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10-06-1997 - Regular 'W' ..."., ,1 CITY COUNCIL OF EDGEWATtR i' REGULAR MEETING OCTOBER 6, 1997 7:00 P.M. COMMUNITY CENTER MINUTES. CAJJL TO ORDFJ.R Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CAlLL Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Excused Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGI~~CE The invocation was delivered by Pastor Foldy, Edgewater Alliance Church. There was a pledge of allegiance to the Flag. PLAQUE PRESENTATION1\ ". Mayor Hayman presented plaques to Councilman Hatfield, Councilwoman Martin and Councilman Mitchum. Councilman Mitchum presented Mayor Hayman with his plaque. APPROVAL OF MINUTES A. Regular Meeting of August 18, 1997 Councilman Hatfield made a motion to approve the August 18, 1997 minutes, second by Councilman Mitchum. The motion CARRIED 3-0. Mayor Hayman abstained. B. Special Meeting of Septemb~, 1997 Councilwoman Martin made a motion to approve the September 3, 1997 minutes, second by Councilman Hatfield. The motion CARRIED 3-0. Mayor Hayman abstained. C. Special Meeting of September 8, 1997 Councilman Hatfield made a motion to approve the September 8, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 3-0. Mayor Hayman abstained. D. Regular Meeting of September 15, 1997 Councilwoman Martin\made a motion to approv~ the September 15, 1997 minutes, seconh by Councilman Hatfield~ The motion CARRIED 3-0. Mayor Hayman !abstained. E. Special Meeting of September 22, 1997 Councilman Hatfield made a motion to approve the September 22, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. '-' 'W F. Special Meeting of October 1, 1997 councilwoman Martin made a motion to approve the October 1, 1997 minutes, second by Councilman Hatfield. The motion CARRIED 4-0. OUTGOING COUNCIL COMMENTS vice Mayor Martin presented her closing statements. Councilman Mitchum expressed his sincere appreciation to the citizens of Edgewater, his colleagues, and city staff. Councilman Mitchum stated he has a sincere wish that the new Council has the support of the entire City of Edgewater as they move to an unknown arena but something that has been mandated by the election and certainly they deserve the support. Mayor Hayman thanked his wife, his family and his colleagues. He commented on learning citizenship in the five years he served as M~yor. He spoke abput what he has learned from the citizens and hlS colleagues. ~l I 'I ' I' Mayor Hayman wished the new Council God Speed. Councilman Hatfield stated he said his closing statements at the September 15th meeting and had nothing to say except Good Luck and God Bless to the new Council. ADJOURN SINE DIE Councilman Mitchum made a motion to adjourn sine die, second by Councilwoman Martin. The motion CARRIED 4-0. The meeting adjourned at 7:17 p.m. Mayor Hayman asked for the new Council to come forward. SWEARING IN OF NEW COUNCIL City Clerk Susan Wadsworth swore in the new Council. CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:20 p.m. in the Community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Ha~mond Councilman Gary Ro~rts Councilwoman Judith! Lichter city Attorney Krista Storey City Manager George McMahon city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Prepent pre~ent Pre,sent I Present Present Present Present INCOMING COUNCIL COMMENTS Councilman Hammond thanked everyone who supported him. He looks forward to supporting the city. Councilman Roberts thanked everyone who supported him. He feels they have a long two years ahead of them and there are going to be a lot of changes. We need to regroup and focus on a vision for the city. He feels with a new Council they can make a future for their children and really turn this place around. He would like to see more people involved in Council meetings, advisory boards and their community. Page -2- Council Regular Meeting October 6, 1997 , 'I if '-'" .",.I Councilwoman Lichter thanked the voters of Edgewater for the confidence they have shown in her. She hopes the new Council can work in harmony and good faith for the benefit of the city. She feels when they differ, that they can still respect and trust each other and go forward for the betterment of the City. Mayor Allman feels tonight they are beginning a new era in the city of Edgewater. He is looking forward to getting to know the citizens of Edgewater. It is a new type of government in the city today. It is where you all have a voice and we will all listen and pitch in and do what we can to make this City what we know it can be. We can make it a hospitality city. He looks forward in leading this Council to the one goal of making this a place where everyone can be proud to call home. Councilman Gornto stated he is honored to be sitting in the seat of Councilman Hatfield. He congratulated the other members of Council for the win they posted. He stated now that the election is over and the new Council is seated, he hopes they will put aside some of the debates and get about doing the peoples business. APPROVAL OF MINUTES There were no minut$s to be approved. JI CITIZEN COMMENTS RE~ARDING AGENDA ITEMS ONLY Don Masso, 317 pine Breeze Drive, Chairman, Land Development & Regulatory Agency, congratulated the new Mayor and Council. He recommended appointing Mr. Calabrese and Mr. Mullen, Jr. and requested Council consider his recommendation. Robert Pogg, 2925 Yule Tree Drive, congratulated and thanked the new Council for taking over the City of Edgewater. He spoke about the elderly, disabled and low income people. He stated this City is number two per capita. He would like to see the City get back down to number four or five. He asked Council to consider the people that make up Edgewater. Mr. pogg feels there is only one way to do this. He asked the Council to take every department head and every budget and go through it and clean out all the waste. Jacob Lodico, 302 N. Riverside Drive, informed Council if there is anything they need to know he can help them. He wished the new Council good luck. Ron Prekup, 1829 Lime Tree Drive, stated he has never been so frustrated when he used to corne into city Hall or a Council meeting and get the complete run around and lack of answers. He stated he was one of the original people who started the Clean Sweep Edgewater. He asked Council to be responsive to the citizens and individual people in Edgewater. I , Roger Watkins, 2730~Mango Tree Drive, asked!Council to set asid~ a meeting where they can hear the individuai suggestions and grievances and maybe give Council some ideas. Dominic capria, 606 Topside circle, congratulated the new Council. He hopes there will be some changes in the future for the benefit of the City of Edgewater. He hopes this is not being used as a stepping stone. He thinks the new Council will work for the City of Edgewater. He noticed the past Council had already left except Mayor Hayman. Page -3- Council Regular Meeting October 6, 1997 .... "'-'" CITY COUNCIL REPORTS Councilwoman Lichter commented on a possible agenda for Council to have a workshop that she received and appreciated from City Manager McMahon. Councilwoman Lichter would like to see the following issues addressed at workshop time: revisiting the Charter, placing a light at the Post Office, having a liaison between certain non- quasi legal boards and commissions and the Council so they can further the goals, a more professional way of interviewing people for boards and commissions to include creating criteria for the qualities needed on the boards and commissions, citizen comments and giving the citizens more voice, the permitting process for builders, and whether there is something they can do to better the relations with the County Council. If there is not she would like to put the matter to rest. If there are positive steps they can take, she would like to explore those. Councilman Gornto atreed they need to have ~ workshop to set some goals. He recommentled holding a workshop as soon as possible. He is still unsure of himself with regard to the Sunshine Law. He feels the Council needs to understand that law very quickly. He feels they need a strategic plan and lay the ground work. Councilman Roberts also feels Council needs to hold a workshop. He would like to see Council have workshops with all the advisory boards. He feels they need to meet all the members on the boards, find out what vacancies need to be filled and get a complete list of all the applicants. Councilman Roberts feels they need workshops with the general public and all of the departments. They need to meet with one department at a time and figure out what works and what doesn't in this city. He feels before they start jumping into making decisions they need to do their homework a little bit more. He feels some of the items on the agenda should be tabled so they have more time to look into them and a little more insight into what they are dealing with. Mayor Allman recommended continuance of all agenda for the Consent Agenda and the appointment of Vice the next regular Council meeting on October 20th. motion to that affect. items except Mayor until He asked for a Councilman Hammond so moved, second by Councilman Roberts. Ms. Lichter stated she is agreeable to go along with that but expressed concern rkgarding the Land Develo~ment & Regulatory Agency. without on~ more member, she is nOt~ sure they have a quorum. Mayor Allman stated the motion has been made and seconded and there is no discussion. Former Mayor Jack Hayman stated with all due respect, parliamentary does make a provision for a discussion following a motion and a second to the motion. Discussion regarding the suggestion of a member of the Council regarding the original motion is in order. What would be more appropriate parliamentary wise would be not to call for a vote, but to ask for there being any further discussion on the issue. There being none, then ask for the roll call vote. Page -4- Council Regular Meeting October 6, 1997 A I I Iii . \ .., ~ Ms. Lichter asked if City Attorney storey or Community Development Director Mark Karet could help her which might make a difference in her thinking about the vote if the LDRA has applicants in front of it that will be held up because of that. city Attorney storey explained the LDRA consists of seven members so as long as there are at least four members in attendance, you would have a quorum for most of the general items. with two seats vacant, there are five members. Gary Roberts recommended holding off until they speak to the people that have applied for the seats and get to know who they are and what their background is. The motion CARRIED 5-0. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. 97-R-26 opposing Volusia County's proposed $25,000 non- refundable permit application fee for ALS services This item was continued until the October 20th meeting. ~. Re~uest for graJlt o~ variance from shoritline buffer and lmpervlous surface requlrements (VA-0297). iRes. 97-R-27 This item was continued until the October 20th meeting. CONSENT AGENDA A. Request of Hospice of Volusia/Flagler to hang banner sign over u.s. 1 for one week Mayor Allman explained they would like to change the sign to a 4' X 4' sign instead of the banner and place it by the fountain at SR 442 and u.s. #1. Councilman Roberts moved to accept the Consent Agenda, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Allman explained the second item he would like considered comes listening to the citizens of Edgewater during the campaign. A clear majority have said they lack confidence in the management of the City. After research, investigation and observation of city operations, he agrees. He would like Council to send a clear message to the citizens. We listened, we heard and we will act. He asked Council to act on replacing the City Manager and City Attorney. Out of respect for the time these two individuals have given to the City, he believes they should be permitted to resign with severance benefits called for in their contracts. He asked for a motion to accept the resignations of the City Manager and city Attorney effective immediately at the end of the meeting with the severance benefits of their contracts. .: I ~ Councilman Hammond so moved, second by Cou~~ilman Roberts. Councilman Gornto feels they are acting hastily. He expressed concern about the Sunshine Law and the basis under the discussion on how it got to this table. He was very concerned about the action tonight. City Attorney Storey stated with all due respect, she wants the Council to be made fully aware of the provisions of their contracts. She further elaborated on provisions in City Manager McMahon's and her contract. Under the terms of the contract, if there is a resignation the severance provisions do not apply. She may be splitting hairs, but it has been requested City Attorney Storey and City Manager McMahon submit resignations as opposed to move for termination of this contract. Page -5- Council Regular Meeting October 6, 1997 'w' "WtJf City Manager McMahon commented under the terms of the Charter, he is officially requesting a public hearing tonight. Councilwoman Lichter stated she did not realize that item was on the agenda. She believes that a Council and city Attorney must be very compatible. She has not had the opportunity to find out if she is compatible with the present City Attorney. She believes that area has to be well looked into. Perhaps there are alternate ways that are more cost effective but she feels it is a frivolous act for her first action to leap into that type of unknown where there is so much that present management needs to relay to the new Council. She has not work~d with City Manager McMahon in this capacity and perhaps there I re areas in our Charter that have been negligent in giving 00 much power to manager versus mayor. She spoke about this type of move ending up very costly to the town in terms of delays in getting things done and in terms of money. She is not prepared to put herself in this position at this point in time. Mayor Allman stated concerning the legality on the printed agenda, the answer would be that the parties effected are present and have had the opportunity to speak thus no adverse impact on either of them. The public who might be interested are present. The will of the people was also expressed in the election results. In light of no tender of resignation, is there a motion to terminate the City Manager and City Attorney in accordance with the terms of their contracts and suspend each from their duties effective immediately. Councilman Hammond so moved, second by Councilman Roberts. Councilman Gornto stated this is quite a surprise to him and to Ms. Lichter. Not that he didn't know it was part of the agenda somewhere down the line. He is reminding Council that when the election results were voted on at the last city Council meeting, when that was confirmed, from that point forward until the new Council walked in tonight, any discussion of what is going on here by any Councilmembers is a violation of the Sunshine Law. Councilman Gornto spoke about being sued in the past for $22 million. He was part of a group of people that let a radiologist go. They sued him individually for $22 mil~ion. He feels they are opening themselves up and should give tpis more thought before they bring it before Council. I Councilman Roberts feels the voting public spoke loudly this time. He feels there is a serious lack of confidence in the management of this City. We need to represent the 18,000 people in Edgewater, not the two people sitting at the table. Councilwoman Lichter stated she is worried in the interim what do you do. She does not feel this is in the best interest of the City. She believes you have to be inside to know what is going on and as an outsider she does not have that depth of knowledge. Paul Jenkins, willow Oak Drive, hates to see this Council make a mistake which will cost the city. You can't do it if it isn't on the agenda and the public hasn't had a chance to speak. He feels there are people who did not know this was going to be on the agenda who are not present. He is not defending those positions and what Council wants to do, just the way they want to do it. He is concerned if Council does it this way, there will be some big expenses and maybe some legal problems personally. He recommended council table that and place it on the agenda. Mayor Allman asked City Clerk Wadsworth to call for the vote. The motion CARRIED 3-2. Councilman Gornto and Councilwoman Lichter voted NO. Page -6- Council Regular Meeting October 6, 1997 ,~ '-' ....., Mayor Allman explained there are two vacancies that need to be filled temporarily while the new Council develops its policies and procedures. Many people have advised him the city needs experienced professionals who are independent from any group of interest in Edgewater. They should be people who would be willing to serve on an interim basis while City Council recruited permanent replacements for the City Manager and city Attorney. Mayor Allman stated two individuals have had long careers in government and private enterprise. He handed out resumes for Ken Hooper and Nikki Clayton. Councilwoman Lichter asked Mayor Allman if he is putting this to vote this evening. Mayor Allman informed her he was. Councilwoman Lichter questioned doing this without interviews or without meeting the people. I Mayor Allman asked for a motion to appoint ken Hooper as Interim City Manager and Nikki Clayton as Interim City Attorney. If Council agrees with his recommendation, their appointments would take effect immediately and by next Council meeting background checks and employment contracts will be presented to Council for their consideration. Mayor Allman stated Nikki Clayton has informed him her fees would not exceed what the City pays for in-house legal services on a monthly basis. Both contracts would provide for immediate termination with no severance at any time Council wishes. Councilman Hammond so moved, second by Councilman Roberts. Councilwoman Lichter stated they could not vote for a replacement for the LDRA or Firefighters' Pension Board and yet they are making her, without meeting these people, without checking references or without speaking with them, make this most important decision for the community of Edgewater. She will not be part of it and she will abstain. Mayor Allman stated under the discretionary authority of the Mayor and Council this is an emergency situation which requires exercise of emergency powers in order to assure continuity of City operations. City Council can amend or rescind these appointments at any time. Councilman Roberts stated we do need people to take the reins immediately. He feels it is obvious these people seem quite qualified to handle the job. He thinks it fill give us time to find replacements and have time to interview people for permanent positions. He sees no problem with these people on a temporary basis under the contract provisions that Mayor Allman had mentioned. The motion CARRIED 3-0. Councilman Gornto and Councilwoman Lichter abstained. Councilwoman Lichter stated she believes this is an illegal act. Jake Lodico stated the city Manager works at the will of the Council and so does everyone else. He advised Council to get together and weigh this matter out. OTHER BUSINESS A. Appointment of Vice MayQr Councilman Hammond made a motion to appoint Gary Roberts, second by Councilman Gornto. The motion CARRIED 5-0. Page -7- Council Regular Meeting October 6, 1997 ~ ~ B. Appointments to Land Development and Planning Agency due to election to Council of Judith Lichter and resignation of Edna Hickox This item was continued until the October 20th meeting. C. Appointment to Firefighters Pension Board due to expiration of term of Patricia Richards, who requests reappointment This item was continued until the October 20th meeting. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, commented on the improvements in the city. He feels the Council made a big mistake to ask for the resignation of people and to put new people in without the public knowing about it. He has attended most of the meetings during the course of a year and he has great respect for the Council that just left. He wished them lots of luck. He stated he was on the Beautification Committee and his goal was to beautify the city. One of his goals was met. His plans for the future were to beautify U.S. #1. Mr. Visconti is very disappointed in what happened here tonight. Gigi Bennington, 121 Virginia street, stated as an avid supporter of the majority of the council, she agrees with the right to replace the City Manager and city Attorney. She disagrees with who is being used to replace them. She questioned if the Council has forgotten No More Bull and Nikki Clayton engineering getting rid of a lot of department heads. For the Council to take that without giving anyone a chance that wants to apply is wrong and not in the best interest of this City. Mayor Allman stated she is an interim attorney. Sandy Jones, 1520 Travelers Palm Drive, stated she has seen a lot of things happen. She spoke about the new Council having a lot to learn. She wonders why the Council would make such a rash decision at their first meeting. She doesn't see ethically how Council can do this. She doesn't feel Council has given the City Attorney and City Manager time to speak with them and let them help Council understand the workings of the city. If this is what we have to look forward to for the next two years, quite frankly, she is very nervous. Paul Jenkins, willow Oak Drive, stated he doesn't necessarily agree that everything the City Attorney and city Manager have done in the past is right. He feels the way the Council just fired and hired new people without that being on the agenda, again the public was not aware this would happen tonight. The public has not had the chance to speak. He voted for all four who ran for office and is very ashamed to say that. There is only one person that I am glad I voted for. This wasn't legal and he wouldn't be surprised if the Governor does something. Charlie Gianino, 1909 S. Riverside Drive, Unit 6, commented on some of the pitfalls the City has been through in the past three years. He supports Mayor Allman and was impressed at the forum. He and his wife want to get involved in the community. They came with an open mind. He spoke about coming to City Hall and having to pay $.20 per sheet for copies he requested. Mr. Gianino stated he has seen City Managers get hired and fired and he has seen a lot of legal fees increase and a lot of people get tied up. He begged Council to reconsider their actions for at least 30 days. He feels they are going to find a lot of serious problems with the legality of this vote. Page -8- Council Regular Meeting October 6, 1997 ...... ...."I Mike Azzarello, 1929 willow Oak Drive, stated we voted for a Clean Sweep of the city with the new Mayor and Councilmembers and he is behind them 100% to vote out the city Manager and vote in new administrations to get this town on the right track. He feels they should move forward. Robert Pogg, 2925 Yule Tree Drive, stated the council has to do what the Council has to do so do it. Ron Prekup, Lime Tree Drive, spoke about 100 foot telephone poles in front of his house which are three feet around that were supposed to go down 18th Street. He spoke about the entrance into Edgewater on Indian River Blvd being ruined because of these poles. He spoke about there being three or four states that will not allow those power lines 150 feet from human habitat. Mr. Prekup commented on people coming up to him and telling him they need to get rid of everybody. Clean sweep city Hall doesn't mean clean sweep half of it. The majority have spoken and whatever happens he is behind their decisions tonight. Based on what the people said, clean sweep is mandated. They didn't just mean clean sweep the commissioners. Rochelle Gianino, 1909 S. Riverside Drive, understands those who voted wanted a clean sweep. That doesn't mean taking the other end of the broom and bashing the rest of the people on the head. She asked Council to temper their actions with time and experience. Ben DelNigro, 3130 Tamarind Drive, agrees with Council and is behind them 100%. Richard Jones, 1530 Sabal Palm Drive, stated he is glad he lives in a democracy because in a democracy you still have due process. What he witnessed tonight is the same thing they fought two big wars for and hundreds of little wars are going around allover the globe right now because of dictators. Mayor Allman informed Mr. Jones he was out of order. Mr. Jones stated he is not out of order. He feels Mayor Allman is out of order by raising things on an agenda that was not published to the public. Mayor Allman stated September 30th you voted for Randy Allman without even knowing Randy Allman. You didn't vote for Randy Allman. He said you didn't vote for Randy Allman, you voted against the government of the city of Edgewater. That is what you voted against. He feels relatively sure what they did tonight is perfectly legal. He feels very, very sure that what they did tonight is for the betterment of this city and the vast majority of citizens will agree with them because they have already agreed with them. The voters of the City of Edgewater voted out the three incumbents. Their mandate to them was clean sweep city hall. They clean swept City council which means it is up to us to give you the best government that we possibly can. These decisions tonight were made as a result of your input. He couldn't believe what he is hearing from some people tonight. However it will stand. Right or wrong, I am a man and once I make a decision, I make a decision. A dictator, no, hardly. I know some of you are going to be upset, however the election is over and it is time to get this city moving forward. It is the opinion of this Council that is what was needed to get this city moving forward. ADJOURNMENT There being no further business to discuss, councilman Hammond moved to adjourn, second by Councilwoman Lichter. The motion CARRIED 5-0. The meeting adjourned at 8:24 p.m. Page -9- Minutes submitted by: Lisa Kruckmeyer council Regular Meeting October 6, 1997