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FEBRUARY 25, 1998 5:00 PM SPECIAL MEETING Present were: Commissioners Jeffrey J. Boyle, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Deputy Mayor Gillooly called the meeting to order at 5:07 PM. Commissioner Persis was not present, therefore, Deputy Mayor Gillooly recessed the meeting for fifteen (15) minutes to review legal points. The meeting was recalled at 5:20 PM. Due to the lack of a quorum, the meeting was recessed until 7:00 PM, when it was expected a quorum could be reached. At 7:00 PM, Deputy Mayor Gillooly reconvened the meeting, and called a recess for ten (10) minutes or until the candidate to be certified arrived. The meeting was reconvened at 7:04 PM. Deputy Mayor Gillooly called for a moment of silent prayer for the victims and the survivors of the tornado which ravaged parts of Volusia County as well as neighboring counties. Item #2 - Pledge of Allegiance Deputy Mayor Gillooly led in the Pledge of Allegiance. Item #3(A) - Regular Municipal Election RESOLUTION NO. 98 -36
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-36, as read by title only.
Deputy Mayor Gillooly called Ms. Irvin forward to receive the Certificate of Election from the City Clerk, naming her as the duly elected City Commissioner in Zone 2 with her term beginning March 3, 1998. Mr. Eugene Miller, City Manager, explained that the swearing in ceremony will be held at the March 3rd City Commission meeting at 7:00 PM, with a reception to be held prior to that meeting at 6:30 PM in the atrium outside the City Commission Chambers. Item #3(B) - Retainer Agreement RESOLUTION NO. 98 -37
Deputy Mayor Gillooly passed the gavel to Commissioner Persis in order to second the motion. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-37, as read by title only. Commissioner Persis asked if Commissioner Boyle and Commissioner Gillooly had selected their own counsel, allowing Commissioner Schecter to select his counsel. Mr. Hayes answered affirmatively. Commissioner Persis questioned if the hourly rate charged by each attorney varies, to which Mr. Hayes related that the hourly rate does differ with each attorney. Commissioner Persis clarified this agreement quoted $195 per hour for all services rendered. Mr. Hayes related that he spoke to Attorney Evans who indicated this is a discount off his normal hourly rate. He explained Attorney Evans has over 20 years experience and specializes in these types of matters. Commissioner Boyle stated his attorney, Chobee Ebbets, who is also a taxpayer in Ormond Beach, suggested that since the three (3) attorneys will be working together, and they will divide the cost of research into thirds to keep fees down. Commissioner Boyle stated that Commissioner Schecter is in a different position since he will be shortly leaving the City’s employ and, therefore, needs verification, in writing, that the City will assume his legal expenses. Mr. Miller asked the City Clerk to read a letter from Mayor Hood into the record at the Mayor’s request. Ms. Patterson read Mayor Hood’s letter as follows: All City Commissioners RE: Agenda for February 25, 1998 meeting As is my custom, I go by City Hall on Friday afternoon to sign all documents and pick up my mail. As of 3:30 p.m. all documents had been picked up and there was no agenda for the February 25, 1998, meeting. As you may recall, the City Commission had a specific discussion regarding whether the execution of a retainer agreement between the City and the law firm of Mateer & Harbert, P.A. for outside legal services for Commissioner David Schecter should be placed on the agenda for February 25, 1998. First, I advised that I was unable to attend the meeting because of prior out of town commitments and wished to participate in the discussion on this issue. Secondly, the City Attorney, Randal Hayes, advised that the aforedescribed item could not be placed on the February 25, 1998, agenda due to insufficient notice. As a result, it was agreed that the aforedescribed item would be placed on the first March, 1998, meeting agenda. I strongly object to the aforedescribed item being discussed and voted upon at the February 25, 1998, meeting since our City Commission has always made accommodations to have important items discussed at meetings scheduled so that everyone can attend. Secondly, the City Commission decided at our last meeting that this matter was to be discussed in March, 1998. Thirdly, to give notice that this matter is on the agenda at 4:00 p.m. on the preceding Friday is insufficient notice and violates all prior custom and practice of the City Commission previously. Finally, I assume the City Attorney has changed his opinion he stated at the last hearing and I find it odd that without any meeting, the City Attorney has taken it upon himself to place this matter on the February 25, 1998, agenda after the City Commission had already decided to hear this matter in March, 1998. By copy of this letter to the City Manager, I am requesting that he read this matter into the record and request your due consideration. Thank you. Dave Hood CDH/sab cc: Gene Miller Mr. Hayes prepared a written response to the aforementioned letter which he did not read into the record, but summarized. He stated that as a matter of policy, he does not place items on the agenda. Mr. Hayes explained that at the previous City Commission meeting, he was under the impression this matter could not be considered at a special meeting due to insufficient notice; however, the day following the meeting he reviewed the matter and determined that the City Charter calls for only a twelve (12) hour notice for special meetings. Mr. Hayes stated he personally feels this is too short notice, but that is what the Charter provides for. He explained this item was requested to be placed on the agenda by a Commissioner, and he advised the City Manager of such. Mr. Hayes stated this was the extent of his involvement, and reiterated that he does not place items on an agenda. Commissioner Boyle pointed out that when this was proposed at the last meeting, at one point it was part of the agenda packet. He stated that retainer agreement issues are new ground and no precedent has been set, causing a lot of confusion as to how to proceed. He stated Commissioner Schecter has responded to Mayor Hood’s letter; whereby, he read the letter into the record. To: Commissioners Boyle, Gillooly, Persis and Mayor Hood From: Commissioner David Schecter Date: Feb. 24, 1998 Re: Response to Mayor Hood’s Letter Dated Feb. 20, 1998 I was disturbed to read Mayor Hood’s letter to us dated last Friday outlining his concurs about the February 25, 1998 City Commission Special Meeting. Several clarifications of the facts are in order: 1) The time of day that Mayor Hood chooses to pick up his mail or sign documents is completely irrelevant to our agenda for the 25th. He attempts to make the case that somehow "accommodations" have not been made in reference to staff providing us with materials for our meeting. It is my understanding that all commissioners received an official agenda for the meeting and subsequent back-up materials on Friday, February 20th. This is approximately 5 days before the actual meeting and well within the "custom and practice" of our city. To claim otherwise and to reconstruct the history as done in his letter, either shows a lack of knowledge concerning the process, or a not-so-veiled attempt to cast aspersions upon senior staff and the rest of the commission. 2) The Mayor states he will be unable to attend the meeting on the 25th and this should cause us to give "due consideration" to our agenda. I do not understand the logic implied here. When a commissioner or the Mayor needs to miss a meeting, which has occurred for both him and I over the years, it certainly strikes me as unusual to ask that the "wheels of government" come to a halt. 3) The Mayor’s letter is a distasteful reminder that he appears to feel his power on the commission is disproportionate to the rest of us. The personal and unprofessional remarks made in the letter really ask us to jeopardize our leadership independence and inspire me to reinforce the terms of our system that allow for "one person" to equal "one vote." As the Mayor has asked that his comments be placed into the record and it appears he desires a "paper trail" on not only this topic, but the capabilities of our outstanding City Attorney—I ask that this note also be included with the minutes to best balance the discussion. Thank you. David Schecter cc.: Gene Miller and Randy Hayes
Audience Remarks Congratulations to Ms. Thelma Irvin Mr. Joseph E. Thompson, 356 Chardon Road, congratulated Ms. Irvin on her victory as Zone 2 Commissioner. Mr. Thompson stated this election should send a clear message to the entire Commission to listen to their constituents. Mr. Tom Burks, 422 South Halifax Drive, welcomed Ms. Irvin to the City Commission. Recent Tornadoes in Volusia County Mr. Thompson suggested having the City Manager explore possible methods for the City of Ormond Beach to officially assist the victims of the recent tornado. Commissioner Gillooly asked Mr. Miller to investigate possibilities and report to the Commission on March 3rd. Mr. Miller stated that the day following the tornado, contact was made with the County and the Federal Emergency Management Agency (FEMA), but at that time they were not looking for assistance in the form of personnel or equipment. He stated he has offered the services of the City, and added FEMA is reimbursing cities for their assistance. Commission Operational Suggestions Mr. Daniel Kraemer, 821 North US #1, Apartment No. 5, recommended the City provide pagers to the City Commissioners so they can be reached if they do not attend scheduled meetings or for emergencies such as the recent tornadoes. Ms. Elizabeth Wilhelm, 12 Edgewood Way, stated that although there is no requirement for the Mayor to be present in City Hall, she suggested adding a regulation he spend two (2) to four (4) hour periods per week doing the work of the Mayor of Ormond Beach. Mr. Tom Burks stated it is not very productive and has a negative impact on the City of Ormond Beach if the City Attorney is not given the opportunity to do his job. Mr. Burks stated the letter from Mayor Hood does not reflect the attitude he had hoped for, which is needed to develop harmony on the Commission. Ms. Laura Jones, 59 Amsden Road, stated that everyone should have the opportunity to explain their actions; therefore, she asked Commissioner Persis to explain his absence at the scheduled five o’clock meeting. Commissioner Persis apologized and explained he marked his calendar for 7:00 PM in error. Reports, Suggestions, Requests Congratulations to Ms. Thelma Irvin Commissioner Boyle stated that at the end of last fall’s election, Commissioner Persis expressed the hope that election campaigns could achieve a higher standard, and he believes this campaign was the opportunity for the City to get back on track. He stated five (5) fine candidates stepped forward and made a lasting impact on Ormond Beach, achieving a high standard and offering many worthwhile ideas. Commissioner Boyle congratulated Ms. Irvin on her election. Commissioner Persis congratulated Ms. Irvin. He stated 225 absentee ballots were counted, which represents a lot of hard work on the part of the candidates and their campaigns. He complemented her on running an excellent and positive campaign, and expressed empathy to the opposing candidate who also worked hard. Mr. Eugene Miller, City Manager, congratulated Ms. Irvin and offered staff assistance for any orientation or background information needed. Mr. Hayes also congratulated Ms. Irvin. Commissioner Gillooly wished all the candidates well and stated he looks forward to working with Ms. Irvin on the Commission. City Attorney Matter Commissioner Gillooly stated he would like to read a letter from Mrs. Fred Disselkoen into the record. CITY ATTORNEY OR CITY DOOR MAT? I am saddened by the articles and political advertisements surrounding the hiring of Randy Hayes, as the City Attorney for Ormond Beach. To set the record straight my husband, Fred Disselkoen (who is now deceased) spent countless hours agonizing over the process of reviewing the applications submitted for the position of Assistant City Attorney. Fred set very high standards for those of us who worked for him and for himself as well. By his standards, he narrowed the selection down to a few people. Fred and I prayed over the remaining applications. Fred felt that Randy Hayes was the best man (and fit all of the requirements) for the position. I believe it was only fitting that Randy Hayes be selected as City Attorney. I know that Fred was very thankful to have had Randy as his assistant….. Deputy Mayor Gillooly interrupted the reading of the letter to clarify the background to which a following portion referred. He stated a scurrilous campaign had been waged about a month ago when he and the other Commissioners received, by courier, material that was very personal to Mr. Hayes, dealing with some domestic problems he had a few years ago. He advised he had refused to review the material once he realized what it was and turned it over to Mr. Hayes. He continued to read the letter into the record. As to the matters concerning Randy’s divorce, I don’t believe that these needed to be made known to the commissioners. If any of the commissioners wanted to know the facts concerning it, they could have checked the public records for themselves. In John 8:7, Jesus spoke to a woman concerning her sin. She was to be stoned to death for the same. Jesus said "if anyone of you is without sin let him be the first to throw a stone. One by one her accusers left." Are any of you without sin? I know that I am not, but by the grace of God, I am forgiven. Randy Hayes deserves to be respected and not to be used as the city door mat. Respectfully submitted Brenda Disselkoen Commissioner Gillooly stated he concurs with Mrs. Disselkoen 100%. Item #4 - Close The Meeting The meeting was adjourned at 7:38 PM. |
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