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11-05-2007 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 5, 2007 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Jon Williams City Clerk Susan Wadsworth City Attorney Carolyn Ansay Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of August 20, 2007 Councilwoman Rhodes moved to approve the August 20, 2007 minutes, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . B. Special Meeting of October 10, 2007 Councilwoman Lichter moved to approve the October 10, 2007 Special Meeting minutes, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS Page 1 of 25 Council Regular Meeting November 5, 2007 There were no Presentations at this time. 4. CITIZEN COMMENTS The following citizens spoke: Jim Sylvester, 2209 Orange Tree Drive, stated at this moment he hasn't made up his mind who he will vote for but he will vote. He knows how he will vote on the height amendment. Yes they need the height amendment. They need in the future to put an amendment there to receive the amendment and put building heights back in Planning & Zoning where they belong. He referred to a large article in the Wall Street Journal a couple of weeks ago entitled "Is Florida Over". It refers to the baby boomers they are all expecting to come here and buy developments that are planned and platted that may not show up. We have a lot of competition, such as the Carolinas, Arizona, Texas and anywhere else with a temperate climate. Florida has a big black eye from the hurricanes, the insurance companies and the inequitable property taxes. For Edgewater to prosper in the future, they need to expand the tax base with small businesses where the people that live in the community can work in this community. Gasoline is up over $3 per gallon. Crude oil is approaching $100 per barrel. Folks that have to drive 30 and 40 miles to work are getting hit hard. Those folks are not only giving up a couple hours of their day to drive those distances to work but they are paying several thousand dollars per year more than they would if they could work near home. They need to do everything they can to support Economic Development in this community. We have an Economic Development Board that is made up of some very intelligent professionals. They have a very constrained budget. The folks that will benefit from Economic Development in this area such as realtors and contractors need to get on board with the Economic Development Board and funnel some money to them so they can advertise Edgewater. No matter what they do or how wonderful a place we have for business to come to, unless they can show the world that we have good place to come to nobody is going to come. They need to get out there and advertise our place any way they can. He feels there are people on the Board that can get the job done but they need some funds. Realtors and contractors have advertising budgets. He feels they need to step up and kick in a few bucks and help where they can. Page 2 of 25 Council Regular Meeting November 5, 2007 Bcoohy Doo and Felix the Cat, reside at 510 Public Safety Blvd, Animal Shelter, would like Councilwoman Lichter to come down and get a token of their appreciation for everything she has done. She would like everybody to thank her. There was a round of applause from the audience. Councilwoman Lichter showed what she received from the Pet Society. She is there every day unless she has a WAV meeting. These are members of Pet Society. She is in charge of the volunteers at the shelter. She has been working for three years to take care of the pets in this community. She spoke on the citizens voting for a shelter. They voted for the City to have something better than a backroom place. They are in a temporary shelter for now. The bids went out last week. Nothing is going to hold them back. She hopes to live to see that shovel in the ground. She thanked the Pet Society. Mike Visconti, 316 Pine Breeze Drive, commented on Councilwoman Lichter being a first class citizen, a scholar, a teacher, a world traveler, a politician, Edgewater Councilwoman. That is how he describes Judy Lichter. Judy has participated in all the Veterans ceremonies. This was written last June. On May 28th was Memorial Day and she was there paying honor to all our service men and women. On Veterans Day she spoke about Potters Field. She has talked about her proud heritage and her years teaching in Connecticut and all her travels around the world. Missing at the Veterans ceremonies were the Mayor, Councilmembers and City Manager. They didn't find time to honor our veterans who are putting their lives on the line for our freedom. He met Judy in 1997 when she ran and won. In those ten years she has dedicated herself to public life and she has accomplished so much. She helped to get the YMCA, the Edgewater Town Center, Hawks Park and now is working on a building for the animal shelter. She is a member of WAV. She tried not to miss any Council meetings. When it is time for Council report you rest assured Judy has a report. Judy is calling it quits. She wants to spend more time with her family and grandchildren. Times have changed. The Councilmembers have changed with different views and ten years of service is a long time. Judy as a friend and citizen of Edgewater he thanked her for her dedication and service in Edgewater. It is time for her to spend whatever time she has left with Page 3 of 25 Council Regular Meeting November 5,2007 family and friends and he wished her all the luck in the world. Councilwoman Lichter also mentioned getting the medians done. William Glasser, 1703 Needle Palm Drive, wanted to let the Council know he voted early in the Edgewater General Election. When he went to vote, the lady gave him a ballot and the ballot said Edgewater General Election. He thought they couldn't have a General Election in an odd year so he asked the lady if he had the correct ballot for Edgewater. She looked on her computer to see if he lived where he said he lived. He informed her he did. She said Precinct 902. He said Precinct 902 but this ballot says General Election. They were told can't have General Election in an odd year. She said who told you that. He said he thought the City Attorney told them that. They had a couple of constitutional scholars from the audience tell them that as well as the County Council representative. She said they have some misinformed people in Edgewater. She said it was a General Election. They can call it what they want but it is a General Election. He said he wanted to make sure because they had tossed out 1,800 petitions based on that one word. He wanted to make sure his ballot would be counted. She assured him that it was a valid ballot and his vote would be counted. He was still concerned but accepted her word. He went to the cube to make his mark and there was his second dilemma. There was no none of the above on the ballot. He marked his ballot and he put it in the machine and he made sure the number incremented by one. He was pretty well assured his ballot had been counted. He woke up Saturday and read the News Journal and found out that 4.4% of the memory cards in the vote in the optical scanning machine had failed in the 2006 November elections. He hoped his ballot had been counted. Dot Carlson, 1714 Edgewater Drive, representing ECARD, stated the City acknowledged during a recent court proceeding that the petitions sponsored by ECARD identified as amendment to Edgewater City Charter regarding density west of 1-95 has met the required signature threshold and should be certified by Council to be placed on the ballot. Since City Staff and the City Attorney have chosen not to move this peoples ballot issue forward, ECARD submitted a written request to the City Clerk on October 29th to have the Council consider the matter tonight and they were told Page 4 of 25 Council Regular Meeting November 5,2007 that the deadline for the agenda item had passed. They are here in person to request the Council's attention to this matter and vote tonight or at their Special Meeting on Wednesday, November 7th. They are hereby requesting the City comply with Florida Statute 166.31 Municipal Charter Amendments which says that they shall place the issue before the voters at the next General Election or Special Election held for that purpose. They requested placement on the upcoming January 29th Presidential Preference Primary or alternatively at a Special Election called within 60 days. The deadline for placement on the January ballot, according to Ann McFall, is November 20th. Since the Presidential Primary is fully within the scope of the General Election process, they feel it is an appropriate time and vehicle to get this matter before the voters. If the City continues to delay performing their administrative duty to place this matter in a timely manner on that ballot then they are requesting they call for a Special Election within 20 days. They are representing a number of Edgewater voters whose position is that further delay in putting this matter to a vote will egregiously interfere and obstruct their constitutional right to petition their government for redress of grievances and significantly negatively impact their property if the matter of density limits is not timely addressed and additional development at undesired levels, strains the resources, services, taxes and quality of life of our community. Councilwoman Rogers stated Ms. Carlson mentioned 20 days. She asked her if she meant 60 days. Her letter indicated 60. Ms. Carlson stated they have 60 days to get this on after the Council decides for a Special Election. They have until November 20th to get this to Ann McFall. They are not having a Council meeting prior after this one other than the Special Meeting on November 7th. That is what they are requesting tonight or on Wednesday after the election. This can be done in a resolution. This is what has been done before. It is just a ballot. Mayor Thomas felt they needed to address this. to wait until after the City Attorney report. she was going to respond to that and then they it at that time. He wanted He thought will address Ms. Carlson told the Council to remember they do have the petitions. Page 5 of25 Council Regular Meeting November 5,2007 James Boren, Old County Road, read a letter that was addressed to the Councilmembers. He owns 1.7 acres on the east side of Old County Road. They looked into getting a clearing permit for a warehouse. He was told the road would have to be built by him in order to develop the property. This is very different than the normal assessment that all property owners pay for public roads. The Planning Department is asking him to put a 300-foot road in and put this road on another person's land because the platted road is in wrong place. Then they are going to move the existing utilities that are in place. He knows this is not an exercise in common sense, which is why he came before Council tonight. The City has in his opinion created this law for people who develop acreage and need a paved road from their building to the main road at the edge of their property. He does not believe that a private citizen is expected to build private roads for the use of everyone on street. Jon made an attempt to help them and Darren stopped him setting bad precedent. The bad precedent is to stop him from using his property and then raise his taxes. He needs the Council's help. Mr. Brumbelo was also present who owns property across from him. They would like to get this on the agenda in the future. He just wanted to let the Council know what is going on. They cannot put in up to a quarter of a million dollar road just to get a permit to develop their small piece of property. They can't move the road that is in the wrong place now onto other people's land. They don't have the ability to do eminent domain as private citizens. They feel like Florida Shores would have never developed if the people hadn't been assessed and the City put the roads in. They think that ought to continue. They don't want to be the first ones to do this because the rule has been interpreted differently now. They will go through the channels and come before Council again. Hopefully they can work with the City and pay their fair share and get the public road in. City Manager Williams stated he and Darren have had numerous conversations with these folks and advised them of the process to go through requesting variances to ultimately get it back before Council for their consideration in the future. He informed Council Darren was present if they had any questions as it relates to that specific requirement in the Land Development Code. Page 6 of 25 Council Regular Meeting November 5,2007 Councilwoman Lichter stated they all received the letter and she read it carefully. There are other problem streets like this that were developed many years ago. She was thinking of a few right off the main street where the gift shop is that sold fruit. The little street on the side of that is a problem street. The man had property in the back and he wanted to put a boat fixing business. There was trouble with that street. The streets that were not platted right have to be handled differently. They don't meet any standard. There was about three different ways that the roads got developed in Florida Shores. One place there was a grant and they didn't pay anything, one was both sides of the street totally and the last was the 1/3, 1/3, and 1/3. Over the years various ways but they were not platted in the wrong place. She remembered a Councilman ten years ago that didn't want that street paved. He lived on it and when they voted he didn't want the street paved. It was up for a vote 9 or 10 years ago. This is going to take a little special handling and cooperation. Otherwise they are going into the wrong lines and utilities have to be moved. Mayor Thomas stated so the plan is to have a variance and bring it back. City Manager Williams stated go through the request for a variance and appear before the Planning & Zoning Board. Their decision they can grant the variance at that point in time or if it is denied they have the opportunity to come before Council and make their case for their Council's ultimate decision. Councilwoman Rhodes stated she spoke with Mr. Boren today and she agreed with him. It is not his fault that road was platted wrong. It is not his job to build the road. This is wrong and they need to correct it. Carol Ann Stoughton, 2740 Evergreen Drive, stated just for the record. It's been baited around that Target was 35 foot tall. She thought City Manager Williams made that statement. She went herself and Target is only 30 feet tall. She went to Port Orange and she has the architecture's renderings. It is 30-foot tall. Their City Hall is 35 foot tall. She wished he could have corrected that before it went out to the newspapers or at least did his homework. For the people that want Target, that was very unfair to say that Target was 35 foot. That is a falsehood. She asked him if he ever checked on that himself. City Manager Williams stated staff from his Page 7 of 25 Council Regular Meeting November 5,2007 office submitted a requested and received information via e-mail if she would like a copy. Ms. Stoughton stated it is untrue. She asked if it is legal for the City to put a PAC group sign out front. She doesn't think it is legal. She asked if someone could check and see if that sign is legal that was out there. She also noticed that S2 Advertising was used exclusively to promote the firemen. She sees Mr. Cooper has used them to the tune of $3,800. She intends to follow this up later on. It is a sad state of affairs that they get phone calls from the Police Chief and Fire Chief calling up wasting taxpayers' money for over $30,000 to promote what the City Council wants. 5. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes asked about the advertising. She doesn't know if the sign is legal or not. If not the sign should be taken down. The point of the City getting involved in this is educational. This Council as she does believes a majority of the people in this City believe that commercial and industrial development should be one of their top priorities. It's their job to inform the public of what they feel is the best for the whole community. Sometimes you do it by advertising. That is the way they did it this time. There is a lot of discussion and pros and cons and while it is not her favorite way to do things, if you look at the voting record of this City it is dismal. It is less than 10%. Maybe they don't care and maybe it is apathy but maybe if you let them know what is going on. Carol Ann is the first always the first one to say they are trying to hide something. Maybe if they let them know what is going on they will come to polls. They have to do something. That is what they did. Councilwoman Rhodes stated she has worked with Judy Lichter for eight years. Nobody has worked harder for the people of this City than Judy. She wants to let the public know and let her know that she is going to miss her. She is looking forward to working with Mr. Cooper and moving the City forward but she will be missed. Councilwoman Lichter stated this is has no reflection on Carolyn or anything that was said tonight. She is trying to think of ways to save the City money. They will be in worst condition next year than they are this year. She Page 8 of25 Council Regular Meeting November 5, 2007 could have lived not missing that $100 she is getting plus the hell they have been through in this City. For the bit of money they have saved it wasn't worth the problems they have had with each other. Carolyn is one of the best City lawyers she knows. She is also the Water Authority lawyer. However this is not a reflection on Carolyn's ability. There is probably a way they could still keep Carolyn but she wouldn't have to sit up there for every single meeting. That is what they did before. Ken Hooper, when he was Manager, came up with that thought and it saved money and they had much less cost and also a lot less suits. Robin Matusick is a paralegal and she is a bonafide paralegal and she is hired by the City and she sits in an office. How it worked before with the law firm then, which wasn't half as good as Carolyn's, the City Council picked up their packet on time, looked over all the items and if they had questions they asked Robin to call the Attorney, which she would do and the answer was found out. That doesn't mean that every single meeting they would never have Carolyn. There would be occasions when they did need the lawyer present. Ticklish issues and questionable issues be involved. They should be clustered and they could have Carolyn there that night. Otherwise Robin could be there like she used to be. She commented on ordinances and resolutions being read into the record by Robin. That would be saving she was willing to say double. She feels they are paying two or three more for that particular function and that it should be looked into. She believes everything Carolyn says because she is generally and always has been correct and very wise. It shows her in this day and age that a career woman can be like Carolyn and a good mother and a good wife. She knew her from the Water Authority. Councilwoman Lichter commented on the Water Authority. They got a letter from Jack Hayman concerning the Water Authority prematurely asking this City and the other cities would they like to wipe out the Water Authority totally. In other words, excuse themselves and to please let the County know by December. Jack is Chairman of the Group. Why this would be the wrong thing to do. She is supposed to discuss it with her fellow Council people. She feels this would be very wrong. They are not paying dues this year. The Director Bruce has been eliminated and just Deborah the conservation person is there. There is enough money to cover them for the whole year. Other cities have coalitions. They are now going against the very concept of Page 9 of 25 Council Regular Meeting November 5,2007 WAV, which is working together. Edgewater was the first City to join. She worked on the transition group. She has been involved in this water situation for ten years. Other cities are connected. The west side now has group. Two cities are beholding Daytona Beach for their water. Port Orange can stand strong. They have money and wells. They are okay. New Smyrna Beach Utilities Commission has opted not to pay last year's dues. The Water Authority is suing them. We are kind of isolated. Some day they will learn they have to work together because that water aquifer is under all of them. When they take water from the St. Johns river and use a little less from their wells, it benefits us a bit. On projects like that working together they should proportionally give a certain amount to their project and vice versa. If they take water from the ocean and have a desaltation plant, it saves them some money and they should help. Everybody is still grabbing water. They haven't gotten the general concept of sharing yet. She asked the Council not to get out of it. If it falls apart totally, be the last one but don't leave first. Deborah is the only one left doing it all with conservation and other means of saving water. Councilwoman Lichter stated people worry about if they have a plan for this and a plan for that. Even Gigi brought up is there an Indian River Boulevard plan. They have plans for everything. She has plans under her bed, under her bureau, in the closet, in the cabinet. She can't wait to hand these plans in. There is a beautiful plan for Indian River Boulevard. Just pull it out and look it over again. There is a plan for City Hall that they paid for on the existing site. They ought to have a plan to find the plans. She commented on having a clean up program and cleaning up the City for two years until they got tired of picking up people's things. She mentioned finding someone's divorce papers. Councilwoman Lichter stated the centers got done in the middle of the streets by combining Beautification and Recreation/Cultural. Certain things are still hanging out there such as the speed on U.S. #1 and many of the things they all wanted. She wanted economic growth and development. They got an industrial park and signs fixed on US 1. Never have the small businesses been given the attention she feels they should get. There are things left but many things have been accomplished in 10 years. She was one of the proudest of the Industrial Park and it has Page 10 of25 Council Regular Meeting November 5,2007 been damned to hell in this room. It was the one thing New Smyrna Beach was jealous of us that we had an industrial park with people coming in there. She hopes that can continue. Councilwoman Rogers stated Mr. Boren and Mr. Bumbelo contacted her and she suggested they come to the meeting and in the interim to put what they had as an issue to put it in writing so the rest of the Council could be made aware. She was thankful they came. It shows they will get them on the agenda and they will get something going. She was thankful they did follow up. Councilwoman Rogers stated she doesn't want people to misconstrue this but it dismays her. She wanted to touch base with the petitions and what is going on with the voting tomorrow. She is not an advocate for 1 per 20 or everything be limited to 35 feet. She is an advocate that they don't have condos on the river that exceed 35 feet. She thinks it is very bad to have a City government that uses City money to fight this petition. She didn't like what she saw coming in the mail or hearing the telephone messages today. She feels that sends out the wrong message. They are supposed to be a government. Council is elected to represent the citizens. 10% of the voting citizens signed those petitions. When you think about our voter turnout, 14%, 16%, 18%. That is pretty shameful that they would use City money to go against something that a good majority of the citizens signed for. She doesn't think people are idiots. She feels they knew what they signed. They previously came up with an exception to that that was put on the ballot last year. It was voted down because it was ambiguous. She feels this attempt is a little better. She thinks it was overkill with what was done to try to get the voters to go the other way. She believes she was elected to work for the citizens. She is not working for the government machine. She is working for the citizens. She thinks people need to think about that when they vote tomorrow. Councilwoman Rogers commented on S2 Advertising. She asked if they were used to prepare the brochure cards that went out to citizens. City Manager Williams informed her no. We went through our consultant, Beth Rawlins. Councilwoman Rogers wanted to put that out there. Page 11 of25 Council Regular Meeting November 5,2007 Councilwoman Rogers stated advertising is meant to promote products, concepts, and ideas. Advertising should never be used in a malicious sense. Or else it shouldn't be advertising, it should be slander. She is concerned if the City uses or does anything with S2 Advertising. She takes it personally. They used her name in some of their negative. She is concerned about that. Mayor Thomas stated this is Mrs. Lichter's last night sitting on the Council. He expressed his appreciation for the time she has given. He knows what it is like to give. He wanted to do two pledges to her. He pledged that he is not going to the let the animal shelter die. He is going to keep on going. He doesn't know why it hasn't been built yet but he is going to keep pushing. He knows government is slow. He is going to carryon the fight with the Water Authority if Council will do a consensus that they continue. He preaches about water all the time and he told them they are going to have to buy water. He talked about water being piped to the Keys. He thought they would have to buy ours from North Carolina. They have a shortage up there too. They are fighting over water up there now. What this is all about is these big cities like Daytona Beach and Port Orange, they want to do what they want to do. Somebody has to rule the water. We are drinking out of the same stream. They don't want to go by any rules. If we are doing water restrictions and promoting xeriscaping and Daytona says they are going to pullout as much as they want that is not fair. They are using our fair share of the aquifer. He doesn't like it a bit. Somebody has to rule that water. WAV is doing a good job controlling the water. He is going to put himself on that Board if Council will do a consensus tonight to keep going. He then stated he wanted to give her another standing ovation. 6. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. 2007-0-17, Washington Park rezoning - amending the Official Zoning Map to include 42.55 acres of land located south of 35th Page 12 of25 Council Regular Meeting November 5,2007 Street and east of Travelers Palm Drive as R-3 (Single-Family Residential) City Attorney Ansay read Ord. 2007-0-17 into the record. Development Services Director Darren Lear made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ord. 2007-0-17, Washington Park rezoning - amending the Official Zoning Map to include 42.55 acres of land located south of 35th Street and east of Travelers Palm Drive as R-3 (Single-Family Residential), second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . B. 2nd Reading, Ord. 2007-0-19, Massey - rezoning (airport area) - amending the Official Zoning Map to include 136 acres of land located along Air Park Road, Skyway Drive and Park Avenue as I-I (Light Industrial) City Attorney Ansay read Ord. 2007-0-19 into the record. Development Services Director Lear made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2007-0-19, Massey - rezoning (airport area) - amending the Official Zoning Map to include 136 acres of land located along Air Park Road, Skyway Drive and Park Avenue as I-I (Light Industrial), second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . C. 2nd Reading, Ord. 2007-0-20, Amendment to Articles III and XVIII of the Land Development Code to allow further consistency with RP (Residential Professional) zoning classification City Attorney Ansay read Ord. 2007-0-20 into the record. Page 13 of25 Council Regular Meeting November 5, 2007 Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2007-0-20, Amendment to Articles III and XVIII of the Land Development Code to allow further consistency with RP (Residential Professional) zoning classification, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . 8. BOARD APPOINTMENTS A. Library Board - nomination by the Mayor to fill a vacant seat due to the resignation of Barbaradale Gilmore (Library Board recommends Kathy Booth) Mayor Thomas nominated Kathy Booth. Councilwoman Rhodes moved to accept the Mayor's nomination to appoint Kathy Booth to the Library Board, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . B. General Employees Pension Board - nomination by the City Manager to appoint Tim Sopko to fill a vacant seat due to the resignation of Brett Tanner Councilwoman Rhodes moved to approve the nomination by City Manager Williams to appoint Tim Sopko to the General Employees Pension Board, second by Councilwoman Rogers. The MOTION CARRIED 5-0. C. General Employees Pension Board - nomination by the City Manager to fill a vacant seat due to the expired term of Brenda Dewees, who seeks reappointment Councilwoman Rhodes moved to approve the City Manager's nomination to reappoint Brenda Dewees to the General Employees Pension Board, second by Councilwoman Lichter. The MOTION CARRIED 5-0. Page 14 of25 Council Regular Meeting November 5, 2007 D. General Employees Pension Board - nomination by the PEA to fill a vacant seat due to the expired term of Tyna Hilton, who seeks reappointment Councilwoman Rhodes moved to approve the nomination of the PEA to reappoint Tyna Hilton to the General Employees Pension Board, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . 9. OTHER BUSINESS There was no Other Business at this time. Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:55 p.m. and reconvened at 8:05 p.m. This portion of the meeting did not record. An article from the News Journal entitled "No growth question on January ballot - Attorney says too many legal questions" is attached. The time was approximately 8:05 p.m. until 8:50 p.m. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Shuffleboard Court/Report Update 2) Tentative Agenda Items 3) Ad City Manager Williams advised the Mayor and Council that beginning this week the residents would see an ad in the newspaper. This ad merely preserves their right to pursue or their intent to use the uniform method of collecting non ad valorem special assessments to be levied within the incorporated area of the City for the cost of providing fire protection services, commencing for the fiscal year beginning October 1, 2008. In accordance with State law they have to run this ad for four consecutive weeks, prior to a public hearing which would be held on December 3rd. All of this is being predicated on the discussions Page 15 of25 Council Regular Meeting November 5, 2007 regarding property tax reform and looking for alternative methods for funding essential services like police and fire. This ad will start this week in case they receive any calls. Mayor Thomas stated in layman's terms, they are going to be having a special tax assessment for fire services. City Manager Williams stated it would be a uniform method of collecting a non ad valorem assessment. There would be a study that would need to be completed which would go in and look at methods for providing this assessment. This merely preserves their right to do that. They have to express that by the end of the calendar year and they have to do it for four consecutive weeks. Mayor Thomas stated he has heard two different terminologies, Southeast Volusia or the City of Edgewater. City Manager Williams stated it would be for the City of Edgewater and it's looking at non ad valorem assessments. Mayor Thomas asked if Fire Chief Barlow was in support of this. Fire Chief Barlow stated he has been watching this issue for a couple of years and had some conversation in April with Mr. Williams regarding this. The scenario is becoming more popular throughout the State. Most recently Longwood and another city has actually gone with this approach. From a Fire Chief's standpoint it identifies a certain set fees that can only be utilized to provide those services. He is an advocate of that kind of process during budget times. It cannot be intermixed with General Funds. City Manager Williams explained long term what they would end up developing is a special revenue fund called Fire Services. It would be pulled out of the General Fund. They would have that separate funding mechanism that would pay for a portion of the cost of services that are provided. If they want to provide above and beyond what that fee covers in terms of services, they would probably go back and look at the millage rate in terms of dedicating that funding source. This is one of many tools that are out there that cities can use for those funding mechanisms. They continue to have discussions with our neighbors to the north and with the City of Port Orange regarding how they approach these services and what the future beholds for municipalities. Fire Chief Barlow expressed he was in support of it. 4) City Clerk Page 16 of25 Council Regular Meeting November 5, 2007 City Manager Williams stated they received notification from Mrs. Wadsworth that she was going to turn the lights out in her office on January 4th. He was looking for direction as to which way the Council would like to proceed. He suggested they can advertise for a City Clerk's position and open it up internally and externally. They have some folks that have expressed some interest. While they still have Susan's expertise, they can whittle down the pool of applicants to ten or fifteen and present them back to Council for their review and make a selection prior to Susan separating from service that way she can bring that person up to speed. He asked Council how they would like to proceed. Councilwoman Lichter stated they are going to open this up outside in the real world for the position but she would encourage that they look within too and she hopes it comes from within. Perhaps they would like Susan on the Committee that interviews and is part of the selection process. City Manager Williams stated at least reviews the pool of applicants. He imagined they would have a significant amount of interest. Maybe he and Susan could whittle it down to ten or fifteen and present them back to Council for their review and then they could set up official interviews and go forward. He mentioned Susan being an employee of the Council as he and City Attorney Ansay are. Councilwoman Lichter made a motion that they put out to bid for the position of City Clerk and that Susan, the present City Clerk, be part of the Committee that whittles the numbers down to a reasonable amount, perhaps ten, and that they will emphasize looking from within, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. City Manager Williams informed Council the November 19th Council meeting had been cancelled. They have a Special Meeting on Wednesday, which would be it for the month. 11. CITIZEN COMMENTS The following citizens spoke: Page 17 of25 Council Regular Meeting November 5,2007 Dot Carlson, 1714 Edgewater Drive, wanted to confirm that they weren't going to call a Special Election and that they couldn't do that. Councilman Vincenzi stated he didn't think anyone suggested that. Ms. Carlson stated so then they can call a Special Election. Councilwoman Rhodes stated she said they couldn't have a Special Election because ECARD's petition says General Election. Ms. Carlson stated the wording on that comes from the State form for petitions. The other thing that really gets ambiguous is that deep pocket developers don't understand groups like hers. They aren't out for monetary gain. They are also not out to shut down a City. She has not moved from town-to-town destroying towns everywhere she went as was put out by S2 Advertising. They are a town but it seems as if they are being prostituted to developers or sold down the river. Usually that happens after they know. They get a lot of nimbyisms. Oh not in my backyard because they didn't know it until it was in their back yard. She thinks people in Edgewater are waking up and they know what is going on. They just found out there isn't anything they can do about it because their constitutional rights don't mean a thing in Edgewater. If anybody on the Council has a constitutional right and they think they do, try it some place else. None of them have it. They don't have a constitutional right to petition their government. They did it twice. They fought them last year all the way to a standstill and they made it. Now they are fighting them again on the 35-foot height. Keep shoving it down their throat until they choke or swallow and if that doesn't work, take a belt to them. They can come to the City Council, sit on their hands like young, good children they are supposed to be or get their knuckles wrapped or get sent to the Manager's office. She fired him two months ago because he received the documents from S2 Advertising smearing her, Ms. Stoughton and Ms. Rogers. He knew about it and did nothing. It is coming for everyone. Bob Lott, 2112 S. Riverside Drive, stated he thought he heard someone say don't they get a better voter turnout on the General Election Presidential Election. What is all the hubbub about? If they truly want to do the will of the people, don't they want the most people voting that they can? Don't they want the opportunity to educate the voter before they go into the booth so they understand the total implication of their vote? So they understand what they are giving up and what it means to the City. Isn't it Page 180[25 Council Regular Meeting November 5,2007 better if they are going to do this that they take the time, they educate the voter and then they have the most voters they can which is in a General Election/Presidential Election come out and cast their vote. He heard someone say they have no rights. He thinks that is the correct way to do it. To try to jam it down their throats, that is how he feels. He feels this is being jammed in there before everybody understands what the total implications are. He is proud the Council came through tonight. He is proud they listened to legal counsel, and he is proud that they are going to have the fact to educate their voters and then in November, the voter will make the decision. Carol Ann Stoughton, 2740 Evergreen Drive, stated ECARD walked door to door to educate the people. The City is denying the people their right of a petition to be heard. She asked what they are afraid of. Sad state of affairs. There are signs out there that City Manager Williams gives the approval for a PAC group who accepted $1,000 from GS Florida LLP. Sad state of affairs. S2 Advertising who smeared her through his office and her campaign. Also Mr. Cooper has used S2 Advertising for his yard signs for $3,835. She looked up in St. Petersburg, November 4, 2003, Municipal General Election. This is a municipality. They should be able to vote in a General Election when it says General or Municipal, people are voting allover. If you look in the paper, this is a General Election. She feels the people have been denied their rights. She intends to go to Tallahassee and inquire about this herself. Just like the smear on Target. If they were looking towards the people's benefit, none of these stores are over 35 feet Mr. Williams. She informed him he could laugh, and smirk and do all he wants. The moneys were not accused of being stolen. Our town has been mismanaged for the past eight years. She asked what the current Reserve balance is right now and what the City's debt is right now. He is the City Manager making over $130,000. She requested a copy of our debt and asked when she could pick that up. Last year it was $48 million. City Manager Williams informed her if she wanted to hang around afterwards he could print it but he didn't know it off the top of his head. Ms. Stoughton stated she would a~so like a copy of the salary information department by division and the last one was 2006. She agreed to come back and get it. Page 19 of25 Council Regular Meeting November 5,2007 Ms. Stoughton stated ECARD and the people, they had a choice. They went with paper and the City denied their right on paper. She feels it is awful that City Attorney Ansay isn't going according to the people in the City. She feels she is going for the developers also. William Glasser, 1703 Needle Palm Drive, stated he has been told that all he ever does is come down here and bitch. Tonight he is going to pay some compliment and then he is going to bitch. A while back when the County had the seven questions on the ballot and the City advertised on the garbage trucks and he came down and griped about them spending money to do that and said why don't they have a forum instead of spending all that money. This time around they had a forum and he guessed they still spent the money on something. Mr. Williams had a meeting last Thursday night to discuss the Charter Amendment that is going to be on the ballot tomorrow. He wanted to say for Edgewater it was a pretty good turnout. There were sixty or seventy folks. He thinks everybody got to say their peace. It was fairly civil except some folks didn't like some people talking and they were kind of shouted down. Now the bitch part. Mr. Williams at the end of the meeting was making his closing remarks and the citizens of Edgewater got up and walked out while Mr. Williams was giving his closing remarks, which he didn't think was very courteous of the citizens since everybody has complained that they never tell them what is going on and here he had a forum and was letting them say their peace and answering questions and they were very discourteous. He apologized for the folks that got up and walked out before Mr. Williams finished his comments. Ted Cooper, 3028 Mango Tree Drive, stated he wanted to ask a couple of clarifying questions of City Attorney Ansay. The other lawyer that represented himself for Reflections. He wanted to make sure everybody understands what he thought he just heard. He stated he understood and he feels confident that they are 100% right about this General Election. Put it on the November 2008 and it is proper and right and there shouldn't be any objection to that. They have the satisfied signatures so ECARD can go on there. It looks like the most legal avenue. City Attorney Ansay stated her opinion is solely related to what date, if any, it would be proper to go on the ballot. There are still a whole host of other legal arguments as to Page 20 of 25 Council Regular Meeting November 5, 2007 whether or not it should ever go on the ballot that has been raised by them that ultimately a judge is going to have to decide. The City hasn't taken a position on those as of yet but they list a whole number of reasons why they think the whole petition from word one is flawed and therefore it should never go on the ballot. Mr. Cooper stated if they take it one little issue at a time they are going to get it on, they are going to do it right, they feel that is right and that is the proper way to go on that end of it and that is her position. He heard something tonight from Mr. Brown. He heard we are about to get sued in every avenue we possibly can get sued by. It sounded like there was a way out and he wanted to make sure he heard this correctly. We put it on the ballot in 2008 there is a sorted protest and judgments that could be made in reference to whether it was still legal and proper and all that. He asked the terminology used that brought it to some type of compromise. Ted Brown, representing the Restoration development, stated the City has made the right decision this evening in his judgment. What ECARD does with that or doesn't do remains to be seen. They have some choices. They could go back into the courthouse and ask the judge to again determine whether or not General Election means what they have interpreted it to mean here. He didn't know if they would do that or not. What they observe from the court ruling is the judges take the most narrow way out of a decision. They have attempted to raise in that proceeding before some of the subsitive issues but they were not necessary to be determined at that time for the judge to make the ruling he made. If they go back into court presently under the basis of the decision the City has made tonight, the judge will decide does General Election mean what they have interpreted it to mean or can it mean something else. He will not get to the other issues. Once he gets passed that, if ECARD decides not to pursue that and they come back and ask the City to set a Special Election the City Attorney has already given them the advice again that the limitations of the initiative process said General Election and he presumed that meant she would not instruct them again that they could set a Special Election for this particular undertaking. If they go on to 2008 and say they know they have enough signatures for 2008 and the signature is the only thing that is an issue here, then it would be proper to set a referendum or that vote for November 2008. Page 21 of25 Council Regular Meeting November 5,2007 On the other hand, they have filed briefs in the court that are considerably more extensive raising very real and subsitive issues about the form and content of the language in the petitions and whether or not it lawfully can be voted on in any event. The courts have not decided what everybody takes for granted that they have the ability to ask the City to decide. Whether or not the initiative process can be used at a local referendum level so as to deprive the elected representatives of the City to have access to the protections and review processes that have been put in place by State law. They also haven't decided whether or not a landowner can be deprived of those same protections to petition the City to review an application for development and have all those protections that are built into it through this process and have it duly considered by the City as opposed to being held hostage to a tierney of the majority. We are a representative democracy. We are not a pure democracy. Courts in Florida have not had an opportunity to really dwell on this particular subject matter because they haven't had these issues arise like they are now in this format. They think they are going to have to decide those. The question is when are they going to get to decide them in the context of this case. If they put this on the ballot in 2008 and say nothing more about it, the burden will shift to them to raise those issues. If they chose not to put it on the ballot in 2008 because they accept the conclusion they have reached, that it is an lawful act in itself, the burden will shift back to ECARD to see whether they want to challenge it or not. It comes down to a question of how they want that to be played. The third option is the potential of the City saying they are unclear about what their responsibilities are and frankly they don't want to put it on the ballot and be sued by ECARD or not put it on the ballot and be sued by ECARD or put it on the ballot and be sued by the developer. We want to go into court independent of that through a declaratory judgment asking which essentially says court we are unclear as to what our legal responsibilities are given the issues that have been raised by a landowner and the issues that have been raised by ECARD. Please offer us guidance. They have that option available as well. He thinks that until they move past this time, since they have already ruled this evening how they are going to proceed, there is nothing more for the City to do until this next trunge comes forward. Page 22 of 25 Council Regular Meeting November 5, 2007 Mr. Cooper stated it looks like there is a third option. City Attorney Ansay stated there is definitely a third option. Mr. Cooper asked if that would be the best compromise they could ask for at this stage in the game. They are saying yes and yet they are letting them both get their issues brought out and then the City instead of getting sued all the time can ask for State, County. Councilwoman Rhodes stated they have discussed that already. Mr. Cooper stated he understood but it looked like they were voting to get sued or not get sued or let's put it on and get sued. Councilwoman Rhodes stated on this one issue no matter which way they voted, somebody was suing us. Asking a judge for a declaratory just for that one thing. They are going to spend the same amount of money being sued. Mr. Cooper stated if this follows through they get a declaratory on the entire mess. Councilwoman Rhodes stated they would never get a declaratory before January 28th. City Attorney Ansay confirmed that would be problematic. She thought the idea would be that ultimately they would be trying to get the declaratory judgment prior to November of 2008. There is a lot at play here too. There has been a lot of talk about costs and issues along those lines. She felt it was important for Council to understand in the last proceeding when they were sued by ECARD and as they will presumably or potentially be after tonight's decision, because they were being sued by ECARD for some failure to do an act, the City's insurance coverage covered the proceeding that they just prevailed upon and won over in Circuit Court. That is not necessarily the case when they get into deck actions. Sometimes the strategy to get to the same thing, which is judge tell us once and for all if this is legal, from their perspective the road upon which they take might be judged by who is going to pay for that fight. That is something they have to color all their decisions by. It is very squirrely the way in which policies are covered or coverage exists for lawsuits in which you aren't dealing with money. Nobody is seeking money. That is one of the things she is cognizant of and she wants to try to make sure if the City is going to be sued they are going to be covered for it. Mr. Cooper stated it looks like we get out of it financially the least way they possibly can by getting this declared. City Attorney Ansay explained if they file a declaratory judgment there won't be insurance coverage for it. If they file on their own as opposed to doing nothing Page 23 of25 Council Regular Meeting November 5, 2007 and somebody is suing but certainly the issues are going to be the same. If they file a declaratory action seeking a declaratory judgment on these issues, ECARD and the interested landowners are all going to weigh in and everybody is going to be duking it out one way or the other. It doesn't matter if they file amecus briefs and participate in that proceeding even though they aren't directly a party to it or whether it is in the form of a mandamus action and somebody moves to intervene, the net result of it all is there are three players in this card game and they are all going to be part of it no matter how they structure it. From the City's perspective they want to ensure if they place something on the ballot it is legal and it was done at the legal time. It's not a function of what the subject matter is, it's whether it's legal and the judge ultimately decides that. It's a complicated issue with two people who have a pretty strong interest in it and the City is caught in the middle. Myron Hammond, 2033 S. Ridgewood Avenue, informed Councilwoman Lichter he was sorry to see her go. They had some good times. She is going to be missed. He thinks what the Council did tonight from a business standpoint, he has property in Edgewater. He doesn't live in Edgewater anymore because of what the City is doing. He would be in divorce court with his wife. She got him out of Edgewater. They took a stand tonight and what they are doing with the vote he feels is proper. They are going to get the majority there. He talks to a lot of people everyday. The 35-foot thing they had no idea that it went with his business. He is sitting on u.S. #1 and he can't do anything with it over 35 feet if he wanted to sell it later. People had no idea about that. They thought it was residential. 90% of the people he talked to thought that. Educating the people he feels is a very good thing. There are a lot of issues coming up. He has a wrecker and towing business. He wished the people around here when they think about cutting budgets and cutting people out, he is going to stand up for the firemen and policemen. When you go to an accident and there is your kid or your husband or your spouse there, you don't think about not having the money. It is how can they get that person out. He would pay extra to make sure we have a full staff and people out there to help. When it is an emergency you don't think about money. There are a lot of issues they have coming up but he would like them to think about this. He wished Councilwoman Page 24 of 25 Council Regular Meeting November 5,2007 Lichter Godspeed and informed her it was a pleasure serving under her. Councilwoman Lichter mentioned Mr. Hammond helping out during the hurricanes with evacuating the animals. Mayor Thomas stated not only does he challenge them to go vote tomorrow but he challenged them to call five of their friends and tell them to go vote. Let's have a good turnout tomorrow. 12 . 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