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08-21-1981 - Special . , .u '" u C~TY ,Of EDGEWATER CITY COUNCIL SPECIAL MEETING , Al1'glfsV 2!"" '1'9'81 Mayor Christy stated that lIthe City Manager had called a Special Meeting under the provisions of Ord. 8170-26, which is against the charter which reads Section 15 which is illegal but it is being called to order for the following purpose to consider and act upon employee wages and the city budget FY 1982 and hiring of special counsel, let the papers read which was not put on there, Mayor Christy.s lawsuit. I am still the Mayor of this City." Roll Call Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur City Attorney Clay Henderson City Clerk Nancy Blazi Police Chief Earl Baugh City Manager Joe Mitchell Present Present Excused Present Present Present Present Present Present Councilman Lodico asked if he could speak concerning a matter that was bothering him. "When I (Lodico) called a Special Meeting the Mayor did not attend because he said it was illegal. Now, the Mayor says this is another illegal meeting but he is here. If it is illegal, why is the Mayor here?" Mayor Christy said that we were not talking about that, he had followed his orders and Mr. Lodico was out of order now. ~ . City Manager Mitchell said that a motion made at the last Council meeting to applYc,a 10% across-the-board raise for all employees was withdrawn because the PBA negotiations had not been completed nor advised to Council. The Cou~~ll held a closed meeting at 1:00 P.M. today (8/21/81) to discuss the PBA cont.ract and the Council tentatively acted on this agreement pending ratifica'tion by PBA and formal ratification by the Council. The Council is now jn a position to act, if they wish, on the wages for the coming year. . Mayor Christy said that he felt the Council should wait until they had something in writing from the PBA accepting the proposal given to the Council. City Manager Mitchell reminded the Mayor that the Council had appointed a negotiating team of the City Clerk and the Police Chief and they have indicated that the information presented to the Council represented the agreement reached during negotiations. Councilman Wilbur made a motion that the Council ,authorize a 10% across- the-board raise for all employees. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. City Attorney Henderson said that the resolution authorizing this increase was divided into three parts. Section 1 concerned municipal employees, Section 2 concerned Supervisors and Section 3 concerned the City Manager. The City Attorney read the sections in the proposed resolution. Section 1. That all municipal employees except as otherwise provided in Section 2 and Section 3 herein, shall receive an increase in wages and salaries over and above that which they presently receive in an amount which shall be Section 2. That the City Clerk, Chief of Police, Utilities Director and Director of Public Works for the City of Edgewater, Fl. shall receive an increase in salary in the amount of over and above their salaries which they are presently receiving. Councilman Pendleton made a motion that the Council authorize a 10% increase for employees and supervisors. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. - 1 - ~ ~ ~ ,0 o Section 3. That the City Manager of the City of Edgewater, Florida, shall be compensated for his services for the fiscal year 1981-1982 in an annual sum which shall be Councilman Wilbur made a motion to raIse the City Manager's salary to $25,000. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. The City Attorney read Resolution No. 8l-R-64 as amended. A RESOLUTION AUTHORIZING A PERCENTAGE INCREASE IN THE WAGES AND SALARIES OF ALL REGULAR MUNICIPAL EMPLOYEES; FURTHER PROVIDING THAT THE CITY CLERK, THE CHIEF OF POLICE, THE UTILITIES SUPERVISOR, AND THE DIRECTOR OF PUBLIC WORKS SHALL RECEIVE AN INCREASE IN WAGES AND SALARY, AND FURTHER PROVIDING THAT THE CITY ~~NAGER SHALL RECEIVE AN INCREASE IN WAGES AND COMPENSATION; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE OF OCTOBER 1, 1981. Councilman Lodico made a motion that the Council adopt this Resolution. Councilman Pendleton seconded the motion. Upon roll call the mot~on CARRIED 3-1. Mayor Christy voted NO. Mayor Christy asked the record to show that according to the charters which were mailed in July of 1981 he had not seen that resolution before it was presented. The City Attorney told the Mayor that that ordinance had SInce been amended. The City Manager said that the second purpose for which the meeting was convened is to discuss the lawsuit between Robert H. Christy and the City of Edgewater. The City has not budgeted for any legal services beyond the normal retainer and services for the City Attorney. It will be necessary to establish alternate means of paying the costs of an outside attorney. Mr. John R. Godbee has been recommended by our City Attorney and if the Council chooses to appoint him"it will be necessary to pay him a retainer fee of $2500.00. In addition a monthly billing of $5,000.00 would not be unusual depending upon the course of the case. It is suggested that the Council move to allocate (temporarily) the sum of $2500.00 for payment of the retainer. This could come from the reserve for Civil Defense and be repaid after October 1. It is further suggested that on Sept. 16, 1981 the Council hold a Public Hearing for the purpose of allocating the sum of $15,000.00 from FY 1982 Federal Revenue Sharing unappropriated :- . :-- reserves. This would allow the repayment of the $2500.00 to Civil Defense and establish a legal defense fund. The current estimated FRS reserves are $18,534. On another subject we have a bill from the shuffleboard club for $750. The Council has already approved this payment and it is suggested that this be paid from 1982 reserves. This could be included in a motion to consider a legal defense fund. Mayor Christy said that according to the law if this was not put on the agenda for this special meeting it cannot be discussed. The Mayor read the notice of special meeting in its entirety. The City Attorney said that the notice called for discussing the City budget for 1982. The request in the City Manager's memo concerns the FY 1982 budget so if the Council wished to discuss this matter it would certainly be in line. Mayor Christy asked that the record show the Attorney has stated this is legal to discuss. The City Manager said that the Council also had two questions to consider: one, the engagement of an attorney; and, the other, the payment of his services. . Mayor Christy said that the recommendation was Mr. John Godbee. Special Meeting 8/21/81' - 2 - , ,0 o The City Attorney asked if he might speak on this subject because he feels it is important on the record, publicly and otherwise to explain the predicament which the City is presently in. "As many of us all recall, in May and June of 1980, I was retained by Mayor Christy to represent him in a lawsuit against the City of Edgewater regarding an action for declaratory judgement concerning the questioned appointment of James Cameron as Council- man to the City of Edgewater. The lawsuit began a series of events which lead to a referendum and some changes in our charter and the election of this Council and my appointment as City Attorney, Jan. 5th of this year. The City Attorney of a municipality does not have the right to represent any Councilman or employee individually. The first and primary interest of a City Attorney is to defend the municipality against lawsuits and acting basically as counsel for the City. A few weeks ago, a civil action was filed naming the City of Edgewater as a defendant, it was filed by an individual citizen, Robert H. Christy, and it brings into question the charter and 'form of government of this municipality." The City Attorney continued by saying that he had mixed emotions about that lawsuit and he did not have the forum to discuss that at this time but his personal opinion is that it is frivolous and yet because it questions the existence and actions of this City and government, it cannot be ignored. Pursuant to a vote of the Council, Monday night, he entered a representation on behalf of this City. At that meeting, the question was raised of the appearance of impropriety because when he took his oath to practice law in the State of Florida, he took an oath to support the code of professional responsibil= ity. This is in effect in nearly every state in this country. In that code of professional responsibility there is a clause stating that an attorney should not seek to counsel certain clients and then oppose them on other matters. The only way that can be done is by asking the former client for- consent to continue 'in~anhadversary relationship. An attorney has a primary obligation to protect the confidences and secrets of his client. Protecting the confidences and secrets of minicipalities is a misnomer. Everything the municipality does is public record, every time we meet it is public forum. There are very few secrets in a minicipality. However, during my representation of Mr. Christy, a year ago certain information I may have gained may be confidences and secrets. I cannot imagine that any of that information would affect this present lawsuit; but, Mr. Christy as a former client, has on the record objected to me, the City Attorney, as continuing on an adversary relationship with him and it is my ethical responsibility to withdraw from the case. Canon 9 states that a lawyer should avoid even the appearance of impropriety and as such it is my responsibility to withdraw. I have called many local attorneys including some past city attorneys of this municipality. I don't mind saying that very few people wanted to take this case because certain people have made this community a laughing stock of the county. I found a very experienced counsel who has agreed to undertake the representation of this City. His name is John R. Godbee, Jr. He is 62 years old, admitted to Florida Bar in 1949. He has practiced before every court in this state, before the Fifth Circuit Court of Appeals and the United States Supreme Court. He was DeLand City Attorney, Lake Helen City Attorney and attorney for Volusia County School Board and was assistant County Attorney for Volusia County. He is regarded as a competent expert in the areas of governmental law and he has agreed to accept this case as Special Counsel for the City of Edgewater for a retainer of $2500. and an hourly rate of $100. per hour, the $100/hr. would be applied to the $2500. retainer. He agrees that this case should be settled shortly and that the .case is so frivolous that any attorney's fees and court costs can be counter sued for Mr. Christy. Mr. Godbee is recommended as Special Counsel under the terms and conditions established. A resolution to that affect has been prepared." The City Attorney asked permission to read the resolu- tion. Mayor Christy said that he thought the Council should vote on hiring Mr. Godbee before they voted on the resolution. Councilman Lodico questioned whether the Mayor's presence at this meeting was a conflict of interest. He suggested that the Mayor step down. Mayor Christy said he would not step down. He did not think it was a conflict of interest. Councilman Lodico asked the City Attorney if the Mayor's presence at the meeting was a conflict of interest. Special Council Meeting 8/21/81 - 3 - .0 o Mr. Henderson said that what Mr. Lodico said made sense; unfortunately, the Sunshine Law says that whenever a municipality discusses potential or actual litigation it must be done in public. However, it would appear that this does present a question of a conflict of interest on the part of Mayor Christy and he should be aware of Chapter 112 of Florida Statutes which gives grounds for conflict of interest. For the record, if Mr. Christy does vote on this case he should fill out a standard conflict of interest form but he does also have the right to step down and abstain from voting. Councilman Lodico said that he felt the Mayor was using the power of his position against the City. This is going to cost us thousands of dollars. Mayor Christy said that he would do nothing until he had spoken with his attorney. Councilman Pendleton said that we are faced with a situation that will cost the City money, how much we still don't know, but we must act to protect the government of the City. Councilman Pendleton continued by making a motion that the Council hire Mr. Godbee as Special Counsel. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4~0. Councilman Pendleton made a motion that the Council approve the $2500. retainer fee. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Wilbur made a motion that $15,000 be allocated from Federal Revenue Sharing Funds for a Legal Defense Fund. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-0. The City Manager said that the Council, if they so desired, should approve the appropriation of $2500. from 1981 Federal Reserve Fund under Civil Defense for the retainer fee. This will be repaid next year. Councilman Wilbur made a motion that the $2500' retainer ~ee be appropriated from Civil Defense Federal Revenue Funds for 1981 and repaid next year. Councilman Lodico seconded the motion. Mayor Christy questioned the allocations. The City Manager explained that the $2500. retainer fee would be borrowed from 1981 Civil Defense FRS and it would be repaid out of the $15,000 to be appropriated for the Legal Defense Fund out of 1982 FRS. The Mayor called for a roll call. Upon roll call the motion CARRIED 4~0. The City Attorney read Resolution 8l-R-65. A RESOLUTION AUTHORIZING THE APPOINTMENT OF JOHN R. GODBEE, JR., AS SPECIAL COUNSEL FOR THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING A RETAINER AND HOURLY FEE FOR HIS SERVICES; FURTHER ESTABLISHING THE EDGEWATER LEGAL DEFENSE FUND FROM UNAPPROPRIATED RESERVES FOR FISCAL YEAR 1982; REPEALING ALL RESOLUTIONS IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion that the Council adopt the resolution. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 4-0. The City Manager said that he would like to request that the Council authorize the payment of the monies to the Suffleboard Club in the amount of $750. under unappropriated reserves in FRS. We can do this out of this year's fund. Councilman Wilbur made a motion that the Council authorize the payment of the $750. to the Shuffleboard Court. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy asked why the resolution 1S signed by presiding officer and not Mayor. The City Attorney resolutions shall the clerk. Under veto power. said that Fla. St. 166.041 states that all ordinances and be signed and authenticated by the presiding officer and the old forms you approved things but you do not have a Special Meeting 8/21/81 - 4 - ~ -Q <.) Mayor Christy then called the next Special Meeting to order. This meeting was called by the Mayor for the purpose of discussing the request to vacate the easterly 25' easement of lot 5839, Blk. 75, Florida Shores #6, MB 23 Pg. 109. This request was denied by Council at the regular meeting on August 17, 1981. As per the attached letter, the meeting is being called for Friday, August 21, 1981 at a tentative time of 2:30 P.M. in City Hall, immediately following the 2:00 P.M. Special Meeting. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur City Clerk Nancy Blazi Police Chief Earl Baugh City Manager Joe Mitchell Present Present Excused Present Stepped out of meeting room Present Present Present Councilman Lodico asked to speak concerning the memo he received on this meeting. He received that memo before noon yesterday. He assumed that memo cancelled the meeting that had been scheduled for yesterday on the same subject. He was in City Hall yesterday but according to the second memo he received yesterday the meeting yesterday was cancelled until today. Mayor Christy said that he was informed by the City Clerk that Councilmen Lodico, Pendleton and Wilbur would be unable to attend the meeting. Therefore, "I called the meeting to order as I was supposed to but because there would not be a quorum I would have adjourned the meeting and recessed it until today." Councilman Lodico said that the Mayor had already called another meeting. Mayor Christy said that was right because, "I was told you would not be here." The City Clerk said that she would like to state that Councilman Lodico called to say that he was not sure he would be able to make the meeting called by the Mayor for August 20 because he would be bringing his wife home from the hospital. Councilman Wilbur called and said he would be out of town and Councilman Pendleton notified me he had a previous engagement. "I informed the Mayor that I had been notified." Councilman Pendleton said that the Council took action on the subject of this meeting and at that meeting Earl Copeland said that vacating this easement would cause a water problem. The statement we got from the Planning and Zoning Bd. stated that Mr. Copeland found no objection to this vacating since the drainage is unaffected. "We have a conflict here and I feel that this Council cannot do anything until this conflict is resolved. The Council is of the opinion that we will not vacate any City property unless it is to the benefit of the City. Therefore I make a motion that this :::t:::t::ga:~:u::;:~;~::~nCil~ ~~~~~e motion. ~ Mayor Approved this September, 198r-- of ; ",I I '~ fl 'l \. '. , , .' " ~ ~. " ~ ATTEST~~ 7t.. ,f" ;lA'JC. _' ~Ci~ ~ - 5 - '/.~~rt~;~~~-"~j;~:;~;1~~:,:1_~~~~f.f~/ ,f . ~\-'I~__"_'-- .--.... .~;~ '.~ :': '.' . FOR&':> 4 i ~?~ij'~""'.9;R"ANDUM OF VOTING CONFlICTJ . ,,:PART A.../;: ..:.',~~:,,;,..,:::t~ RI STY , ~. ...., , ';:;;, ;,(LAST) ,. -~'. (,~ .. ,,'Address: 1916 Everqreen Drive .,. ..'.1'; ,:.:~ 1','., ',' ,~(STREET) .:.,...,....'~"PART. ...B'.... . , P\' ..}!~;' , .',. .::_:,. .' / .:,r,.~ ,". J ': . ~y is a Urtit of [check one] : \'i_.:~:,"'_~~r-:'.t'~ .:j',' /.:~,.:,,:~. '~f~';' .' . Name'o~ AgencYT" City of Edqewater :"'''.;' i... OE'ON WHIC~VOTE occ&~'ReD?;:' ..., 2i August . :'1'9 :81 ".'>, ,- :"", . ~; .~. .' ,'1,7'-;d.~;;" ROBE RT (FIRST) H... Telephone: 90_4-427-7509 "'<>;~:f I , (A/C)' (NUMBER) . .~. VqJ~Ta- .-" " t, t (MIDDLE) Edgewater (CITY) 32032 (ZIP CODE) ,.'t .. "/. ! I . f : I l '. ,) ~. I . I (CUurll y) 1,,' S' , .p.~: (,:< '1 2:, :'t ., '. State of Florida; (X) County, City or other Pol itical Subdivision L ".'; 'Y' :,'t">:":... . Ppsitiol,l,hefd in ~ncy: :,,~ '! :~..:.-' . H ,~. Mayor , :: '11' ;.;.v, , 'l l' PARTC . .,' '" '.,..' " .', ,...: " './ .,.t :, ','" I' f . MEMORAND~M OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes @ 112.3143 (1975)] ''',.,:~,<" f ~~ ~:~~1 ~Io, .,' .. ..' ~~ .:' ' . ,:,., ~ ~,;: .., I_.~':' ~~~/~::.{:~:~-, . i. df;,you t)~v~ voted in your official capacity upon any measure in which you had a personal, private, or professional interest;M,lcil' inures: to,'//, : i':'~',_'" ',I.I,::~>,,, r.~'.,;, of ' ,. .'."" ~~. -" .',' 0,.:. '; ,~ .;'fo,ur'sP,ecial"pri\t~te gain or the special private gain of any principal by whom you are retained, please discl~se the,. nature ,of. y?url,ntere~t ; r :{~Io~:';'; '. '.'.;;; '. , I ;:'" '. ...,,,-. '~'; I . '~. ~.."' 'f 1'.; ,:,~j,~./'::~ip.tiOn ohhe matter upon which you voted in your official capacity:__I9_.bi~i vate outs i de counsel, 1" ~:r:',/' :' .;r..:.' -'r'1)j}'1,; "":."? ,r( '. '. I . !!:,,>: 'I; . n:~~N;;~,~D,B~~,<~R., as'special counsel to represent and defend City in legal action b,:~~~;~ht.., ;:.~\..,}.,:.:~{ 5 by;j,my,self""lnXCase No:,.' 81-3298-CA-01, Division B, Circuit Court of Volusi:a 'County, a'qains.t'.,:' ",I :"r~,.,;.1:!I';:-..\: ,~ ""'."1. ',I' ---.--- i.f-, ," :. I .~h.e~:pty;,..(i;ResOJution 81-,R-63) · [;:: :';'l";L~\,)..c".{ .t", ~,.'~' - .> ;', ,-I. -:.~ i- ~l.; \' " ~' :: ~>, ~ . ..... .:. ,..' ~. ..> ,;!.... _ . t, I ':, :..' -;.u,',;.'.~'-i.~-,...'.".'; ; "':~'':''''''- "'.' '1.., ",\) \.' . q'" ,'.~. ,;' ~~.;> ' . .' ,:.,~'" ,"'. :" ,., '2. ~p.ti~~'of-the personal, private, or professional interest you have in the above matter which inures to your special. private gai!\'or- ':" " ~ .. _ t ..,~ ,\,' _~"I-. , ' . :' " ~:( '" - ~ ,d:te speciat"private gain of any principal by whom you are retained: ,..; ..., ,i. . /': "',,'i ~"':;:< ' .' t ,~: . 1 . ':.,~r~;t:'. Aavi's'eW' bi~~C;'ty . Attorney, Cl ay Henderson, to fi 1 e thi s Memo. I don I t bel i eve there is a ~ 7 '~4 " "'; J.. However, the City is entitled to adequate legal counsel to represent' ' I , ! .') -,'.'1S' ~"::,-~~,!/ ...~. c8nfli~t..6r: i nteres t. ~.~ ~.':~'~/' \~~~"}("'~ "."~~. -> ,.~~ :~;)tf.;,p)defen'se of..the....civil action' I have filed against it as statad above. ,<;.",.,;,:1' As a membe'r of 7 .(' t ;.:/~~:. I ~ ~ -.i.. ' ~,,'i. ~,' '. ,_<.~'~J, :\; ~ i,./..~th e 'C'ity',Cciurlse 1 j .: .\. . . '_f:~ ~.1 : '1-:,.-.: _ ;~ .' reci~~~norl~ill which is defending this action ther~_~possiblYJ?.~_~onflict. Iwill .' I~": . ..;. ; ~. I~; ,{~: ,} ... any principal of mine recieve~ special Qrivate gain from this matter. ';1: ~: i ~/ .':{ l ;';, :::.~~t~.:-Y ("" f.t. f -".," ~',;,:~:. ~ '''~ ';', \1': ..'.. [. , k'f I...",. . ~i?':"~~:.~~..; i,. ~" . i'.~ . .~..' . i; . ~, . ;" J .J, -j' -' ., .. r(;.'. '::1~~:;', .', '. , ~ :;:'r~:' . ,f" " 'j ': ..;,.,;., ',. ~' , . , ,.-.. .,," .~,~-:. j '~...;, (";, ~~..t'" . 3. Pers'on or':principal to whom the special gain described above will inure: ,.. ''1 I. Y.'-' :_'" '. r~' (if,.) .Y~self b. ( . ,-: -~ /~ . I ~-:' f P. . I b wh 'd None nnclpa y om you are retame : __.___._.____c,._,________.___ (NAME) . ..~,. '- .< ~ -;: ,; .;, , PART 0 i ~ .. K. . "', . ',;. FILING INSTRUCTIONS ~'. . ., ',( :rhis,memora~~um must' be filed within fifteen (15) days following the meeting during which the voting conflict occurred With the pe~sOf:l' .' responsible fm,-.recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not ~ filed' mereiy:t~. indicate the absence of a voting conflict. Florida law permits but does not require you to absta.in from voting 'When a conflict of inter.~ arises;, if you vote, however, the conflict must be disclosed pursuant to the requirements described above. ,. -'. '.. '.. t,'.' _ }..:..;u ",' . '~' ~,;- .' ", . ;' E', ,G~ /J c" ":7,;" ~ ,'~'-:b~,., ~ .-----tt!-<< . ;2(; / / f/>f-;< .: ,.:;~'., :~: ". .. , SI~NATU E OF~~N DISC~N'G DATE StGNED ' .;';i'?""'; ',NOTI(:E:.-UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (19751, A FAILURE TO MAKE A REQUIRED DISCLOSUAECONSTITuTES' ,:,GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE" . .;" ':OR EMPLOY~ENT;DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A.CIVIL PENALTY NOT TO EXCeED $5.000. . ;.' ,. . \:,~E~'F~~MJ~~FF. ~/l/77 . . '- . 4:;-.f,.",..... '. ",".' . l::~' .'" I' "", '.' .' .,~.~:.i~',-...:S__---:' . ._.~~. '__ _. .; _ '_'.._~__' .____... .-" ..... ,-~ . ".. ~ -- .. ..._~.. . - ---.....,-..,-. ... ..- .,.-. -- . -_.. --...,....-..,.~ .. .. -... -.... ,.-' _....,. -- ". .~"'I"-.,'_......_....~--,-....~...;.~.",.':---~'.'..;;......