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05-16-1989 - Special ..., ""W/I CITY COUNCIL OF EDGEWATER SPECIAL MEETING MAY 16, 1989 8100 p.m. MINUTES Mayor Mitchum called the Special Meeting to order at 8:00 p.m. in the Edgewater Library. He stated the purpose was to adopt the details of the Acting City Manager position. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez Acting City Manager Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Excused Present Present Councilman Hatfield expressed concern that the City Attorney wasn't able to be present as there were some legalities regarding this subject since the Mayor would be serving in a joint management position with the City Clerk. Mayor Mitchum clarified that he understood she would be the Acting City Manager. Councilman Hatfield stated they'll have to look at salaries since the City Clerk is taking on more responsibility and the Mayor will be at City Hall full time and will take off from his job. Councilman Gold stated that he'd also hoped the City Attorney could be present as he'd received 9 calls that day about the legality of it. He said he realizes it's the Attorney's opinion until it's challenged. Mayor Mitchum stated that he wouldn't participate in any vote the Council makes that concerns him. He pointed out this was done over a year ago in the same situation on the advice of the City Attorney. He added that the City Attorney had advised Council that he'd be on vacation and couldn't attend this meeting. There was discussion about how this was handled in the past when former Mayor Baugh and Mrs. Wadsworth were in charge and how long it was effective. Mayor Mitchum agreed that a legal opinion is just that until it's challenged and that's why they pay the City Attorney. Councilwoman Bennington asked if he was able to work it out with his employer and Mayor Mitchum replied it was not a problem. Councilwoman Bennington stated that she didn't think he should have to take his vacation time. Councilman Hatfield stated the Mayor should be compensated for the time off from his job. Mayor Mitchum stated that he has a good job and is well paid but to take time off would be a burden if it were 2 months with no pay but he's not in this job for the money. Councilman Hatfield asked that Councilman Fish work hand in hand with the computer setup since he was on that committee that recommended it and is familiar with them. Councilman Fish agreed. Councilman Hatfield asked if they need a motion and Mayor Mitchum advised it couldn't be covered now since it's a special meeting and they'd named Councilman Fish to the committee and didn't disband that committee. Councilwoman Bennington asked how Mrs. Wadsworth was compensated before. Mrs. Wadsworth replied that it was the low base for the job title but this doesn't have a low step and is a negotiated position. Councilwoman Bennington asked the advertised range and what she expects. Mrs. Wadsworth replied it's Council's pleasure and then they'll discuss it. Councilman Hatfield asked what she's making now. Mrs. Wadsworth replied $11.23 an hour. Councilwoman Bennington asked the high step of City Clerk and Mrs. Wadsworth didn't know. Karen Rickelman, Finance Officer, stated that it's a Department Head position and isn' t in a grade but it has a 1 "'" ..", m1n1mum and maximum and she was put at a grade that wasn't less than what she was making. Councilman Gold suggested she go into the next step for that classification. Councilwoman Bennington asked Mr. Kelly's salary and Councilman Hatfield replied $36,000 and Mrs. Wadsworth is making $23,200 a year. Councilman Hatfield suggested it be $500 a month additional for the two months which would move it to right at $30,000. Mrs. Wadsworth agreed. Councilwoman Bennington agreed that would be fair with more responsibility. Councilman Fish didn't see a problem with it due to the added responsibility and pressure. Councilman Hatfield moved that they increase Mrs. Wadsworth's salary during the interim to $500 a month. Councilwoman Bennington seconded the motion. Councilman Fish asked if it's to increase to this. Councilman Hatfield replied it's for a two month period for the interim. Councilman Gold stated the interim is for two months and that would be the deadline. Mayor Mitchum suggested they state two months and it would have to be re-addressed at that time. Councilman Fish pointed out it's still a substantial savings over what they paid the City Manager because he made $3,300 a month. Councilman Hatfield reminded them they have to compensate the Mayor. Motion CARRIED 5-0. Councilman Gold questioned if the Mayor would be entitled to his $500 a month salary as Mayor if he's compensated in another position. Mayor Mitchum suggested they take that into consider- ation and the figure would be counting the Mayor's salary. He requested that whatever they decide on that it be no benefits and just what they already have as Council and there will be no hidden costs but just a dollar figure. Alice Murphy, from the audience, expressed her fear for the City. Mayor Mitchum reminded her that this wasn't a public hearing and they'll address it later. Councilman Fish asked if he can maintain his benefits through his current employer and Mayor Mitchum replied yes for the retirement plan he has and he has insurance with the City. Councilman Hatfield calculated that $3,300 was being paid to the City Manager plus his benefits and they allocated $500 per month to Mrs. Wadsworth so $2,800 is what he had in mind. There was discussion about the figures and the savings. Councilman Hatfield asked if that's acceptable and Mayor Mitchum replied it's fine. Councilman Hatfield moved to pay the Mayor for this two month period $3,300 a month which takes in the $500 a month, so $2,800 is the increase over his salary for the two month period. Council- woman Bennington seconded the motion. Councilman Fish stated it will be set up for two months. Mayor Mitchum and Councilman Hat- field agreed. Motion CARRIED 4-0. Mayor Mitchum abstained from voting. Councilwoman Bennington asked when he'd be available and Mayor Mitchum replied by Monday. Alice Murphy spoke on dual compensation because he's on duty 24 hours a day as Mayor and can't receive a salary as Assistant City Manager from the same agency and he may have to forfeit the Mayor's salary and raise it. Councilman Hatfield clarified that they just did that. Mrs. Murphy stated that he may have to step down as Mayor. Mayor Mitchum pointed out this was done before. Mrs. Murphy stated that Earl Baugh didn' t receive a salary and she thought it was because he didn' t want to run up against dual compensation. She asked about the Sunshine Law and if Council can come in. Mayor Mitchum replied that Susan Wadsworth is the Acting City Manager and there will be no legislation discussed by him. Mary Martin stated that the Mayor is to assist Susan Wadsworth and she's overworked and he'll have to assume a lot of responsibility and he'll be acting as City Manager indirectly and it will be perceived that way. She expressed concern about the two month time frame and if they're going to try to get a City Manager that 2 Council Special Meeting Minutes May 16, 1989 '-" .."" quickly, they might be trying to force that time frame. Mayor Mi tchum said he has no intention of going any further than it absolutely has to and they'll address this at that point if there's not a viable candidate. Councilman Hatfield suggested that Susan Wadsworth as Acting City Manager delegate some of her City Clerk responsibilities to others in the City and she has that prerogative. Councilwoman Bennington stated that they have very good Department Heads that will help carry the load and her idea had been that if Susan needs assist- ance, the Mayor will be there to answer questions or take public input. She added that they'd agreed to start right away on the applications as they come in so they won't be rushed. Mary Martin noted that's assuming the person selected can start right away. Mayor Mitchum said he'll do what Susan tells him to do and can work on the CIP and will follow through with other issues and whatever comes up. Karen Rickelman, Finance Officer, asked when the increase in pay starts. Mayor Mitchum replied today at 8 a.m. Jim Borqerson asked Council to decide on the swimming. Mayor Mitchum asked how that pertains to this special meeting item. Mr. Borgerson said he was told he could be heard tonight. Mayor Mitchum apologized for not being able to bring it up. Galen McClain asked if they plan to do a background check on the incoming person before they hire him. Mayor Mitchum replied he'd bring that up at the next Council meeting because they need to set a format. Councilwoman Bennington agreed they should address it when they start going through the applications. Karen Rickelman, Finance Officer, asked if the amount for Susan Wadsworth comes to $2.88 an hour and if they charge her salary to the City Manager. Mayor Mitchum asked Mrs. Wadsworth to get with the Finance Director. Ms. Rickelman stated that they paid $14,000 for the City Manager with accrued sick and vacation time plus severance pay. Mayor Mitchum pointed out that was per his agree- ment and his contract with the former Council. Councilwoman Bennington stated that she had questions on that. Councilman Hatfield noted that it was paid already. Councilman Hatfield moved to adjourn. Councilman Fish seconded the motion. Meeting was adjourne~dat 8.35. p.m. .~ Minutes submitted by: Efi2~--/ Lura Sue Koser '2/t _~ tf2t:.S < MAYOR ~JJy",;""" COU I "!)"4' . \ . /' ....., ,-.......' ". ....., ~ C:"cvse.J COUNCILMAN - ZONE THREE 7~ .A .~ COUNCILMAN - ZONE FOUR (kL o App~oved this /1 ~.f ~AbJ:i; . YOR 3 Council Special Meeting Minutes May 16, 1989 --~. ~ . . '---FORM 8B MEMORANDUM OF VOTING CONFLICT FOR . COUNTY. MUNICI~~l. AND 'OTHER Locr. PUBLIC OFFICERS 1...S1 NAMl-F1RST NAMI:--MII>DLE NAME < NAMl: OF BCMRO. ~(:Il. COMMISSION. ~'THoRln. OR COMMITTE[ Mitchum David L City Council MAILING ADDRl:SS THE BOARD. COUNCil., COMMISSION, AUTHORIH, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF; 2946 Orange Tree X - CITY COUNH OTHER I..O('Al AGENCY l'In ('OUNn NAME or POLITICAL SUBDIVISION Edgewater Vol usia City of Edgewater o...n 0" \\ HICH von CXTURRED M\ POSITIO,", IS May 16, 1989 Mayor X ElECTIVl: APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting connict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this rea~on, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: r~.~ ,. . A person holding elective county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) b~ whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by'publicl~ stating to the assembl~ the nature of your interest in the measure on which you are abstaining from voting; and WITHlr-.: 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form ",.m, the person responsible for recording the minutes of the meeting, who should incorporate- the form in the minutes. APPOI'TED OFFICERS: A person holding appointive count}, municipal. or other local public office MUST ABSTAII" from \oting on a measure which inures 10 his special private gain Each local officer also i~ prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agenc~) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any allemptto influence the decision by oral or wrillen communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. . A copy of the form should be provided immediately to the other members of the agency. . The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (I I ( 'If \ 1 -Ii III Ifl, PA(.l I .. \ . )F YOlhY..'\KE. NO A lTEMPT TO INF' . 'ENCE THE DECISION EXCEPT BY DI~"'" 'SSION OR VOTE AT THE MEETING: . ,You should disclose orally the natur~ your conflict in the measure before pa~atinB. . You should complete the form and file it within IS days after the vote occurs with the person responsible for recording the minutes of the meetina. who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST ])rfjJ,'d l- ;1!t'!L-k/YJ . hereby disclose that on ~ar /~ .19ff.: I, (a) A measure came or will come before my agency which (check one) ./ 5?<.- ~rt~ _ inured to my special private gain; or _ inured to the special gain of . by whom I am retained, <N The measure before my agency and the nature of my interest in the measure is as follows: COd-lYC-I'! ftl~ IfQV -/0 ~M/?- /?1r' 5t'/r a~s,..:sr /A/ ~~ tf1 /f!- ,-~/r;''-- ~ -r c"if',. fl>d ~7 ~tIl.....,L c~,;v~'; r e!f' /'" /;.v~rz..r7 y-.2-.2 -$1 >>~c? Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f1l2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,OOO. CE FORM 18 . 10-86 PAGE 2