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06-21-1989 - Special '-" ~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING JUNE 21, 1989 MINUTES Mayor Mitchum called the meeting to order at 6:00 p.m. in the Edgewater Library. He stated the purpose was for selecting a City Manager. ROLL CALL Mayor David Mitchum COuncilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez Acting City Manager Susan Wadsworth Lieutenant William Britain Present Present Present Excused Present Arrived Later Present Present Mayor Mitchum recessed the meeting at 6:04 p.m. to await the arrival of City Attorney Alvarez who arrived at 6:05 p.m. The meeting was called back to order by Mayor Mitchum at that time. Mayor Mitchum stated Council went through two interviews and two people had declined of the four selections and he wanted direction and input from Council as to what they want to do since the advert i sing dead 1 i ne is June 30th. He pointed out that George McMahon was scheduled for the 27th and has now declined the interview on the 27th. Mrs. Wadsworth agreed. Mayor Mitchum stated they have to decide if two interviews are sufficient and the resumes they've been getting don't meet the criteria. Councilman Fish agreed. Mayor Mitchum pointed out that Donald Lusk declined to interview. Councilman Fish stated the level of activity in respect to resumes has decreased to almost non-existent and some days no resumes are received. He said that he feels everyone sincerely interested has made application at this time but they shouldn't be hasty. Councilman Fish suggested they decide how they plan to establish a professional profile on the candidate they negotiate with as he feels itls vital. He suggested they get someone on board as soon as possible and not drag their feet. He requested input from Council on the information held distributed at the last regular meeting. Councilwoman Bennington said she didn't have a chance to look it over. Mayor Mitchum asked if held checked with any others. Councilman Fish replied no, that was the only one he knew of. Mayor Mitchum questioned how deep it would go because the low price indicates it may just be telephone calls like they could do themselves. He asked if the City Attorney had looked over the service agreement. City Attorney Alvarez replied no. Councilwoman Bennington explained she thought the meeting scheduled for the 27th or 28th was to include this to give them time to review it since they'd had meetings the last two nights. Mayor Mitchum explained he called this meeting to be sure everyone is well informed and he knew some of the Council would be at the later meeting tonight. Mayor Mitchum asked if they want to interview anyone else or if they want to call Mr. McMahon for another date. Councilwoman Bennington pointed out that George McMahon was a finalist prior to this selection and couldn't make it for whatever reason and then he couldn't make it for the 13th, the 20th, or 27th, and it appears that he just cannot make it. Councilman Fish agreed it appears he's not really interested in the position. Councilman Hatfield pointed out he's had legitimate reasons for not being here, but they have two good people to deal with. He added that held have liked to meet Mr. McMahon but some things just aren't meant to be and that might be the case here. He suggested they could select from these two and negotiate with one, and if they canlt, they'll cross that bridge later. Mayor Mitchum agreed they're both good candidates and he feels they should work with what they have unless someone real good comes along. 1 f' .... ...." Councilwoman Bennington stated both interviews were excellent potential candidates but they shouldn't sell themselves short as there could be a last minute candidate, and if they start negotiating with someone and someone else comes in, they'd be locked in, and it's not fair to someone they're negotiating with if they already have made arrangements. Councilman Fish stated he sees no harm in negotiating with one individual and if another comes along that's well qualified they could negotiate with that person also and come up with the better of the candidates and the better of the two packages. Councilman Hatfield stated he hates to bring someone here a second time and negot i ate wi th them and they have peop 1 e in both these cases that are very capable of running this City and very interested. He added there are two "birds in the hand" and if they wait too long and drag their feet they may lose one of them. Councilman Fish agreed that's a real possibility. Councilman Hatfield stated they don't want to rush in or drag their feet. Councilwoman Bennington agreed she hates to lose a candidate for whatever reason but if they lose the #1 choice, perhaps it was meant to be as was said about Mr. McMahon. Mayor Mitchum suggested they call both candidates and tell them where they stand. Councilwoman Bennington and Councilman Fish indicted they had no problems with that. Mayor Mitchum pointed out they would know that it's a 50/50 choice instead of 1 to 4. Councilwoman Bennington suggested they could negotiate with both of them. Mayor Mitchum didn't agree and felt they should select the top choice and negotiate. Councilwoman Bennington noted they forgot to ask Ms. Miller when she could start. Mayor Mitchum said he thinks it could be tomorrow. Councilwoman Bennington and Councilman Fish agreed that was probably correct. Councilman Hatfield asked that Councilman Fish explain the payment. Mayor Mitchum asked if they can call Louise Miller and Elly Johnson and tell them where Council is at. He added that the deadline is June 30th. Councilman Fish suggested they move on this at 5:00 on the 30th. Mayor Mitchum asked to tell the candidates a decision will be made on the 30th. Councilman Fish suggested they recess this meeting and reconvene it at that date and time. Councilwoman Bennington pointed out someone else could come in who just got the ad. Council- man Fish expressed confidence that everyone has seen the ad by this time. City Attorney Alvarez suggested he work on the profile with Councilman Fish and perhaps contact one or two other firms to have an idea where they are on the price range and procedures, such as telephone calls or interviews. He added that he d i dn I t rev i ew the agreement in deta i 1 and fee 1 s they have to ho 1 d them harmless. Councilman Hatfield asked if itls regarding liability of the information they get. City Attorney Alvarez explained it's in case there's some matter that's disclosed weill have to bail them out. Mayor Mitchum explained the contacts between Mr. McMahon and Mrs. Wadsworth regarding his availability for interview with his most recent date available to be the 28th. He asked if they want to interview him on the 28th. Councilman Fish replied he think he's had more than an opportunity and theylve extended themselves and this would never have been done in business holding off a position for this length of time for one individual. Councilman Hatfield disagreed and said if there's a possibility they should look at it because he's had legitimate excuses. Mayor Mitchum agreed he had a legitimate excuse to that time and the agreement was for the 27th and then he changed it. He pointed out held submitted his resume some time ago and when they submit it they have to know they'll be called and they can't put Council off for two weeks. He noted that Mr. McMahon told them after the first interview scheduled that he had a foot ailment and it was not major surgery and they were put off another week and now it's the 28th. Councilman Hatfield pointed out it's still within the time frame. Councilwoman Bennington stated they have no guarantee that they'" set it up and he won't change his mind again. Mayor Mitchum agreed to the 28th if Council wanted it. Councilman Hatfield stated they have two good applicants and he won't make an issue of it but held like to hear from him. Councilman Fish stated he has a bad feeling that his priorities aren't in the right place. Councilman Hatfield stated that operations are operations and there are deaths in a family. Councilman Fish pointed out you can put off minor surgery for important things and they've been put off too many times. Councilwoman Bennington agreed that 2 Council Special Meeting Minutes June 21, 1989 (Recessed) ~ '-' ....., between the past and this time he's had ample time to make arrangements if he was really interested. She added that his resume is really good. Councilman Hatfield stated he's the only one all 5 Council members agreed on. He added the consensus is they not interview so they'll drop it and they have two good applicants and can make a good choice from the two. City Attorney Alvarez said the recommendation can be ready by the 30th and the matter won't be implemented until then. Councilman Fish agreed. Councilman Hatfield asked about the flat rate services. Councilman Fish explained the one page on the professional profile lists what's covered on the flat rate service and if you want additional items, it will be at the rate listed. He said it's $123.50 for a 12-year period for an applicant being the age they are. Council- man Hatfield pointed out it's $123 plus telephone. Councilman Fish explained anything not listed under the heading of standard would be additional and they can get as much history as they want. He added he didn't look into the market for the same type firms because of lack of time and it's different from an investigation. Councilman Hatfield said it's probably more like what they need. Mayor Mitchum agreed but added that he doesn't want to pay for something they can do and doesn't want just a telephone survey. Councilman Fish said he understood it was a telephone-type survey but to cover as many of the things as they cover is very time consuming. Mayor Mitchum stated it may be more pro- fessional than each of them doing it. City Attorney Alvarez noted the Council should articulate on the specific areas in the individual's history they're interested in, just business, or personal, or criminal records. He said when they determine what they're interested in they can zero in on it to see if it can be handled adequately by telephone, if it requires personal interviews, looking into records, or interviews of certain key individuals. Councilman Hatfield stated he'd rather one person do the telephone interviews then all of them doing the same thing and asking the same questions. Councilman Fish agreed. Councilman Hatfield elaborated it wasn't fair to call them 4 times since they have business and lives of their own, but perhaps they could each take separate areas to research. Councilwoman Bennington pointed out they don't have access to some areas for research. It was agreed the Police Department could assist in some areas. Councilwoman Bennington said they need an employment history and a record of their interviews with Council. She said she talked to other City Managers and they discussed talking to neighbors to see what type a person they are and she didn't want to go into the personal background but to make sure they don't have a criminal record, are not bankrupt, and verify the education. Mayor Mitchum suggested City Attorney Alvarez and Councilman Fish go over it and bring something back. City Attorney Alvarez suggested they ask the repre- sentatives of the companies to attend a meeting for a presentation to tell them what to do and how to do it and answer questions. Councilwoman Bennington suggested they do that on a meeting on the 28th and decide which one they want to go with and then on the 30th do the hiring and call whoever they're going to do the background profile on. City Attorney Alvarez added and to hold the City harmless. Councilman Hatfield asked if this firm is only in Atlanta, Georgia. Councilman Fish replied there's an office in Winter Park. City Attorney Alvarez noted they're widely used by attorneys for surveillance. Councilwoman Bennington suggested they let the City Attorney and Councilman Fish get together and have the representatives of whatever firms they agree on to come to the special meeting on the 28th at 7 p.m. Councilman Fish moved to recess this meeting and call a special meeting on the 28th to deal with the background investigation and direct the Acting City Manager to call both of the finalists and inform them of our position and our time table and recess until 5:00 on the 30th. Councilwoman Bennington seconded the motion. Councilman Hatfield asked if the meeting on the 30th will be in City Hall and the 28th in the Library. Mrs. Wadsworth replied the 28th is already booked in the Library. Motion CARRIED 4-0. Meeting was recessed at 6:38 p.m. 3 Council Special Meeting Minutes June 21, 1989 (Recessed) ,... ....", RECONVENED SPECIAL MEETING JUNE 30. 1989 MINUTES Mayor Mitchum called the recessed Special Meeting of June 21, 1989, to order on June 30, 1989, at 5:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez Acting City Manager Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Arrived Later Present Present Mayor Mitchum recessed the meeting at 5:02 p.m. to await the arrival of City Attorney Alvarez. He called the meeting back to order at 5:07 p.m. since the City Attorney had not yet arrived. He stated this meeting was recessed from June 21st for selection of a City Manager. Councilman Fish stated held carefully reviewed all the applications and he moved to contact for negotiations Mr. Elly Johnson. He added that he felt he's best qualified of the applicants they've received and those they've spoken with and he thinks he has the qualities and experience they need, especially with the major construction projects. He added that he has the experience and ability to deal with personnel problems and day to day operational problems of the City and he moved they hire Elly Johnson. Councilman Gold seconded the motion. Counc ilwoman Benn i ngton suggested it shou 1 d be cont i ngent on background and negotiations. Councilman Fish withdrew his motion. Councilman Gold withdrew his second. Councilman Fish moved they contact Elly Johnson and hire him contingent on a background investigation and successful negotiations of an employment agreement. Councilman Gold seconded the motion. City Attorney Alvarez arrived at the meeting at this time, 5:10 p.m. Motion CARRIED 5-0. Mayor Mitchum suggested they adjourn this meeting and go into the next special meeting for discussion. Councilman Hatfield moved they adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 5:12 p.m. L1~p MAYOR Minutes submitted by: Lura Sue Koser OVNCI OMA'N - ZONE T I ~// '1' ",,/ /"' /~+:/t't44-(e/ a " 4' <:0'/ COUNCILMAN - ZONE THREE ~ (?u~ ~E?r;1 j&. C/"c 5 / Uf f ATTEST: 4 Council Special Meeting Minutes June 30, 1989 (Reconvened from June 21, 1989)