TOWN OF DEWEY BEACH MINUTES OF THE OCTOBER 26, 2009 TOWN MEETING 1. Executive Session Litigation/Personnel (1:00 p.m. to 2:30 p.m.) 2. Opening 2:45 p.m. 3. Pledge to the Flag Mayor Solloway led the Pledge. 4. Moment of Silence A moment of silence was observed. 5. Roll Call Commissioners Appelbaum, Seitz, and Przygocki were present; Mayor Solloway was also present. Commissioner Hanson, Town Attorney Mandalas and Town Manager Elliott were not present. 6. Minutes of the October 10, 2009 Town Meeting Commissioner Przygocki made a motion to approve. Commissioner Appelbaum stated some wording in Item e. needed to be changed. Mayor Solloway made a motion to approve; the motion carried with no second motion. Minutes will be brought back to the November meeting. 7. Presentation and Announcements No public announcements. 8. Old Business a. Discuss and Vote Calendar Year and Fiscal Year Employee Bonuses Resolution. (M. Appelbaum) Mayor Solloway explained the Resolution to the forum. Commissioner Appelbaum made a motion to approve and Commissioner Przygocki seconded. Commissioner Przygocki expressed his support of this item and Commissioner Seitz agreed. Mayor Solloway called for a vote; the motion carried 4-0. b. Discuss Bayard Avenue Drainage Project and status of all related Working Group and Committee meetings. (R. Solloway) Pat Wright explained what the Roads Committee is working on now and commented on the discussions of the last Roads Committee Meeting. Mark Allen commented that he feels the project needs more research. Dale Cooke commented on some of the research that Marc had done; he also commented on the time and work this project will require. Commissioner Appelbaum expressed he has a hard time getting his hands on information. Mayor Solloway then appointed himself to the Roads Committee as Co-Chair to work with the Peter Lucas, the Chairman. He said it would then be his personal intention to expand a working group from that Committee and at that working group would then be represented by various resources that can report back to the Roads Commissioner Seitz made a motion to appoint Mayor Solloway to the Roads Committee and Commissioner Przygocki seconded; the motion carried 4-0.
c. Discuss and Possibly Vote On any and all matters pertaining to the advertisement and search for a candidate to fill the Town Manager position to include a Search Committee and any other ancillary matters to provide for an orderly transition. (D. Hanson) Mayor Solloway asked for a motion to establish a Town Manager Search Committee and appoint members to serve on the committee. Commissioner Przgocki made the motion and Commissioner Seitz seconded. Mayor Solloway then read a letter from the Town Attorney, as follows: On September 10, 2004, the Town entered into an Employment Agreement with Gordon Elliott for the position of Town Manager. The agreement had a five-year term; and, consequently, would terminate without action by either party to the Agreement, on September 10, 2009. Although no action by either party to the Agreement is necessary for his natural termination, action in the form of a written Agreement is required under the Agreement if the parties wish to extend the Agreement. Prior to the natural termination of the Agreement on July 27, 2009, the former Mayor and Commissioners voted in a public meeting to authorize a three-month extension of the Agreement, making December 10, 2009 the new date that the Agreement would naturally terminate without action by either party to the Agreement. After the extension was authorized by Town Council, an addendum to the Agreement consistent with Town Council s vote was prepared and executed by the former Mayor and Mr. Elliott. Since the Town Manager s Employment Agreement will soon terminate; and, during the Executive Session appropriately conducted on personnel matters, tasks were assigned to proactively search for the best Town Manager Dewey Beach could attract, whether it be Mr. Elliott or someone else. One such task involved advertising the position and accepting application packages. The Town is currently accepting applications, and is in the process of forming a Town Manager Search Committee to assist Town Council with the selection of the best candidate for the Town Manager position. Dale Cooke asked if a vote was taken at the meeting on July 27, 2009 and was that in public. He also questioned if it was agreed in an Executive Session that a Search Committee would be put together, when that Executive Session took place, and if the Commissioners came out of Executive Session and made a public vote on this. Mayor Solloway advised that the former Mayor and Commissioners did vote in a public meeting on July 27, 2009 to extend the Employment Agreement. Commissioner Seitz advised the Commissioners have no Agreement, Resolution or decision on a Search Committee. He said: In fact, Commissioner Przygocki had proposed this five (5) minutes ago and they are entertaining that motion at this meeting. Dale Cooke stated that at the last meeting Commissioner Hanson stated: You, as Commissioners, came to an agreement to have a Search Committee while in Executive Session and it all went
2 downhill from there. Commissioner Seitz said there was definitely no consensus and definitely no vote; and, in fact, the Commissioners are now in a position to determine whether there is a consensus or a position on this. Dale Cooke then asked if the job has already been advertised. Commissioner Seitz said he placed those advertisements based on the assignments that were given to him as specified in the Attorney s letter and he did it as a point of view of responsibility. He thought the Town had a five-year contract that was being precluded with a favorable process from the Town Manager and a favorable process from the Town. He felt the Town had to have options and also felt the Commissioners were in a much better position to have options because they have applications for the position. Commissioner Seitz then said no decision has been made; the existing Town Manager has applied for the position and will be considered ; and he feels it s a very serious financial responsibility for the Town because a five-year contract at $80,000.00 is basically a $400,000.00 commitment. He said that the Commissioners responsibly developed the Position Description and placed the ads in national newspapers to get a good response for the position. Dale Cooke said someone had to authorize Commissioner Seitz s actions. Commissioner Seitz said he was given the assignment to do these things and he did them. Commissioner Appelbaum said the Commissioners are on ground that is starting to get a little uncomfortable. He further said they usually have an Attorney who represents the Town at meetings but Mr. Mandalas was unable to be there. He said Mr. Cooke was asking questions of a legal nature and the Commissioners are not going to discuss these matters because the Attorney is not present. Mr. Cooke then asked if the Commissioners still tape their Executive Sessions. ` Commissioner Appelbaum responded that he does not believe they are taped. Mr. Cooke asked if the Secretary of the Council does the Minutes of the meetings. The Commissioners gave no answer, so Mr. Cooke concluded there were no Minutes. Commissioner Seitz then commented that Mr. Cooke s conclusion was not accurate. Georgia Lenhart asked Commissioner Seitz who assigned him to engage in the activities. Commissioner Seitz advised he took it on as his own responsibility to advertise for that position. Ms. Lenhart reminded Commissioner Seitz that he stated earlier he engaged in the assignments given to him; and, her question is: Who gave you the assignments? Commissioner Seitz advised he has a lot of assignments that are given to him, including direction on House Bill 50. Ms. Lenhart said she realized that, but her simple question is: Who gave you this assignment? She then commented that if he doesn t want to tell her that s fine. Commissioner Seitz advised he is not interested in answering questions of an interrogation nature ; and, if she has an issue, she needs to write it down and follow a legal process. He then said he will not answer questions willy-nilly from the community. He is very supportive of the process; and, if there is a better way the
3 Commissioners can proceed in the future, the community can send their recommendations to the Commissioners and they will welcome them. Steve Huse advised that one of the problems the community has is that they are not familiar with the difference in a contract for personal services and a salaried employee. When you have a contract for personal services and when that contract is over, you just treat it like any other contract; e.g., like the Beach Concession. He said he thinks this contract is just like the contract for the Beach Concession. Maggie Messenger said she appreciates the position Commissioner Seitz feels he has been put in, but she thinks the issue for her was that at the last meeting one of the Commissioners stated, during an Executive Session, that an agreement was made to form a Search Committee and advertise this position. She said that was not an open meeting where that vote was taken and made public. That s where the concerns from the last meeting arose and left many people in this room very concerned about the process. She also said there never was a time where the Commissioners came out of Executive Session and announced they were going to form a Search Committee and advertise the position. Commissioner Seitz and Mayor Solloway both advised that is the active issue on the floor at this time. David King then asked to move forward as did Jenny Taylor. Commissioner Przygocki read the Resolution and made a motion to appoint Jim Dedes, Betty Laird, Anna Legates, Joy Howell and Ken Lodge to the Search Committee. He further stated that all of these people are property owners in Dewey Beach and have a vested interest in the Town Manager. Commissioner Appelbaum seconded the motion and it carried 4-0. 9. New Business a. Discuss and Possibly Vote On the status of the Chief of Police Employment Agreement. Mayor Solloway read the agenda item as follows: A Resolution of the Town Commissioners of Dewey Beach authorizing the Mayor to sign an Employment Agreement with Samuel D. Mackert, III for Chief of Police. Commissioner Seitz made a motion to approve and Commissioner Przygocki seconded; the motion carried 4-0. b. Discuss and Vote On the status of a maturing CD at Community Bank. (Amended 10/22/09 at 11:30 a.m.) Mayor Solloway advised that the Budget & Finance Committee had met that morning and there were discussions of CD rates not being that great. He said the Town has an Investment Policy that reads that most of the Town s funds can be put into short-term, mid-term and long-term investments. He then stated that said there may be the ability to
move some of the Town s funds according to the Investment Policy. He also said it was 4 recommended by the Budget & Finance Committee that the Town divide the $500,000.00 CD into one (1) three-month CD, one (1) six-month CD, one (1) tax-free Municipal Bond, one (1) taxable Municipal Bond and one (1) to a Municipal Bond Mutual Fund. Mayor Solloway said it was also discussed that there is approximately $950,000.00 in a Beach Fund Money Market that is not earning that much in a Municipal Money Market and the Budget & Finance Committee suggested dividing that money in the same manner. Commissioner Marc Appelbaum made a motion to move the money as recommended by the Budget & Finance Committee and Commissioner Przygocki seconded; the motion carried 4-0. 10. Commissioners Comments: M. Appelbaum No Comments. D. Hanson Not present J. Przygocki Commented on the public s participation; also commented on the Search Committee and the Roads Committee.