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HomeMy WebLinkAbout10132008Specialcnv ~~ SST __ _- ~:, __. - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING MONDAY, OCTOBER 13, 2008 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Human Resources Director, Debra Krueger Airport Director, Joe Griffin Deputy Chief, Michelle Morris Environmental Planner, Margie Reynolds Attorney, Robert A. Ginsburg 4. SPECIAL MEETING ITEMS 08.112 A. Consider Contract with Attorney Robert A. Ginsburg as Interim City Attorney (Interim City Attorney Proposed Contract) Mayor Coy said several people have asked to see the list of attorneys Mr. Wolff mentioned at the last meeting. Mr. Wolff said he did not have the list with him but stated the names Warren Dill and Rene Van de Voorde. Mayor Coy gaveled and gave Mr. Gilliams a first warning. Mayor Coy asked Mr. Wolff if he solicited the names, and Ms. Simchick asked for a point of clarification and recommended we should stick to the agenda item which is the contract. Mayor Coy gaveled and gave Mr. Scozzari a first warning. Mr. Paternoster concurred with Ms. Simchick, Mayor Coy said she thought the public had a right to know. Special City Council Meeting October 13, 2008 Page Two The City Manager said perhaps it would be most appropriate to discuss those types of items under the next agenda item regarding recruitment. Mr. Wolff stated the point was to come to the last meeting prepared in the event the motion carried on the City Attorney, because there was no plan. The City Manager said he had provided an amended contract for legal services between the City of Sebastian and Attorney Robert A. Ginsburg on an interim basis and a draft advertisement (see attached), and briefly described the provisions of the amended agreement and major ongoing issues, i.e. ISBA, comp plan, Fellsmere litigation and the Romeo appeal to the Circuit Court. He guessed the City should need approximately 60 hours of service per month which includes attendance at Council and Planning and Zoning Commission meetings and ten hours per week to provide other legal services. He said he checked on fees, stated there are savings for an in-house staff attorney, noted the newly recommended fee of $200 per hour is exactly in the ballpark, and listed the organizations he checked with regarding the rate. Mayor Coy opened the floor for public input. Joe Scozzari, 1401 Thornhill Lane, Sebastian, said Mr. Ginsburg was hired by Council for Code Enforcement, and recommended Council move him into the City Attorney position, if he was willing, and hire someone new for Code Enforcement. Damian Gilliams, 1623 US 1, Sebastian, FL 32958, thanked the City Manager for keeping the community together, said he had done an excellent job in bringing forth these proposals, was happy to see Council moving forward in bringing in an interim Attorney, citing Mr. Ginsburg's qualifications, integrity and competence. He said we are getting a bargain, hoped Council would allow Mr. Ginsburg to submit an application for the full-time position, was concerned at the last meeting a Council member had....he then decided not to continue and said he hoped the Council member will realize she was wrong and that the former City Attorney would not take the recommended steps. He gave his best wishes to Attorney Ginsburg, and thanked Mr. Wolff, Mrs. Simchick and Mr. Paternoster for taking this bold step. Chuck Lever, Sebastian, said he had sat in on Special Magistrate sessions on several occasions and Mr. Ginsburg is an excellent choice for the position. Attorney Ginsburg expressed his appreciation for being considered, though he would not apply for the full-time position of City Attorney, was willing to help the City as interim and it would be his hope at the conclusion of the interim appointment the City would consider retaining him as Special Magistrate. He said as to the compensation blank line, would request a number there that would not require us to discuss it further, that the number of hours he worked would be all he would charge, and would not charge for additional costs such as travel, etc. He suggested a figure of $36,000 in paragraph IV. The City Manager said $36,000 equates to 60 hours per week and suggested language for payment to Mr. Ginsburg either bi-weekly or monthly in a not to exceed amount of $36,000. Mr. Ginsburg said he currently bills at the end of the month as Special Magistrate and he could do so in this case. He said he will keep a log for reference and certify by his signature. 2 Special City Council Meeting October 13, 2008 Page Three Mr. Neglia asked what he thought of the changes, and Mr. Ginsburg said he would prefer to work strictly at an hourly rate, thought the original number of $75 was flawed because the hourly rate was not all the City paid its attorney, noting there are benefits and holidays, vacation, and sick time and if you provide for that you come up with just about the number now recommended. Ms. Simchick thanked Mr. Ginsburg for considering us, and asked if perhaps he might consider full-time, though if he did not, she would like to consider him being on the selection committee, concurred with the $200 per hour rate and said she looked forward to working with him. Mr. Paternoster said he had interviewed Mr. Ginsburg for the Special Magistrate position, his resume is absolutely outstanding and Council and the City are lucky to have him. Mayor Coy said she had the same honor, and Mr. Ginsburg's resume and recommendations are stellar, but said her concern with the suggested contract, with issues upcoming such as the Fellsmere issue, she did not want to limit the amount to 60 hours per month. The City Manager said if paragraph IV is amended, for transparency, we will execute a PO for $36,000 and as we approach those limits, if needed, staff will come back to Council and request to extend the cap. Mayor Coy reiterated for the public the current estimate of $36,000 is $12,000 per month for three months. The City Manager said the staff contact with Mr. Ginsburg is what will get the meter rolling, and asked for some liberty on how staff works with him, noting he will report back to Council on on-going expenses. Mayor Coy asked how she would be able to contact Mr. Ginsburg, and the City Manager advised however Council works it out with Mr. Ginsburg. Mr. Ginsburg said he has always been available to his councils 24 hours per day, preferred daylight hours but would take Council calls at any time, and said his philosophy is that the important issues of the community should be decided at the dais and not in some distant court. He said if something comes at an awkward hour, it comes at an awkward hour, they will have his phone number and they can call at any hour. Mr. Wolff thanked Mr. Ginsburg for helping out the City, and that he had confidence in the City Manager to handle the budget Council has before it. Mr. Paternoster asked if paragraph IV can read that it may be amended at a future time. The City Manager said it could, but did not feel it necessary to add that language. Mayor Coy said she would rather it say he is compensated at rate of $200 per hour, and not put a limit on the time. Mr. Ginsburg said this would be acceptable to him to leave that number out. City Council members concurred. Special City Council Meeting October 13, 2008 Page Four MOTION by Mr. Paternoster and SECOND by Mr. Neglia to approve the agreement between Mr. Ginsburg and the City of Sebastian for interim attorney with the amendment. The City Manager read the amendment. "Section IV Compensation. The City will compensate Mr. Ginsburg at a rate of $200 per hour, billable by Mr. Ginsburg to the City on a monthly basis". Result of the roll call vote was as follows: AYES: All NAYS: None Passed 5-0 08.112 B. Discuss Recruitment for City Attorney (City Manager Memo The City Manager said he had provided a time line on the recruitment (set out in his memo to Council in the agenda packet), said he would like the opportunity to work with Human Resources, the City Clerk and Mr. Ginsburg to recruit a City Attorney, there is a proposed 90 day schedule laid out in four phases. He said that it is important that Council is happy with the advertisement and they may amend as they see fit, he would like to discuss places where we should advertise, and recommended a minimum 30 day period for advertisement. He asked Council if they wanted to show the proposed salary in the advertisement, asked them to talk about a residency requirement, noted residency is currently required for the charter officers contractually, generally for City Manager residency is important, but there may be attorneys in close proximity you may want to consider. Mayor Coy called for public input. Damian Gilliams, 1623 US 1, thanked the City Manager for well put together procedures, said he was against a head hunting firm, we have capable people on staff such as Human Resources Director, City Manager, maybe someone from Council and someone from the public, or someone from a board who can interview candidates, had faith in City Clerk as being a part of a committee, didn't want politics, put it out to Brevard, Indian River, and St. Lucie counties, not have good old boys stepping back in. He suggested we get an attorney for the public, if someone is not getting a fair deal they can go to someone who advocates for the public, we don't have to spend dollars to fight City Hall. He said Council members were able to access funds for legal services. Mayor Coy gaveled and asked him to stick to topic and said we know exactly where he was going with that. Mr. Gilliams again suggested an attorney for the public, we can say to him maybe you are not looking at things properly and he might want to reconsider, and thought the time could be shorter and it should not take 90 days. Chuck Lever, Sebastian, disagreed with Mr. Gilliams, that it is not up to City to foot the bill for anybody who opposes the City and slap an additional bill on the taxpayers. 4 Special City Council Meeting October 13, 2008 Page Five Joe Scozzari, 1401 Thornhill Lane, said the other City Attorney was backward, and did not take care of the people, asked if this City Attorney was also there for the people, and would represent them without having to compensate him. Mayor Coy said with as much involvement as Mr. Scozzari has had with the law and represented himself. Mr. Scozzari said that was a personal attack and asked her about a girlfriend who pulled a shotgun on a pizza delivery person. Mayor Coy gaveled and said he was out of there. Deputy Chief Morris escorted him out of the Chambers. Cindy Falco, Sebastian, said she trusts the judgment of the Council and the people in charge of selecting a City Attorney that they will choose a person who will take care of both situations. Ms. Simchick asked about the advertisement and what is an equitable salary for the position. Mr. Ginsburg recommended keeping the salary open and not listed in the advertisement, because they don't know who they are going to attract. Ms. Simchick asked if this would keep someone from not applying, and Mr. Ginsburg said it is not uncommon for local government to say that salary is based on qualifications. He said you could list the previous salary but do not have to because it could be a distraction. Ms. Simchick asked for Mr. Ginsburg's suggestion on residency, and Mr. Ginsburg suggested not requiring it, and the best periodical to use is Florida Bar News, not the Journal, and Florida League of Cities. Mr. Neglia asked if we should limit the number of applicants, possibly maybe no residency requirement which he had not given thought to, perhaps someone close by, and said we need to move on to a new Attorney. Mr. Wolff agreed with Mr. Ginsburg with not posting the salary, noting that interested parties will do research on the City, agreed residency is not practical, because it is extremely difficult to sell a home and relocate because of our housing situation, concurred with advertising suggestions from Mr. Ginsburg, and recommended we not extend much beyond that because it is often times ineffective to do so. Mr. Wolff asked what the City Manager meant when he said he would have to push back the date due to the advertisement. The City Manager said ads typically are 30 days out in the marketplace, noting the best form of advertisement is the Florida Bar News, and their next application deadline is October 29, and the ad goes out on November 15 and it is bi-weekly, and now recommended the application deadline be December 5. He said we can get out to Ken Small, FLC, and it on our website and Ch 25 really quick, but Florida Bar News is critical, and we can't get a City Attorney contract approved on December 10 with this schedule. 5 Special City Council Meeting October 13, 2008 Page Six Mr. Wolff asked what he meant by how Council determines how the applicants interact with the community. The City Attorney cited Ocala which had 75 City Manager applicants, the recruiter went through an initial cut to a smaller number, conducted background checks, he advised the committee could narrow the number down, or Council could narrow down and make two cuts, based on the number of applicants it gets. Then you could cut to five and conduct face to face interviews with five, you can have private one-on-one interviews out of the sunshine or the interviews can be done by full council, and you would host a community event and introduce applicants and see their interaction with the public. Mayor Coy explained the process used when Council recruited for the City Manager there were 79 applications, Council whittled them down themselves, and it took six months, that it was tedious and takes time. She said she wouldn't mind if Council decided to do that, but there will be delays and agreed three months is optimistic, and thinks it will take longer if Council wants to see every resume. She agreed the salary needs to be open, with waiving the residency requirement, advertising in the two recommended places, and preferred that the City have a committee to pare down the applicants. The City Manager said every resume is open to public records, and staff can send them out as they come in, and later Council can decide how it wants to whittle down based on the number received, and if you have a committee whittle them down Council will still see all the resumes. Mr. Paternoster agreed with leaving the salary open, and asked Mr. Ginsburg if we should at least list the benefit package. Mr. Ginsburg agreed with listing the basic benefits. Mr. Paternoster discussed the residency issue and asked Mr. Ginsburg if he would be part of the committee, and Mr. Ginsburg said he would if asked to do so. Mr. Paternoster asked for a consensus of Council. Mayor Coy said we haven't decided whether there would be a committee yet. Mr. Wolff agreed we haven't decided on a committee, that there are early stages and late stages for a committee. Mr. Paternoster said the committee would be to assist with initial setup and giving applications a perusal. MOTION by Mr. Paternoster and SECOND by Ms. Simchick that Mr. Minner, Mrs. Krueger, Mr. Ginsburg and if Mrs. Maio would like to be a part of that I would make that motion that that would be the committee for the process of obtaining a new City Attorney. Voice Vote on the motion carried 5-0. Mayor Coy said we need a motion on salary range, residency and advertising. Ms. Simchick said we already decided those issues. 6 Special City Council Meeting October 13, 2008 Page Seven Mayor Coy said she wrote down open salary, no residency requirement and advertisement in FL Bar News and FLC. Mr. Wolff said if there are 75 applicants we could say please submit resume and expected salary required, and if for instance someone submits a request for $250,000 this will allow for whittling down. The City Manager recommended staff send out resumes to Council when they come in, the committee will review and collate into three categories, nos, maybes and yeses; and for initial screenings, we can wrap up those questions, then begin telephone interviews, and that we can work toward a timeframe of 30 to 60 days from December 5 application deadline for an Attorney start date. Mr. Neglia asked if we should we limit number of applicants, and Mr. Ginsburg said there should be no limit on the number, that this is very unusual timeframe, and legal firms are in financial situations whereby they may be searching. Mr. Paternoster asked if basic criteria that is incorporated in the ad will be used as recommended, and the City Manager said it would with incorporation of issues discussed tonight. The City Manager said he will update the memo with a timeframe, take liberties on how the process flows, Council can contact him with what they like and don't like, and that he senses an urgency to go as fast as possible and between the four committee members we will have a good process. 08.113 C. Authorize City Manager to Execute Florida Fish and Wildlife Conservation 113-136 Commission Grant Agreement for Main Street Launching Facility Project in the Amount of $425,291 (City Manager Transmittal, Letter, Grant Agreement) The City Manager said this is the second grant agreement for the Indian River Drive/Main Street project. Mr. Paternoster asked if Mr. Ginsburg had an opportunity to review the agreement, and Mr. Ginsburg said he did look at it and if they would give him a few minutes. He recommended we take a recess and Mayor Coy said we can open up to the public. Mayor Coy called for public input. Mr. Gilliams said it is not fair for the City Attorney to review a ten page grant agreement and it is irresponsible on this Council to expect it, and he needs to have time to make a few phone calls if necessary. He recommended as a taxpayer this be put off and put on the next agenda. He reminded Council that there are 600 signatures on a petition and perhaps you can put this off until after the election to see what people really want to do. Cindy Falco concurred with Damian Gilliams and said she would appreciate Council hearing the voice of the people. Chuck Lever said he concurred with the two speakers, and said Mr. Ginsburg should have time to review the contract. 7 Special City Council Meeting October 13, 2008 Page Eight Richard Gillmor, 744 Kroegel Avenue, Sebastian, said here we go again with delay, noted the majority of Council voted for this project and Council has to move forward with a majority, that this is not just a parking lot but will be a nice centerpiece for Sebastian and the project should not go away but move forward. Lisanne Monier, Riverfront District, Sebastian, said Mr. Gilliams, Ms. Falco, and Mr. Lever are not attorneys, that Mr. Ginsburg has experience to review a grant agreement, which is a gift to the City. Mr. Ginsburg said he needed no more than ten minutes for review. Mayor Coy called recess at 7:21 p.m. and reconvened the Special Meeting at 7:38 p.m. All members were present. Mr. Ginsburg said he could approve the contract as to form and legal sufficiency. Mayor Coy said this is a grant for $425,000 to be added to the previous grant for the Main Street improvement project, and the Attorney has found the grant to be legally sufficient. MOTION by Ms. Simchick and SECOND by Mr. Neglia to authorize the City Manager to execute the grant agreement between the Florida Fish and Wildlife Conservation Commission and the City of Sebastian in the amount of $425,291 for the Main Street Launching Facility Project. Mr. Paternoster asked Mr. Ginsburg (citing circle page 119), wanted to know if we accept the agreement, there is a twenty year dedication for public use, will everything be locked up for twenty years. Mr. Ginsburg said yes. Mr. Paternoster asked if we have to put up the money and then request reimbursement and are there sufficient funds for this. The City Manager said yes and right now the cash flow is good. Mr. Wolff said he is on the record being opposed to the parking lot project, primarily because of the expense, so one would think he would want to approve the grant, but his problem is on (circle 127) it is stated the purpose of the grant is for additional boat trailer parking, and he has not seen additional boat trailer parking so it would not be appropriate for his own ethic standard to approve this grant. Mr. Neglia asked how many spaces there are on the west side now, and the City Manager said in referencing the introduction there are 28, and currently on a given day there are 20 - 25 spaces, and though the increase is not significant, it will be better organized, and we have not misled. Mr. Neglia said this is not a parking lot project, it is an enhancement to Indian River Drive. Mr. Paternoster disagreed, and said it states in the grant that it is Sebastian Main Street launching facility. Mr. Paternoster said in essence we are increasing our spaces by three fora $2 million project. He said the ramp needs repair and this money in no way touches that ramp. Special City Council Meeting October 13, 2008 Page Nine The City Manager said no the plan does not currently include the ramp, but we can add that later. Mr. Neglia said he uses the ramp and doesn't see anything wrong with it. The City Manager said the funding is coming from four different sources, from his perspective this is a win-win situation, staff followed all the rules and helped the City. Mr. Neglia called for the question. Result of the roll call was as follows: AYES: Simchick, Coy, Neglia NAYS: Paternoster, Wolff Passed 3-2 5. Being no further business, Mayor Coy adjourned the Special Meeting at 7:53 p.m. Approve t the October 2 008 Regular City Council Meeting. Andrea Coy, Mayor ATT T.' Sally A. Maio MC -City Clerk 9 :..1'z' ~'~~ ~ ~; ~ ~ ~ ~~ r ~~ -~'~ '~~ ~ ~~~ --_~J _ _ ~~ __.,.~ ,~.' I~~~~~ ~ ~'.l,I~.,'~.~t~ CITY ATTORNEY Salary Range: DOQ The City of Sebastian, a scenic waterfront community, is located in the "Treasure Coast" region of Florida in Indian River County, approximately midway between Melbourne and Vero Beach. Sebastian boasts its beautiful parks, public schools and hometown atmosphere. Sebastian is a progressive community, with growth as a major issue, and has current population of approximately 22,000. The position of City Attorney is established by the Charter of the City of Sebastian and represents the City Council in all legal matters. The City Attorney is appointed by, reports to, and serves at the pleasure of the five members of the City Council. The City Attorney attends all City Council and other advisory board meetings and renders legal assistance, opinions and advice as to the operations of the City. Supervises and participates in the conducting of legal affairs of the City Council including contract negotiations and administrative review. Prepares proposed legislation, contracts, and resolutions and ordinances and makes recommendations with regard to amendment, revision and repeal of existing laws. Prepares or reviews documents of legal significance before submission to the City Council for action, including each agreement, contract, lease, deed, bond, ordinance, resolution, regulation, rule or policy. Provides written and oral legal opinions, interpretations and advice to the City Council, administration, boards and departments. The City of Sebastian is seeking afull-time City Attorney, who graduated from an accredited law school, with 5 years experience as a practicing attorney, preferably with Florida municipal law and concentrations in land use practices. The candidate must be a member of the Florida Bar in good standing. The selected candidate must be licensed by the State of Florida and is required to reside in the City within six months of hiring. Resumes from interested candidates must be received no later than 12:00 noon, subject to public disclosure pursuant to Florida's Public Records Law. and are Submit resume to: Debra Krueger, Human Resources Director, City of Sebastian, 1225 Main Street, Sebastian, Florida, 32958, or email to dkrueger(a~cityofsebastian.org. The City of Sebastian is an Equal Opportunity Employer/Drug Free Workplace with a commitment to Affirmative Action. Position Title: City Attorney Job Code Number: Department: City Attorney Pay Grade: Date: 10/13/2008 Union: Exempt CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: CITY ATTORNEY -DRAFT GENERAL DESCRIPTION OF DUTIES Under the administrative direction of the City Council performs skilled administrative work serving as the chief legal officer for the City Council, City Management and City departments. The City Attorney supervises the staff of the Legal Department. SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL FUNCTIONS Plans, directs and supervises the activities of the professional and clerical support staff of the Legal Department. Represents the City Council in legal matters including the bringing and defending of lawsuits and zoning matters. Attends City Council meetings and renders legal assistance, opinions and advice as requested. Supervises and participates in the conducting of legal affairs of the City Council including contract negotiations and administrative review. Prepares proposed legislation; contracts and resolutions and makes recommendations with regard to amendment, revision and repeal of existing laws. Prepares or reviews documents of legal significance before submission to the City Council for Board action, including each agreement, contract, lease, deed, bond, ordinance, resolution, regulation, rule or policy. Provides written and oral legal opinions, interpretations and advice to the City Council, administration, boards and departments. Drafts and presents legislative bills to delegations for consideration. Performs related work as required. Note: The listed duties are illustrative only and are not intended to describe each and every function which may be performed in the job class. The omission of specific statements does not preclude management from assigning specific duties not listed herein if such duties are a logical assignment to the position. REQUIREMENTS: MINIMUM TRAINING AND EXPERIENCE Graduation from an accredited law school with a law degree PLUS five (5) years of experience as a practicing attorney preferably with Florida municipal law, and concentrations in land use practices and labor laws. The candidate must be a member of the Florida Bar in good standing. SPECIAL REQUIREMENTS: Must be licensed by the State of Florida and a member of the Florida Bar, and is required to reside in the City of Sebastian within 6 months of hiring. Must obtain a valid Florida operator's license prior to employment. P Position Title: City Attorney Job Code Number: Department: City Attorney Pay Grade: Date: 10/13/2008 Union: Exempt CITY OF SEBASTIAN CLASSIFICATION DESCRIPTION POSITION TITLE: CITY ATTORNEY -DRAFT PERFORMANCE INDICATORS Knowledge of Job: Has thorough knowledge of the principles, practices, and standards methods associated with the thorough knowledge of the statutory and constitutional laws of Florida affecting City government. Thorough knowledge of judicial procedure and the method and practice of pleading and of effective techniques in presentation of cases. Thorough knowledge of modern principles of organization and management. Thorough knowledge of principles, methods and materials of legal research. Ability to draft legal instruments, propose legislation and related ordinances, resolutions and policies. Ability to analyze, appraise and organize facts, evidence and precedents. Ability to communicate effectively, both orally and in writing. Ability to establish and maintain effective working relationships with City officials, other employees and the public. Ability to conduct research on legal problems and prepare sound legal opinions. Ability to prepare and try complex law suits before Federal, State and County Courts. Supervisory ability. Note: The knowledge, skills and abilities identified in this class specification represent those needed to perform the duties of this class. Additional knowledge, skills and abilities may be applicable for individual positions. Quality of Work: Maintains high standards of accuracy in exercising duties and responsibilities. Exercises immediate remedial action to correct any quality deficiencies that occur in areas of responsibility. Maintains high quality communication and interacts with all departments and divisions, coworkers and the general public. PHYSICAL REQUIREMENTS: This is mainly sedentary work. Revised effective 10/13/08