Loading...
03-04-1991 - Regular .... ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 4, 1991 MINUTES CALL TO ORDER Mayor Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton City Manager Elly Johnson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Zeigenfus, Church of Christ, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting of January 28, 1991 - Councilman Hays moved they approve the minutes. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Regular Meeting of February 4, 1991 - Councilman Jones moved they approve the minutes. Councilperson Martin seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Galen McClain, 3119 Queen Palm, referred to the estimated $90,000 paid by Councils to shed an employee who was hired by previous administrations. He reviewed the figures and suggested before they hire a City Attorney or anyone else they adopt an ordinance that the City employee hired has a tenure no longer than the elected officials who hired him. He added this will be cheaper for the citizens of Edgewater. Councilman Hays noted that's one of the items in the proposed revision to the Charter. CONSENT AGENDA East Volusia Mosquito Control District's request to make low level spray fliahts under 500 feet altitude - Councilperson Gillespie moved they accept the consent agenda. Councilman Hays seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Presentation of audit report for fiscal year ended September 30, 1990 Ms. Linda Lindsey of the City's auditing firm of Ernst & Young reviewed a few highlights of the report. She noted the City's assets grew from last year by 2.8% and the refuse collection fund was helped by a recycling grant of about $28,000. She stated the City's general fund is in sound financial shape and the City's standing in good stead for the challenges lying ahead. Councilman Hays questioned the comment on page 113 on data processing about internal accounting. Ms. Lindsey explained they look at the data processing resource as a City-wide resource and when a resource is controlled by a user such as the Finance Department it could possibly influence operations to a greater or lesser extent than the City Council and management would prefer. She added in a small situation it makes sense to have it that way. Councilman Hays asked about lack of segregation of duties on page 114. Ms. Lindsey replied in a small place like Edgewater it's not possible to have the "ideal" separation of duties but user controls and unit implementation of controls outside the computer can help overcome that lack. She added one individual should be checked by another and they wouldn't cross paths and she sees some blending of those functions but doesn't see anything in a short term to change that. She said they have a turn key situation and no ability to do any programming, it1s done by the software vendor and it helps to mitigate some of that risk. Councilman Hays asked if strengthening controls and efficiencies should be looked at as a goal in the future for the data system. Ms. Lindsey replied as they become more dedicated to data processing and more sophisticated, they should keep segregation in mind. Councilman Hays asked if they could have had unauthorized use. Ms. Lindsey explained it's a risk exposure and they're cautioning them to use controls. . ' "- ...., NEW BUSINESS (Continued) Presentation of audit report (Continued) - Councilman Hays asked about self-insurance fund liability reporting and relying on internal expertise. Ms. Lindsey explained in the insurance industry there's a way to calculate claims payable before they're even reported and they're called incurred but not reported claims. She briefly reviewed the 1 iabil ity to be calculated by insurance actuaries. Councilman Hays asked about the repurchase agreements. Ms. Lindsey explained the City's financial statements reflect repurchase agreements and disclosure is required by accounting principals as to the means those revenues are held. She said the City has its repurchase agreements with a local bank and overnight the funds are invested in securities and the securities are held in the bank in its name on behalf of the City. She noted this isn't uncommon practice and if they monitor bank conditions they're still exposing themselves to that risk but it's one that's been entered into with appropriate information. She noted they could deliver the securities to the City or the third party custodian or investment vehicle the City staff is investigating. She pointed out they're not recommending they abandon overnight or go to SBA, but it's a business decision. Councilman Hays asked about the stormwater management that has no policy for capitalizing fixed assets and recommended devising a formal written policy. Ms. Lindsey explained this is a new fund and a new activity for the City and there were no procedures or practices in place for information on fixed assets and possibly record them on the books and depreciate as they're used. Ms. Clayton asked the difference in return on SBA versus the local bank. Ms. Lindsey replied SBA tends to outperform and in rising interest rates it lags behind. Mr. Johnson said the policy's been drafted regarding assets for the stormwater utility and the repo time frame for overnight and they make a lot of money every year in investments that wouldn't have been done. He added Mr. Munoz looked at SBA and will have that information for Council to look at for long term. He added part of the repo was part of the BAN with Sun Bank and when paid off, they'll be out of it. He noted with segregation, duties for payroll aren't under Finance now, it's under the City Clerk. Councilman Hays asked if other cities use any shared services on this with central data base. Mr. Johnson replied 10-15 years ago they had service bureaus but the need for in-house data processing is at a point they use it for several aspects. Councilman Hays said typically these type systems should be programmed. Mr. Johnson said they're going more turn key because of the cost in house and support personnel and they should get a product that more than one person sells. Ms. Clayton said from past experience the Finance Department transfers to management information services and the City may want to think about both ends of the spectrum and how they collect and store and manage their data and perhaps look to the auditors for help. Ms. Lindsey said in house is costly and time consuming but they want to have a very manageable reporting capacity to assist in decision making and it's import no matter what type system they get and they need a way to get the information out of the computer. Councilperson Martin moved to adopt this report. Councilman Hays seconded the motion. Motion CARRIED 5-0. Public Works Director1s recommendation to award bid for refuse truck to Solid Waste & Recoverv Systems. Inc. in amount of $58.984 - Councilperson Gillespie moved to accept Mr. Overstreet's recommendation. Councilman Hays seconded the motion. Mayor Wessler asked why they're going with the higher bid and not the lower. Mr. Johnson replied the report explained they got references checked. Mayor Wessler asked about Kasonic at $57,186. Mr. Johnson said they didn't meet specifications. Mayor Wessler asked if they changed specifications from the last time. Mr. Johnson said they have basic specifications and got heavy duty. Mayor Wessler asked if they changed the specifications. Mr. Johnson replied no. Mayor Wessler pointed out the same bidder who now gives them $58,984 gave them a bid of $62,008. Carl Overstreet, Public Works Director, said they changed with the Ford dealership, the new dealer is trying to get started and gave them a better chassis price. Mayor Wessler asked if it changed in the last month and a half. Mr. Overstreet replied yes. Ms. Clayton stated because they're not taking low bid they need a written document that says the low bid wasn't taken because of lack or failure to meet specifications and that's a legitimate reason. Mr. Johnson stated the $57,000 didn't meet specification and it can be documented 2 Council Regular Meeting March 4, 1991 ~ ......, NEW BUSINESS (Continued) Public Works Director.s recommendation to award bid for refuse truck to Solid Waste & Recoverv Systems, Inc. in amount of $58,984 (Continued)and the difference between that and Municipal Sales Leasing is because of the references checked. Councilperson Gillespie thanked Mr. Overstreet and Mr. Johnson for taking Council's recommendation to go into in depth checking on the companies. Mayor Wessler asked that he make Department Heads aware of this when they have a bid. Motion to accept Mr. Overstreet's recommendation CARRIED 5-0. Public Works Director. s recommendation to complete drainaqe project and for reqular culvert stock - Councilman Jones moved they go ahead and accept this. Councilperson Gillespie seconded the motion. Councilman Hays pointed out fiscal impact is $8,810.85 and when it was brought up before anticipated cost was $5,400. Mr. Johnson explained the difference is they1re recommending that along with material for the project under County bid they also put additional material back in stock and the attached sheet shows the breakdown. Motion CARRIED 5-0. Parks & Recreation Director.s request to qO out for proposals for survey of Riverside Drive for the River Walk - Councilperson Gillespie moved they accept alternative 1 to go out for surveys for River Walk. Councilman Jones seconded the motion. Mr. Johnson suggested they consider the committee for CCNA to do the evaluations and submit back to Council because they'll be familiar with the process by then. Mayor Wessler asked if it would be the Utilities Director. Mr. Johnson suggested it be Jack Corder, the City Manager, City Engineer, and a Council member. Mayor Wessler asked if the Attorney is in this. Councilperson Gillespie said not for CCNA. Ms. Clayton suggested they could call if necessary. Councilperson Gillespie said it's written as a CCNA project. Mayor Wessler said it1s Veterans Park to the end of town and there's a lot of talk about going to end of Riverside Drive and it would be cheaper to get the survey done now. Mr. Johnson suggested they ask for it as an alternative. No Council member objected. Motion CARRIED 5-0. Land Development & Requlatorv Aqencv.s recommendation to annex 5.41 acre on West side of S. Ridqewood Ave. north of Carter.s Motel and South of Silver Ridqe Councilperson Gillespie moved they accept the LDRA recommendation. Councilman Hays seconded for discussion, and asked future plans for this property and Mr. Karet at the January 10th LDRA meeting had stated the property is currently an enclave with a land use designation in the County and it will remain that designation until a land use plan amendment is done in the City. Planning & Zoning Director Mark Karet agreed that's correct and the next step is to designate the property whatever they think is appropriate. Councilman Hays asked his ideas. Mr. Karet replied possibly commercial but the applicant didn't ask that the designation be changed. Councilman Hays asked about Mr. Wadsworth's comments about significant demand requiring the developer to upgrade. Mr. Karet explained Mr. Wadsworth typically puts that response and it depends on the density of the use and impact on the system and they know up front they may put responsibility for mitigation on them. Council person Gillespie said it's contiguous to the original Caldwell property but doesn't bear on it. Council- person Martin asked if the County B-4 will be maintained as the zoning. Mr. Karet replied all County land use controls will be in effect. Councilperson Martin asked if they don't want to change. Mr. Karet replied it1s not being requested and when the City makes a change, then the land use will be applicable but until then the County regulations will be in effect. Motion CARRIED 5-0. Status of paid firefiqhters and volunteer fire members Mayor Wessler said this was brought up at the last meeting because there were three paid firefighter being brought on board and they were sworn in and had given notice, but the fourth one hadn1t been sworn in. She asked to hear comments from paid and volunteers. She asked Mr. Barlow the relationship between the volunteers and paid. Georqe Barlow, President of Volunteer Firemen's Association, replied they had some problems when they first put on the paid members and they anticipated that but they've worked through quite a few problems and have a stronger volunteer department that they've ever had supported by the paid department. He said years ago a lot of the volunteers could get free for daytime calls and now they work outside the City and cannot leave their jobs unless it's critical. He said most of the firemen said they had no problem with the three people coming on but they 3 Council Regular Meeting March 4, 1991 ,,- '-" ..""" NEW BUSINESS (Continued) Status of paid firefighters and volunteer fire members (Continued) felt they were being run out because that's mainly the times when they can answer calls in the evenings. He reviewed response times from the station compared to from their homes. He stated the biggest problem is a 2-tone system, and volunteers want to go back to the I-tone system so they know exactly what's going on all the time. He add anytime there's a paid and volunteers you'll have problems but they've worked through them and work very well together. Council person Gi llespie said they have their own officers within the Rescue volunteers and most of the problems have been communications and they can solve a lot of that with courtesy from the operations department. She suggested the monthly report of Chief Vola be given to the operations secretary and have budget input from the volunteers considered before it comes to Council. She said she'd like them to buy stethoscopes, blood pressure cuffs, and smocks for volunteers and when there's a special request for training it comes to Council if it's not a budgeted item. She said she wants the public to know who the volunteers are as they take pride in being volunteers and give of themselves weekends and days and nights and are as well trained as anyone in the community. Councilman Jones stated the paid firemen weren't intended to phase out volunteers who have been the backbone for many years and they rely heavy on volunteers. There was discussion between Mr. Barlow and Councilman Jones regarding response patterns and times now using teams. Councilman Jones noted their main goal is EMS because of the number of calls compared to fire. He said he'd like volunteers to have a more active hand in the entire concept of the department. Councilperson Gillespie asked to see implemented the hydrant locations and cross street listings to trucks all EMT's will use. She said they have 2 volunteers to go to trauma courses in Jacksonville if Council will give them $200 to go and they'll come back and teach it. She asked that all firemen look into ways to solve the house number problem and to display and post the number and have it large enough to find. Mr. Barlow said the Chief has someone looking into the fire hydrants and they're looking into high view numbers for houses that can be seen from 200 feet away. He referred to a flashing light switch on front porches used as an emergency signal in the past. Mayor Wessler agreed it's a good idea. Councilperson Gillespie said the Rescue unit was to be painted but it went down because of the Hurst and washer and dryer and the unit needs to be on a regular ma i ntenance schedu 1 e. She sa i d she wants the pa i d men to check for fue 1 on Mondays and fill it up at Public Works if needed. Councilman Jones referred to a program with a list of names of disabled and elderly in times of an emergency. Bill Vola, Chief of Fire and Rescue Services, said this would be under the Civil Defense Plan and he's working on it. He cautioned Council against making a decision on that because of civil liberties and liabilities if the list got out and there were crimes against person or property of those individuals. There was discussion about the program's use in New Smyrna Beach and other plans under Civil Defense or Police. Mayor Wessler asked Councilman Jones to check into the plan New Smyrna Beach uses. Council person Martin asked about volunteer patches being put back on the uniforms. Chief Vola said when they restyled the departments patch they made an offer to the Association that anyone that wanted it they'd put "volunteer" on it and the majority present declined, but if some want it now the offer still stands and he thinks 1 or 2 people are trying to make an issue of it. Councilperson Gillespie said she's making the issue and there are 40 volunteers. Mayor Wessler said some people called her about items they're discussing tonight and they had no place calling her and should have called Bill Vola or George Barlow. She said a comment was made that perhaps Council was making volunteers feel they weren't wanted and that's the farthest thing from the truth. because they need and appreciate them. She added if they accept paid firefighters it's to lessen the burden on the volunteers. Mayor Wessler and Chief Vola reviewed the response and call back procedures. Councilman Jones provided input on New Smyrna Beach procedures and stated volunteers are strongly needed because they don't have enough manpower for the community. Councilman Hays and Chief Vola discussed the 1 and 2-tone systems and the number of personnel. Councilman Hays asked if week-ends are covered with 4 Council Regular Meeting March 4, 1991 ~ ...., NEW BUSINESS (Continued) Status of paid firefighters and volunteer fire members (Continued) paid people or totally covered by volunteers. Chief Vola replied it's totally covered by volunteers. Councilman Hays asked about holidays during the week. Chief Vola replied when they get on line they'll be covered by career. Mr. Barlow explained how pagers were set up before and recommended they go back to I-tone immediately. Mayor Wessler asked the cost and Mr. Barlow replied nothing, pagers are already set and it's a matter of the dispatcher knowing what button to push. He added it's an operational thing and when they got paid people they felt it was the best way, now they don1t think that and want to go back. Chief Vola stated procedural directive is already in Police Department hands. Janet Ptaszek, 2616 Yule Tree, stated there were some misconceptions and she feels comfortable with the relationship with the paid and volunteers and has no problem with that because they're needed and some volunteers aren1t available during the day. Norm Billups said they should have I-one systems. Mayor Wessler advised him they1re going back to that. Peooy Cousins, 2430 Mango Tree, expressed her pride in being a volunteer and said Chief Vola helped them out and has them going in the right direction. She said dissention was because of paging and they felt they only do week-ends, nights, and holidays. She stated she1d like to keep their training and asked Council to have confidence in them. Councilman Jones thanked the volunteers for their dedication and continued support of the community. There was discussion about the status of the fourth paid fireman. Councilperson Gillespie moved not to hire the fourth man. Councilperson Martin seconded the motion. Councilman Hays questioned how this will impact them and if they'll be able to meet the needs of the community. Mr. Barlow said he doesn't think not hiring the fourth man will make much difference and they're getting good coverage in the evenings, during nights and on week-ends. Chief Vola explained the purpose of the fourth person was to cover for vacation, sick, and educational leave. There was discussion about coverage and training requirements. Mayor Wessler asked if they have an obligation to the fourth person and if he's given notice. Chief Vola replied no, and pointed out the need to increase the overtime budget to cover the position. Mayor Wessler noted the overtime paid would be far less. Chief Vola explained the need to upgrade and provide a guaranteed response for EMT's and not first responders. He said he's working on a paramedic service in this City but the State won't let them offer advanced life support without a paramedic on duty. Councilman Jones questioned the schedule set up if they don't hire the fourth person. Chief Vola replied they'll get diminished returns at some point. Mr. Johnson said they'll have to change the whole shift set up and they based this on Council's decision last year to have 5 days, 24 hours a day. There was more discussion regarding coverage without the fourth person. Cra i 0 Munson, 1 Pines Edge, asked the number of ca 11 s versus hours they're working to see where they need paid people and volunteers. Mayor Wessler explained they did a study and the Chief is working his schedule that way. Motion not to hire the fourth man CARRIED 5-0. Mayor Wessler called a recess at 8:58 p.m. and called the meeting back to order at 9:09 p.m. Setting date for joint meeting with Industrial Development Board Mayor Wessler suggested they set it for March 25th at 7:30 p.m. No Council member objected and Ms. Clayton indicated she'd be available. 5 Council Regular Meeting March 4, 1991 "'-'" ..... ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Readinq: Res. 91-R-l0 Adoptinq two military units throuah the "America Supportinq Americans" proqram - Councilman Hays stated he'd made the origina 1 recommendat ion on this and they weren't as far along as they are now and since things are winding up perhaps they don1t want to enter into this because troops will probably start to come home soon. Mayor Wessler agreed. Council members agreed there would be no action on the resolution. Res. 91-R-ll Appointinq member to Buildinq Trades Requlatory and Appeals Board due to expiration of term of Jack Hayman - Mayor Wess ler nominated Michael Nelson. Councilman Hays seconded the nomination. Councilman Hays moved they accept Michael Nelson, 3034 Woodland. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BUILDING TRADES REGULATORY AND APPEALS BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. She read the name of Michael C. Nelson. Councilman Hays moved they accept 91-R-11. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Res. 91-R-12 Appointinq three members to Land Development and Requlatory Aqency due to expiration of terms of Nancy Blazi, Dominick Fazzone, and Robert Garthwaite - Mayor Wessler reminded Council that Ms. Clayton has a meeting Thursday evening with LDRA and perhaps they may want to put this off until she explains their duties and functions in the upcoming years as maybe some of the people may not want to reapply. Councilperson Gillespie moved to postpone 91- R-12 to the second regular meeting in March and extend the present terms until the second meeting in March. Councilman Jones seconded the motion. Ms. Clayton asked Council's wishes regarding a joint workshop with LDRA to discuss the Comp Plan and other issues in an informal setting. Mayor Wessler agreed and asked her to let them know at their Monday meeting. Motion CARRIED 4-1. Council- person Martin voted NO. Second Readinq:(Public Hearinq) None UNFINISHED BUSINESS Advertisinq for City Attorney applications - Ms. Clayton said Council requested a suggested advertisement but she hasn't received the information from the League of Cities with ranges for cities in comparison to sizes. She said they'll send it to her Federal Express and she'd like to put this on the agenda for the 11th for approval. Status of City Manaqer evaluations and action to be taken - Ms. Clayton reviewed actions at a prior meeting and said she's been in contact with Mr. Johnson's attorney, Larry Stout, and they talked about the evaluation and the conclusion has been that Mr. Johnson would like to proceed with the evaluation. She added she assured Mr. Johnson's attorney that although there may have been a matter of concern of individual candidates for Council prior to November, that once each Council member took office they realized that even though you may get elected by running against City Hall, when you become a part of City Hall you have to look much more closely at all the elements. She said resignation of the City Attorney was difficult and concerned many Council members. She said it was discussed by each Council member with her that with Mr. Johnson, although there were many serious misgivings, they wanted an opportunity to evaluate and work with him. She said during the period of December and January there were individual discussions between her and members of Council as to their concerns about the City Manager I s performance and how to best inform him of those concerns. She said the same comment she made about the City Attorney pertains to the City Manager, they're not able to deal with it out of the Sunshine, and perhaps it's better to get serious misgivings they expressed to her out in the open in a discussion. She added they can provide guidance for that evaluation to be accommodated by the City Manager's performance, guidance of performance standards, expectations, and specific comments about those aspects of his performance that are acceptable or unacceptable. She said itls a matter of public record that there have been discussions about the best method of transition if Mr. Johnson chose to leave but they have not been able to reach a mutual agreement. 6 Council Regular Meeting March 4, 1991 ........ ...., UNFINISHED BUSINESS (Continued) Status of City Manaaer evaluations and action to be taken (Continued) Councilman Jones said to do an evaluation within the short period of time he's had to work with Mr. Johnson was tough and this document had about every scale they could think of. He said the part he felt Mr. Johnson needs to improve on is dealing one on one and he knows it was discussed in the past that he might be a little strong with his personality in dealing with citizens as well as Council members. He added he's not a yes man and he appreciates that and he feels he'll say what he has to say regardless if he's a Council member, and that's the way he is. He said on communications with Council, every time he's asked him to give him something, he returns his call and gives him specific information. He said on organizational skills, he could organize more information so they won't have to go get it, such as a problem with a committee. He said execution of job tasks he rates as doing the job effectively and quickly and carrying out their decisions is above average, as anytime they make a decision and ask him to do it, he does it quickly and efficiently. He said the major accomplishments and achievements are he was a big supporter of the Chamber with other areas of the community and it gave the community representation at these functions and he's at the ribbon ceremonies and a lot of the meetings with the County government. He said public relations he feels needs improving. Councilperson Martin stated there has been a complete lack of communication since election and there has not been any meeting specifically with Council and the City Manager to go over the state of the City other than with Department Heads. She said his attitude has been "don't ask, I'm running the City" but any City Manager runs the City at the will of Council. She said there were remarks concerning putting together facts and figures that he hires professionals to formulate reports on any given City project and doesn't feel he has to be involved. She added any City Manager receiving a high 5 salary plus benefits would indicate to her he was hired because of his ability to prepare such reports without constant outside help. She said he should at least be able to correlate those reports indicating ways and means of accomplishing their aims, otherwise, cut the salary in half and use the funds to pay for outside consultants. She said she'd like to see some more personal energy put forth in the CIP Program for the good of the City and residents. Councilperson Gillespie said Mr. Johnson has a copy of her lengthy report and it's a matter of public record. She said they've had discussions over the budget and she knows it meets State requirements and is what the last Council asked for but she doesn't understand it and feels they need to get it straightened out so the public can handle it. She said she calls Mr. Johnson or his staff to let them know when something's going on in the community that she feels is important and has a problem when she turns on Channel 9 to learn what's happened in Edgewater and this happened several times. She said packets should be full and complete with everything that bears on the subject included so they can make the best informed decision for the citizens. She said verbiage in the packet, whether staff or Mr. Johnson's responsibility, needs to be checked and if she hadn't caught it, the one agreement would have gone through with a different definition and would have caused some real problems. She said on tact, they don't often see eye to eye, he's aware of it and they've discussed it at great length several times. Councilperson Gillespie said she feels he has some good points and they need to work together and need to redevelop their working relationship because he may have all the skills Edgewater needs if their goals are reconcilable. She added she the fact that he has a free thinking, independent City Council has not met with needed adjustment. She said he manages but they're the elected head of the City and will not be less than that which people expect of them. She said she listed for improvement, work on people skills, an open door swings both ways, and communications, which seems to be a major problem throughout the City. She said he should implement suggestions if worthwhile and preparation on questions should be full and complete. She stated mutual trust is an absolute must. Councilman Hays saidthere are some things that have come up that he wants to address with Mr. Johnson, some he has heard from others he agrees with, some are observations, but he wants to address issues he has personal concerns on. He added he heard the word trust and he needs to feel Mr. Johnson is working in the best interest of the City of Edgewater and he can trust if he comes to Mr. Johnson and needs something or has concerns, the information he gets from him will be totally accurate and reliable as those things are very important for them 7 Council Regular Meeting March 4, 1991 ~ ...." UNFINISHED BUSINESS (Continued) Status of City Manager evaluations and action to be taken (Continued) to do their jobs. He said he gets comments and criticisms of Mr. Johnson's performance with the public from the public and they need to present themselves to citizens as professionals, it's not our place to lose our temper with the public even if they lose their temper with us. Councilman Hays said he'd passed out to Council something to consider and the City is growing and communication is very important. He said when the City voted for a City Manager form of government, he voted for it and still feels it's a good way to operate, but maybe they gave too much authority and power to one person as City Manager. He recommended they look at restructuring the organizational chart because they could have better lines of communication between some administrative heads and Mayor and Council and possibly relieve some of this burden from Mr. Johnson because he has a lot of people to deal with on a day to day basis. He added they may have better working relationships if they did something like this. Councilman Hays expressed concern regarding an American Express credit card Mr. Johnson has that he understands was issued or obtained through the City and City Finance Officer, and he couldn't find through the City where by ordinance or reso 1 ut i on or anyth i ng that was given as part of the contract. He sa i d he understands it's practice if a City employee wants a credit card from Visa or Master Card, that Council must approve by resolution to have met the lines of information and requirement for payment on the card, somebody to be responsible, and it's all been aboveboard and in the light. He reviewed his investigating of this matter and said be became concerned because he saw copies of charges ranging from $24 to $609. He said he went to the Finance Officer and asked him pointed questions and got some pointed answers. He read the response. (Copy attached) . Counc i 1 man Hays sa i d the po i nt i sn 't whether or not he needed a credit card, but how that was done. Mr. Johnson stated he'll prepare a response, and the point is Fred Munoz is wrong, and the second point is prior elected bodies, the Mayor, who was Chief Elected Officer of the City, and City Attorney, told him to prepare it and Mr. Mitchum will verify that and Mr. Munoz was well aware at the time. He said nobody tried to hide anything and the card was turned in and cancelled, it was done at the Mayor's instructions because of going on the trip to the Tallahassee convention. There was brief discussion regarding accusations. Mr. Johnson stated his reputation is the one at stake and he'll be glad to respond in full. Councilman Hays said he feels it's their role as an elected official to ask questions and deal with it honestly and openly. Councilman Hays stated when Pat DiLeva retired from Code Enforcement, there was a position open and refilled and he received more than one comment and concern that people working and living inside the City were not given a fair or equal opportunity to apply or interview for the job. He said he hears these type of criticisms and questions how these decisions were made and if they are required to give the citizens and employees that work in the City and live here, first consideration before they look outside. He read a letter regarding this that was addressed to him. (Copy attached) He said knowing the person who submitted the letter and her back ground versus the person that was hired, their back grounds are very similar so they're talking equally qualified people and the person living in the City that wasn't considered. Mr. Johnson said he doesn't know who he's talking about and Councilman Hays said the person is Linda Holland Smith. Mr. Johnson said he'll give them a detail on how many people were interviewed and the whole process. Councilman Hays stated in his contract with the City, there's a paragraph that speaks of an alternative to separating for severance pay that deals with an alternative to the City by paying annual dues to American Society of Executives, Incorporated, for an employee to enroll in an income protection plan and that was something everybody agreed to. He read a letter from Cornelius van der Linde. (Copy attached) Councilman Hays said there was a payment of a $250 membership fee. Mr. Johnson clarified it was a renewal fee. Councilman Hays said in looking into this, the board of this American Society of Executives is Ed Smith, Mark Smith, and Matthew Smith, and he'd like more information. Mr. Johnson said helll be glad to respond and the reason for the organization and the reason they participated. Councilman Hays requested a written response as this was in his contract and if they're no longer a part of this organization or paying into it. Mr. Johnson suggested they pull minutes and read discussions regarding that at the time. He added they had a program they submitted to the 8 Council Regular Meeting March 4, 1991 '-" ..", UNFINISHED BUSINESS (Continued) Status of C;tv Manaaer evaluat;ons and act;on to be taken (Continued) State for approval for an insurance policy to pay severance for termination and since then Mr. Munoz got the bill and paid it. He said it's a renewal and you have to be at the time of the program in it a year. He said they didn't get the State to approve the program, and he I s never been to their office, but he understands a prior Council member was and he does have the brochure and the information that was available. Councilman Hays said that was a part of the contract with the City that he agreed to when he came to work for the City. Mr. Johnson agreed it was part of the contract, but they have to read the official minutes, and if they want to take the contract literally as it's written, they can solve the whole problem. He said people who were there remember the discussion if it becomes available theylll do it and they were hoping it would be available so the City wouldn1t have to pay if they had to pay severance. Councilman Hays read from Resolution 89-R-53 appointing Elly F. Johnson as City Manager under Section 3 on alternatives: liAs an alternate to the above, the City may pay the annual dues to the American Society of Executives, Incorporated, for an employee and enroll employee in the Income Protection Plan that will after 12 months pay the terminated Manager a six months severance pay. The cost for the program is estimated at 1/2 of 1% of the gross monthly salary of employee. II Mr. Johnson said when it was discussed they said if it becomes available, but it did not become available, they did not get approval on the program. Councilman Hays stated this is an adopted resolution and there were no changes to the resolution so it's still a part of it. Mr. Johnson said he'll respond. Councilman Hays said held like Council to consider what he wrote as he thinks this or something similar could be of help as a governing body for a better working relationship. Mayor Wessler said she appreciates Councilman Hays I paper and they'll take that up at another time or perhaps when they're done with this. Mr. Johnson said held appreciate copies of documents he read tonight to respond. Mayor Wessler said she requested the evaluation and when she was elected, the first day she walked into Mr. Johnson's office she tried to explain that she had a problem with his attitude towards people and his first comment to her was "I know my rights and if you don't want me around, you know what you can do to get rid of me. II She said she overlooked that comment and decided to go on and they had problems with the attorney and she had to make a decision out of two people whose word to take and she chose to take Mr. Johnson1s word. She said she's tried to work with Mr. Johnson and they're both strong willed people and have had arguments and she doesn't see them resolving these arguments as of yet. She said 2 weeks ago she submitted her evaluation with a number of things she thought he should change and to this date she has not seen him change the smallest one. Mayor Wessler said she doesn't think Mr. Johnson has to be involved in so many committees, he's gone most of the week to OBCC advisory boards, County advisory boards, and a number of different advisory boards and committees and she doesn't think that's what the citizens are paying him to do. She said she's checked with other City Managers and Mayors in other cities and their Managers are not gone from the office as much as he is for advisory boards and other functions. She added being involved in OBCC's budget is not a concern of Edgewater residents, that's not what they pay him to do. She said he has been involved in the Chamber, which can be complimented, but if he were as involved with residents as in the Chamber, he may have gotten along a lot better. She said he's not a dignitary in this City, he's a paid employee, and she doesn't think he should attend functions concerning dignitaries, they've both been at ribbon cuttings and don1t see other managers there. Mayor Wessler said she asked to witness one of his department head meetings, not to be involved, to sit in a corner, and he denied her access into that meeting and a few days later she found out Fred Baker was in that meeting. She stated she was elected to this City to make sure things go on properly, Fred Baker was not, and by denying her access, for some reason she's looking at it as a trust and she's lost trust in him, there1s something behind those doors he doesn't want her to see. She stated she confronted him in front of Mrs. Clayton and he threw his hands in the air and told her if she attended any meetings, there would no longer be staff meetings, he would cancel them. She said she's given him the benefit of the doubt and has contacted other cities for opinions, and when she said the Charter didn't prevent her, he said the Charter didn't allow her either. 9 Council Regular Meeting March 4, 1991 ....... ...." UNFINISHED BUSINESS (Continued) Status of City Manaaer evaluations and action to be taken (Continued) Mayor Wessler said she feels he makes the City employees afraid to come to Council and she hoped when she got involved in politics to bring dignity back to Edgewater but she doesn't feel they can do that when their City Manager is ridiculing them behind their backs. She said his department heads tend to be afraid to talk with them and when they do, they report back to the City Manager, which doesn't allow Council to ask opinions of department heads without their going back to him with what was discussed. She said a lot of the employees feel this is a dictatorship and he hires people to be like himself and she tends to agree with them. She referred to the times he's said he's been in government 25 years. Mayor Wessler said at the beginning of the week Council should all be made aware of what he has planned for the week and what is on his schedule and at the end of the week they should have a report on everything he's done. She said she doesn't feel citizens should call her and tell her things he should have told her. She said when Council requests something, he needs to give them his view point but if theirs disagrees with his, he needs to carry out their wishes anyway because that's what he's paid to do. She added he's not paid to say okay weill do it and weill see what the consequences are then, he's to carry it out and try to make it work to the best of his ability. She referred to a conversation with Mr. Murphy, the City Manager for Ormond Beach, who said a City Manager's job was to protect the Council they work for, to carry out their orders to the best of his ability and then you'd have a good marriage. She said she'd felt Mr. Johnson would give them the right direction and help them to succeed in the goals they were elected to do but she doesn't feel he's helping them and he jumps in whenever he can to tell them he doesn't think it will work that way and he is not willing to go in the opposite direction. Mayor Wessler said she has a problem with the credit card issue also and doesn't think he should have gone the way he did. She said until today she doubted herself and doubted giving him this evaluation because they get along outside the office but today she happened upon a very uncomfortable situation when she walked in to hand his secretary mail and while giving her the mail, she overheard his phone conversation with Mr. Mitchum. She added during his conversation he referred to their past City Attorney in a way she won't repeat because it's in their contractual agreement with him that they would not be derogatory to him and would give him a good recommendation and he did not on the telephone so he jeopardized the City by talking in the manner that he did. She said another comment that 1 itera lly floored her was when he stated "don I t worry about me, Dave, as live told Mrs. Hill in the past, the new Council if you give them enough rope, they'll hang themselves. II She said that was when she lost total trust and knew she's doing the right thing and if Council cannot rely on the City Manager they have to back them and relies on that type of petty gossip that is generated from within his office, then she thinks they have a real problem in Edgewater. Mayor Wessler said she doesn't know Council's feelings and will not request they terminate him right now because she doesn't want to cost the City any more money but she'd like Council to reevaluate him in one month and she will give him the benefit of the doubt. She stated she doesn't want him to attend committees and advisory boards on their time or be involved in ribbon cuttings but he may attend things like permitting processes to try and trim line the permitting through the Chamber of Commerce, that type of function is fine, but clear with the Council whatever board he is on. She added he doesn I t need a car phone or a paper shredder in his office. She referred to papers that were in the shredder and she wonders what's being shredded. She requested a list of what he's doing placed in their boxes on Monday mornings and on Friday evening they should have a report on the week's events. Mayor Wessler said one item that particularly disgusted and humiliated her was when they were in Tallahassee and she, Mrs. Gillespie, and Mr. Jones stood in a hotel lobby while he with the credit card told them he was taking his girl friend to lunch and left with their rented car and they were left standing in the middle of the lobby to fend their way back to their hotel. Mr. Johnson said that's not true, he didn1t leave in the car and he told one of them the car was parked in the garage and was available. Mayor Wessler said if someone was made aware of the fact they cou 1 d use that car, it wasn I t her. Counc il person Gillespie said nor her and she rode a bus for three days. Councilman Jones said he doesn't remember. Mr. Johnson said it was discussed in the lobby. 10 Council Regular Meeting March 4, 1991 '-" ..." UNFINISHED BUSINESS (Continued) Status of City Manaaer evaluations and action to be taken (Continued) Mayor Wessler stated Mr. Johnson should be held accountable for everything he does in their City, he is not working at the will of the people but at the will of Council, and she expects him to help them bring dignity back to Edgewater and they're well on their way there. She said she attends every function possible to try to make people recognize Edgewater and when he resorts to idle gossip on the telephone about the Council he works for, it's very humiliating to her. She asked if Council agrees to reevaluate in one month. Councilperson Gillespie agreed. Councilman Hays said he1s concerned about her comments on the conver- sation she overheard and they can come back in a month and reevaluate but at the end of that month Mr. Johnson needs to decide whether he wants to play on this team or find a team he is happy playing with because he doesn1t like that at all. Councilperson Gillespie moved they reevaluate Mr. Elly Johnson in his position as City Manager one month from tonight to be turned in. She said she'd like to go 1 through 10, she doesn1t like a bell curve evaluation as it gives too much chance to be successful. She added all the way through hers she would have put lower than 0 if it had been there. Councilperson Martin seconded the motion. Councilman Jones asked to read the motion again. Councilperson Gillespie said one month from tonight an evaluation on Mr. Elly Johnson, the City Manager, if possible the point system to be 1 through 10 in place of 1 through 5. Mayor Wessler said they can turn them in April 4 and give 4 days before the first meeting in April. Councilperson Gillespie asked if that's time enough for Mr. Johnson to look them over. Mayor Wessler said turn them in on the 4th and do it at a special meeting on April 8th. Council person Gillespie agreed to a special meeting. Mayor Wessler requested the City Clerk prepare a new form with 10 numbers and extend it out and evaluations will be due April 4th. Ms. Clayton said she's scheduled to be in D.C. the 8th, 9th, and 10th, of that week and they may want to consider another day if that's not too difficult to schedule. There was discussion and it was agreed to have it on the 15th. Mayor Wessler replied it's in on the 4th and have it at the meeting on the 15th. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS Interim City Attorney - Ms. Clayton stated information is being circulated as a petition regarding the proposed special assessment district that's full of misinformation and they will have an extensive educational obligation to the citizens but perhaps they could develop a letter to the citizens from the Mayor to descr i be the act ions and steps they I re about to take and reasons. Mayor Wessler asked if Council objected and no objection was expressed. Ms. Clayton suggested the City Manager prepare the first draft for next Monday and she can help. There was discussion about the scheduling of town meetings and perhaps a newsletter under the bulk rate. City Manaaer - Mr. Johnson said they received the Special Master's report on the PBA contract but it has to go through ratification and then will come to Council. City Council Councilperson Gillespie invited everyone to attend the hearing Wednesday on the widening of 442 with the bike paths. She said she contacted them and asked them to widen from 4 to 5 feet. She added this is the last meeting. Councilperson Gillespie reported on the status of the CCNA committee meetings and suggested they have a special meeting between the 11th and 15th because of the County deadline. There was further discussion and Mr. Johnson said he didn1t think it would be ready by the 11th. Council person Gillespie asked Council to consider water saving toilets and shower heading because we1re one of the largest water users. She said it's covered in new homes but she wants an ordinance to encourage people to do it and also an ordinance on water savings with charity car washes that need a permit. Mr. Johnson explained when Hardee's had theirs they notified St. Johns and they handled it and the County-wide conservation program covered it. Councilperson Gillespie said those were on concrete and St. Johns' said on grass. Councilperson Gillespie said she wants in depth discussion about EMT schooling. Mayor Wessler asked it be on the agenda. Mr. Johnson said they can probably do it in the budget since they cut back hiring. 11 Council Regular Meeting March 4, 1991 ..... ...... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilperson Gillespie asked about the remainder of the budget hearings. It was agreed to include it on the agenda for the 25th. Councilman Hays said recycling is going well and some businesses have a dumpster for 4-5 stores and if they could get recycling bins they'd use them. Councilman Hays asked if the lady in the audience doing the transcription would give them a copy. Mayor Wessler explained Mr. Johnson1s attorney hired her. Ms. Clayton noted if the attorney orders it to be transcribed they can get a copy for a lesser price but it was ordered for someone else1s purpose. Councilman Hays said most Police Chiefs have automobile allowances or a car but ours does not and held like that brought up. He said if Oak Hill and New Smyrna Beach can provide transportation or allowance, we should do the same thing. He suggested they discuss it more perhaps for the next budget year. Councilman Hays brought up the digging out of shell in the pond behind Rotary Park and concern to keep the kids out. Councilman Jones asked if they.ll fence around the pond and Mr. Johnson replied yes. Mayor Wessler explained the drainage ditch belongs to the homeowners and they're having problems with teen agers going through their back yard and someone threw a saw blade at a dog. She said the ditch is very deep. She asked who would be sued since the park is there but the ditch is the property owner's and they have to leave an easement for us to go in. She suggested they fence the parameters of the park and leave an easement. Councilman Hays suggested it might be a shared experience. Mr. Johnson said the fence is $5,000 + but there is a problems with the ditch and the easement to maintain the ditch which Jack Corder is working on. Council- person Gillespie asked the cost for clay culvert to cover the ditch. Mr. Johnson said it1s part of the drainage system. Mayor Wessler requested prices on fences. Mayor Wessler said there was an ordinance with VCOG about special water events and the Sheriff's Department not getting enough notice and perhaps we can enact an ordinance. She said VCOG meetings are very interesting and they should attend if they can. Mayor Wessler said there.s a problem with semi's and trailers and she'd like that ordinance on the next regular meeting agenda. QUESTIONS FROM PRESS Linda Creesev, News Observer, asked the savings by eliminating the fourth firefighter's position. Mayor Wessler said it1s estimated at $20,000. Mayor Wessler said the refrigerant recycling that was taken off the agenda went to $1,900 but New Smyrna Beach and Port Orange said they don't have it and the Attorney for New Smyrna Beach is to contact her and she1s asked not to purchase it. Public Works Director Carl Overstreet said he talked to the garage at New Smyrna Beach and they have one as does Deland and Daytona Beach, and Holly Hill and South Daytona have requested them. He added he was interested in it because of ecology. Mayor Wessler asked the Attorney to look at the Statute for ways to not spend money. CITIZEN COMMENTS Norm Billups said the Police Chief can have one of the 84 pick up trucks. Doris Hill, Lincoln Road, stated maybe the lack of trust started immediately after election when she went to a meeting of the United Taxpayers which was supposed to be on the crp and four Council members attended and at the end of the meeting there was discussion about firing the attorney and the manager and they had the manager replaced by Mr. Billick who would work for much less than the current manager. Mayor Wessler asked who said it. Mrs. Hill replied there are two tapes. There was brief discussion regarding the source of the comments and who might have the tapes. Georqe Naill, 1604 Royal Palm, asked if the mail out letter will have figures or calculations. Mayor Wessler replied she hopes to include totals and what it will cost a month. Mr. Naill said the only figures are what Ron Ferland present and they're not very valid. He noted when they have the preliminary assessment roll they'll have to provide these figures and he1s concerned about validity. 12 Council Regular Meeting March 4, 1991 , ,- .. '- .... CITIZEN COMMENTS (Continued) Alice Murphv, 230 N. Riverside Drive, spoke on the flooding problem at Wildwood and the recreational funds used to buy land adjacent to relieve the problem. She questioned how they could use recreation funds to solve a problem a developer left and was told they'd turn it into a park, which was Rotary Park. She referred to the traffic when she rode her bike to the park and digging of the pond in January. She said she heard the man who sold the land gets the dirt and it goes deeper and there was a sign from a rope that said danger but some of the children cannot read. Mr. Johnson sa i d the 1 ake i sn 't go i ng to hand 1 e the dra i nage problem. Councilman Jones said he understood they'd only slope it and not have it that deep. Mr. Johnson said the person doing the work has a permit from St. Johns and it's to be sloped and stocked. Councilman Jones asked if they monitor loads of dirt. Mr. Johnson explained they were given free rein to do the work and are trying to finish construction. Councilperson Gillespie said they have two mounds in excess of a 2-1/2 story house and they're playing on top. Mayor Wessler asked Ms. Clayton to contact Jack Corder tomorrow about the 26 acre park. ADJOURN Councilperson Gillespie moved to adjourn. Councilman Jones seconded the motion. Meeting adjourned at 10:47 p.m. Minutes submitted by: Lura Sue Koser ~ 1A'0~ ATTEST: _--d~ l;;:/.. CITY CLERK I' App).'oved th i s / day of (~ ' 199--L-. ~L-}~~ MAYOR 13 Council Regular Meeting March 4, 1991 !-~,~'-~~-.~-';;~,:i :.'. :;.J..-:;~ I .. .. . ~. "". I o,J I u ~~., -:.;.... ..~.. ,I ..J ~ . , I R <''', ' j \ M.A. - __~_'~~~__ --"-,-"'- J ariL:.E',r-\/ . - .... , ~ ~~1 ~1i '=ha.e: :'. :-;e.y's Ccunc~l~2n Zone 4 City ef Edgew2~er Ejgewater~ F:~rida 321?2 R~. Ameri=a~ E:{pres~ Credi~ C~~d In r~sccnse to yc~r question en the stees that were taken t= obtain an American Excress Credit Card for the City Manager~ the following information is provided. 1. Yeu are correct. no Council~ or any other discussion the merits ef a city credit card public discussion among the City by Council to my knowledge~ en were ever held. 2. Sometime in September (@ the requested that ! lock inte obtaining a He was interested in getting it before 6t~) lc90~ the City ci ty cr-ed: t ce.rd Manage~ for him. an upcoming business trip. 3. ! believe ! contacted Mr. Koch at Southeast Bank and .requested an application package for either a Visa or MasterCa~d charge card fer the City Manager. I received the application package and found that it included a requirement fo~ thi City COLlnci 1 to adoot a resol Ltti en - Mr. Johnson e.sked me to obtai nan aoplication paCkage from Sun Bank who had recently approved our $4~700~OOO BAN. You may check with Mr. Koch on the soecific requirements for issuing a cr-edit card to a municipality. 4. I believe I contacted.Mr. John Browning at Sun Bank and requested an application package for either a Visa or MasterCard charged card ~o~_ the Ci ~y_Manager. I. recei v~d_~l:le .appl i cati on. package and again theappl~cation required that ~ re~olution be adopted by. C;ty. COLlncil..",=.,-::- Mr. .~J~h.ns_o~.. _i.nstr.-ucted"__,me., 1;0 ,call Ameri can Ex'press .' since::he was s~,ey"tt1atthey .would:.:.not ~~r.'~qu..~ r.e 'any'City Council'--,.-esolut-i-dns.',you may di"eck...."wi.th .~'Mr..'~:erowhi-n.g.:.at Sun Bank on the scecific requirements for issuii"ga'credit card t ' . 1 . t '. . . ,'. :.::;:~\;';._ _ ":. ':,,''''~::' . 0 a. mUn1.Clpa 1 y. .""'.. .. ,.:;,,~,..,,;._: -'.~~;.~:ii-':O'..:~: .'~"~ ., .~~~: ~, '.. ~.' .:,c':, . :~' .~-.~~~,. ..~.\:ii.~; ..,.~..:;t'- 5. I obtained anappl i cati on from Americ:ary,.E.,<pre,s's,ndf that in -fact theY':.did-not reciUire;ta.Q.Y'.;CitY':t6_'Uhf.,i..l:re~ '-:"ti:a . -- compI eted the appU'cation and "'.'askeC:f:Mr-: Johnson.~who. under Chief Financial Off i c:e': and~ he" i nstruc:te~~e~:,:: signed the applic:ation and :mailed it it was";'::'a-:"-" Amer i can E;{ press shortl y. the!'"eafter. _ _...... . . '."''',*.~.....; --. . - to. ... ... , ,,' io,- - '-. 6'. YOu'~r?~:~~:ci~:r~ct .~.. t!~'r:~'"-is -n~ d.;t't'ar 1 im:-At}H, thi-s~:~~~::' \ ....:.. . - . - '"il!.. ~,. . .. -........- . '._'X: --- _~i nc:e.i t has,_~c--:,be_.paid i.~__f u.!-Lea~h. mon.tM-~:'~ _..__ '__~~:;;': . _ _ _.._~~~~~~.:.: 7:: !::.:..; . "'+'$.-.... 'Z;: - - -~,~,- ...... '"7/f,~.~ :-::: ~l~[? /j/~ r ~~;'> ~:: ., ..... ..." . ...-- ~ - '-:',' '-:~-,~-::,:: ~~) \ J.>,? ..... _ ,I ~ .....llw I .,.: L_ ....... ..SIt. \ i MAR - 5 1991 I L\~C{-f----------- I I Ii 'I , ~ CL\"Q..~ ~ :i Of i~~~ ~" ::1 - . -- ~4t II .' -.-.- '.+i ~ o.rn ~ ~ ~ 4wu~_.._ ------ _+lpLDCJ...l.elLL\...L lj\~ ..~ n." L..~~~__._____ III -\.J" . ~ , .u_ .~ . -.Dr> a.Q..Q.Q.J'r\ b.u .-.0 . C{r€n ..~ ... __ . '-'::I~--~~~~ ..OlM~_-'-ID__bv_. '!I~by--4b1-_0~__~_'_b_" . -1--W> billL-~.Loo...D ..~:--Ja..~___ i~.UWt.L~ -~~'tiJ.n ~~ .._._. ;11~~__0-LUCLD_b_ruJ;t-_~ _~ ~ . I .-~-~~ -~ ~Q-tfw------ - -. clo-Q~__~_~__~QQlJD ~ch_~_o.JL.I-.c~~._ \J .w4\.O. -.~-~-o.Uola- ~.___~_~~:'\_ tsr\_~_.~_~ LL~ bQ..~uicc.u..\;~ ~).~~v \.O_~ cIo:i::~ -CC.fW icofu- ,~ ~~~~CL__~O . ! a)~;~_~_~._~ R~~.~;. ._ ~_b.L.1_~~ . ~. . :';;" -:-~<;:;--::~:. -- -0 " . .2t:1.":~,,-::: \ __ _ -, __ : ,_.\;~..~,: - e...o ...J n . l~ .::.... eM. .. ,"" .. ..- '_ ~~ .....~-:--'_..,..,..~:-.:~~_. , ,'H Cffilli ~ thW._L~~-': I Iii .-1 I ..... ~>'~ !o".-. '-.'~':"-.::~'::_;...-,~,- ..~' '1": ,. .. ..AI. .............:r :-,-37];j}:.~J:~~~ .~J~e>_ 'P'," -, ....' - ;....... ~;:... . ."... .--. ~... _...~. .. . ,.,-- ~'.':~;~,'.._.~~'.'.~;~f ...., , . ,. -- ""1.._ ~ r........:-o-.(........ ~ . :::, :i~::~..~- . :;...,~fj~~~i~j~~~;s,:ii,j.,.:.~.~'"'~~}.:-::-.~- - - . ------. " ~ --~----- !f - --- " -. --.-- -- - --- --- - 'W' ....", ;.J ,'~ ./ , ..if i I / . I - -,_. . .~, 'i"-' ~ '"i:::; D \ .\ '. _:.:. '..:-;;::1 ''J '~ \ \ M::: R - 5_ ~I~~ ~ _ _I. I __.._..._ _ . 1_-- Mrs. Jenny Inman 2948 Travelers Palm Dr. Edgewater, Fl. ,32141 1926 SE 21 St. Cape Coral Fl. ,33990,January 25, 1991 :0- ,.,~. ~y 0- . (,~ '.;..," , A \ ~~\' ~' . ,,4 ./( I'll /..:, ~'-r~ ) ,I- (~("3n ~;,&~. /'~ ,- \7;__ c. :; -I 6~S~/ ~q ~.'j L Dear Jenny, Re: American Society of Executives Thursday morning, January 24,1991 at about 9AM my wife and I drove down to Naples to the address of the refer- enced comoany; 800 Laurel Oak Drive, Suite 200,Naples Florida, 33963. I went to the 2nd floor of the bank building,which has leased offices. A receptionist on the 2nd floor by the elevator answers the phone. J asked for the offices of the American Society of Executives. She said they weren't in. I asked for their office so I could stop by and get some information. She said they shared the office with someone else. I asked for their office that they shared. She said it really wasn't an office but just an answer- ing service where phone calls and mail may be received. In fact they had no off ice. I asked where I cou 1 d reach the American Society of Excutives, she wrote down on a slip of paper (enc 1 osed) 434 6569 (a Nap 1 es number). I went home to Cape Coral and phoned the number at about 1:30PM. A man answered the phone. I asked if he was Ed Smith the name I had been given. He said this is a private residence and he had never heard of Ed Smith. I called the answer- ing service and ~ated my problem with the number she had given me. She said that was the correct number that'she had been given, and she had no other number or address. She stated they came in every few days or so to pick up messages. You must draw your own conclusions from the foregoing. The, "company", at best, is NOT available to anyone, has NO office, NO home address,NOR is there any place to serve legal papers. The foregoing is an accurate and true statement to the best of my ability. L/)~'-. /I'~ . G I~ Si~~~dh ~ Cornelius van der Linde Phone 1-813-574 2987