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11-03-1997 - Regular '-" ...., '. . CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 3, 1997 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter Interim City Attorney Nikki Clayton Interim City Manager Kenneth Hooper city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Due to Reverend Chegwig, Presbyterian Church, not being present, there was a silent invocation. There was a pledge of allegiance to the Flag. Mayor Allman reviewed the procedure for the agenda. APPROVAL OF MINUTES A. Special Meetin9 of October 14/ 1997 Councilwoman Lichter made a motion to approve the October 14, 1997 minutes, second by Councilman Hammond. The motion CARRIED 5-0. B. Re9ular Meetin9 of October 20, 1997 Councilman Hammond made a motion to approve the October 20, 1997 minutes, second by Councilman Roberts. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearin9s. Please state your name and address/ and please limit your comments to five minutes or less.) Candice Natoli, 2501 35th Street, read a petition pertaining to reinstating Krista Storey as City Attorney and presented it to Mayor Allman. Interim city Attorney Clayton informed Mayor Allman that after the Councilmembers have had a chance to review the petition, city Clerk Wadsworth also needs to receive a copy. Paul Jenkins, willow Oak Drive, expressed concern regarding the proposed contracts for the Interim City Manager and Interim city Attorney. He feels the wording pertaining to reasonable expenses needs to be better defined as to what the allowable actual expenses would be. Mr. Jenkins expressed concern regarding only one firm being considered for the defense in the News Journal case. It is normal in the public eye to consider more than one firm for these things. '--' ...., '. . Mr. Jenkins feels the City is about to get into some expensive cost if Council goes through with the contracts. He believes the City would be better served if George McMahon and Krista storey were reinstated for a three month period and then given their severance at the end of that three months. That three months would allow time for new replacements and it would allow a smoother transition. Ferd Heeb, 115 N. Riverside Drive, stated one of the criticisms of the previous City Attorney's office was the fact that the city had obtained outside counsel to represent it in its lawsuits. Now we have a Council who has dismissed City Attorney storey because of this type of criticism and now Council is looking to engage outside counsel. If the City's position was that Krista storey should have handled all of the litigation in the past, then Ms. Clayton should represent Council and we should save those fees. Mr. Heeb further spoke about the cost to the City because of the dismissal of George McMahon and Krista storey. Mr. Heeb stated the Council ran on a platform that they were going to save taxes and cut money and the first thing they have done is spent an easy $100,000. He feels Council should reconsider their position and reinstate George McMahon and Krista storey. Mr. Heeb suggested Council get on with running this City and for them to carry out the platform they ran on to run a more efficient City and a better government. Dick Martinez, 317 Schooner Avenue, spoke about Krista Storey being paid $38.00 per hour as well as Interim City Attorney Clayton being paid $100 per hour plus retaining an outside firm. He asked Council to consider reinstating the former City Manager and City Attorney. Dominic capria, 606 Topside Circle, spoke about Item B on the Consent Agenda pertaining to the replacement bond for Edgewater Landing. He is confused because he thought Council already approved a $42,500 maintenance bond for Phase III. He questioned what the $10,000 is for. Interim City Attorney Clayton explained this is a substitution of a bond for construction of sidewalks in a phase in the subdivision and it is for construction completion so it does not relate to the maintenance provisions once the improvements referred to under the other bond are completed. This is for a period during construction of sidewalks. Mike Hays, 2319 Umbrella Tree Drive, addressed the request of the Assistant city Manager to be named Acting City Manager. He spoke about there being only one other person who has more knowledge of the day to day operations of the City other than Mr. Munoz being Mr. McMahon. He feels Mr. Munoz is the only choice. He has demonstrated his ability. Jeanne DelNigro, 3130 Tamarind Drive, also addressed the request of the Assistant City Manager to be named Acting city Manager. She cannot endorse the appointment of Mr. Munoz to the office of City Manager. She feels during the past few weeks his behavior and unfounded charges and remarks that have been printed in the local newspaper indicate a man with something to hide. She cannot support a man she can't trust. She asked Council to vote no on this appointment. Page -2- Council Regular Meeting November 3, 1997 ..... ..., , ' Robert Pogg, 2925 Yule Tree Drive, stated he can not trust Mr. Munoz. He spoke about the articles in the newspaper regarding the recent lawsuit. He spoke about Mr. Munoz and Mr. Karet being "whistleblowers" but he feels they are not whistleblowers. He feels the information that was supposedly given was already out before the Primary Election. He feels this is making the City spend a lot of money for nothing. Doris Hill, 112 Lincoln Road, stated at the present time the city of Edgewater is paying three people for the services of City Manager, Mr. Hooper, Mr. McMahon and Mr. Munoz. She doesn't believe the majority of taxpayers like seeing their tax dollars squandered on duplicate salaries and outrageous legal fees. This attorney is asking for more money than the previous attorney was making. It is going to cost a lot of money to get an outsider here and work for what they are working for. If you should lose one of the lawsuits being brought against Council, the citizens of Edgewater, Council included, it could cost millions of dollars in damages. We have got about a million dollars in unappropriated funds right now. She resents Council putting the City in financial jeopardy and asked them to think about that. CITY COUNCIL REPORTS Councilwoman Lichter spoke about not knowing who owns the property at the corner of u.S. #1 and SR 442 where the newspapers are. Used cars have been sold there for the past two weeks. She asked if this could be looked into. Councilwoman Lichter stated VCOG, in conjunction with the college, will be offering classes for newly elected officials. That will be on December 8th and 16th. She asked City Clerk Wadsworth to find out more about it so they could attend. Councilman Roberts asked how quickly they could move on establishing a Charter Review Committee. He also asked about having a committee to look into the proper site for the Fire station west of the tracks. He feels these committees need to be established as soon as possible. Interim City Manager Hooper stated on November 10th there is a work session scheduled on the Fire station. On the November 24th work session, the first item is the Charter Review. Councilman Hammond stated he would like to establish a committee of professionals, who have been running big businesses, to be able to come in and double check what is going on right now. Councilman Gornto had nothing at this time. Mayor Allman had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing requested by George E. McMahon Mayor Allman informed Mr. McMahon of the hearing process. George McMahon, 2904 Royal Palm Drive, presented his background information qualifications and recognitions he has received. He went on to speak about his accomplishments since he started working for the City of Edgewater. Mr. McMahon spoke about his salary and the benefits he received. Page -3- Council Regular Meeting November 3, 1997 ~ ..." Mr. McMahon asked Council individually why he was fired at their first meeting. Interim City Attorney Clayton explained Mayor Allman can take the question and determine whether he wants Council to respond. She asked Mr. McMahon if he was asking for each question to be answered separately. Mr. McMahon stated he would prefer that. Interim City Attorney Clayton stated that is the option of the chair. If Council rules they want to take the questions one at a time and see if council wishes to respond they could do that, or they could wait until Mr. McMahon has finished his presentation and have heard from members of the public. Interim City Attorney Clayton summarized what was just said pertaining to the hearing procedure. Mayor Allman stated they would answer Mr. McMahon's questions as he asks them because he has nothing to hide. Mr. McMahon asked who decided to fire him and when. He stated he would like to comment on the lack of any notification prior to that meeting to him to have any kind of discussion or dialog regarding performance or anything else. His performance evaluations for six years standing have been nearly perfect. Mayor Allman stated the reason he voted to fire Mr. McMahon was during the election he was informed by several people of the way the various departments were being run in the city. The people that voted for him showed a very lack of confidence in Mr. McMahon leading the City any further. People have said it was a 24% voter turnout. It was a clear mandate of the people who did vote to clean out City Hall. Who decided and when? Mayor Allman decided that right after the election he would bring it up the first night. He felt it was appropriate at that time to get started on a new route. Mayor Allman admitted to being one of the people who told Mr. McMahon he was not a head hunter. He is not a head hunter however, he feels he is responsible for the people who elected him to show trust in their trust in him. Councilman Roberts stated he voted to have Mr. McMahon removed as well as the City Attorney because he felt the consensus of what the voters wanted was to have new administration as well as Council. He stated Mr. McMahon claimed that he had good efficiency reports. Of course, those were done by a Council that people didn't have any confidence in. Obviously they voted them out and when the Mayor brought it up he felt obligated to back up what his supporters wanted him to do when they put him in office. Councilman Hammond also admitted to being one of the people who told Mr. McMahon he was not a head hunter. When he got elected the people kept coming up to him telling him they want the people out. The day he talked to Mr. McMahon he informed him he was going after policy and the Charter was going to be changed. What happens from there happens. That was his agenda. He informed Mr. McMahon the people wanted him out and he had to make a decision. Sooner or later it was going to come down. He feels at that point, Mr. McMahon basically knew what was going to happen. He had to call a shot there and he went with the Mayor at that point. Mr. McMahon stated he appreciates his response from Council. He thanked the residents for letting him serve the community for six years. It has been a privilege contradictory to what some people may think about him. He asked Council to observe his performance objectively. Mr. McMahon read a small poem. Councilman Gornto stated he doesn't feel he or Councilwoman Lichter had a chance to respond to the questions and he feels it would be appropriate if they did respond. Page -4- Council Regular Meeting November 3, 1997 '-'" --' councilman Gornto stated the reason Mr. McMahon was fired was because it was a 3-2 vote. He voted no on the first question regarding the issue as well as Councilwoman Lichter. His personal feeling at that time was that it was too fast and no matter how they felt personally, Mr. McMahon should have been given a chance and Council should have worked with him for some period of time before they made that decision but the vote was 3- 2. He still feels the same way and has not changed his opinion of that. Who decided it? As far as he knows, it was decided at this curved table at the time it happened. Regarding the lack of notification, Mr. McMahon knew it as quick as he did. He spoke about not knowing what Clean Out City Hall really meant. He knew Mr. McMahon before he joined this Council. He spoke about the Chamber of Commerce leadership program Mr. McMahon spoke at and he recognized Mr. McMahon as being a confident and capable person. The information given to him was that Mr. McMahon was a very quality, excellent oriented city Manager and he doesn't find that any different today than he did then. Councilwoman Lichter stated she did not always agree with everything Mr. McMahon said but she saw a very honest and capable person. She doesn't believe anyone should be fired in the manner he was fired that night. It gives her chills when she thinks about what happened to Mr. McMahon and Ms. Storey. Councilwoman Lichter stated the City Manager and City Attorney have to be compatible with Council but that was yet to be seen. We were five people elected. Her main platform was not to sweep out City Hall but to look into things. She is not saying what happened wouldn't have happened two months down the line but in a manner that would not have been so costly to the community and in a manner that would not have the look of impropriety that it had and in a manner that would not have gotten us in the situation we are today. She respects Mr. McMahon for standing up in front of the Council and for asking the questions he is asking. The following residents spoke on behalf of Mr. McMahon. Doris Hill, 112 Lincoln Road, believes there were five issues in the past election: 1) taxes, 2) changing the date of the election from November 4th and giving the incumbent Council an extra year without putting it to the people to see what their thoughts were, 3) the length of time the incumbents had already served, 4) the city Charter, and 5) special interest groups. Ms. Hill stated she is not going to stand here tonight and let Council get away with what they are doing without informing Council of the way the people in this City feel. She feels Council has been had. Candice Natoli, 2501 35th Street, stated she expects the Council to be honorable and to love this City and all of its citizens and to serve us diligently and well. She loves Edgewater but doesn't like what happened. She asked Council to search their conscience carefully. She presented a petition regarding the reinstatement of Mr. McMahon. Mayor Allman informed her it could be presented to him again. Mike Hays, 2319 Umbrella Tree Drive, feels the procedure Council used was wrong. He has read statements Council has made publicly and heard what they have said publicly and to the press. He stated the facts speak differently. If Council as elected officials are doing their job, when they vote on an issue it will be an informed vote. Three Councilmembers denied the other two their right to an informed vote. He feels they disenfranchised two fifths of the City's voters by their actions and he feels that was wrong. Procedurally and ethically that was wrong. Page -5- Council Regular Meeting November 3, 1997 -- ...." Mr. Hays commented on Council not coming to their decision outside the Sunshine. That may be true. If that is indeed true, which he personally does not believe, then they were misfeasant in their voting. An uninformed vote was made. How could Council vote on the two interim people that were sitting in the audience if they hadn't already had communication with them. Let the facts speak for themselves. He feels what Council did was wrong and informed them they will not get away with it. Council is being watched in what they do. Council does have an opportunity, for those that have a conscience, to correct this problem. Mayor Allman informed Mr. Hays the comments made were regarding Mr. McMahon. It is not an attack on Council. Mr. Hays informed Mayor Allman Council's actions brought this forward. Mayor Allman informed Mr. Hays he was out of order. Nor is it an act or forum for Mr. Hays to chastise any member of this Council, including Mayor Allman. If you have something to say on behalf of Mr. McMahon please continue. Mr. Hays stated on behalf of Mr. McMahon, he was wronged by Council's actions. If you don't want me to publicly state what those are then he feels he is being denied his right to express that publicly. He feels Mr. McMahon is an honest man who worked for this City. Just because you don't like what I say, doesn't mean it is not true. Mr. Hays stated Council has an opportunity to correct the problem. Whether or not Mr. McMahon would come back to work for this City if you offered it to him, quite frankly he doubts it. If he was him he doesn't know that he would. The man has been hurt publicly but the procedure Council used in firing Mr. McMahon was procedurally wrong. You denied two people on this Council their right to participate in it. Donald Price, 302 S. Ridgewood Avenue, spoke about Mayor Allman, Councilman Roberts and Councilman Hammond saying there was a mandate. He did not give Council his mandate. In a court of law, heresay evidence is inadmissible. He has served on juries and been directed by judges that a jury must decide on facts. Mr. Price stated the facts are George McMahon was more than a good City Manager, he was excellent. He was approachable. When there was a conflict about fencing off some of the retention ponds in the early part of the Capital Improvement Project and the City Council wanted to put up posts so that vehicles would not drive in, it worried him. He approached Mr. McMahon and said it should be a fence because children could go between the posts. His termination should have been based on fact, not on the opinions of some disgruntled citizens. He spoke about the qualifications of Mr. McMahon. Mr. Price stated they did not intend for City Hall to be swept clear and the staff demoralized. Many of us thought that a change of city Council was needed. The mistake was made at the very first meeting. Mr. McMahon should be reinstated. He believes Mr. McMahon should go back to his old job and serve until a new city Manager, preferably Mr. Munoz, be appointed and then he can be allowed to go on. Hugh Williams, former employee and resident of Edgewater, spoke about what he has learned from Mr. McMahon. He doesn't believe Council will find a more honest straightforward good person who lives what he believes or a more professional person. He spoke about the extra money being spent for extra people. He informed Council they have demoralized the morale amongst the majority of the employees in the City. He spoke about the large amount of money being spent on management. He feels Council has made a tragic mistake. He has the greatest utmost professional respect for Mr. McMahon. Page -6- Council Regular Meeting November 3, 1997 'w" ""'" Ferd Heeb, 115 N. Riverside Drive, feels Mr. McMahon credentials and qualifications speak for themselves. He spoke about Mr. McMahon being available and responsive on issues he has had to deal with with the city. He stated he respects Council for representing the City but asked Council to stop and think that their obligation is to everyone in Edgewater and it is time to start thinking about the "silent majority." In a City like this, there was a silent majority. Probably six or seven thousand people that did not vote. Mr. Heeb asked for Council to represent everyone in the City and move forward. He feels the city had a qualified City Manager. In the Council-City Manager form of government, the Council represents the people in making the policy that is used to run the City. The City Manager has the responsibility of carrying out that policy and administering the day-to-day affairs. Mr. Heeb feels the Council, as elected officials, really need to look at their agenda and reestablish a program that is designed to benefit all of the City. He feels the biggest problem facing the City of Edgewater is going to be growth. Mr. Heeb feels if Mr. McMahon did not work here, the Council would be favorably considering his application at this point in the game. Mike Visconti, 316 pine Breeze Drive, spoke about the improvements in Edgewater since he moved here four years ago. He spoke about being instrumental in getting a fountain at the corner of SR 442 and u.s. #1. If it wasn't for Mr. McMahon and his counseling, that fountain would never be where it is today. He spoke about there being $1.3 million in the unappropriated funds because of Mr. McMahon. He spoke about the tornado in New Smyrna Beach and what would happen if it hit Edgewater. He feels Mr. McMahon is a professional man that did wonders for Edgewater. He spoke about Edgewater improving since Mr. McMahon was city Manager. He has the qualifications and hopes that Council will reinstate him so the business of Edgewater can go on in a favorable condition. Sandy Jones, 1520 Travelers Palm Drive, spoke on behalf of Mr. McMahon. She thinks the people who voted for the new Council voted for them because they thought Council would make responsible, accountable, and rational decisions. She does not think Mr. McMahon was given due process. She hopes in the future the Council will think about the decisions it is making for the City as a whole. When Council talks about mandates, talk about the City as a whole, not just the 20% who voted. Paul Jenkins, Willow Oak Drive, also spoke on behalf of Mr. McMahon. He hasn't always agreed with Mr. McMahon or the City council. Mr. McMahon acted at the request of the Council. He spoke about an issue he brought before Mr. McMahon and he agreed with him and stood behind him against the Council. When he saw the signs that said Clean Out City Hall, he looked at it as being the Council, not everything. He expected changes in management but he expected them to be done in a professional manner giving those professionals the courtesy they deserved. Mr. Jenkins believes Council has an opportunity to stop the turmoil and rising costs and put the brakes on now. He believes Krista Storey and George McMahon deserve to be reinstated for the three months until new replacements can be found. Page -7- Council Regular Meeting November 3, 1997 ~ ~ Phyllis Murray, 701 Navigators Way, stated she is wondering what it would take for Council to make a concession as to what has happened. It is shameful. She is embarrassed for her city. She stated one way to save face is to say a mistake was made and a rash judgment was made and the town deserves better. She feels they should see what they could do and move on from there. She feels Mr. McMahon and Ms. Storey deserve more respect. If we want to respect ourselves, and Council expects the citizens to respect them, they have to exchange kindness and decency. She in no way saw any of the signs as a mandate to get rid of the workers of City Hall. Richard Jones, 1530 Sabal Palm Drive, congratulated Council for the dissipating of the apathy that existed in the City up until the Council's inauguration and the meetings that have been held since then. He asked Council to consider the fact that Edgewater needs to be stabilized again. He stated they have developed a City to be proud of and we want to get it back to that point. Jeanne DelNigro, 3130 Tamarind Drive, thanked Mr. McMahon for the fishing pond next to her house. Mayor Allman informed her the people who oppose will be called up after the people who are for Mr. McMahon are finished. Rochelle Herschberg Gianino, 1909 S. Riverside Drive unit #6, fired her oncologist and hired someone else after giving her oncologist six months. If Mr. McMahon is not the choice of this Councilor this City, in three months or six months down the line, then you need to take action. She urged Council to step back and see what they are doing. She suggested they give themselves some time and some experience. Charles Gianino, 1909 S. Riverside Drive unit #6, asked Council to rescind their vote because it would be a very costly task for the City to endure. After reading the papers, in reading the expenses that are going to incur with the court case and all, he took it upon himself to request a public record from the city Clerk. He has the resumes for Ms. Clayton and Mr. Hooper. He spoke about Mr. McMahon's qualifications and feels if they are going to fire and replace somebody, we should get someone with a lot more qualifications than the man that was fired. He asked Council to look to replace Mr. McMahon with someone with more qualifications so the City who elected Council would get a better deal. The following residents spoke in opposition of Mr. McMahon. Bill Muller, 17 Wildwood Drive, stated he has been around since 1980 and feels a lot has been done without Mr. McMahon. He doesn't believe he was god sent down to save the City of Edgewater. He feels Mr. McMahon is over qualified to work in a small city like Edgewater. Jeanne DelNigro, 3130 Tamarind Drive, spoke about the previous Council and Mr. McMahon saying they worked on a bare bones budget. Where did this $1 million come from? She feels the streets are going to have to be paved again in the next two years. She further spoke about the retention ponds in Florida Shores. Ms. DelNigro told Mr. McMahon he has milked the City enough and to step down and let Council get on with what they have to do. She feels he should stop pussy footing around. Andy Anderson, pine Tree Drive, stated he has spoken to 2,000 people over the past five or six years and 90 to 95% of the people were very unhappy. He further spoke about reasons the people were unhappy. Page -8- Council Regular Meeting November 3, 1997 "w'" ....., Mr. Anderson commented about the debt load of the city. Mr. Anderson spoke about the paving project and the retention ponds. Dee cucanich, 1906 Travelers Palm Drive, stated she supports the new Council in whatever they do tonight. Dominic Capria, 606 Topside Circle, stated he does respect Mr. McMahon but this is a Council decision who has a right to make that decision. Mr. Capria commented on three months severance. the dollars spent which people are calculating. the contract for Mr. McMahon including He hopes to see in the newspapers soon he thinks will be lower than what the Robert Pogg, 2925 Yule Tree Drive, stated the people have been yelling for two years to clean out City Hall. He thinks Mr. McMahon has done a decent job. The voters asked for City Hall to be cleaned out. Every department head, everybody looked at, and if you don't like them and they aren't doing their job, then get rid of them. Council made a decision, stick with it. If you don't stick with it, your credibility will be no good for the rest of the year. Ed Keenan, 1905 pine Tree Drive, spoke about the City's insurance, sending water south and the roads in Florida Shores. He agreed with the method used to fire the City Attorney and City Manager. Mayor Allman closed the public hearing. Councilwoman Lichter reaffirmed her feelings. She made a motion to reinstate George McMahon as City Manager, second by Councilman Gornto. Mayor Allman asked if there is any further discussion. The motion DID NOT CARRY 2-3. Mayor Allman, Councilman Roberts and Councilman Hammond voted NO. CONSENT AGENDA A. satisfaction of alarm permit lien B. Subdivision/replacement bond for Radnor/Edgewater, Inc. Regarding Edgewater Landing Phase III in amount of $10.000 C. Lease of new copiers for city Hall and Fire/Rescue Department D. Maintenance agreement with Technicians Unlimited. Inc. For copy machine located in Finance Department Councilman Gornto made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Appointment to Volusia Council of Governments (Postponed 10/20/97) B. Appointment to Metropolitan Planning Organization (Postponed 10/20/97) Councilman Roberts made a motion to appoint Mayor Allman to the Volusia Council of Governments and Metropolitan Planning Organization, second by Councilman Gornto. The motion CARRIED 5- o. Page -9- Council Regular Meeting November 3, 1997 v ..""" C. ~ppointment to Metropolitan Plannin9 Or9anization citizens Advisory Committee due to resi9nation of Elmer Rector (Postponed 10/20/97) Councilman Roberts asked if this is a citizen at large and if they have applications for this. Interim city Manager Hooper stated the ones in the package are the ones that have been submitted. The reason he brought this before Council is because there are meetings coming up in November. Councilwoman Lichter made a motion to appoint John Moore as the citizen representative to the Metropolitan Planning Organization citizens Advisory committee, second by Councilman Hammond. The motion CARRIED 5-0. D. Appointment of member and alternate to Volusian Water Alliance Board of Representatives (Postponed 10/20/97) Councilman Roberts made a motion to nominate Councilman Gornto. Councilman Gornto informed him he would rather pass. Councilman Roberts made a motion to nominate Councilwoman Lichter to the Volusian Water Alliance Board of Representatives, second by Councilman Gornto. Councilman Hammond made a motion to appoint Councilman Roberts as the alternate to the Volusian Water Alliance, second by Councilman Gornto. Councilman Roberts asked if an alternate needed to be appointed to VCOG and MPO. He was informed no. The motion CARRIED 5-0. E. Appointments to Animal Control Board There was a brief discussion regarding a veterinarian serving on the Animal Control Board. Councilwoman Lichter made a motion to appoint Donna Wagner, second by Councilman Hammond. The motion CARRIED 5-0. Councilman Roberts made a motion to appoint Robin Hendricks, second by Councilman Gornto. The motion CARRIED 5-0. Councilwoman Lichter made a motion to appoint Elizabeth Scavarda, second by Councilman Gornto. The motion CARRIED 5-0. Councilman Roberts made a motion to appoint Melissa Ridner Mitchell, second by Councilman Gornto. The motion CARRIED 5-0. Councilwoman Lichter made a motion to appoint Robert W. Schmitt, second by Councilman Hammond. The motion CARRIED 5-0. F. Appointments to Beautification and Tree Committee Councilwoman Lichter made a motion to appoint Mike Visconti, second by Councilman Gornto. The motion CARRIED 5-0. Councilman Gornto made a motion to appoint William Tanksley, second by Councilman Roberts. The motion CARRIED 5-0. Councilman Lichter made a motion to appoint Felicia Ver Way, second by Councilman Hammond. The motion CARRIED 5-0. Interim City Manager Hooper informed Council there were additional applications that came in after the agenda closed that were put at their stations. Page -10 Council Regular Meeting November 3, 1997 V' ....., There was a brief discussion regarding applications submitted by Karen Hall and Donald Shaw who are interested in sharing a term. Councilwoman Lichter feels it is wonderful to involve snowbirds but she thinks for the continuity of the board and Charter, the Council should stick with the way things are set up, unless this gets changed. Councilman Roberts asked Ms. Hall serve as a standard board member. the agreement with Mr. Shaw and to who can serve but to consider them if she would be willing to Ms. Hall explained she made go ahead and appoint someone for an Ad Hoc Committee. Councilman Hammond made a motion to appoint Eleanor German, second by Councilman Gornto. The motion CARRIED 5-0. Councilman Roberts made a motion to appoint Patrick Conway, second by Councilman Hammond. The motion CARRIED 5-0. G. Appointments to Veterans Park Advisory Board Interim City Manager Hooper asked that this item be postponed due to members of this board having to be affiliated with various association and not being verified yet. Councilman Roberts asked how many members need to be appointed. City Clerk Wadsworth informed Council there were three members to be appointed. Councilwoman Lichter asked if this item could be brought up at the November 10th meeting. Interim City Manager Hooper informed Council those meetings could be changed to Special Meetings if the majority of Council decide that so action could be taken. Mayor Allman asked if they could start with a Special Meeting and adjourn and go into a workshop. Interim city Manager Hooper informed him yes. Mayor Allman entertained a motion to change the November 10th meeting to a Special council Meeting followed by a workshop. Councilwoman Lichter so moved, second by Councilman Gornto. Councilwoman Lichter asked that at the next workshop meeting they consider the vacancies that are recommended to them that are available. Mayor Allman reiterated a motion has been made that November 10th a special Meeting be called in order to fill vacancies on boards that are provided the board chairman or existing boards have provided Council with recommendations or applications of future appointees, second by Councilman Gornto. The motion CARRIED 5-0. There was a five-minute recess at 9:07 p.m. H. Interlocal Agreement with Volusia County dedicating funds to Edgewater Library parking lot expansion Interim City Manager Hooper presented the background information and recommendation pertaining to the Library parking lot expansion. Page -11- Council Regular Meeting November 3, 1997 'w" ...."" Councilman Roberts asked if there are any additional funds needed besides the $125,000 given by the County. Interim city Manager Hooper informed him no sir. In the package is a cost breakout that identifies the projections and cost estimate from the City which total $124,700. He stated there will be public hearings or meetings conducted at the Library. Councilman Gornto asked if the cut from Indian River Blvd. that is now dirt will be paved prior to or simultaneous with the parking lot. City Engineer Kyle Fegley stated that section of Alamanda right-of-way is proposed to be paved concurrently by another developer with their proposed improvements immediately east of Alamanda right-of-way. City Engineer Fegley elaborated on the proposed parking lot plans. Councilman Gornto asked if the developers site plan turn the waterway and run the waterway north and culvert the waterway and move it north of Indian River Blvd. to enlarge that property. City Engineer Fegley stated it does realign the E-1 canal that reverts through that property. Councilman Roberts asked if there are any plans for landscaping around the new parking area and if it is included in the budget or is that something that will have to be dealt with later. City Engineer Fegley explained the $125,000 is a not to exceed monetary sum. It includes everything from concept design to layout. Landscape is not shown. It is very preliminary. He was just trying to get an idea on paper and meet the setback requirements. He further elaborated on plans for the parking area. Councilman Roberts asked if the stormwater work has been approved by st. Johns River Water Management District. City Engineer Fegley explained none of the permitting has begun. Upon approval of this item, he needs to proceed with the PO and get some geotechnical work so the stormwater system can be designed to meet st. Johns criteria. Councilwoman Lichter stated in other words, this inter local agreement is just a basic agreement that Council would accept the general concept and that they will give us the money that we should lock in as quick as we can and the other details will come out at a hearing. Mr. Fegley informed her that is correct. Councilman Roberts asked if the layout of the new parking area is something the County came up with or Mr. Fegley came up with. City Engineer Fegley explained that is merely his plan. He went on to explain why the two lots are not connected and will not be connected. Interim City Manager Hooper asked if this normally would come back to Council. Mr. Fegley informed him no. Interim city Manger Hooper informed Council if they wanted this to come back after preliminary design staff can bring it back if they want to see it one more time. Councilman Roberts expressed concern with there being two separate parking lots. He questioned having handicap sidewalks because of the elevation from the new parking lot up to the door. Mr. Fegley explained what is proposed is a staircase so it would not be readily handicap accessible. Councilman Roberts feels signs should be posted to notify people if they pull in there there is no handicap access. Councilwoman Lichter asked how many handicap parking spots are at the Library right now. Mr. Fegley explained there are two required by the use of the facility. Page -12- Council Regular Meeting November 3, 1997 .,...,.. , """'" councilman Roberts stated since there is no landscaping plan drawn in this, maybe this is an opportunity for the new Beautification Committee to jump into action after final site plan of the parking lot layout is approved. Councilwoman Lichter made a motion to accept the inter local agreement with Volusia County dedicating funds to Edgewater Library parking lot expansion, second by Councilman Roberts. The motion CARRIED 5-0. I. Request of Assistant City Manager to be named Acting city Manager Interim City Manager Hooper had no comments and feels this is an issue that is just before the Council directly. Assistant City Manager/Finance Director Fred Munoz presented reasons why he feels he should be appointed as Acting City Manager and what he would do if appointed as City Manager. He also spoke about items of concern for the future in Edgewater. Ben DelNigro, 3130 Tamarind Drive, stated Mr. Munoz said he had the tools to run the City, but his personal opinion is he feels his tool box is empty. Donald Price, 302 S. Ridgewood Ave, spoke in support of appointing Mr. Munoz as the Acting City Manager until a City Manager is hired. John Moore, 2354 Fern Palm Drive, sees one reason why Council would not appoint Mr. Munoz as Acting City Manager being they don't agree with his political beliefs. He spoke about saving money by appointing someone who is familiar with the job that has been doing the job. Robert Pogg, 2925 Yule Tree Drive, spoke about Mr. Munoz having a lot of credentials but he just heard him speak about all of the things Edgewater needs. He asked how much money is going to.be taken out of his pocket. He doesn't want to see taxes go up. Paul Jenkins, Willow Oak Drive, feels Mr. Munoz should be appointed short term Interim City Manager to cut the cost and save money. He feels Mr. Munoz can help Council learn. Dick Martinez, 317 Schooner Ave, agreed with Mr. Jenkins. He feels there is someone on staff being paid for the job of Assistant City Manager. Doris Hill, 112 Lincoln Road, suggested Council use Mr. Munoz being he is already Assistant city Manager. She feels Council needs to decide if they are going to squander the taxpayers money away or whether they are going to act in a responsible manner. She feels he is the man for this job. Bill Gleason, 2904 Mango Tree Drive, spoke in support of appointing Mr. Munoz as Assistant City Manager. Councilwoman Lichter stated she would make a motion at the appropriate time and then she will discuss it. Councilman Roberts feels Mr. Munoz may have been doing a fine job as a Finance Director but he feels that is where he should stay. It is time for new administration. He doesn't see any sense in keeping someone from the old administration running things. He feels the Interim City Manager is doing a fine job and they should keep him on until they find a permanent replacement. He does not see the need for having someone with the title Assistant City Manager. If you have a City Manager doing the job, there is no need for it. He would like to keep Mr. Hooper on until they find a replacement. Page -13- Council Regular Meeting November 3, 1997 'W" ....." Councilwoman Lichter does not feel Mr. Munoz came up here for a plea to be put on as permanent manager although she knows his application will be one of many. She feels Mr. Hooper has been cordial and professional considering the position he has been put in. She feels this is a practical matter. She spoke about Mr. Munoz already having the title Assistant City Manager. She spoke about the potential of $2,000 per week. She feels it will take until the end of December to review the applications and find someone that is compatible with Council. Councilwoman Lichter spoke about Mr. Hooper not being here all day long and he is doing what he can as Interim but in a sense part-time and the other time Mr. Munoz takes over anyway. Councilwoman Lichter spoke about the reputation of the City. She stated when it comes time to make a motion she will make a motion to let Mr. Munoz do the job he has the title to do until they find a permanent City Manager. Councilman Gornto spoke about not being familiar with Mr. Munoz's capabilities and background until he was given his resume. He doesn't feel his tool box is empty. He spoke on his credentials. Councilman Hammond stated he is not doubting Mr. Munoz's qualifications. He stated there are things he is still looking into. He doesn't want to rule out Mr. Munoz yet and would like to table this. Mayor Allman stated he has one problem with Mr. Munoz. His resume and credentials are fine and the problem he has is being accused of a crime he did not commit. He can't place trust in a person that falsely accuses him when he knows the truth and he can't ask the City to place the trust at this time either. Interim city Attorney Clayton explained at any given point during their sessions, Council can discuss and bring up matters so that if they were to make a vote today that were a negative vote, you could bring up tomorrow and the next day and the following day until it turned into a positive vote whatever matter was being discussed. If Council feels tabling it is something they want, it is an appropriate motion. If Council feels like they want to table something because they are not sure about whether it could be reconsidered, what she was trying to do is help them understand if they wanted to have this matter brought up at any time, Council could request it be brought up no matter whether they voted for or against a motion tonight. Councilman Hammond questioned if a motion is made, he could say no but he could bring it back up. Councilwoman Lichter questioned bringing an item back up at a regularly scheduled meeting or at a workshop meeting. Interim city Attorney Clayton explained figuratively speaking, Council does not have to be bound by a vote that was taken today in their actions tomorrow. Council can change their mind from today to tomorrow to the next day. Councilwoman Lichter questioned if someone makes a motion to table, there is no further discussion. Interim city Attorney Clayton explained parliamentary procedure says a motion to table is a nondebatable and you just call for a vote. If that is what Councilman Hammond wants to do, he would have to get a second to the motion and then there would be no discussion. Councilwoman Lichter made a motion to appoint Fred Munoz as Acting City Manager until they fulfill the position in a permanent manner. The motion DIED for lack of a second. Page -14- Council Regular Meeting November 3, 1997 .'w' ...., J. Proposed professional services contracts for Interim City Attorney and Interim City Manager Councilwoman Lichter questioned if they should check to see what happened to Mr. Gornto. Interim city Attorney Clayton explained there is no responsibility for Council to account for the whereabouts of individual members if a person gets up and leaves. It is his/her prerogative. Interim City Manager Hooper made a staff presentation regarding the contracts presented by him and Interim City Attorney clayton. Interim City Attorney Clayton further elaborated on the contract presented by her. Councilwoman Lichter questioned the price starting on October 7th. Interim City Attorney Clayton informed her that is correct. councilwoman Lichter asked about out of pocket expenses not entailing travel from her home to here. Interim city Attorney Clayton explained no and that would only be as Mr. Hooper outlined whether or not those out of pockets were authorized by the City Council. Councilwoman Lichter questioned if this includes attendance at meetings. She feels there are three commissions that should have an attorney on board: Land Development & Regulatory Agency, citizen Code Enforcement Board and the Animal Control Board. She questioned Interim City Attorney Clayton receiving $100 per hour for attending a meeting. She asked if the $100 will start when she leaves her house and include expenses. Interim City Attorney Clayton explained it would not include those trips and she would not include the mileage nor would she begin the clock as she leaves her home to go to any of those meetings. Councilwoman Lichter questioned Item 7 - Entire Agreement stating "There have been no prior agreements, representations, statements, negotiations and undertakings between the parties." She questioned this being the issue of a court case. She questioned this being eliminated from the contract. Interim City Attorney Clayton stated yes it can certainly be eliminated. That is boiler plate to talk about whether or not there has been a process of negotiation. It is standard practice to try and make the document include all the progress of negotiation in a standard negotiating of a contract. This is one of those instances in which, although you are correct, that there may be issue as to that language. That language does not in any way refer to Council, or the City or anyone else being bound as to whether or not, in fact, any prior existed in this particular instance. She would be happy to take that out. Councilwoman Lichter would feel more comfortable if it wasn't in there. Councilwoman Lichter made a motion to strike "There have been no prior agreements, representations, statements, negotiations, and undertakings between the parties" from the contracts presented by Interim city Manager Hooper and Interim City Attorney Clayton, second by Councilman Hammond. The motion CARRIED 4-0. Interim City Attorney Clayton questioned if Councilwoman Lichter's motion was anything other than a reduction of language There was no action taken by Council on the contracts. Councilman Roberts made a motion to approve the contracts for Interim city Attorney Clayton and Interim City Manager Hooper as they are written except for line item struck as a result of a previous motion. Councilman Hammond clarified at any time, when the vote comes up, the Interim city Attorney and Interim City Manager will be released of their duties. Page -15- Council Regular Meeting November 3, 1997 ......,.. ."." Councilman Roberts stated all City Managers and City Attorneys work at the will of the Council. Councilman Hammond seconded the motion. The motion CARRIED 4-0. K. Convert the Lake Doctors, Inc. agreements for treating 21st street and Mango Tree lake and 21st street and Lime Tree lake from seven (7) treatments a year to twelve (12) treatments annually Interim City Manager Hooper made a brief staff presentation. He informed Council City Engineer Fegley was available to answer any questions. Councilman Roberts asked how long Lake Doctors have been doing this service for the City. city Engineer Fegley stated it has been longer than his tenure which is in excess of five years. Councilman Roberts questioned if seven treatments has been standard for all those years. City Engineer Fegley explained no, what occurred approximately four years ago, in an effort to try and reduce some of the outside consultant services, the City reduced and eliminated in some larger lakes any chemical application and went with an aerator. Even though it helped dissolve oxygen content, it really didn't eliminate the emergents or the algae. These ponds, approximately five years ago, were treated full time year round and there wasn't the magnitude of complaints until we went to that alternative. We have looked at several alternatives. In going to a partial application during the winter, it just does not have the concentration that we need to reduce the top growth, the algae. The greatest reward we get when we go year round is free call backs. We currently have that on three lakes in the city. If there is any problem, typically they respond in a two day time frame. This item has been budgeted. Councilman Hammond made a motion to approve this request. Mike Visconti, 316 pine Breeze Drive, spoke about having a retention pond in Meadow Lake subdivision and they had algae problems and they cleaned it up. They cleaned up the algae and put in African Carp which eats the algae. with the aerator it does make a big difference. He suggested Council look into the African Carp dealer. Councilman Hammond stated he was told the Carp were put in some of the city lakes. City Clerk Wadsworth explained that is correct. Mr. Fegley explained that is a good supplement for the grass but not for the surface or the algae material. There was further discussion regarding putting African Carp in the lakes. Councilman Roberts asked Mr. Fegley if his department has looked into any alternatives such as environmentally friendly systems that would do the same job. Mr. Fegley elaborated on an alternative they have looked at but he doesn't feel it will completely resolve the problem of the surface algae. Councilman Roberts made a motion to accept Item 7K. Dick Martinez, 317 Schooner Ave., explained Edgewater Landing has four retention ponds and they have similar problems with bottom weeds and algae. He stated there is no one single solution. Councilwoman Lichter seconded the motion. The motion CARRIED 4- o. Page -16- Council Regular Meeting November 3, 1997 .~ ......, L. Retaining Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick in reference to News Journal corporation vs City of Edgewater, Randy G. Allman, Gary W. Roberts, and Myron F. Hammond Interim city Attorney Clayton explained this item is based on a matter of practice in which where an attorney is going to be called as a witness in a matter, you are going to have a situation that becomes untenable, the witness representing the client. The fact is that she will likely be called and it has been confirmed by the counsel for the News Journal, as a witness by the News Journal in their litigation against the City. It became clear she needed to evaluate whether she could effectively represent the City and the three named defendants. She discussed this with her many colleagues around the state and it was clear that the appropriate course of action would be for her to recommend to Council the firm above after having looked at a variety of firms. Interim City Attorney Clayton elaborated on why the above firm stood out over the others. She informed Council Mr. Kornreich was available to answer any questions. Mayor Allman spoke about the insurance policy that could alleviate this. Interim City Attorney Clayton explained Mr. Munoz sent a memo to Mr. Hooper and her with respect to an insurance policy and she looked at the same information and came to the directly opposite conclusion which is that there is absolutely no coverage for the City under its insurance policy for this matter because of the fact that the News Journal is not seeking money damages and the coverage is only where monetary damages are being sought. It also appears that there is no coverage for the city's defense requirements. Under the policy, it appears to be an exclusion that the city is provided no defense at the expense of the insurer in matters of litigation. For that reason, she sees no recourse to the insurance company and confirmed that this morning. Councilwoman Lichter stated this matter came up four weeks ago and questioned if the City has asked the insurance company in writing for a response if they would cover this type of situation. Interim City Attorney Clayton explained the policy itself excludes it. Councilwoman Lichter stated there was supposed to be 20 days response for the alleged charges and questioned who took care of that. Interim city Attorney Clayton explained today is the answer day and she has filed a motion for leave to extend the time and set the hearing on that motion with Judge Orfinger for November 17th. The motion being filed today tolls the time and that could give the City Council time to consider her recommendation for retaining the firm of Mr. Kornreich. David Kornreich congratulated Council on how orderly things were this evening. In the course of his representation of seventy public employers, he gets to sit through many City Council meetings. He spoke about how Council got through a controversial agenda in an orderly manner. He promised Council a vigorous representation. He feels their record speaks for itself. Councilwoman Lichter stated these alleged infractions occurred after the election but before swearing in. Does the town have an obligation under those circumstances to defend. Interim city Attorney Clayton stated it is her opinion they do. Page -17- Council Regular Meeting November 3, 1997 W' ~ Councilwoman Lichter asked if the alleged accusations occurred before the swearing in although the end result happened after. Mr. Kornreich explained the law is pretty clear and once a public official is elected that public official becomes subject to these laws. Additionally the relief being sought in the complaint goes to the Councilmembers forever in the future. The remedy being sought effects you each and every day from now on. Councilwoman Lichter questioned if it is customary to have one law firm only presented to Councilor isn't it not more customary to have a choice. Interim City Attorney Clayton explained when you have matters that are routine which you have numerous firms that can handle them with expertise, then it is appropriate to ask for competition among the firms. In this instance, she has already spoken to the lawyers lawyers around the state that she has worked with in the past, and it is her recommendation that under this circumstance that in this particular instance that we have available to us someone whose credentials in the County are such that it would sway at least the weight of my recommendation although there may be others in Miami or Tallahassee, David is within reach of this courthouse and has experience with this courthouse. Councilwoman Lichter questioned if there is a cap on the type of moneys that might be put out in this type of case. Interim City Attorney Clayton explained there is no cap because it can go on as long as the plaintiff wishes to take it or until we can disprove the case. In terms of cap, there is no cap other than when the case is over. Councilman Roberts asked for clarification regarding people being under the impression that just the three councilpeople are named in this suit but the City of Edgewater is named in the complaint. Interim city Attorney Clayton explained the City is the first named and then three individual councilmembers are named. Councilman Roberts made a motion to retain Muller, Mintz, Kornreich, Caldwell, Casey, Crosland and Bramnick, second by Councilman Hammond. The motion CARRIED 3-1. Councilwoman Lichter voted NO. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Ed Driscoll, 26 Blue Heron Drive, commented on a problem he had regarding animal control. He and his wife lost a family pet due to callousness of a neighbor on North Pelican Lane. They purposely trapped his cat in their garage for three days, under the direction of Robin Feger, who is contrary to the law which she helped write. By confining this cat to the garage, it was not under the supervision of an animal control officer or anybody qualified to do this. Mr. Driscoll further elaborated on the situation with his cat being ordered to be immediately put to sleep. He feels there was a blatant disregarding by ACO Robin Feger for the laws that were adopted by the City Council in July 1997 which she helped write. Mr. Driscoll hopes that by him bringing this to Council's attention he can prevent it from happening again. He feels there was no attempt by anybody involved to contact him and his wife. He feels some measure has to be taken so this doesn't happen again. Mayor Allman asked Interim City Manager Hooper and Interim City Attorney Clayton to look into this. Page -18- Council Regular Meeting November 3, 1997 ..,. ..", Candice Natoli, 2501 35th street, feels there is a formidable amount of names on the list pertaining to the petition she originally presented. She asked for an accounting of the signatures on the petition and would like to see a response to that due to other people helping obtain signatures due to her not being available because of her mother's home being destroyed in New Smyrna Beach. Ms. Natoli explained she could account for 150 names. She didn't realize so many people were interested in the effort. She hopes Council is as well. How can that be given so Council recognizes the number of citizens that participated. Mayor Allman stated he is sure the newspaper will report it. Ms. Natoli commented on the departure of Councilman Gornto. She questioned there being an option for the Mayor to have sent an officer to see the man's well being before we proceeded with the vote. She feels it seemed that we didn't know what happened to him and we proceeded with the vote out of lack of courtesy rather than having sent someone out and made assurance he was no longer going to participate. Mayor Allman explained it could be taken any different way, it could be his way of protesting or maybe he didn't want to vote on that matter as it was coming up. We can't speak for Councilman Gornto. Ms. Natoli explained her concern was that it appeared no one had searched before the vote. Council voted and then looked for him. She asked if Council had an option to wait until that matter was cleared before you voted. Interim City Attorney Clayton explained each individual elected official is responsible for his presence at meetings. Ms. Natoli asked out of courtesy, did he have the option to wait until we made sure he didn't have a heart attack in the parking lot. Mayor Allman stated he is sure they could have given him that option if we called another break to find out what was wrong. Interim City Attorney Clayton explained that is not standard practice because anyone who wishes to disrupt a meeting to begin to behave like that, as she has said before, every elected official is responsible for his presence at the meeting. Ms. Natoli stated so technically we could not allow that courtesy. Mayor Allman reiterated that Interim City Attorney Clayton said that each individual councilmember is responsible for their own attendance at meetings. If they chose to get up and leave, that is their prerogative. Ms. Natoli stated but you also have the option or could have been told you have another option. Is that true? Interim city Attorney Clayton stated no, that is not true and the facts speak for themselves. The Chief did go out and check. Ms. Natoli stated after the vote. Mayor Allman stated there was no vote on that issue. The motion died because of a lack of a second. City Clerk Wadsworth informed Council she did a quick count on the signatures and there were 322 signatures on both petitions combined but wouldn't verify that until she counts them again. Page -19- Council Regular Meeting November 3, 1997 '-' ""'" '" Michael Yuhon, 1853 Evergreen Drive, agrees with Council that while there are a lot of difficult issues and there are a lot of things where they don't agree, it also seems to him that there are a lot of things they do agree on and on those that they agree there is a lot of courtesy extended. He encouraged that level of cooperation in areas where that is possible. He doesn't agree with everything Council does but he hopes the level of cooperation happens and he hopes the citizens of this community, if their side lost, get behind the new Council and help and work together. He wished the new Council good luck. Mike Visconti, 316 pine Breeze Drive, asked in the firing of the city Attorney and city Manager, if we are saving money or losing money and how much. Interim city Attorney Clayton explained that isn't going to be measured at the moment and she guesses the best thing one could suggest, if he wants to stay tuned and seek accountings, the financial records will be open for inspection as the process goes on. It is a very difficult proposition to prove the negative. Charles Gianino, 1909 S. Riverside Drive, unit #6, spoke about the hiring of the new city Manager. He feels there is no way we will get a City Manager in the City by January 2, 1998. He would be surprised to think Council will have one by April 1, 1998. He spoke about interviewing applicants. He feels Council is looking at six months. He stated as far as Councilman Gornto is concerned, he is the President of a bank. He doesn't feel anyone should worry about how he walked out of here. He would have said to someone to be excused. He is a professional man. He hopes his health is well. Andy Anderson, pine Tree Drive, stated he would be interested in knowing if any of the people that lost in the election have offered their services to the winners. He asked Council if that has happened to any of them. He feels it should have. He feels what we have in this City is a bunch of sore losers. He feels the least they could have done was offer to help. Interim City Attorney Clayton explained with one exception that she is familiar with, Mayor Hayman has offered his assistance in the transition. Mr. Anderson stated he is talking about the ones that have lost. He isn't talking about Mr. Hayman. He just quit. Ed Keenan, 1905 pine Tree Drive, recalled reading many times the Mayor/Manager magazine which supplies names of people and recommendations. He informed Council if they can't find a new City Manager by January or even January 15th he will be disappointed in Council. He thinks Council will probably do a good job doing it. OFFICER REPORTS city Clerk Wadsworth had nothing at this time. Interim city Attorney 11 For information only - Completion of Dept. Of Justice investigation re: ADA Complaint Interim City Attorney Clayton stated the Department of Justice has completed their investigation and found no violation of the Americans with Disabilities Act in the Parks and Recreation matter in which a young man was having trouble based on what he alleged was an inability to play softball the way he wanted to. It turned out the Department of Justice has determined that he was too old for the league in which he wanted to play so it was not an ADA violation. She thought Council would be pleased to know that has been disposed of. Page -20- Council Regular Meeting November 3, 1997 ..... 'tit. .. Interim City Manager Hooper explained they have run ads in four newspapers throughout Florida for the permanent City Manager position. We have received approximately 20-25 applications. The closing date is December 6th. ADJOURNMENT There being no further business to discuss, Councilwoman Lichter made a motion to adjourn, second by Councilman Hammond. The motion CARRIED 4-0. The meeting adjourned at 10:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -21- Council Regular Meeting November 3, 1997