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01-04-1988 - Public Hearing ,~ , , ~ v CITY COUNCIL OF EDGEWATER PUBLIC HEARING JANUARY 4, 1988 MINUTES Mayor Baugh called the Public Hearing to order at 6:00 P.M.in the Community Center. He stated the purpose of the Hearing was per the request of Mrs. Lynne Plaskett at the December 11, 1987, regular Council meeting. ROLL CALL Mayor Earl Councilman Councilman Councilman Baugh Louis Rotundo Russell Prater Neil Asting Present Present Present Present Councilman David Mitchum City Clerk Connie Martinez City Attorney Jose' Alvarez Chief Lawrence Schumaker Arrived Later Present Present Excused Lt. William Britain was present in the absence of Chief Schumaker. Councilman Mitchum arrived at the conclusion of the roll call at 6:03 P.M. Lynne Plaskett, 412 S. Myrtle, New Smyrna, thanked Council for allowing her to come before them. ,She asked that she be permitted to give the facts of her case without interruptions and then she'd answer questions. She noted that her attorney has documents on all that she has. She reviewed her qualifications and projects she'd worked on previously. She stated that when she was first hired by Mrs. Martinez, she was told she could receive as much as 12% increase the first year to compensate for the low pay and the fact that she was a planning assistant to no one. She said with the hope that a planning position would be available in the future, she took the job. Mrs. Plaskett stated that after a few months, she discussed with Mrs. Martinez things that certain people were doing that were not in the best interest of the City and the information was used against her at her 6-month probationary review where Mrs. Martinez tried to extend her probation, against her immediate super- visor's recommendation and against City policy and the union contract. Mrs. Plaskett stated that when she confronted Mrs. Martinez about the Planning Department's policies and procedures, Mrs. Martinez informed her there weren't any and to make up her own for Mrs. Martinez to review. She said there were times when Mrs. Martinez was mad with her and wouldn't talk to her and she'd have to find out the problem. Mrs. Plaskett stated she was denied the privilege of going to Council meetings on planning matters because of what Mrs. Martinez described as making her presence known. She said she was no longer allowed to attend Department Head meetings. Mrs. Plaskett stated that when her yearly evaluation was due, she was compli- mented by Mrs. Martinez on how she'd come a long way and Mrs. Martinez thanked her for doing a good job on writing the $450,000 grant for the Library. She said she discussed with Mrs. Martinez at that time having her job description changed to Community Development Coordinator, which Mrs. Martinez liked until a raise was mentioned, and then changed her mind. Mrs. Plaskett stated that the Mosquito Lagoon Study came up and she told Mrs. Martinez she didn't have time to read it, and since it had to do with drainage, the City Engineer should read it, and he had no problems with it and so stated in writing. She added that there were legal problems, and she allowed herself to be used to gain time for the consulting engineers to make comments. She noted that Mrs. Martinez later told her she'd embarrassed the City regarding this study. Mrs. Plaskett stated that they were to attend a seminar in Orlando regarding the Comprehensive Plan and there were four of them, including Mrs. Martinez, and she was not allowed to drive with them or eat lunch with them, and when she asked what time they were leaving to drive back, Mrs. Martinez stated she'd find out and come back and tell her, but she never saw Mrs. Martinez again that day. She said she was told later by one of the riders that Mrs. Martinez had made snide remarks about her. , v u Public Hearing - Lynne Plaskett (Continued) - Mrs. Plaskett stated she was asked by Mrs. Martinez to do a chronological review of Pelican Cove West to see if the city accepted it, and she found many discrepancies, but the one that bothered her most were letters from the Department of Environmental Regulation stating that the drinking water had not been approved and there were bacterial problems. She said the water in this project was not to be used until they got the proper test results. She noted she took the information to Mrs. Martinez, who asked that she not say anything, and she was assured that the permits had been issued. She added that she investigated and found it not to be the case. She stated she held onto this information for almost four weeks, and was so afraid the people could possibly be drinking contaminated water that she went over Mrs. Martinez's head and gave the full package to a Councilman. She added that she knew she'd be fired for this but she had to do the right and only moral thing she could. She said she didn't know if Mrs. Martinez would find out what she'd done, but when she wasn't invited to the Council meeting to discuss her department's budget, she knew she was in trouble. Mrs. Plaskett stated that Mrs. Martinez then fired her, not once but twice, with no representation and no written reprimand. She added that Mrs. Martinez tried to deny her request for unemployment compensation and the State investi- gated and found no justification. She stated she's suffered mentally, physically, and had to face extreme financial hardship, and if she knew then what she knows now, she would still have done the same thing, the right thing. Councilman Prater asked Mrs. Plaskett if she has a resume with the City and Mrs. Plaskett replied yes. Councilman Prater said he'd like to see the resume. Councilman Prater asked if she was shown the job description when she was hired and Mrs. Plaskett replied when she applied, it was one job description and when she was interviewed, the job description had changed and more was added to it. Mayor Baugh asked Mrs. Plaskett how long she had the Mosquito Lagoon report prior to the meeting in Daytona when he had to ask for a 3D-day extension. Mrs. Plaskett replied at least a couple of months but she received a lot of information and studies and wasn't aware she had to review that particular document for a meeting until the last minute. Mayor Baugh stated he didn't know anything about it until about four days prior to the meeting. Mrs. Plaskett said she knew about it probably a couple of weeks ahead of time, but didn't have time to read it. Mayor Baugh asked when it came into the City and Mrs. Plaskett replied she believed it was in November. Mayor Baugh asked when they had the meeting in Daytona and Mrs. Plaskett replied the initial study was actually sent to the City at least 2 or 3 months in advance. Councilman Mitchum asked that she explain the statement that she was fired without written reprimand. Mrs. Plaskett explained that in reading the union contract and the City policy, she understands if there was a problem with job performance or anything like that, she should have been given a written reprimand or put on notice to have these things straightened out. She said when she was fired, she was called in Mrs. Martinez's office and fired on the spot, with no written notice, no reprimand or anything, and was told to get her things and get out, and a week later she actually received a written notification of the reasons why she'd been fired. Councilman Mitchum asked if that's what she meant by being fired twice and Mrs. Plaskett replied yes. Councilman Mitchum asked what the reasons were and Mrs. Plaskett read: 1) Wanton or willful neglect in performance of assigned duties, 2) Incompetence or inefficiency in performance of assigned duties in an employee's position, and 3) Use or attempted use of political influence or bribery to secure an advantage of any manner. She noted that she assumes the third item is the packet she turned over to a Councilman but she didn't see how that could be an advantage to her. Mayor Baugh asked for City Attorney comments and City Attorney Alvarez had no comment at that time. -2- Council Public Hearing Minutes January 4, 1988 ...... (.) o ~ Public Hearing - Lynne Plaskett (Continued) - Jake Lodico asked if these are the same microphones as when he was on Council and Mayor Baugh replied no. Mr. Lodico suggested they get 1" from the mikes. Mayor Baugh asked Mrs. Plaskett to make available all the documents she referred to as he'd like to have a copy. John Scherz, Egret Court, Pelican Cove West, asked what happened to the water study in Pelican Cove West. He stated that most of their questions have to be answered after consultation with the City Attorney, and he asked why they have Department Heads and other people who get $28,000, as they should be informed of these things. Frank Roe, from the audience, called point of order, asking if it's related to the discussion. Mayor Baugh replied it's with Pelican Cove West. Mayor Baugh stated those reports were submitted and it was a good quality water. City Clerk Martinez added it was in 1982. Mr. Scherz asked if they can see the documents and City Clerk Martinez replied that a representative from their organization has a copy of that document. Mrs. Plaskett stated the letters she found in doing the report were from 7/10/85 from D.E.R. saying it had bacterial problems and another letter of 7/16/85 saying they were still having problems. She added there was a letter of 1/20/86 asking that this project had not been approved and the water cannot be used. She said there was another letter of 7/87 saying this project is still not approved. She added that she received a copy of a letter dated November 24, 1987, acknowledging the receipt of certification of the subject water distribution system had been completed, but it was not completed until this year, two months after she was fired. Harold Hardester, Egret Court, Pelican Cove West, stated he received a copy of the 1987 letter from City Clerk Martinez that was in reply to a letter in 1982. City Clerk Martinez explained that was the letter she referred to. Mr. Hardester stated he doesn't understand this interim time and the letters Mrs. Plaskett indicates she had that the water wasn't right. Mrs. Plaskett stated that the tests had not been properly done, and the letters she found from D.E.R. were the project and water had not been approved and the project was just approved in November. She added they did issue the permit, but not until this year. Mr. Hardester asked who's to oversee and supervise this to know they have good drinking water. He referred to the residue in the glass when water sets awhile. Mayor Baugh stated he gets the same basic thing, but was assured there was no problem with it. Mr. Hardester asked where he's getting his assurances, and asked if the City has someone for testing the drinking the water. Mayor Baugh asked how often it's tested and City Clerk Martinez replied 13 samples are taken every month in 13 different locations and the samples are tested by the State of Florida Department of Health, and results are available for anyone who wants to review it, and they're satisfactory tests. Mr. Hardester then referred to a recent investigation into materials in the adjacent land to Hanson & McCallister where drums and gas tanks were placed. Mr. Hardester stated he'd like an independent study done on this and Mayor Baugh replied they go on the results they get. Mr. Hardester asked if they can do something other than that and Mayor Baugh replied he doesn't know who would test it. A gentleman from the audience suggested they use the County Health Department and Mayor Baugh replied it's the same thing and he'll check with Mr. Wadsworth to find out independent companies that do the testing and how to go about getting the testing done. Mr. Hardester noted a lot of people had purifiers put in. John Scherz, 905 Egret Court, stated his concern because his wife lost the sight of her eye due to a bacterial problem and Dr. Miller said it could be due to a problem with the water. He added that she'd had trouble with the other eye for years, but he said this could be the reason for this problem. He said he'd like to find out what the bacteria is. He noted that his ice cubes are yellow and they buy water at Eckerd' s. He asked why they're going on with something else when they should look at what's going on around them and see who's in charge of what and who's supposed to do what. Mayor Baugh stated he'll find out the results. -3- Council Public Hearing Minutes January 4, 1988 o u . . Public Hearing - Lynne Plaskett (Continued) - Freeman Newell, 2450 S. Ridgewood, stated they're on a dead end line but his water isn't yellow. He suggested they may want to look at Pelican Cove West and the man who built it as there could be something else besides the City water. Mayor Baugh stated he'll check with the Superintendent about the results of the water there. Paula Rakentyne, 2524 Travelers Palm, stated she worked with the Utilities Commission in New Smyrna Beach and they can't be fired unless they're given a reason, and wondered how this could be done without just cause. Mayor Baugh replied they'll take this into consideration when they review it. Ms. Rakentyne asked if there's a personnel department and Mayor Baugh replied this will be reviewed by the entire Council. Ms. Rakentyne referred to a previous problem she had with Mrs. Martinez regarding the water bill in the depository. Mayor Baugh asked her address and Ms. Rakentyne replied 2524 Travelers Palm. Norman Billups, 1860 Pine Tree, stated he's a retired research and development chemist and has dealt with water and water treatment and sewage and sewage treatment. He reviewed how the tests should be handled to be sure they're statistically correct, and conducted during dry weather and wet weather to determine infiltration. He suggested there may be an individual specialized testing lab in Orlando, and they should go through the State. Mayor Baugh noted they go through the State now. Mr. Billups urged Council to make a good analytical study, chemical as well as biological, because they have the health of many citizens at stake. Mrs. Plaskett stated she called the County Health Department and talked to the head person in Daytona Beach and asked them procedures for tests they do and she was told they run chlorine through the water for 24 hours and flush it for 2 days and then take the tests, and she knows it's impossible to do that since these people are on that water. She said she wondered why DER hadn't pursued something since they were writing all the letters and the answer she got from them was they weren't aware of the fact that there were homes on the system, and homes were not to be permitted until a permit from the State was issued. She stated she's not sure if the water out there is okay or not because she's not sure whose water they used to send in for the test. Mayor Baugh stated he'll find out. Frank Roe, 2732 Juniper, asked if these complaints from Mrs. Plaskett were within the six-month probationary period and Mrs. Plaskett replied no, after the yearly review. Councilman Mitchum asked how long she was employed here and Mrs. Plaskett replied 18 months. Henry Scherz, 1011 Egret Court, Pelican Cove West, stated the one letter said it was approved in 1982 and then they say they can only do tests after the development was accepted and finished. He said they brought it to their attention before and there are still some houses being built on wrong positions on the property and now they're being told they have trouble with the water and there's a whole section they're told could be ground water. Mayor Baugh stated he'll check it. Mr. Scherz stated they're tired of things needing checked and they want action. Mayor Baugh said he'll find out. Mr. Scherz asked why Mr. Wadsworth wasn't at this meeting to talk about it since the water was the primary reason she was fired. He added that no other departments are here but the Chief and sometimes they send an assistant, and they should send Department Heads. Mayor Baugh said he would have requested him be here if he'd known what it would be, but Mrs. Plaskett asked for a Public Hearing and he granted it and didn't know what was tobe discussed. Mr. Scherz stated that Mrs. Martinez knew it was going to be brought up since she knew why she was fired. He added that questions from Bill Klein aren't being answered and nothing gets finished. He said he wasn't aware of the bacteria thing and they told her it could have come out of the water. He asked that an investigation be done. -4- Council Public Hearing Minutes January 4, 1988 . . . . ~ q . . Public Hearing - Lynne Plaskett (Continued) - Mayor Baugh again asked Mrs. Plaskett to make the documents available to Council of what she has and he'll review them and give Council a chance to look at what she has and it will come back as an item as to what course they want to take. Mrs. Plaskett asked if it will be on a regular agenda and Mayor Baugh replied yes. Mayor Baugh requested a motion to adjourn the Public Hearing. Jake Lodico, 302 N. Riverside, said when he ran a service company, he was responsible for everything that went on in the service department and went to meetings because that was part of his job, and the head of the water and sewer depart- ment should be here to explain what it is, or the street department, to answer any questions, plus they should have the authority to correct whatever goes wrong and report it to Council. Don Bennington, Virginia Street, said he didn't know Lynne very well and didn't meet her until after he was gone, but it's obvious no one is in charge and the problems being brought up with Pelican Cove West have been there since the start and nothing has been done. He said if they do find a problem, which she considered a health problem, you're gone. He said most of the people know what's going on in Pelican Cove West and have known all along, soit looks like when someone pushed something a little too far, they're gone. Chuck Chamberlin, Public Works employee, asked City Clerk Martinez what good a contract is if they don't live by it, and why fire someone without representation, as it states in the contract you can't do that. Mayor Baugh requested a motion to adjourn the Public Hearing. Councilman Prater so moved. Councilman Rotundo seconded the motion. Public Hearing was adjourned at 6:42 P.M. Minutes submitted by: Lura Sue Koser ATTEST: -f-~ ~ ~ ~. p ~-~ k?~ CITY CLERK- , Approved this~day of Jan~:~ ~198~ MAYR -5- Council Public Hearing Minutes January 4, 1988