennedy, seconded by Vice Mayor Wollin, to adjourn the meeting at 1:41 p.m. Unanimously approved by acclamation. March 24 2009 Date Approved R.B. Johnson, Mayor-Commissioner Attest: /dor Deanne Bulino O Reilly, MMC, City Clerk Page 6 of 6