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12-17-2007 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 17, 2007 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:15 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilwoman Gigi Bennington Councilwoman Harriet Rhodes Councilman Ted Cooper City Manager Jon Williams City Clerk Susan Wadsworth City Attorney Carolyn Ansay Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Thomas asked everyone to remember Earl Copeland, who was the City's Public Works Director in the 1980's, who passed away and to keep him in their prayers. 2. APPROVAL OF MINUTES A. Special Meeting of September 10, 2007 Councilwoman Rhodes moved to approve the September 10, 2007 Special Meeting minutes, second by Councilwoman Rogers. The MOTION CARRIED 5-0. B. Regular Meeting of September 24, 2007 Councilwoman Rogers moved to approve the September 24, 2007 Regular Meeting minutes, second by Councilwoman Bennington. Page 1 of 34 Council Regular Meeting December 17, 2007 The MOTION CARRIED 5 - 0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/nON ATIONS There were no Presentations at this time. Mayor Thomas stated he had been made aware that this was Department of Environmental Services Director Terry Wadsworth and City Clerk Susan Wadsworth's last official meeting. He asked Terry to stand up. He asked them how long they had been here. Terry informed him 31 years. Susan informed him 36 years. Mayor Thomas felt they owed them a standing round of applause. Mayor Thomas stated it overwhelms him how many years they have put in. Terry knows where every manhole, water line, and sewer line is in this City. His experience is going to be sadly missed. When he came on as Mayor she adopted him. She was like his mother. She taught him right from wrong. He appreciated their help and dedication to the City. He stated thank you very much. City Clerk Wadsworth thanked everyone from the City of Edgewater for having her here this long. Councilwoman Bennington informed her she would be missed. Councilwoman Rhodes stated yes she will. 4. CITIZEN COMMENTS The following citizens spoke: Jeff Candage, 20-year veteran now retired from the Daytona Beach Police Department. He currently works for the international brotherhood of Teamsters Local 385. He stated recently they were elected by the members of the Edgewater Police Department to provide them with representation. As an advocate for the officers he was there to say all is not well at the Edgewater Police Department. The department is hemorrhaging personnel so quickly and so badly that in early 2008 there may be an overall reduction in staffing level of nearly 50%. There is a cost to this exodus of employees. A reasonable person would deduce there would be a reduction in levels of service as well as officer safety concerns due to radically reduced staffing levels. For those officers who remain morale is very poor. These officers are displaying Page 2 of 34 Council Regular Meeting December 17, 2007 extraordinary dedication and commitment to the department and the citizens of Edgewater. In an effort to identify and address the causal factors for the negative issues currently affecting the Edgewater Police Department, the bargaining unit members met for the purpose of conducting a confidence vote for City Manager Jon Williams and Police Chief John Taves. The resulting vote was an overwhelming emphatic no confidence in both Mr. Williams and Chief Taves. They submit this message to Council because they are heavily invested in this community and this department and together they hope to restore the pride and professionalism in this agency and continue providing the highest level of law enforcement services to a community that richly deserves it. They would all welcome a neutral third party assessment of the workings of the Edgewater Police Department. Jim Sylvester, 2209 Orange Tree Drive, stated he missed a meeting ~wo weeks ago and he was very sorry he did that. Tonight he came in and some of the things he wanted to discuss have already been printed out by Mr. Cooper. Twenty-one issues, concerns and lost time. A lot of these issues reflect things he has been concerned about for the past couple of years. He was glad to see someone on the Council was taking notice of this. As he came into the end of the workshop he noticed they were speaking of open discussion and being open to disagree. He was disappointed in the Council for the Resolution they adopted at the last meeting pertaining to the fire tax. A fire tax in the context that they adopted it is a backdoor tax. What they did is they allow them to have a special fire district without any constraints on the millage rate. There was nothing in the wordage that they used to adopt this Resolution that ensures them, the taxpayers, that there will be an equal reduction in the millage rate for the increase created by the fire tax. He thinks that was totally irresponsible of each of the Council that voted for it. He knew one didn't. Councilwoman Rogers confirmed he was right, that she didn't vote for it. She was the only one. Mr. Sylvester stated that is his big concern. He hated that he missed that meting because he would have spoken about it. He didn't know that he would have convinced anybody any different but he understood they had to adopt it before January 1st. He felt they could have put limitations on it. Page 3 of 34 Council Regular Meeting December 17, 2007 Councilwoman Rhodes stated they didn't adopt a fire tax. They gave themselves the option that in the future if they need to they can. It may never happen. Tim Ball, 2326 Sabal Palm Drive, retired Edgewater police officer, stated the past 21 years certainly seem to have passed quickly. Up until the last two years it had been a pleasure and a privilege to serve the citizens of Edgewater as a police officer. On November 14th he retired fortunately because he could unlike his other colleagues who could not retire. As many as twelve others are slowly but surely leaving the department for the same reasons he did. Working for the City has become more of a hostile environment than it has when it used to be a pleasure. It is of these conditions as well as other problems with the City Manager's office, which also condones and supports John Taves actions, which have caused officers to become disenchanted and are leaving the City as fast as they can retire or become employed elsewhere. There are several reasons for many of them who have chosen to leave the employment of Edgewater but one reason is because of the current Chief. For the last two years officers have had to work under deplorable conditions and a hostile working environment. Many of them have had to walk on egg shells throughout the Police station as many are afraid to become the next target. He feels John Taves is a self centered person who if he has any thought that you do not like him or are not loyal to him, then you will become the next target. Chief Taves has become famous for his retributions towards members of the department, especially towards those that he does not favor. The hostile environment has now taken a new level of allegations of sexual harassment and/or overly flirtatious behavior toward the female gender. Certain female officers and support personnel are given preferential treatment and recognized for work done they have done no different than others. A little over two years ago the Mayor didn't like the former Police Chief Mike Ignasiak as he had been called as an outsider. Ignasiak was hired by the Police Chief as a Police Chief six years prior with an offer to one of their members to be Chief but the offer was turned down, the opportunity to promote from within was he thought and it was directed to the Jon Williams as the Interim City Manager at the time to conduct an informal investigation of Chief Ignasiak and the Police Department in an effort to remove Ignasiak. Many of them called the effort a Spanish inquisition as the allegations were baseless lies and the effort to simply get Page 4 of 34 Council Regular Meeting December 17, 2007 rid of what many citizens and Police Officers consider Ignasiak the best Police Chief they could have ever asked for. He asked the Mayor and City Council to conduct the same investigation to focus on John Taves. This investigation would actually have a legitimate credence to the allegations of a hostile work environment. Taves was given a vote, which proves the vast majority, with the exception of two of the members of the Police Department have absolutely no confidence in the job he is doing. It was a shame when City politics wanted to rid a good Chief like Mike Ignasiak but then to settle for John Taves who was not qualified to lead the Police Department with an Associate Degree and an ego man who reversed all the good which Ignasiak had brought to the Police Department, including their good name. Mike Hayes, POBox 724, Edgewater, President and speaking as the President of the Edgewater Professional Firefighters, stated by no means was he speaking as a Lieutenant for the City of Edgewater. The Edgewater Professional Firefighters IAFF Local 4575 has come to the resolution that they as a union collectively lack confidence and trust in the leadership and management of Jon Williams, the City Manager. This resolution was arrived at via unanimous vote of all union members, the firefighters. They would like to stress that this vote of no confidence is not a bargaining polly and it is with great regret that they find themselves having to take such a strong stance against Jon williams. It was only after a meeting with the City Manager an effort to establish a professional working relationship that the Edgewater Professional Firefighters Local was born. During that first meeting it was readily apparent that Mr. Williams was going to be heavily handed and a dictatorial Manager and that stance has continued since. Upon forming their IAFF Local they perceive Mr. Williams attitude as dismissive and casual disdainful. Their union has witnessed this attitude evolve into one of perceived hostility and retaliation. Their union has observed employees and department heads attempting to work within the confines of his orders while trying to provide suggestions and solutions to the City needs. Perhaps the most damaging item to the department's morale is the perception that Mr. Williams has actively sought to discredit the Fire Chief and diminish their lifelong service to this community. Their members have not taken this issue lightly. As unions members dedicated to community they serve, they can no longer dismiss their Page 5 of 34 Council Regular Meeting December 17, 2007 perceptions that Mr. Williams will continue to erode morale while belittling the leadership provided by seasoned employees and department heads. This is not an issue that can be resolved by conversation or workshops. They expect that all further actions taken by Mr. Williams to be unchanged by their comments. They expect this letter may bring retaliation and accusations of inappropriate behavior but this issue is tireless and cannot be further ignored. As Edgewater City Councilmembers, they are fully aware of the magnitude of this problem and he asked that they immediately address this issue. Dominic Capri a , 606 Topside Circle, stated he wanted to speak about the vote on the ad valorem tax. He thinks it was premature to vote on it. It was stated by a City Councilmember that they had to do it by January 1st. He felt this was not true. They could have applied for an extension and moved to March 1st, which would give them more time to study the issue. He felt they were putting the cart before the horse. They are still waiting for a decision from the Attorney General. If he makes a decision and the decision could be that what they did was illegal and maybe it will not be but they are waiting for that decision. Pat Card, 3019 Willow Oak Drive, informed City Clerk Wadsworth she was the first person he had an opportunity to deal with in City government. He found her confident then. He was brand new to the City. He has found her competent every time he has had an opportunity to work with her. He thinks very highly of her and he wanted her to know that. He thanked her again for all her public service. 5. CITY COUNCIL REPORTS Councilwoman Bennington stated she had a list that she wanted to go over but in lieu of what they just heard from the Fire Department and Police Department, she thinks they need to address this issue. She feels they have a serious problem. It was alluded to a little bit earlier. Jon Williams brought up the point that people have gone to him with rumors. She went to him and asked him to investigate based on information she had from at least a dozen officers. It didn't get her anywhere. They really have a serious problem. She would like to know how the Council feels about what they just heard. Page 6 of 34 Council Regular Meeting December 17,2007 Mayor Thomas stated they were under her report and if she wanted to she could bring up a motion later on and they could discuss it. Councilwoman Bennington asked Mayor Thomas where he wanted her to bring it up. People in the audience felt they should discuss it now. Mayor Thomas stated they weren't going to now. They would find time to discuss it. He suggested they go through Council reports first and do it at the end of Council reports. Councilwoman Rhodes stated she would like to discuss it as well. Whenever they want to do it, they can do it. Councilwoman Rhodes stated it is time the rumors stop. She feels they should get it all straight one way or another and find a solution and deal with this hear and now and get it over with. She then wished everyone a happy holiday. Councilman Cooper agreed they are going to deal with it at the proper time and that there was no better time than the present. Councilman Cooper commented on a community toy run he attended, co-sponsored by the Fire Department and American Legion Post 285. They raised over $1,500 in cash donations and many unwrapped gifts that go to kids in Edgewater. This stays in Edgewater and it was a nice thing that they did. Councilman Cooper commented on attending a property tax information session co-sponsored by Dorothy Hukill's office at the Brannon Center in New Smyrna Beach. The featured speaker was Volusia County Property Appraiser Morgan Gilreath speaker. The major topic was the proposed constitutional amendment to be voted on January 29,2008. He finds this at best a band-aid on a problem the government created. The citizens need to look at what this is about and how it affects their situation. They need to tell the State officials this is not considered their best work and more needs to be done. He commented on the important points that were discussed such as portability, the Save Our Homes program, tangible personal property exemption tax, assessed growth limitation of 10%, an additional homestead exemption of $25,000 but not applied to school taxes. It is really only an exemption of $12,500. To make better sense of this constitutional Page 7 of 34 Council Regular Meeting December 17, 2007 amendment and how it affects everyone, the County has created a worksheet calculator on their website. He suggested everyone look it up and perform their own property values and taxes to see the real affects. It is under volusiacounty.org\property. Put in your own taxes and property value and see how it works for you. He feels they will see where they are putting the band aid on it. Councilman Cooper commented on the all day free lecture he attended last Saturday that was put on by the Volusia Council of Governments. The seminar was presented for newly elected officials. He is trying to get up to speed on everything there is to do and to make sure he follows the rules. It was presented by Mary J. Swiderski, the Executive Director of the Volusia League of Cities. Port Orange City Manager Ken Parker and the VCMPO Executive Director Karl Weissenbaugh were there. Many topics and committees were covered and it was a chance to get a better understanding of the operation within the Sunshine and still manage to accomplish things for our cities. Most importantly it was a time to cultivate and build friendships with other City officials from our neighboring cities. Many discussions of parallel problems that they all face in each of their very different cities. He requested the City approve the printing of some business cards. He recently found out they are in the works and that City Clerk Wadsworth was getting them for him. He was asked for a card at the meeting and he had to write his information on a piece of paper. Councilman Cooper then commented on attending the Christmas parade. It was a great effort by all. He would like to see them expand it. He is after Jack every year about that and usually he gets to drive one of the trucks but this year they made him sit in a convertible and throw candy. He felt it was one of our best as always. He was personally invited to go to the Oak Hill parade, which was why he wasn't at the parade in Sanford. The Fire Department transported him down there on the tanker. Mayor Thomas asked him down there and he wasn't there. Councilwoman Rhodes stated he was killing deer. Councilman Cooper thanked Councilwoman Rhodes for standing in from him at the Wreaths Across America. Councilwoman Rhodes stated she thought she was standing in for Mayor Thomas. Page 8 of 34 Council Regular Meeting December 17, 2007 Councilman Cooper stated he would like to introduce and wanted to bring forward a movement from himself. It involves approaching our community that will offer information and hear the concerns that the man on the street has experienced. He asked the citizens to be understanding of the time constraints he would be up against. He wants to be around in every development in the City by the end of the month. He commented on little development groups that were established in Port Orange. There is a Homeowners group within each development. From there they can get better feedback and have a better understanding with our citizens. He was asking Council to join him in his quest if they are interested. Councilman Cooper had an issue he wanted to get on the agenda. He has asked for many things to be on put on the agenda. He realized it has been very busy at City Hall as they can tell from the issues brought forward today. He needed to get these things forward because he is concerned about generating revenue. During the last 45 days he has met with the City Manager on multiple occasions and the Paralegal and sat in on committees the public is allowed to attend, and have provided information as to areas of correction, revenue and forward thinking for the City. His complaint is nothing has been implemented or information collected, nothing gathered, not even feedback as to why there has been no progress. He knows things will work slower here than he is used to. He is used to making the changes and doing it now. He knows this is not how it will happen here. He will not tolerate complacency or just leave it alone and he will go away. He wanted to make some formal requests to have the following programs initiated and the proper departments called in for meetings and workshops to give evidence how and why these programs can or cannot be adopted by the City. He prepared 50 copies that people could pick up at the back of the meeting room. He informed City Manager Williams he wants things at the meetings they had brought and approve why he can and can't do them. Mayor Thomas stated last Tuesday he met with Jack Hayman, his County Manager, Bob Williams from the hospital, the New Smyrna Beach Mayor and her Manager, the Port Orange Mayor and his manager and he and Jon Williams. They discussed the problems that exist in Southeast Volusia. They had a lot of good discussions and it is a good learning issue. Last Wednesday he attended his first WAV meeting. He is Page 9 of 34 Council Regular Meeting December 17, 2007 learning on that. He feels that is a very important issue on water conservation. They will talk more about that in the future. Today he went to the meeting of the Mayors in Daytona that was hosted by Frank Bruno, who tries to get the Mayors from the 16 cities together. They also talk about problems. They don't agree on everything but they let everybody know what going on in our City and they have a good discussion. Thirteen of the sixteen cities were represented there. Volusia County is light years ahead of so many counties. He commented on being a member of VCOG and every city being represented at the table and they discuss the issues. He commented on the Smart Growth Committee where they preserve 285 acres of greenery with wildlife corridors and conservation corridors and wetlands. Mrs. Rawlins was amazed at how they get together and discuss things. None of other counties do this. He is very proud to be a Volusia County resident and an active part in this. We are far ahead of the other counties with our future. Councilwoman Rogers wished everyone a Merry Christmas. She commended the Fire Department in their efforts. Recently in the newspaper she understood they have gathered lists of items that children in the area from needy families, things they would desire to have for Christmas. She applauded their efforts. She applauded the fact that they are working closely with the families. She didn't know if the City gives any funds to that. City Manager Williams informed her no. Councilwoman Rogers asked if that is something she can make a motion to do tonight so maybe they could give some funds to the Fire Department or to whoever is dealing with that so they could go out and buy the additional bikes these youngsters need and at the same time some toys. She would be interested to help support that. She would like to let that be known to the public and maybe again in the newspaper to let the people know there is a need out there and go through the Fire Department because they are accountable with these funds and they are doing it properly. She stated thank you and Merry Christmas. Mayor Thomas stated he was approached by Frank Bruno today about the van for the purchase for the Disabled American Veterans. All cities have done their part except Edgewater, Oak Hill and Deland. Our part is $1,032. He knew they would have to put this on the agenda but he wanted to make Council aware. Whether they vote or not. Everybody wants some of our money. Everybody is doing Page 10 of34 Council Regular Meeting December 17, 2007 their part. Daytona Beach paid $3,000. Deltona paid $4,000. Holly Hill pays $600 and our share is $1,032. It is for the van that takes the Disabled American Veterans. City Manager Williams stated that does not require an agenda item if that is a motion that is wanting to be made here tonight. Mayor Thomas stated they would do it later on. Councilwoman Bennington suggested they do it now. Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to approve the Mayor's suggestion that they contribute $1,032 to the van for the Disabled American Veterans, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . Councilwoman Rogers asked if she could make a motion to donate some funds to the Fire Department for the effort of buying toys for the needy children in the area. Councilwoman Rhodes thought they were finished. Councilwoman Rogers stated the newspaper was indicating there is a shortfall. Councilwoman Rhodes asked Fire Chief Barlow if they are still accepting donations. Fire Chief Barlow stated the newspaper has been gracious in putting the articles out there. He stated Peggy Cousins, the Coordinator, was there and they could safely say they had met their goal and was able to service this year. He also presented accolades to Gifts of Love, who they partner with. Councilman Cooper asked if they put Christmas dinners out too. Ms. Cousins stated they don't but any food they gather they give to the Gifts of Love. They just took a trailer load of food to Oak Hill to the Baptist Church that is giving out for the needy down there as well as in the County. The Association partnered with Oak Hill to give food. She talked to Tracey on Sunday and she thought every quarter they were going to ask for a food drive for the gift for our community. Councilman Cooper felt they should be commended for what they do. Page 11 of 34 Council Regular Meeting December 17, 2007 Councilwoman Bennington stated as she mentioned before the fact that they have two departments per their unions addressing them with problems and they are not perceived problems. They have named the problems. She thinks they would be derelict in their duties to not address them. They have been told that this place is running rampid with rumors. No names or faces can be put on them. They have a room full of people that are putting their names and faces behind the so-called rumors. She has gone to the City Manager about the Police Department. He made an attempt, a very feeble attempt. He wanted names of people that told her this stuff. She was not about to give him names when she has a dozen officers in a department telling her basically the same thing. She would like to know how the Council feels about this. She feels this problem has to be addressed and resolved. The morale of our employees is at an all time low. She has lived in this City and been involved in this government for over 30 years and she has never seen this happen. She has never seen officers leave in the numbers they are leaving now. There is a reason behind this and it is not rumors. Councilman Cooper asked if he could open this up on a give and take with individual people in audience. He would like to ask a few questions if he may. He stated that Mike Hayes stated that they took a unanimous vote of no confidence. He asked how many people were involved. Mr. Hayes stated they have 25 union members. Councilman Cooper stated Mr. Hayes made some statements and Councilman Cooper was hoping he had some wiggle room but it sounded like he was making an ultimatum. He asked him if he was saying there is no room for discussion and that they are asking for dismissal of City Manager. Mr. Hayes informed him yes. Councilman Cooper asked if that was the same from the Police union. Mr. Hayes informed him yes. Councilman Cooper questioned there being no middle ground. Mr. Candage stated it was an awkward situation for him because he doesn't have a personal relationship with the City Manager or the Police Chief. Coming in not having any investment in either of two gentlemen, he didn't have an ax to grind. Being a Union business agent is a lot like being a good cop. It's about conflict resolution and problem solving. The members would not even entertain that. If they are going to call this a marriage, it is irretrievably broken. Page 12 of34 Council Regular Meeting December 17, 2007 Councilman Cooper stated he and Councilwoman Bennington are new to the Council. They heard a lot of the conversation during their campaigning. Councilwoman Bennington informed Councilman Cooper not to speak for her. Councilman Cooper stated he didn't. He didn't believe it was quite to this degree. In the same token what he would like to do and he would leave it up to the people that voted this no confidence, he would like to call an emergency meeting within two days to bring it to the public to discuss the ramifications. This brings forward many things that can hurt the City such as financially and legally. He wants to hear the complaints and he wants it to be in a forum that they can bring it out and not have to hold back and not think anybody is going to hold it over your head in the future. Mr. Candage stated that is a legitimate and real concern for his members. There have been people retaliated against. Councilman Cooper stated they just approved minutes where Council appraised the City Manager. Now he is being asked to relieve him of duties. He would like more feedback from the people involved. Mr. Candage felt that was a responsible thing to do. Councilman Cooper wants all the department heads and union reps at that meeting and of course open to the public, a session to discuss just this topic only. If that will move them forward he would like to do it as early as Wednesday. Councilwoman Rhodes didn't have problem with that. She feels that is needed and should have been done a long time ago. What she is hearing from him is that no matter what they do or say in a meeting, it's not going to change the way they feel. There was applause from the audience. Councilwoman Rhodes asked Mr. Candage's opinion. Mr. Candage believed they spoke volumes with the applause. Councilwoman Rhodes stated they are all entitled to feel however they feel about Jon and Chief Taves. Unfortunately this Council cannot interfere with Chief Taves. They can only address the issues with Jon. She didn't think anyone would want to be sitting where Jon is right now. She knows that several of them have called her and expressed concerns. She has listened to them and she has even gone to Jon with them and discussed them, trying to get things to change. Would they be willing to put their job on the Page 13 of34 Council Regular Meeting December 17, 2007 line and say I'm not even going to try to make a difference. I'm not even going to try to change conditions that are causing him heartburn. Is there not any way that they can talk as professionals and come to an agreement and maybe that agreement is that Jon goes. She doesn't know. She saw Mr. Hayes shaking his head no. Mr. Hayes stated he just put his job on the line. Councilman Cooper stated he didn't believe any of them had put their job on line. He would fight for that like there is no tomorrow because he doesn't believe in that. He feels they have valid concerns. What he is really concerned about is the Council may not know all of them. Jon himself may not know all of them. He wants the opportunity to hear it all. If they are going to ask Council at Christmas time to make a firing decision, he wants to make sure they are doing the right thing. He feels they owe the Council that much. He does not expect anybody to pull any punches. This is their City too. If ultimately that is what they want and they have to do that because it can't be rectified, then Council will act accordingly. Right now he feels they need to find the information out and be totally away of what they are about to do. He wanted to talk to City Attorney Ansay about this as well. Councilwoman Bennington stated according to the City Manager's contract, they don't have to have any reason other than thank you very much, we appreciate the job you have done. Councilwoman Rhodes confirmed that was true. Councilman Cooper agreed. Councilwoman Rhodes stated but by the same token is that the way you would want to be treated. Councilman Cooper asked if it was the ethical thing to do. Councilwoman Bennington stated if it wasn't he wouldn't have agreed and signed the contract. Councilman Cooper didn't see in the minutes they just approved where they approved a contract, they just approved the 3% raise. That is one of the issues he wanted to bring up with City Attorney Ansay. He wants them to have all the facts before a decision is made just like that. That is what he is asking for. He would like to make a motion. Councilwoman Rogers stated she hasn't even had a chance to breathe. Page 14 of34 Council Regular Meeting December 17, 2007 Councilwoman Rhodes stated Jon does what they tell him to do. City Manager Williams stated that is exactly right. Councilwoman Rhodes stated ultimately the buck stops with the Council. Ultimately they are the responsible ones. Councilwoman Bennington stated when the Mayor, Debra and Judith, at the last election, within six or eight months, Mr. Hooper resigned. We had a new Chief. She didn't come into this. Councilwoman Rhodes stated they could do like it was done that time. They can also make Jon's life so miserable that he resigns too. Councilwoman Bennington stated she didn't want to do that to him. Councilwoman Rhodes stated if they are going to be on table, let's be on the table. Councilwoman Bennington stated she does not want to make the man's life miserable. If they are going to do it she wants to do it. If they aren't going to do it, then they aren't going to do it. Mayor Thomas stated he wanted to hear Councilwoman Rogers and then he wanted to say something. Councilwoman Rogers stated she heard Councilman Cooper make mention of the three percent that was approved in the minutes. In the budget when they did the budget they were looking at the budget and giving the employees a 3% raise across board because of the cost of living index. Her issue had to do with something directly in Charter. The Charter, the hard copy they have, sits at her desk and she studies it. Her problem has to do with an area where it talks about fully and freely discussing with the City Manager anything pertaining to appointment and removal of officers and employees or questions about someone's conduct, about a City policy, whether it be a City office policy or a City Edgewater Police Department policy. She would think that if something is brought to their attention it should be looked at and an answer should come back. She has done that on many occasions and she has not received a response. Councilwoman Rogers commented on hearing the same rumor over and over ever since the City Manager got in office. She doesn't want to hear the rumors. After a while you sit still and wait and it comes back. Then you have to decide is it valid, is it not? A lot of times rumors aren't. That is why you don't repeat them because you don't know the validity. Tonight as the gentleman got up the Page 15 of34 Council Regular Meeting December 17, 2007 Teamsters Union representative, Jeff Candage, the rumor of no confidence. She had not heard of anything about a Police Department no confidence. She doesn't even know what you do when you ask for that. She asked them to explain to her when you get a no confidence vote from a Police Department is it something that is part of the Teamsters. Mr. Candage stated it is not unique to the Teamsters because the firefighters beat them to the punch on theirs. He feels it is fairly self-explanatory, the no confidence part of it. It is not specific to a union. The reason for the no confidence vote was precipitated by the will of the people. They can tell they are pretty emotionally invested in this. They are pretty charged. He agreed with what Council has said. He feels they would be doing themselves and the City a disservice by not finding out what legitimate issues are. He agreed with Councilwoman Rhodes. He wouldn't want anyone fired without just cause. The Council is doing their due diligence and asking the right questions and hopefully arriving at concrete answers he thinks will go a long way towards resolving the problem. There is legitimate concerns for expressing your heart felt opinions on how a department is being run. Here people have been victimized by expressing their opinions, off City property on their own time. These are things they can bring to Council's attention now. He feels it is a little audacious to say they want the Council to fire so and so even though that is what they want. He feels awkward about that but he feels good about fact that they have the Council's attention. He then spoke of putting their jobs on line, Firefighters and Policemen both. More importantly they are coming to the Council now airing their concerns. The Council is his boss. They aren't blaming them. They have legitimate concerns about the City Manager and Chief. They would be more than welcome to share them with them. Councilwoman Rhodes feels they should hear them. They should be facts, not rumor. Mr. Candage stated he worked with her husband for a long time and he is all about getting the facts. They would not come here and bring rumor. Councilwoman Rhodes stated she knows how this goes. She wouldn't want anybody to treat her husband this way. She wouldn't want anybody to just arbitrarily come in and say you need to be fired without some facts. Right now she has no facts and no paper. Give her facts and she has no problem doing what needs to be done but she needs the facts. Page 16 of34 Council Regular Meeting December 17,2007 Councilwoman Rogers stated they have a retired officer that comes forward that expressed why he retired. Did he not give facts? They have a union rep get up representing the Police Department. Did he not give facts? A rumor tonight was confirmed to not be a rumor. Again she did not know of a no confidence vote by the Police Department or the Fire Department. She didn't hear a rumor about the Fire Department. Now that is a fact because it had been expressed by Mr. Hayes. They rumor about the Police Department. She has been hearing it over and over since Mr. Williams got in. She has been hearing the dissension, all the way down to the person that doesn't make much that is too afraid to come to Councilor say anything. That is a problem. The rumor tonight she heard tonight that is no longer a rumor is the fact that the Police union did do the no confidence vote. She said Mr. Williams the other day explained to her that he had heard that there was this meeting. She heard it from him. Now it is not a rumor because he confirmed it. He also told her if this were to happen all of the Councilpeople would still be on his Christmas list but he would send them all a thank you note. She didn't know what to make of that. Councilwoman Bennington asked if it was a rumor. City Manager Williams confirmed that was factual. City Manager Williams asked to interject his own thoughts and opinions on this. He has lived with these rumors over the last year and a half. He thanked Councilman Cooper for recognizing the timing and wanting to do more of an inquiry. He pleaded that this issue be resolved tonight. He works at the pleasure of the Council and three of five can make that the decision to decide to exercise the severance clause and terms and conditions of that contract. He thinks that since living with these rumors for the last year and a half that they have prepared for this to come to a head tonight. He remained committed and dedicated to the City of Edgewater one way or another. If a majority of Council decides it is in the best interest of the City and the operation of the City Manager's department to terminate him, he is at peace with that. But if they decide to keep him here, he will show up tomorrow morning and do the same job he has done every day until they decide it is no longer time for him to do that. Mayor Thomas stated as he was telling everyone earlier at meeting he attended today with all the Mayors, it all boils Page 17 of 34 Council Regular Meeting December 17, 2007 down to money. What he is talking about is every City in this County is feeling the same thing we are. Every City said the same thing today. The morale. The reason being that is because when they went down, they had to take a hard look without firing people when the State mandated them to go down on the millage rate, they decided to look at those benefits really hard. He has never seen pension plans where you can retire and keep on working and keep on accruing. He has never seen better Police officers to get nine weeks vacation and ten paid holidays and then sell it back to the City as well as selling sick leave back to the City. It is the same thing with Fire Department about not putting three men on a shift. If one calls in sick, they have some others to cover that. He worked for the State for 30 years. He didn't like a lot of his bosses but he didn't get to vote on them. When do the Indians get to rule the Chiefs? They don't like him in his hunt club. He dictates. Jon Williams has not done anything he has not instructed him to do. If they are going to put the blame on anybody they need to put the blame on him. He was trying to find ways to save money so they wouldn't lose any positions. He heard the Police officers wanted to be piranhas. They wanted to get rid of some of the officers so they could get more benefits and raises. He couldn't believe that. Councilwoman Bennington stated that is a rumor. That is a lie. They did not say that. She rode with those officers. She asked them what they would rather have, their officers replaced or new cars and the raise. She was told unanimously they wanted their officers. Mayor Thomas stated he met with the Police Department and he gave them some suggestions. The next thing the rumor came back to him that he was trying to run the Police Department. He gave them some suggestions about making contacts on the street. They don't like to do that. They don't want to get out of their car. That is bull. He knows. He saw it. He rode with them and he talked to them. Councilman Cooper felt this discussion proves his point. They have got to have this meeting no later than Wednesday and let's put this issue to bed. If they do anything tonight, they do not have person to take the City Manager's job. There are so many ramifications. Councilwoman Rhodes stated they could appoint an interim. Page 18 of34 Council Regular Meeting December 17, 2007 Mayor Thomas stated there is not an Assistant City Manager to take over. They are strapped on money and they are going to give him a year's salary, $100,000. City Manager Williams stated the terms of his contract should the Council decide to exercise the vote tonight, there is a provision in there that requires 30-day notification. He encouraged the Council to deal with the situation tonight. He agreed to reach out to the Range Riders or whoever they need to provide some assistance in coming in and handling the transition that takes place over next the 30 days should they get a majority vote to terminate. Mayor Thomas asked if he would do the job any different than City Manager Williams is doing it? City Manager Williams personally didn't believe so but that was Council's decision to make. Mayor Thomas stated because they don't like you? Councilwoman Bennington stated it is not a matter of not liking. Mayor Thomas stated show me some facts. Councilwoman Bennington stated they showed facts tonight. Mayor Thomas stated he didn't believe that. He believed she made a campaign obligation to those people and they backed her up. Councilwoman Bennington stated she did not. The only campaign promise she made was to work and improve the morale of the employees. She made no campaign promises to anyone. How dare you do this? This is not a political issue. Jon asked for them to settle it tonight. She does not want to fire the man on Christmas. She would be willing to have workshop if that is what the majority of the Council wants but she was asking the Council to address this problem that has been brought to them that has been steaming. Jon himself has said this has been a melting pot for rumors for the last year and a half since he has been City Manager. The Council has contributed to this melting pot. Let's fix it. City Manager Williams stated if anything to provide some assistance. Whether you are pro Jon or con Jon, this situation continues to loom and continues to affect the morale. For whatever that is worth to the Council. Councilwoman Bennington stated they needed to take stance as Council and take action. Right or wrong they need to do something here. Mr. Williams is looking out for the City by saying that and she applauded him for that. She is not on a witch-hunt. She did not run for Council to get rid of Jon Williams or the Police Chief or anyone. Mayor Thomas stated that is what she told him. Councilwoman Bennington Page 19 of34 Council Regular Meeting December 17, 2007 stated she did not. Mayor Thomas stated she told him she didn't want to do that. Councilwoman Bennington stated she did not run on that platform to get rid of anyone. Mayor Thomas stated she told him she didn't want to get rid of Jon Williams. Councilwoman Bennington stated that is absolutely right. Mayor Thomas stated okay. Councilwoman Bennington stated she has had time to work with him and she has listened and she investigated the so-called rumors. She didn't ask the Fire Department or the Police Department to do this. They took this on their own. When it got to the point that the morale was at an all time low. She applauded the people to be able to stand up in front of them and do this. This is not a money issue. Mayor Thomas stated it's not just here. It is every City in Volusia County. Councilwoman Rogers stated Ken Parker is still in Port Orange. Mayor Thomas stated okay, he didn't talk to 13 Mayors that told him the same thing. Councilwoman Bennington stated they have never had to have fire union until recently. Why now? Since the Fire Department was instituted they have never had to deal with a union. They have been happy with way this City has operated. They talk about budget restraints. The Council approved this budget and the last budget. They are the ones that have set this up. Mayor Thomas stated he just wants him to get a fair shake. Councilwoman Rogers stated she was thinking about Ken Hooper the night that the votes happened and Mayor Thomas and Dennis wanted to get rid of him and Judy and Councilwoman Rhodes said no and she said no because what was brought to the table was irrelevant on why they wanted to get rid of him. A week later the man quits. Mayor Thomas stated he couldn't live that way either. Councilwoman Rogers stated correct. Mr. Hooper didn't walk away with $100,000. Mayor Thomas stated he has talked to him. He cannot live. Councilwoman Bennington moved to terminate the City Manager with no cause and live up to the terms of his contract. Councilwoman Bennington stated she was doing what he is asking. Councilwoman Rhodes stated she wanted a recess before a motion. Page 20 of 34 Council Regular Meeting December 17, 2007 The motion was second by Councilwoman Rogers. The MOTION CARRIED 4 -1. Mayor Thomas voted NO. Councilwoman Bennington informed Jon she wanted him to know she did not make the motion viciously or maliciously. They had to correct the situation. She apologized for it being at Christmas. City Manager Williams informed the Council to talk to him about what they wanted to do. They had 30 days. Councilwoman Rhodes stated she hopes everyone does her one favor. Before it gets to this point that they come forward with some facts. Gigi and Debra said yes facts were given tonight. She didn't see any real facts but some things were said. She didn't see any verification. Could they do this before it gets to this point so they can talk and work these things out before everything is boiling over. City Manager Williams stated his contract provides for 30- day notification. If that is something they wanted him to obligate he would be happy to do that and assist through the transition over the next 30 days. He would like Council to make a motion to allow him to work directly with the City Attorney in identifying his terms of his severance in the form of a separation agreement. Councilman Cooper stated he would rather have the Council sit in on all those negotiations. He didn't believe they needed to have any private negotiation at this time. There are some issues outstanding that need to be talked about. He feels embarrassed by this. Right now they should almost open it up and get it done with right here. Councilwoman Rogers stated one of her issues would be how people under Ken Hooper's reign received contracts. Contracts that gave raises and a lot of benefit and dollar amounts that exceeded what a City Manager is allowed to negotiate as far as purchasing goes in our City Charter. She asked the City Attorney if she had given any expression of opinion on those contracts, because they were told by the City Manager that they were hung with certain things that let's say were in the old Assistant City Manager's contract. The City had to put out a lot of money to buy her out. One of the questions she asked was if City Attorney Ansay had looked at them and she said yes. She Page 21 of 34 Council Regular Meeting December 17, 2007 then asked the City Attorney if she was aware of the limit on the City Manager spending and she informed her no. She doesn't think the City Attorney was given whole story when she made a decision that was given to our City Manager when he came back and informed the Council that was existing at the time. They wanted to get out of those contracts. It was City money and the City Council was unaware of certain people's contracts that Mr. Hooper negotiated right before he resigned. City Attorney Ansay stated the City Manager's contract was a contract that was negotiated directly with Council and approved by Council. Councilwoman Rogers stated she was talking about the Assistant City Manager. City Attorney Ansay stated as far as resolving the contract with the City Manager. The terms of contract are pretty standard terms. In terms of negotiating, there is not that much to negotiate because of the way in which the contract was drafted. She thought the most important term has to do with the notice issue. Since the contract provides that termination for convenience or not for cause, what that means is Council has decide whether they are going to pay him for those 30 days and he doesn't report to work essentially or whether he comes in for 30 days. They are effectually putting him on notice tonight that in 30 days they are terminating the contract. They could do it either way. Beyond that in terms of the number of months and the sick time, when they go and get those records from personnel. Those are defined sums. There is nothing to negotiate. He has an entitlement. He can't get any more. The contract says what it says. She would propose that she look at the contract, she represents Council. That she looks at the agreement and comes up with a proposed separation agreement. She provides it to Mr. Williams to see if he concurs with it and she would bring it back to Council first week in January, January 9th, barring any major issues, which she didn't think they would have because of the terms being set forth in the contract. They aren't going to have a lot of flexibility. It gets approved at that point in time. Councilman Cooper stated he only had one concern. He believed in Jon's contract it didn't pertain. Other contracts that Debra Rogers brought forward, they were actually specified as days and things of that nature. A person on your staff informed them collectively one night that they may be subject to contest that they can't be Page 22 of 34 Council Regular Meeting December 17, 2007 paid. They aren't allowed to pay severance for times not worked. In Jon's case it is not stated as it is in the other contracts. This may not apply. This is one of the issues he had hoped to talk about in an executive meeting. He still had some questions as to whether they actually approved a contract. City Attorney Ansay stated the minutes that were just approved had to do with the City Manager bringing back his goals and objectives for the year. They had his contract in there. It was basically his evaluation. The contract was entered into and signed by the City back on September 25, 2006. Until terminated it remains in full force and effect. Councilman Cooper stated there were many issues that were supposed to be being brought forward as far as goals and objectives. There were a couple other things on setting some scales. There were quite a few things that were yet to come forward that have never come forward. He didn't realize they signed it in September. City Attorney Ansay stated there is an existing contract. There were some discussion of proposed changes that maybe would be addressed but there was no amendment to the contract. There is an agreement in place. City Manager Williams wanted to put the fear out of some of the department heads to rest regarding some of the employment agreements. This is something that has been brought forward "from Council. Since then, they went back and researched the record. They are trying to get all that information to City Attorney Ansay. In the management personnel policies and procedures, which was approved via resolution and revised in October 2004, they provided the Manager at that time to enter into emploYment agreements. That is what gives the Manager the authority. The issue that has never come to Council was a template used but none the less, in the latest revision of the personnel policies and procedures, that is in there. Councilman Cooper stated even though he has the permission to exercise the agreements, he does not have permission to break State Statutes. That is kind of redundant. Statutes is Statutes. The Attorney brought it forward and read them the riot act on it. City Attorney Ansay stated the contracts that they are talking about were contracts entered into under the Page 23 of 34 Council Regular Meeting December 17,2007 previous City Manager. There was some question about whether or not those needed to be approved by Council. It was just this afternoon that she was handed the resolution and a lot of the backup personnel materials that existed in the form of resolutions and authorizations from Council to give the City Manager the authority. From what she can see it certainly looks like a predecessor to this Council passed policies and procedures in place that do give the City Manager that authority. There is no State Statute that addresses the issue of a City Manager contracting with employees as long as it doesn't have some otherwise void or illegal clause in it. Mayor Thomas stated there was something they needed to do. It would be his suggestion to appoint someone tonight to take over tomorrow. He trusts Jon Williams but he isn't going to be good for 30 days. He doesn't want any decisions to be tainted. He would say appoint someone tonight and then if they want to go with the Range Riders, they could do that in the future. They need to appoint somebody tonight to take over tomorrow to run the City. Councilwoman Rhodes suggested appointing someone currently working for the City interim and go outside the City to hire a City Manager. As a rule she is really reluctant to do that. She thinks hiring from within is the best way to go. She feels the people that have worked here for a long time know the ins and outs and make the best employees. She was wrong, apparently. She suggested they not do this the next time. Apparently they need some new blood and a fresh eye. Councilwoman Rhodes suggested asking Tracey Barlow to be the Interim City Manager. Councilwoman Rogers informed Councilwoman Rhodes they think alike. Councilwoman Rhodes stated if he will do it. Mayor Thomas asked if he heard a motion. Councilwoman Rhodes stated I would make Councilwoman Rogers seconded the motion. Councilwoman Rhodes stated wait a minute. Tracey needs. Mayor Thomas stated he wasn't listening to him. There is a motion on the floor and a second. He asked for a roll call. Page 24 of 34 Council Regular Meeting December 17,2007 Councilwoman Bennington amended the motion and stated as long as Tracey can maintain the title of Fire Chief while fulfilling this Interim. Councilwoman Rhodes thought they might need an Interim Fire Chief as well. Councilwoman Bennington stated the reason she was saying that was because he has invested in his retirement. Councilwoman Rhodes stated that was why she was asking if him if this is something he was willing to take on with no change in his current. Mayor Thomas stated he didn't want to give him a choice. Councilwoman Rogers stated because he 1S Interim it won't affect his stuff. Councilwoman Rhodes stated he is going to hold a place is what he is going to do. Mayor Thomas stated they needed to know if this would affect his retirement. Councilwoman Rhodes stated they don't want a contract with him or anything. They just want him to take over the job and keep what he has right now. Councilwoman Bennington stated and fill in until they decide what they want to do. Councilman Cooper asked if he could transfer responsibility to the guys to cover while he is filling this position for them. Fire Chief Barlow stated he has confidence in his staff and his continued direct involvement. He appreciated the confidence expressed. He feels they have other extremely talented staff as well. Until they work with the City Attorney and some of those concerns are his interest in the pension and considering he is within years of being eligible for pension benefits that would certainly be his primary concern. He is dedicated to the City and certainly would be willing to assist in an acting role until at least the next Council meeting if that is what the Council's desire is until they can work through and secure some of those issues through some of that transition. Councilwoman Rhodes stated whatever he has right now should not change because he is interim Manager. Mayor Thomas stated he wouldn't think so. Fire Chief Barlow stated he wouldn't think so either but he would want to do some additional legality research. Councilwoman Rhodes stated unless they enter into a contract with him that says something Page 25 of 34 Council Regular Meeting December 17,2007 different it can't change. Councilwoman Bennington asked if they could entertain her amended motion. Councilwoman Rogers seconded the amended motion. Mayor Thomas stated there is a motion on floor that has been seconded and amended as long as it doesn't affect his pension or benefits. Fire Chief Barlow stated if Council is comfortable, they can maybe from the time period between now and the next meeting they could secure some of that and formalize and it gives him an opportunity to meet with the Council to make sure they are comfortable with him and his direction. Councilman Cooper felt they still needed to go forward with the Wednesday meeting. Councilwoman Bennington stated they needed to second the amendment. Mayor Thomas informed her it had been seconded. The MOTION CARRIED 5 - 0 . City Attorney Ansay stated the motion that was made previously as it related to Jon was to terminate his contract without cause concurrent with the terms of the contract. Based on that motion, that means they are giving him 30 days notice unless they move otherwise. That means Council is saying to Mr. Williams he is going to serve unless they move otherwise, in the capacity of City Manager for the next 30 days, which contradicts what they just did. She felt they needed to take action on the fact that they have triggered the termination under the contract but that essentially for the next 30 days he does not need to report for duty. He is relieved of those duties. He has to be compensated. Councilman Cooper didn't think they said that. Tracey if he could use help for a little while. Thomas stated Jon doesn't want to do that. He asked Mayor Mr. Williams stated now he is a civilian and he thinks it is fair to the community. Councilman Cooper stated he was asking his tolerance that they give as much information to Tracey as possible. He knows when he takes positions he hates to be blind sided. Mr. Williams stated he would certainly transition maybe tomorrow with Tracey. Councilman Cooper asked him if he wanted out right away. Page 26 of 34 Council Regular Meeting December 17, 2007 Mr. Williams stated yeah. He thought it was better. Tomorrow morning he is going to notify Wachovia Bank that he is terminating his access to all funds as well as State Board of Administration for his protection as well as the City's protection. He is going to reach out to our Auditors and advise them of the same thing. He is going to remove his access in all capacity to all funds for the City's protection and his. He will assist where he can. He thinks the Council is making the right decision here tonight. He respectfully requested the City pay him for the next 30 days and they walk away. Councilman Cooper asked if Mayor Thomas and Tracey could be there when that is done. He suggested they get Tracey's name on the accounts as quick as possible otherwise the City stops. Councilwoman Bennington made a motion that for the purpose of morale and at the City Manager's request that they delete the 30 days notice, pay him for the 30 days, and immediately sever the contract, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . Mr. Williams asked if he would start working with Carolyn on the rest of his severance terms. Mayor Thomas informed him yes. City Attorney Ansay stated she represents the Council and nothing will happen until a contract gets brought to Council for final execution at the next meeting. As they just talked about with meeting notices and issues related to the Sunshine Law. It would be cumbersome and problematic to try to schedule a meeting in 36 hours from now on the subject without drawing some conflict and controversy. She didn't think having a meeting on Wednesday was answer. She is negotiating for Council. Councilman Cooper asked her if she felt comfortable. City Attorney Ansay stated certainly. She will take the strictest interpretation of the terms of the contract. They will put a proposed separation agreement together. The Council is the ultimate approver of that agreement. Until the Council approves it in January, nothing will happen or get paid to Mr. Williams, except for the 30 days that he continues to get paid in the interim. Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 8:40 p.m. and reconvened at 8:50 p.m. Page 27 of 34 Council Regular Meeting December 17, 2007 6. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS There were no Public Hearings, Ordinances or Resolutions to be discussed at this time. 8. BOARD APPOINTMENTS A. Animal Control Board - Nomination by Councilwoman Bennington to fill a vacant seat due to the expired term of Dr. Vanis, who seeks reappointment Councilwoman Bennington moved to reappoint Dr. Vanis, second by Councilwoman Rogers. The MOTION CARRIED 5-0. 9. OTHER BUSINESS A. Appeal of Vested Rights Determination - ASD Properties Management, Inc. - ASD Properties (Rodney Jones & Bradley Jones) filed the appeal of the City Manager's Vested Rights Determination on October 22, 007 for the property (110~ acres) located East of Old Mission Road & South of Josephine Street, finding no rights to have vested City Attorney Ansay stated the applicant has requested that this item be placed on the agenda for the January 7th meeting. In accordance with the provisions in the Land Development Code, Council has 60 days from the time they file their appeal. They have until January 14th for the Council to make a decision on it without violating any of the time frames. Without any further delay tonight they will put it on the agenda for January 7th. B. Approval of Change Order #1 - for Diversified Well Drilling Corporation for the Saltwater Intrusion Monitoring Well Project (approved July 2007) for an increase of $43,079.00 and authorize Page 28 of 34 Council Regular Meeting December 17, 2007 execution by the Mayor. Elimination of two monitoring wells results in a savings of approximately $120,000.00~ Director of Environmental Services Terry Wadsworth made a staff presentation. Councilwoman Rogers stated this was not in the budget they just approved. Mr. Wadsworth stated it was not in the original budget. This is paid out of impact fees. Councilman Cooper stated it is about half of exactly what the original bid was. Is this proper charges? Did they do what they asked him do? Mr. Wadsworth stated they negotiated with St. John's. At the time they did it as a unit price bid, which means it wasn't a fixed limit. They didn't know exactly where that level would be and they knew there would be some variance in depth so they do a unit price and how much per foot it is going to cost. It is definitely in line with that. The only two things that are different than what they anticipated is they are having to plug the one well that was interfering with the test results and the conversion to a dual monitoring well, which benefited the City by not having to drill an additional well. Councilman Cooper stated this is an extra $43,000. He asked if they have the funds. Mr. Wadsworth informed him this is paid out of Water Impact Fees. It won't interfere with the operating budget of the City. Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Change Order #1, second by Councilwoman Rogers. The MOTION CARRIED 5-0. C. Employee Early Separation/Retirement Options - Council discussion/determination on establishment of a formula for early separation/retirement options This item was pulled from the agenda. Page 29 of 34 Council Regular Meeting December 17,2007 Interim City Manager Barlow made a staff presentation. He was aware of an informal study that was conducted by the Personnel Director and/or Jon Williams in reference to some separation incentives. That doesn't affect any pensions. There was a brief discussion at the directors meeting on Wednesday and Jon Williams decided on Friday because as he felt, some additional work needs to be done. He felt it was in the best interest to pull this item from the agenda. Interim City Manager Barlow agreed to work with the Personnel Director and staff and see if they can't resolve some of this and bring a product back to Council. Councilman Cooper stated it was one of his crazy ideas that he brought forward. He said they really needed to look at something in case it was needed for later. It also would be something that would be a benefit that they might be able to extend to folks to help with the people that are getting the double pension. Councilwoman Rhodes stated they have been looking at this for a long time. They just don't have the money for it. Mayor Thomas stated they need a formula if they are going to do that. This is another thing he has never heard of. If they are going to do it they need a formula that is fair and equitable to everybody. Councilman Cooper feels they have to set limits. Interim City Manager Barlow agreed to make it a priority. 10. OFFICER REPORTS A. City Clerk City Clerk Wadsworth stated at the November meeting the Council asked that she and Jon go through the City Clerk applications and bring back their choices. She tried to get along with Jon to get him to get with her but she went ahead and did it herself this afternoon. She provided Council with her picks. There were a total of 49 applicants. She submitted 12 to Council. Councilwoman Bennington informed City Clerk Wadsworth that she had just saved Tracey some work. Councilman Cooper asked her if she had ranked them. City Clerk Wadsworth informed him no. Page 30 of 34 Council Regular Meeting December 17,2007 City Clerk Wadsworth informed Council she has a photographer coming in on December 26th for pictures at 3:00 p.m. She asked if that was okay with everybody. Councilwoman Rhodes stated that is her granddaughter's birthday. Councilwoman Rogers stated that is the day after Christmas. City Clerk Wadsworth asked about the following Wednesday, which is the day after New Years. Councilwoman Rogers stated probably the week after that. Councilwoman Rogers suggested January 9th. Councilwoman Bennington they do it on January 7th. Councilwoman Rhodes suggested they do it before the Council meeting on 7th. City Clerk Wadsworth agreed to schedule pictures for 6:00 p.m. on January 7th. City Clerk Wadsworth stated she enjoyed working for the City and wished everyone Happy Holidays. B. City Attorney City Attorney Ansay had nothing at this time. C. City Manager 1) Tentative Agenda Items 2) City Clerk Interview Process 3) Reschedule/Cancel January 21, 2008 Council meting due to Martin Luther King Holiday Councilwoman Rhodes stated they could reschedule the meeting or cancel it. The next meeting would be January 28th. Councilwoman Bennington suggested they needed to schedule some place in there a workshop to go over the applicants. 4) Reschedule/Cancel February 18, 2008 Council meeting due to Presidents' Day Holiday Councilwoman Rhodes suggested they bring this up on January 28th. Councilwoman Rogers felt that made good sense. Councilwoman Rogers stated she had one thing after this. Page 31 of 34 Council Regular Meeting December 17, 2007 Mayor Thomas did too. Mayor Thomas stated he wanted the employees to know he was fighting for Mr. Williams and that he would fight for any employee that hard also unless they did some heinous crime. He hated to fire someone like that. He will be fighting for the other employees too. Councilwoman Rogers stated the other comment has to do with the Police Department's no confidence vote. That has already been expressed as far as the Police Union. She stated all she can say is confidentiality. Doing the job right. A leader. No problems. Our Police Department has a lot of problems and a lot of morale issues going on. Our Fire Department doesn't have that issue. She thinks they need to do something about that. They might as well make a clean slate and do that as well tonight. Councilwoman Rhodes stated they couldn't do that. Councilwoman Rogers stated she was asking the Interim City Manager. Councilwoman Rhodes stated they couldn't ask him to remove or hire anybody. Councilwoman Rogers stated she was asking him to do something. They heard what the Teamster Union guy said. Interim City Manager Barlow recognized the concerns there. With all due respect he would like to look into that and see what he can't do to resolve those. Councilwoman Bennington stated in the past there has been brought in an independent agency to audit the Police Department to give them the good and the bad. Maybe that is something as Acting City Manager that Tracey might want to look at. Interim City Manager Barlow stated he appreciated the offer of resources and that he would certainly look into that. Councilwoman Rhodes stated they needed to set a meeting to discuss City Clerk applications also. Mayor Thomas stated he thought they were going to do that at 6:00 p.m. on January 28th. Councilwoman Rhodes informed him that was pictures. Page 32 of 34 Council Regular Meeting December 17,2007 Councilwoman Rhodes stated Lisa is going to take over for Susan. Susan is leaving on January 1st. City Clerk Wadsworth informed her January 4th. Councilwoman Rhodes stated Lisa is going to take over after that. They have a meeting on January 2nd. City Clerk Wadsworth informed her January 7th. Councilwoman Bennington thought it was going to take more than half an hour to do this. Councilwoman Rhodes and Mayor Thomas did too. Councilwoman Bennington suggested they have a meeting when they don't have another meeting. That was her preference. Councilwoman Rhodes suggested they set a meeting for after the first of the year. Interim City Manager Barlow asked if they were comfortable talking about that on January 7th. He was extremely confident in Lisa Bloomer, the Deputy City Clerk's abilities. She has exemplified some of that. Councilwoman Rhodes confirmed he wanted to talk on January 7th about establishing a date. He thinks he has a pretty full plate between now and January 7th. Councilwoman Bennington stated at least he doesn't have to ride on the fire truck now. Councilwoman Rhodes stated maybe he does. 11. CITIZEN COMMENTS The following citizens spoke: Bill Glasser, 1703 Needle Palm Drive, stated he was probably going to be a lot less popular than he already is with what he has to say. After the previous City Council made life miserable for the City Manager and the Police Chief and forced him to resign or whatever the story was, he read on a forum somewhere there would be no more kangaroo courts in the City of Edgewater. He thought he just experienced one. He thought he was going to experience two. He stated back in his younger days when he was a supervisor, a gentleman whom he had great respect for came to him and told him one of his employees was playing hanky panky with one of his employees on second shift. He asked what was going on. He said the employees were doing inappropriate things. He asked him where he heard this. He said one of his supervisors told him. He called the employee in and said they shouldn't be doing this kind of stuff. She said what they were supposed to have been Page 33 of 34 Council Regular Meeting December 17,2007 doing. He said this guy said they were doing inappropriate things. She said Jeffery and I have known each other since high school. They were sitting in his cube and they were talking about prom night. He got to feeling really stupid and he went and talked to Jeffery to find out his side of the story. Jeffery informed him he had known Debby ever since high school and they were discussing prom night and laughing. He went back to the gentleman and said who told you about this and he said so and so. Him being stupid went and talked to the guy and asked him why he reported this as being inappropriate goings on and he said they wouldn't have this problem if they didn't have female engineers working out here. That was the whole problem. Here it was rumors. Dummy listens to this guy instead of going to the source. He thinks the Council should have gone to the source and had their meeting and got the facts. Dan Blazi, 220 Oak Branch Drive, informed Mayor Thomas he came to address what was said about the Indians running the Chief. The decision by the Union did not come lightly. It didn't come because of innuendo or rumor. He takes personal offense to the fact that Mayor Thomas was downgrading the officers by saying that they are only doing what they are doing because they are lazy or don't want to get out of a car or talk to a citizen. He took great offense to that. These are the best men and women this City has to offer. He finds it hard to believe the Mayor Thomas would defend him in the same way as Jon williams. He welcomed any inquiry into the department for the facts everyone is seeking. He felt Tracey Barlow would be the most objective person to conduct that. He has known Tracey for years. They have known each other since they were kids. He doesn't have a malicious bone in his body and he will come up with an objective and unbiased result. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:15 p.m. Minutes submitted by: Lisa Bloomer Page 34 of 34 Council Regular Meeting December 17, 2007