07-22-1982 - Workshop
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CITY OF EDGEWATER
CITY COUNCIL WORKSHOP
J u 1 y 22, 1_9?1-
Mayor Christy called the Council Workshop to order at 10:00 a.m. in the
conference area of the Community Center. *
ROLL CALL
Mayor Robert Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
Present
Present
Excused
Present
Present
City Mgr. Joseph Mitchell
City Clerk Nancy Blazi
Police Chief Earl Baugh
Present
Present
Present
Chief Baugh was excused from the meeting.
This workshop was called to intervie~1 applicants for the position of City
Attorney.
Council talked to each applicant about their retainer fee and what it
covered. hourly charges for extra work and litigation, and whether mileage
would be charged. Discussions were held with each attorney as to their
feelings about mixing politics and law, and their familiarity with municipal
law. They were also asked to name a pro-tern.
Inte!view #1 - Gretchen Vose, Ober, Grimes and Shriver, Orlando - 10 a.m.
Ms. Vose stated that she had worked for municipalities for nine years and
would like to have municipal practice solely. She did not believe com-
muting from Orlando to Edgewater would be a problem for her. She 5said
that Bill Trickle, who owns property here, and works with her firm in
Orlando, would be pro-tern.
Recess was at 10:21. Reopened interviews at 10:57 a.m.
_~~~_L~~~ - Mary Jane Henderson, Henderson and Henderson, New Smyrna Beach.
When asked how she felt about mixing politics and law, Ms. Henderson commented
that she was not a politician, and she expected no interference from her
husband. She said that the pro-tern would be a local attorney. Ms. Henderson
felt that she cow@d do the job.
Recessed at 11:35 a.m.
Mr. Mitchell said with regard to the out-of-county applicants that the City
had advertised out of the county because they were not sure what the response
would be. He believed there could be a problem with out-of-county people.
An attorney within the county could reach Edgewater in 20 minutes.
Mr. Wilbur said they would have to consider the reaction of the public if
someone from out of the county were hired, and noted that some citizens
liked to call the attorney also.
The Mayor recommended that the names of the applicants be put in the
newspapers to get citizen response.
]nterview H~ - Richard Parkinson, Parkinson & Pyle, Orlando - 11 :40 a.m.
Mr. Parkinson said that he had spoken with City Attorneys in small communities
and it was their advice that it is best not to live in the City proper because
the City Attorney must advise the City and city personnel; if he lives in
the City there is a possibility of becoming involved in a political situation,
and any legal opinions may be tainted \~ith that. He believed the City Attorney
should stay out of politics.
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I n t e r vie \II # 4 - C. All e n W a t t s, Del and - 1: 3 1 p. m .
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When asked if he believed in mixing politics and law, Mr. Watts said that in
one sense politics and law are inseparable; from the standpoint of representing
municipalities, it is the function of elected bodies to make policy, and
the function of staff, particularly the legal staff, to keep them out of
trouble. The City Attorney is ultimately responsible to the people, not
to anyone member of the Council, and not even to one particular council.
Councils may change every time there's an election. The responsibility of the
attorney is to the municipal corporation to keep it running on an even keel.
Mr. Watts said that Gene Compton, who was also present, would be his right
hand man. Mr. Watts said that he thought the fact that he lived in Deland
was to his advantage, as he could remain out of the city politics.
I n t e r vie \II # 5 - Ken H i r s h, S usa n A. En 9 1 and, 0 r m 0 n d Be a c h . ~1 r. H i r s' h 1 i ve s
Tn~gewater. - 2:00 p.m.
Mr. Hirsh said that attending meetingt 'would be no problem for him, as he
lives in Edgewater. It was his understanding that the retainer included
regular meetings and special meetings, if necessary. If there were more
than two special meetings a month, the extra meetings would not be included
in the retainer. He advised that if he were asked to make more than two
trips a month during the day from Ormond Beach, he would charge for mileage
in addition to the retainer fee.
Interview #6, Edwin D. Davis, II, South Daytona - 2:30 p.m.
Mr. Davis said that he did not have municipal law experience, but was
very familiar with litigation proceedings. He had not considered who
the pro-tern would be. Mr. Davis resides in New Smyrna Beach.
Interview #7, Ray Munson, Orange City - 3:05 p.m.
Mr. Munson said that his retainer would cover everything except litigation.
He advised he would name a pro-tern at a later time, but mentioned that he was
very impressed by the present pro-tern.
After Mr. Munson left, a discussion was held concerning the attorneys already
interviewed, and council members gave their personal evaluations of each
attorney.
Interview #8, Paul Hagglund, Hagglund & Hagglund, New Smyrna Beach
Richard H. Kolodinsky, New Smyrna Beach - 3:27 p.m.
Mr. Hagglund explained that he and Mr. Kolodinsky have an office-sharing
arrangement, but they had separate law offices. He advised that he would
be the attorney attending the meetings, primarily, and that Mr. Kolodinsky
was more skilled in litigation. They asked for a monthly retainer of
$1,000, plus $55 to $60 per hour for litigation work.
Members felt that Mr. Hagglund's retainer fee was too high and that he
lacked experience in municipal law.
In t~..!:. v i~_~~_ # 9, J 0 s e B. A 1 va r e z, Del and - 4: 45 p. m .
Mr. Alvarez reviewed his extensive municipal law experience. He asked for
$1,000 a month retainer with no limitation on the hours. Litigation costs
would be $35.00 per hour.
Responding to the question about politics, he observed that he liked to
view politics from a distance.
City Council Workshop, July 22, 1982
Page 2
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As a protem, Mr. Alvarez would recommend Mr. Robert Guthrie. His second
choice would be Hal Urich, who has been an advisor to the Orange County
Sheriff.
Council continued discussing their personal evaluations of all the attorneys
that had been interviewed.
It was the consensus of opinion that Mrs. Henderson, Mr. Hirsh and Mr. Alvarez
had received the most favorable evaluations from the majority of the Council
members, and should be considered for further review prior to any appointment.
Minutes submitted by
Nancy Blazi
City Clerk
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* Please note, during time of the workshop Council recessed between
some of the interviews and for lunch.
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City Council Workshop, July 22, 1982
Page 3
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POST OF F ICE BOX 100
EDGEWATER, FLORJDA310J2
AFFIDAVIT
March 31, 1982
STATE OF FLORIDA
COUNTY OF VOLUSIA
Before me, the undersigned authority authorized to administer oaths,
personally appeared Patsy L. McCann, who upon being duly sworn, did
depose and say:
1. The affiant is supervisor of the Planning and Development
Department of the City of Edgewater, Florida as of
December, 1981. Prior to that date she was administrative
assistant to the City Clerk and in that capacity served as
secretary to the Zoning and Planning Board from December,
1980 to February, 1982.
2. Mr. Earl Wallace was appointed to the Zoning and Planning
Board by the City Council on 4/6/81 and the Board members
unanimously elected him temporary chairman on 4/7/81 and
permanent chairman on 5/12/81 for his expertise and knowledge
concerning site plan review. At that time Mr. Wallace
stated he would prefer to decline the chairmanship.
3. Following the meetings of April and May, Mr. Wallace
repeatedly came to my office and requested conflict of
voting forms for certain site plans which his office had
done drafting service. I was unable to locate these [arms
(CE Form 4) in City Hall and requested the City Clerk to
supply me with additional forms. The City Clerk requested
additional forms' from the Supervisor of Elections in Deland.
The forms had been revised, and in the meantime a few old
style forms were found. At Mr. Wallace's insistence, due to
the time delay, previously voted on'site plans (SP-60;
65; 72; 76 and 79) were combined on one form for com'enience.
Still not receiving new forms, another group of site plans
(SP-80; 81; 82; 89 and 90) were put on another form.
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After receipt of the new forms Mr. Wallaced filed on a timely
basis. I felt this was an administrative problem and was
unaware this would create a problem for Mr. Wallace.
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Affiant
SWORN TO AND SUBSCRIBED before me this 31st day of March, 1982.
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Notary Pu ic,' State of Florida
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My Commission Expires:
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