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12-01-1982 - Special r \ ~ o CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING December 1, 1982 Mayor McKillop called the Special Meeting to order at 7:00 P.M. in the Community Center. Rev. Hardin gave the Invocation and there was a salute to the Flag. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman John Spencer Present Present Present Present Present City Atty. Jose Alvarez City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present Mayor MCKillop announced that prior to beginning with the items on the agenda he wished to inform those present that this meeting of the City Council would be presided over with adherence to the City codes and State laws. Many of the subjects on tonight's agenda are contro- versial and have sparked high emotional response in the past therefore it is imperative that this Council be able to listen to and interact with one another. Item 1. The tenure of the City Manager. At the Council meeting of November 29th, the Council by a vote of 4 - 1 passed a motion of no confidence in Mr. Mitchell's ability to serve the new Council. Mr. Mitchell read a statement to the Council concerning his desire to terminate his services gracefully, in view of the no confidence vote. He has requested that the City Attorney draw up a resolution terminating the City Manager's services and setting an amount for severance pay plus all accumulated sick and annual leave due. Mr. Mitchell continued by saying he believes that the City is far better off than it was before he was hired. He added that he is leaving with no bitterness or hard feelings and will continue to work for the best interest of Edgewater. Mr. Mitchell than asked to be excused from the meeting so that the Council could discuss his proposal without his presence. Councilman Asting motioned to excuse the City Manager, seconded by Councilman Spencer. Motion CARRIED 5-0. The City Attorney read Resolution 82-R-66 - A RESOLUTION DISMISSING JOSEPH MITCHELL AS CITY MANAGER OF THE CITY OF EDGEWATER UNDER THE TERMS OF SECTION 10, MODIFIED, OF THE EMPLOYMENT AGREEMENT BETWEEN JOSEPH MITCHELL AND THE CITY OF EDGEWATER, RE~EALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer motioned to give Mr. Mitchell three months' severance pay instead of the contract amount of six months. Motion died for a lack of a second. Councilman Ledbetter motioned to give Mr. Mitchell one month's severance pay, seconded by Councilwoman Bennington. Councilman Spencer questioned whether or not the amount would be acceptable to Mr. Mitchell. The City Attorney outlined the procedure involved if Mr. Mitchell were to be summarily dismissed. It would be necessary to publicly inform Mr. Mitchell, in writing, the reasons for the dismissal. The reasons must be clearly spelled out and substantiated so that he can prepare a defense. A hearing would have to be held to present the charg~s,to allow for cross examinations, present evidence in behalf of Mr. Mitchell and to record all information on the charges. Depending on the decision of the Council, Mr. Mitchell would have the option to appeal to the circuit courts and if necessary to the district courts. Since Mr. Mitchell is no longer the City Manager the question of the procedure for dismissal is one of economics and the possibility of a lengthy dismissal procedure. (.J Q Mayor McKillop noted that the new Council should establish themselves on a positive note and not another lengthy court battle. There does not appear to be any benefit to entering into a lengthy litigation process over the termination of the City Manager. Councilman Ledbetter said he would withdraw his motion and motioned to offer Mr. Mitchell six weeks'severance pay. Councilwoman Bennington withdrew her second to the original motion for one month's severance pay. Councilman Asting seconded the motion for six weeks severance pay. The motion CARRIED 4-1. Councilman Spencer voted NO. Mayor McKillop called a short recess while Mr. Alvarez talked with Mr. Mitchell regarding the Council's decision. Meeting called back to order. Mr. Alvarez announced that Mr. Mitchell would accept the six weeks' severance pay. Resolution 82-R-66 was filled in at the direction of the City Attorney to reflect the six weeks'severance pay. Councilman Asting motioned to adopt Resolution 82-R-66, seconded by Councilman Ledbetter. Councilman Spencer said that he had hoped that this Council would define and review the duties of the City Manager and continue the services of Mr. Mitchell for six months following which we would have appraised his performance under this Council. Councilman Spencer added that he believed Mr. Mitchell had performed remarkably well under adverse conditions and proved himself a knowledgeable and capable City Manager. However, by the 4-1 no confidence vote on Monday, it is obvious that the Council members had made up their minds in advance that his services must be terminated. Therefore, in order to make this termination as painless as possible both for Mr. Mitchell and the City, Councilman Spencer said he would vote yes for the resolution. Upon roll call motion to adopt CARRIED 5-0. Item 2 Decorum at Council meetings and agenda revision. Councilman Asting made a motion that miscellaneous be moved up near the top of the agenda so that people wishing to address the Council would not have to~wait until the meeting was practically over, and-:::ageiida ppub-lished in newspaper, seconded by Councilman Ledbetter - -- . Councilwoman Bennington said that she still would like the Council to consider a workshop for the agenda. Councilman Asting replied that this could possibly be a duplication. Councilman Spencer also favored moving up miscellaneous, however, he felt that any matter on the agenda should be discussed at the time it comes up on the agenda and not under miscellaneous. He also suggested a time limit so that all who wished to be heard would have an opportunity to speak. 1b Mayor McKillop suggested that possibly the Council might meet between 6:30 and 7:00 for public discussion or the discussion of agenda items. The business meeting of the Council could commence at 7:00 p.m. Councilman Asting added to his motion by specifying that the agenda be published in Friday's edition of the newspaper, Councilman Ledbetter seconded the addition. There was a discussion concerning the cutoff time for agenda items. This will be taken care of at a later date. Upon roll call motion CARRIED 5-0. Council Meeting 12/1/82 - 2 - u Q Item 3. Telephone inter-connect to City Attorney. Councilman Asting said he did not see a need for a special line to the City Attorney. There was a discussion about the present system that establishes a line to the Deland area. This is a reverse of what would be a more sensible arrangement of a line to Edgewater. The City Attorney could be given an Edgewater number and then all staff members, Council members, etc. would be able to call him without incurring additional costs. Councilman Ledbetter motioned to TABLE this matter until Monday's meeting so that the City Clerk can get more information on the cost, seconded by Councilman Asting. Motion CARRIED 5-0. Item 4. Conflict of interest prior to voting. Mayor McKillop reminded the Council that one section of the proposed new charter had concerned announcing a conflict of interest prior to voting on a matter. He added that he believed this should be considered by the Council. Council~ Bennington said that the section of the proposed charter on conflict of interest could be used to model an ordinance on. Councilman Asting motioned to authorize the City Attorney to draw up an ordinance concerning conflict of interest, seconded by Councilwoman Bennington. Motion CARRIED 5-0. Item 5. Re-organization, removal and appointments of City boards and members. Councilman Asting motioned to TABLE this until December 6th, Mayor MCKillop said that Monday's agenda was already rather long. Councilman Ledbetter seconded the motion to TABLE. Motion CARRIED 3-2. There was a discussion about whether to hold a workshop or a special meeting. The Council discussed holding a special meeting on Wednesday, December 8, 1982. Councilman Asting amended his motion to TABLE till the special meeting on Wednesday, Dec. 8th, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Mayor McKillop called a five minute recess. Meeting called back to order. 2a Item 6. Florida Shores Paving Program. The City Attorney noted that the former Council had charged him with the duty of meeting with the City engineers and the paving company regarding the paving in Florida Shores and the fact that there had been an error in calculation of distance and also a change in the type of concrete used by the paving company which created an increase in the cost of the project. Presently, there is a bill pending for $116,000. to be paid to Martin Paving Co. While the negotiations are still going on, the City Attorney feels that it would be in the best interest of the City to pay this bill since it will not effect the outcome of the negotiations or the determination of the responsibility for the additional cost in the paving program. Councilman Spencer motioned to authorize the payment of the bill to Martin Paving, seconded by Councilwoman Bennington. motion CARRIED 4-1. Councilman Ledbetter voted NO. $116,000.00 The The City Attorney said that he hoped the negotiations would be completed soon. Council Meeting 12/1/82 - 3 - ~ u -~ Item 7 City insurance. Mayor McKillop noted that this matter had been discussed by the last Council and a workshop was supposed to be set up between the old and new Council but this workshop never took place. Councilman Ledbetter said that the only question was whether the Council would go out for bids on a new contract. The Council was misinformed on the present contract with Caton insurance because it still had a year to run. Councilman Spencer motioned to continue with the present contract and go out for bids around July 1983, seconded by Councilman Asting. The motion CARRIED 5-0. The City Clerk requested that the special Council meeting set for Wednesday, December 9th be held at 7:30 instead of 7:00 p.m. due to a previously scheduled event that will not be finished until 6:30 p.m. The time will be needed to set up for the Council meeting. The Council agreed to this request. Item 8 Site Plan SP 8201 - Pelican Cove West. Mayor McKillop said that he had a memo from the City Clerk listing certain items that have not been complied with in regard to this development. The City Attorney noted that the memo was prepared by the City Clerk at his request. The main concern at the time was the posting of the bonds. The bonds were to be posted in an amount that was determined by the City engineers to be sufficient to cover a guarantee of the completion of improvements. The City Clerk said that she has been told the bond monies have been given to the City but she has not had an opportunity since returning from vacation to check with the Planning Dept. on the 5% recreation fee. The Deputy City Clerk had stated that a recreation area was indicated on the final plat which would satisfy the ordinance. The City Clerk added that she has not seen the plat but if a proper recreation area has been included, it would appear that the developer had complied with the requirements. Councilman Spencer motioned to have the City Clerk inform the Council at the next meeting whether or not all requirements have been met, seconded by Councilman Asting. Motion CARRIED 5-0. Item 9 Review City Manager duties and responsibilities. Councilman Asting said that there had been a number of resolutions and ordinances passed that give the City Manager extraordinary powers and motioned that the City Attorney be given these ordinances and resolutions to review and report back to the Council, seconded by Councilman Ledbetter. Councilman Ledbetter noted that he would like the motion amended to rescind the ordinances and resolutions that gave the power to the former City Manager. Councilman Asting said he would accept that in his motion because these ordinances and resolutions could apply to any City Manager who might be appointed in the future. Councilwoman Bennington said that she believed there was plenty of time before another City Manager was considered and it was not necessary to do this immediately. Councilman Asting responded that all he is requesting is that the City Attorney be given these ordinances and resolutions to review and to report back on those that should be repealed. Councilman Spencer said that he felt the Council should determine what the duties of a City Manager should be and the City Attorney should verify that these ordinances are properly prepared but the City Attorney should not determine what are ~roper duties, that is the prerogative of the Council. Mayor McKillop agreed with Councilman Spencer that the Council should not delegate the decision of City Manager duties to the City Attorney, the Council must determine where the power rests with a City Manager. The City Attorney noted that the Council must decide which ordinances or resolutions they wished repealed and he would advise them on the procedure for repealing those documents. Councilman Asting gave the example of the ordinance allowing the City Manager to call special meetings. The City Clerk suggested that each Council person be given a package of these ordinances and resolutions and then possibly set a workshop. ~ti Mayor MCKillop handed the gavel to the Vice Mayor and then made a motion that a package of these ordinances and resolutions be given to each of the Council members and that a workshop be set to review those duties and responsibilities, make recommendations to the City Council Meeting 12/1/82 - 4 - ~ ~ Attorney and he can advise the Council as to the proper procedure, seconded by Councilman Spencer. Motion CARRIED 5-0. (There was no roll call on the motion by Councilman Asting) The Council agreed they would hold a special meeting on Thursday, December 9, 1982 at 7:00 p.m. Item 10. Briefing Sunshine - Public Documents - Councilman Spencer requested permission to ask the City Attorney a question concerning the fact that the Council has dismissed the City Manager and whether or not there should be a temporary or acting City Manager appointed at this time. Mayor McKillop suggested that they complete item No. 10 and get through the agenda before discussing Councilman Spencer's question. The City Attorney gave each Councilman a package of information concerning the sunshine laws and laws pertaining to public documents. He noted that board members should also be brought up to date on the laws that pertained to the boards. There are three basic laws that pertain to elected officers - sunshine law, public records and financial disclosures. He requested that the Council carefully read the information he had given them so that they would know what was required. He noted that Council should be very careful in regards to the sunshine law. Councilman Spencer then asked the City Attorney if it was proper at this time to appoint an acting City Manager. The City Attorney replied that the charter gives the Council the power to hire and fire a City Manager therefore the Council would also have the power to hire an interim City Manager. Councilman Spencer motioned to appoint Nancy Blazi as Acting City Manager, Councilman Asting seconded the motion for discussion. Councilman Ledbetter said that it appeared as if someone did not listen to the election. We have a very capable City Clerk, the charter says there shall be a City Clerk. The City of Edgewater has been run by the City Clerk before and it shall function again under her so I see no reason to appoint anybody as City Manager at this stage of the game. Councilman Asting agreed with Councilman Ledbetter that the City has functioned extremely well under a City Clerk. Mayor McKillop said that the Council still has not reviewed the duties and responsibilities of the position of City Manager. There should be sufficient time to determine which style and type of management would be used to set Edgewater on its new course. It would be difficult at this time to appoint a City Manager after assuring Mr. Asting that a manager would not be appointed prior to the Council reviewing the duties and responsibilities of the position. Mrs. Blazi said that it has always been a pleasure to work for the City as City Clerk and she would certainly like to continue working as City Clerk. The charter gives the City Clerk certain responsibilities and under the guidance of the Council, if the Council so wishes, and Mrs. Blazi added, that she would be willing to take over for an interim period but would prefer to do so as City Clerk. Councilman Ledbetter said that he has been in Edgewater over 20 years and he has seen three City Managers come and go. Mrs. Blazi is very capable of performing the duties that the charter says that she will perform and most of these duties were taken away from her during the past 18 months. We can use Mrs. Blazi and the City will run beautifully until it is decided what the people here want to do. Council meeting 12/1/82 - 5 - /. . . (J Q Mayor McKillop noted that the City is in a transition period. There are a number of ordinances that set up a particular form of government. We have set a meeting to discuss these ordinances. We have matters pending before the Council that are going to require that our management structure in the City be solidly in place and reviewed. There does not appear to be any urgency to act prior to that review meeting. Upon roll call the motion DID NOT CARRY 4-1. Councilman Spencer voted YES. Councilman Asting said he believed the City would continue to function under Mrs. Blazi's guidance. Councilman Asting motioned to allow a miscellaneous period to permit the people to address the Council, seconded by Councilman Spencer. Motion CARRIED 5-0. Miscellaneous Mr. Robert Christy spoke to the Council concerning the salary of Mr. Alvarez, City Attorney. He believes that the Council should consider additional compensation for the attorney in view of all the extra work that will be necessary in establishing the new Council. Mr. Walter Gross questioned whether or not the public would be given the opportunity to speak during periods when the Council is considering resolutions and ordinances as well as during the miscellaneous period. He continued by suggesting that possibly some of the board meetings could be held in a different place rather than always use the community center for these board meetings. Mr. Gross also spoke about the road paving and the expected increase in. the assessment and said that he believed the City was going to have a lot of problems collecting the money. Mr. James Seeley spoke about the extended contract of the former City Manager and the large amount 3a of severance pay. He also asked about the conflict of interest ordinance. Mayor McKillop explained that if the Council wishes to pass an ordinance concerning conflict of interest it would mean that a person would have to declare the conflict of interest prior to voting on an issue. Presently, all that is necessary is filing a conflict of interest form within 15 days after the vote. Mr. Frank Opal talked about the conflict of interest and that he approved of the proposed ordinance, he also spoke about the sound system that still needed improvement and he also believed that the recent election showed that the people did not want a City Manager. Mr. Carmen Montesano noted that the new Council appeared to agree on most items and that was a good start and he also asked about the road paving and liens against property stating that he believed people should be notified that if they don't pay there will be a lien against their property. The City Attorney replied that if the City complied with the regulations of State statutes on assessment procedure then the City would have the right to put a lien on property if the assessment was not paid. Mr. Joseph DeMuch congratulated the Council on their first meeting. Mr. Cichewicz spoke to the Council about a drainage problem he had in the Wildwood subdivision. He gave a copy of his letter to the Council and was told it would be taken under advisement for the next Council meeting. Mr. Tom Wyatt spoke about putting a Christmas tree in front of City Hall on a volunteer basis as far as cost and decorating was concerned. The suggestion was received favorably by the Council. Councilman Ledbetter congratulated the Council on a good meeting and motioned to adjourn, seconded by Councilman Spencer. Meeting was adjourned at 9:20 p.m. ATTEST: .t ']UAlh f . . J1!y' City Cle k \J . fP' Approved this JO day of December, 1982 4t:/~qY' #F~~& '---JJC4i:' ,. (']!g Councilman Le be ter c6~o~ co:lft;{>-ftfn1 Council Meeting 12/1/82 YES ~n I \ I I CU0 I (J I r~i ~I I