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HomeMy WebLinkAbout1756 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION WORKSHOP MEETING OCTOBER 18, 2001 1. Call to order Mayor Flury opened the meeting at 4:30 p.m. 2. Roll Call: Present: Mayor: Pat Flury Vice-Mayor: Robert Chunn Commissioners: John Bertino C.K. McElyea Bob Mikes City Attorney: Tom Ansbro City Manager: Ivan Pato City Clerk: Charlene Johnson 3. Discussion of employment contract for city manager. ® Mayor Flury was pleased to announce that City Attorney Ansbro received an agreement from the attorney representing Pete Prossic, owner of Chubb's Lounge, terminating the lease and surrendering possession of Chubb's Lounge in relation to the recent incident involving the death of two individuals. City Attorney Ansbro advised that he reviewed city manager contracts from Miramar, Highland Beach, Oakland Park, Fort Lauderdale, Cooper City and Tamarac. He presented an outline of elements that the City Commission might want to include in a contract for Ivan Pato. City Attorney Ansbro advised that not all Broward County cities provide a contract for their city managers and that some city managers are appointed by resolution. City Attorney Ansbro explained that the City Charter requires a public hearing to be advertised five days before the meeting addressing the city manager contract and that the term of the contract cannot exceed the next regular municipal election date of March 11, 2003. In March 2003, the contract would expire and the new City Commission would decide on a new contract or appointment of a city manager by resolution. In addition, the Charter states that a city manager that is granted a contract cannot be provided a public hearing in the event he or she was terminated or resigned. If the city manager is appointed by resolution to serve at the pleasure of the City Commission, the Charter provides the city manager with a public hearing at the time of termination or resignation. As far back as he could remember, Commissioner Bertino did not believe that the City of Dania Beach had provided a contract for a city manager nor had city managers been terminated by the City Commission. Commissioner Bertino expressed concern for providing a "Golden Parachute" contract where extensive benefits are provided and precludes the City Commission from removing a city manager because of the extreme costs associated with paying out the contract. Commissioner Bertino had no problem with a contract being provided that would deal with severance pay upon termination, work conditions and salary issues only. MINUTES 1 OCTOBER 18, 2001 WORKSHOP MEETING • City Attorney Ansbro pointed out some of the clauses relating to termination provided in the sample municipal contracts he received and explained that the City Commission could structure the contract whatever way they desire. City Attorney Ansbro advised that City Manager Pato had suggested that he be paid six months severance in the first year and three months severance in the 2"d year of the contract. City Attorney Ansbro clarified that the appointment resolution could only include the compensation and appointment of a city manager and any additional terms would have to be placed in the form of a contract. City Manager Pato stated his preference towards a simple contract being provided based on it being the right way to do business and as a way to send a message to the people working for the City that matters are going to be conducted in a more professional manner. Mayor Flury, Vice-Mayor Chunn, Commissioner McElyea and Commissioner Bertino generally agreed to provide a contract for the city manager. Commissioner Mikes mentioned the controversy surrounding the hiring of Ivan Pato and the uniqueness of the job requiring a person with city manager experience. Commissioner Mikes recommended that City Manager Pato be given a six-month period to do the city manager job without pressure from any commissioners; and, after a six-month period, the City Commission could evaluate Mr. Pato to determine if he should be granted a contract. The City Commission reviewed the following "List of Terms" to be included in a contract: Duration: March 11, 2003 • Compensation: Salary -$92,000.00 with percentage increases as provided by employees Termination: Convenience Severance: Three (3) months Automobile: Allowance at $500 a month Benefits: Vacation Sick Leave Holidays Longevity Personal Equipment: All equipment shall be surrendered at the time of termination Performance Review: Initial six-month performance review and an annual review thereafter. Insurance: standard provisions Hours of work: Available 7 days a week and no other employment shall be allowed. Residency: The City Commission generally agreed that the City Manager should live in the City. However, due to the short term of the contract for City Manager Pato, it was decided that it would not be cost-effective or practical to require a disruption in Mr. Pato's current living conditions. Duties: Charter and Code requirements Professional Development: Memberships, Seminars, Travel, Subscriptions Retirement Benefits: Whatever options are provided to city manager in pension section. Indemnification; Bonds: standard Conflict of Interest: Prior disclosure to the City Commission on business opportunities or Land purchases within the City and no other employment allowed during Contract period. City Attorney Ansbro was directed to prepare a resolution announcing the public hearing for November 13, 2001, to be added as an addendum on the October 23rd meeting and to prepare a contract based on the terms discussed. MINUTES 2 OCTOBER 18, 2001 WORKSHOP MEETING • Discussion followed on scheduling a security meeting in a "Closed Session" format. 4. Adjournment. This meeting adjourned at 6:05 p.m. PAT FLURY MAYOR-COMMISSIONER ATT T: _ " AL(;� RLENE JOH N CITY CLERK APPROVED: November 13, 2001 • MINUTES 3 OCTOBER 18, 2001 WORKSHOP MEETING