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09-24-2007 - Regular u o CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 24, 2007 8:35 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 8:35 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 Due to having already said the pledge of allegiance at the Special Meeting, Mayor Thomas opted not to do it again. 2. APPROVAL OF MINUTES There were no minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS There were no Presentations at this time. 4. CITIZEN COMMENTS The following citizens spoke: Susan Hounsom, 3115 Travelers Palm Drive, stated she was at a shop on Riverside Drive and she saw this and she was okay with it until she got to the third page. She asked to present it to Council for them to look at and review. Mayor Thomas asked her to hand it to City Clerk Wadsworth. Page 1 of28 Council Regular Meeting September 24, 2007 (.) o John Cordeiro, 1515 Pine Tree Drive, stated his big question is west of 1-95 the County did a study on all that land and they paid over $100,000 to do that study. They had an outfit in New Smyrna do it. All the results of that study was it is non-buildable. All that land. How come now it can be buildable. Because Edgewater wants to let a developer build 9,000 homes out there. Mayor Thomas asked Mr. Cordeiro if he wanted his question answered on his time. Mr. Cordeiro informed him he wanted an answer. City Manager Williams didn't know where Mr. Cordeiro was getting his information from. That determination has not been made at this point in time. Mr. Cordeiro stated it most certainly was. He saw the study. Mayor Thomas asked Mr. Cordeiro if he had the facts with him. Mr. Cordeiro informed him no but agreed to get them. City Manager Williams stated the study he maybe referencing may be the Marshall study but he didn't know that the decision had been made. Mr. Cordeiro stated he does know why nobody wants to lower the taxes. Because everyone wants to protect their salaries. Some people make $140,000 and some make $70,000 and they don't even live in the City or pay taxes in the City. He doesn't like his tax money paying an attorney to take his rights and his freedom away from him on the petitions. He doesn't think to use taxpayer money because 1,800 people signed the petitions. Just forget about them right? Use City money to pay an attorney to take his freedom and democracy away from him. It's not right. He asked City Manager Williams if he thought it was right. Mayor Thomas informed him he had to address the whole Council, not just City Manager Williams. Mr. Cordeiro stated there are so many unethical, immoral and corrupt things going in this City. The Edgewater hospitality thing should be taken off the wall and put up a hammer and a sickle and a swastika because he feels that is the kind of government they have here now. 5. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Page 2 of 28 Council Regular Meeting September 24, 2007 ~ o Councilwoman Lichter stated there is a gal that collects the money for utilities and she is what you call a temp employee and her name is Christine. She never saw a more efficient, better, cheerier worker in her life. She complimented her tonight. She asked Personnel Director Looney to let her know she thinks she is doing a wonderful job. She came in the other day to pick up her packet and there was a line out front. She was here for around seven minutes and when she left Christine had taken care of the whole line. Councilwoman Lichter commented on a Green Development Workshop she attended at the Daytona Beach Community College on September 14th. She commented on what the word green means in terms of development. It means efficiency in terms of such things as electricity, water, and environment. All aspects of building homes and how you can make them green. The developers are now cooperating especially in Volusia County with water. She commented on a program called Florida Star in Volusia County. It was one of the best programs she has ever been too. WAV was part of sponsoring it. Councilwoman Lichter feels it is sometimes confusing for the taxpayers when it is put in the newspaper that if you have a house that is worth $150,000 and your taxes are going to be something like $600, it doesn't say Edgewater taxes. Now her phone starts ringing because people are concerned because their taxes may be twice that amount. She feels they should specify Edgewater taxes because of people paying taxes to other agencies as well. Councilwoman Lichter commented on wanting to say something about the discussion she has previously been subjected to. In terms of the Reserve Fund, she has been sitting there for years where they did not put the total sum in the reserve fund. They have worked out a loan system that City Manager Williams is going to be able to borrow from. Several people at the last meeting brought up very strongly from the audience that they were not living up to their Charter requirements. That person asked City Attorney Ansay if the City could be sued because of that. This City is in such a state with being sued by so many entities. In her mind, they could be sued for not living up to their Charter obligation. She thinks that is when City Manager Williams switched gears and looked at the budget again and informed them what they should do. Page 3 of 28 Council Regular Meeting September 24, 2007 {J o Councilwoman Lichter commented on a lot of the things in the budget needing more money, which we don't have. We are being sued by a lot of entities. Besides all those extra dollars in potential suits this year, which they don't know how they will be settled or where that money is going to come from. Some of these things that are being done by the very petition that was referred to by the gentleman that spoke about them before, doesn't make the City so welcoming to business. Business does not go where they feel you want to stay and people have a legitimate desire to do this but nothing stays the same in life but they don't want to go to a City that says they want to be a quaint, little seaside town. It's never clearly quite been like that before. There has always been some kind of business local industry and many things here. When you are dealing with a Walmart or a large store or a big business they aren't particularly looking for that community and they have to be aware of that. They want business and they say halt, we really don't want you here. Councilwoman Rogers had nothing at this time. Councilman Vincenzi had nothing at this time. Mayor Thomas commented on attending Frank Bruno's luncheon of the Mayors as well as the VCOG meeting. They spoke about taxes and how they are doing it and budget and they are trying to solve these problems. It's not just us. Everybody is feeling the pain. Mayor Thomas stated he spoke to a woman reserve officer and she told him she the Police Department buildings pressure cleaned and got the Crown Tree Service to donate the truck and she got everything donated to have that pressure cleaned. Police Chief Taves informed Mayor Thomas she is not a reserve officer she is one of the CAPS volunteers. Mayor Thomas stated he appreciated what she did and the effort that the volunteers did. 6. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page 4 of 28 Council Regular Meeting September 24, 2007 u o A. Public Hearing, Stonecipher Enterprises on behalf of Earthquake Magoon's, 132 West Park Avenue, requesting a Special Activity Permit for their annual Biketoberfest Oyster Roast for 2007 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 Rogers moved to approve the Special Activity Permit to allow Earthquake Magoon's to have an annual Biketoberfest Oyster Roast to be held October 20th, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . B. Public Hearing, No Name Saloon Enterprises, LLC on behalf of No Name Saloon, 2001 South Ridgewood Avenue, requesting a Special Activity Permit for Biketoberfest for October 15, 2007 through October 21, 2007 Development Services Director Lear made a staff presentation. Mayor Thomas asked for Council comment. Mayor Thomas commented on reading they were expecting thousands. He guessed the Police were prepared with a plan. Councilwoman Rhodes stated lots of overtime. Police Chief Taves stated it is going on their bill if there is. Mayor Thomas opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, asked what arrangements were being made for the sound monitoring and who was paying for it this year. Fire Chief Tracey Barlow stated Code Enforcement would be present as in the past at that location and the City will Page 5 of 28 Council Regular Meeting September 24, 2007 u o be reimbursed for any overtime hours, which they have signed and agreed to. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Rhodes made a motion to grant the No Name Saloon a Special Activity permit for October 15th through October 21, 2007, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . C. Resolution #2007-R-13, First Amendment to Interlocal Agreement for Public School Facility Planning - amending the Agreement dated March 19, 2003 to comply with Senate Bill 360 and the School Planning Charter Amendment City Attorney Ansay read Res. 2007-R-13 into the record. Development Services Director Lear made a presentation regarding Item C - Res. 2007-R-13 and Item D - Ord. 2007-0- 18 due to them being interrelated. Councilwoman Lichter commented on attending the local workshop concerning this. At first she thought it would have more to do with growth. The core of it she believes is concurrency. It's not just a matter of growth. She spoke of schools that are clustered or together will be consistent in what they offer children with regard to class size, subject matter and quality of education. They want to make sure that the children in the schools in a rural area get the same education as intercity. Mr. Lear stated what they are dealing with right now is the growth part with the level of service standards. Councilwoman Lichter asked what their area is. Mr. Lear explained they have different zones for elementary schools, middle schools, and high schools. We are in the southeast portion. Mayor Thomas asked if they have a choice. City Manager Williams informed him no. Mayor Thomas opened the public hearing. Page 6 of28 Council Regular Meeting September 24, 2007 u o The following citizen spoke: NoraJane Gillespie, representing the Southeast Volusia League of Women Voters, stated she has attended everyone of the School Board meetings. Edgewater's zone for Indian River now extends to Williams Road in Oak Hill. That is to allow Burns to take on the growth to the south county line. Reed Pattilo has just been changed. Their zoning allows Edgewater to go north from Edgewater Public to Mission Road and out 10th Street. That will now be Edgewater Public's north line. The school at SR442 will be a K-8, two-story. Look for it in 2010. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Res. 2007-R-13, First Amendment to Interlocal Agreement for Public School Facility Planning - amending the Agreement dated March 19, 2003 to comply with Senate Bill 360 and the School Planning Charter Amendment, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . D. 1st Reading, Ord. #2007-0-18, CPA-0703 - City of Edgewater requesting an amendment to the Comprehensive Plan to include a Public School Facilities Element and to the Intergovernmental Coordination and Capital Improvements Element City Attorney Ansay read Ord. 2007-0-18 into the record. Development Services Director Lear made a staff presentation for Item D - Ord. 2007-0-18 under Item C - Res. 2007-R-13 due to them being interrelated. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2007-0-18, CPA- 0703 - City of Edgewater requesting an amendment to the Comprehensive Plan to include a Public School Facilities Element and to the Intergovernmental Coordination and Capital Improvements Element, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . Page 7 of 28 Council Regular Meeting September 24, 2007 u u 8. BOARD APPOINTMENTS There were no Board Appointments at this time. 9. OTHER BUSINESS A. Other Business - Goals/performance objectives for City Manager for FY 2007/2008 to be set by Council City Manager Williams informed the Mayor & Council that he had included in the packet a copy of his agreement with the City. The goals that the Council set for him last year at this point in time and the status of each one of those goals in a memo basically describing that pursuant to Article 4, Performance Evaluation of the attached agreement for the City Manager, Paragraph A requir~s the City Council to evaluate the performance for the previous year and define goals and performance objectives for the upcoming year. Paragraph B requires that the City Manager provide an update on efforts put forth to achieve the goals and objectives previously set by Council. He referred to the copy of the City Manager's goals for 2006/2007 that were signed by Council last year with a brief summation relating to the completion and/or status with each. He asked for Council's pleasure. Councilwoman Rhodes felt it was very comprehensive. She stated she called City Manager Williams today and asked him exactly what he wanted from this because she wasn't exactly sure. These are all the goals that the City Council set for City Manager Williams at the beginning of the last fiscal year. Underneath of the goals that were set is what he did to achieve those goals. She stated they have the list of the goals and what City Manager Williams did to achieve them and on the agenda it says that he wants goals and objectives for fiscal year 2007/2008, for this coming year. City Manager Williams confirmed that was correct. Councilwoman Rhodes asked him if he wanted a discussion of his achievements for the past year? Page 8 of28 Council Regular Meeting September 24, 2007 u o City Manager Williams was open to whatever Council's pleasure was with regards to the status of those current goals. City Manager Williams explained what he has tried to do just to make this somewhat of an easier document to look at is recalling last year when the original goals were set they kind of went around the room and everybody had an opportunity to describe what their goals were. What they tried to do is go back and lump those goals into like kind goals that the Council had established for him and then the bold italicized summations with dates etc. are underneath to communicate to them what actions they took on which dates to try to attempt that. Councilwoman Rhodes again asked City Manager Williams if he wanted a discussion of his goals from last year or if he wanted new goals for this year. City Manager Williams informed her he would like to have both. Councilwoman Rhodes felt City Manager Williams did almost everything they asked him to do. Some she thinks he was reaching for a little bit here. She used continuing education as an example. She spoke of him planning to attend but not attending anything yet. City Manager Williams informed her no and referred to budgetary constraints. Councilwoman Rhodes commented on having better communication with our House and Senate representatives. She mentioned City Manager Williams and Senator Lynn having a discussion. City Manager Williams stated he participated with the Mayor and Councilwoman Lichter on a couple different occasions and conversations with the whole delegate up in Tallahassee regarding the property tax reform issues so forth as permitted. Councilwoman Rhodes felt he should have wrote that down. She feels City Manager Williams had the most difficult year as did all the department heads and all the employees had the most difficult year. She thinks it was almost superhuman that he was able to accomplish and she pointed Page 9 of 28 Council Regular Meeting September 24, 2007 u o out he took the wrath from the Council and the wrath from the employees for the things that had to be done. She didn't have any goals right now for next year. Her goal is to get through the budget and wanting to be on sounder financial footing. She thinks they are headed in that direction. She wanted the employees to know with money in their hand that they are appreciated, that they are going to suffer through this year but next year it's going to be better. They're going to either bring in new revenue and beef up economic development so that they can bring in new revenue. They are going to have a larger tax base. They are going to have lower assessments. Whatever it takes to bring more money into the City so that they can accomplish a sounder financial footing and by that she meant she wants the Charter requirement met. She feels the Charter requirement met and the State mandate has to be their threshold. She would like to see if it's possible that they go over and above that. She also would like to see that if something happens and at the end of this year they come in with more money than they thought they were going to. In other words the Charter requirements met, they have a start on a Capital Fund so that they can replace vehicles and equipment and if there is money over and above that she would like to see a minimum set for a capital requirement fund yearly and over and above that any money she thinks should be given to the employees in the form of a bonus of some sort. That money should be divided between them because they took the biggest hit for all of this. She would also like to have a workshop where the Council sits and discusses with City Manager Williams more definitive goals, more strategic planning like they did before. She stated her head has been so full of budget that it's been hard for her to see past money at this point and she would like to have an opportunity to refine some thoughts. City Manager Williams commented on having an election coming up and some of the faces will change certainly and his thought process for that is to certainly conduct another strategic planning session as they did in January. Just for clarification purposes he asked if that is what he is that Councilwoman Rhodes would like to do. Councilwoman Rhodes stated she would like to do it at a later date but that's up to Council. She stated she thought City Manager Williams accomplished what they asked him to accomplish and her recommendation would be that he Page 10 of28 Council Regular Meeting September 24, 2007 u Q would get the same raise that all the rest of the employees are gOlng to get, 3%. That's it. Councilwoman Lichter stated 80% has been able to be accomplished. She felt 20% was really tied into money that they don't have. She was talking about road funding which is if anything shows up in extra money she feels they can't let it all go by or they will be digging cars out of those holes. It's got to really be addressed. She thinks that maybe people haven't had time to look at her historical interests. She was the one who wrote that one. Seek more grants specifically in terms of historical things. She commented on working so hard for that mural. That mural cost $5,000 and it was called Judy's pretty picture but it was appreciated by everyone that saw it and it reflected Edgewater. There are things that can be done here without getting grants. She always had an idea that if they could put some kind of tape that could go into people's cars that are visiting or staying at the motel that shows the historic landmarks in this City maybe with a mural, maybe with an identification. It could include Edgewater, Oak Hill, and New Smyrna. It could be fundraising. We do have historic things here and she's been in places out west actually Oregon where they did put something in the car and followed the trail. There are ways to make money with history. It's what people that now come to Florida want to see, cultural things and history things etc. She thinks they missed the boat a little bit on that but she thinks City Manager Williams had so many other interests his first year. She feels he has done a good job with the temporary shelter. It is looking better. Our new manager-animal control person, Johnny Dail, has been able to get it to balance somewhat better financially but she thinks that the public's getting restless. She's getting restless. The volunteers are getting tired and restless. The animals are in good shape. They're happy. But when they don't have air for themselves and hot water for themselves and things they've got to move on it. The same applies to the shuffleboard courts and she knows he's trying but that has been a very slow process and a tiring one and it's not anyone's fault. It's just so many things have happened. But now it's time to put their finger on the button there. City Manager Williams responded by assuring the Council and the residents that they are making progress with that. He had a meeting this week with staff to go over the RFP and put it in its final form. Page 11 of28 Council Regular Meeting September 24, 2007 u o Councilwoman Lichter asked City Manager to those letters mean. City Manager Williams RFP is Request for Proposal. explain what informed her an Councilwoman Lichter stated a request for proposal of any type of structure they could build. City Manager Williams stated Public Works projects and City Attorney Ansay may want to add to this is to assure the folks that there is a State Statute that requires all Public Works projects of this nature to be bid and therefore they are going to go out via an RFP and solicit proposals for contractors to come in and build the shelter using a design build concept. There were challenges. They've had emirate of issues that have developed that have forced delays of one or the other and that they've had to be in what he would call mop up stage here to get this thing on the path of righteousness. So that's kind of a very short history of what's going on there without getting into the details and being here until one or two in the morning. But we are meeting. It is moving forward. The money is in the bank. It's down at Wachovia bank. There was a requirement that they set it up into a different account and hold those funds separately. Mr. Tanner will love this but for anybody that would like to see all the reconciliations that were done on that money he would be happy to meet with them and give them a copy of all that information. Councilwoman Lichter stated she wasn't questioning where the money is but she knew some people in this community have. City Manager Williams had also heard it. He's heard it so it's there. Isn't it Brett? Mr. Tanner agreed it's there. City Manager Williams stated but just to try to put some assurances on that. Councilwoman Lichter thanked him. Mayor Thomas asked Councilwoman Lichter if she was complete. Councilwoman Lichter stated she was complete except other things in here. Not goals. She also had questions on salary and other things later. Mayor Thomas asked Councilwoman Lichter if she wanted to set up a strategic workshop. Councilwoman Lichter stated well how much longer am I going to be here? She was saying that in two senses. She really wants to be alive to see Page 12 of28 Council Regular Meeting September 24, 2007 u u the shovel go in the ground for the shelter. dream. That's her Councilwoman Lichter stated she was going to say move it in square but move it. But she will not be here to make those decisions. She thought she had another month and she was taking her leave after ten years. She spoke of serving four years before serving on Council on the Planning & Zoning Board and she has served her community. She didn't think she wanted to make those kinds of decisions. Councilwoman Rogers stated she was happy with the format that City Manager Williams has put this together as far as the goals, what he has done so far and then those goals that he hasn't met, he just kind of left it there with no comments but the previous City Manager didn't seem to be as conscious about this as this City Manager is. Good bad or in between he is trying and she could see that and she is happy to finally find out what happened to the dredging material. A lot of different little things she was curious about in the past she never got clear answers on. There are still things she wants clear answers on and she was sure that she would get them if she digs and digs. But one thing that they were going to do after the last audit was complete was have an expanded scope in some areas and one of the areas was ParkTowne and of course now ParkTowne is sold and she didn't pursue that because our audited statements came back to the City later than what they were initially promised to us to come and be presented and due to the fact they were already into the next budget cycle it was just fruitless to go back and start expanding the scope and looking at things. But she was concerned with the fact that they have the 57 employees in the Defined Benefit Plan and all the issues that have been brought out to light recently and the fact that things are having to be modified. She was concerned because she believes those areas were not normal. They were reoccurring. They were not normal and they were never in the financial statements regarding the Defined Benefit Plan and everything. Those employees did have a right but unfortunately they are having to do what they have to do because of the economics of the situation. So she knows that they have a three-year contract with the CPA firm but she would hope that City Manager Williams could look through things and see what they can do so that they can replace that firm so they can go forward. She feels it's necessary. And in so doing have something set up internally Mr. Tanner as far as Page 13 of28 Council Regular Meeting September 24, 2007 o u trying to keep up with these fluctuations so that they are not in this same situation next year. And that they have to continually hurt employees because if they don't start doing something now and monitoring it, she means it's volatile, it's changing. They have to do something. So replace the firm and come up with something where they could measure the performance or get the information and be able to present that and as far as a workshop to discuss goals and whatnot she thinks it is necessary and it's something they should probably do after the first of the year. She believes that would be a good time to do it and as far as communication with department heads, she brought up the issue with the Fire Department and the Police Department and it appeared that there wasn't a communication problem with the Police Department on these budget numbers. And there was a problem with the Fire Department and she doesn't want to see that happen again. She wasn't up there to go pointing fingers or this or that. She really would rather be the bridge to fill the gap so if they need to revisit that and have a workshop so the Council can understand more about the mechanics of the Fire Department and the two and the three and the this and the that. She heard what Mr. Card had said about if two emergency personnel are going out to a site and they really need three and they have such an emergency, she doesn't want to have on their hands that somebody died or that somebody suffered a stroke. So she wanted to understand that more and she's had so many phone calls and conversations that it's not something you just grab and grasp. You guys understand it but she thinks that the Council needs to be better educated in those areas and at the same time she would hope the communication gap could be narrowed. So that's it. City Manager Williams stated in reference to the involvement or the monitoring of the budget and fluctuations and changing economy etc. etc. the department heads are going to find this as a bit of a surprise because he hasn't had the opportunity really to sit down and discuss this but thinking internally how they can do things differently and improve the communication not only with the Council but to our citizens. Our operating procedures in terms of the finances is they go through a traditional close now every month which is something that you see out in the private accounting worlds. Once those books have been closed for that period essentially that means all reconciliations have been done, all transactions etc etc. Page 14 of28 Council Regular Meeting September 24, 2007 o u have been done. Looking at a mechanism, that once Mr. Tanner gives the signal for the close, then the very next meeting following the signal of the close that the department heads appear before the Council and do a presentation. A presentation on exactly where they are with their budgets, what they are responding to economically and how they are incorporating those changes providing Council with the necessary statistics that are pertinent to each one of the business units that they know, operate and manage. Just to keep an open line of communication going. He is already working on that as a change for next fiscal year. They have just heard it for the first time tonight. He would like the opportunity to talk about the pros and cons with them certainly and the challenges that present them. From a financial perspective the emphasis is definitely placed on the fact that they need to be monitoring their budgets and making the appropriate modifications daily, weekly, monthly in some cases it may be as frequent as that. And be able to communicate how they are adjusting etc. etc. That's kind of the direction they are already heading in. Councilwoman Rogers commented on last year asking for City Manager Williams to give them a quarterly report on the residential and the commercial projects. She asked if they could also have a report regarding the debt service and they can talk about that because she's got some ideas as far as the format of it. Her biggest concern is that the City incurred this debt and service fees were supposed to be coming in to help reduce that debt and the rate of that reduction has been slowest at best and they need to look at that so that in the future when they have other needs that are unforeseen. Right now she would say it is going to be very hard for them to meet those needs when they still have this debt hanging over their heads. And it is kind of if you're getting back into an accounting principle, matching revenues and expenses and what was the life of that asset that created that liability and are they paying that debt down because eventually they've got to fix that asset or modify it in the future to give them long term benefits again. She feels they need to look real hard at that debt. So the debt, the pension and a new CPA firm. City Manager Williams stated on the RFP for the firm and this is something that came up last year around this time. Timing is everything with that. Right now the Finance Department as of your action tonight on that financial Page 15 of28 Council Regular Meeting September 24, 2007 u ':'\ U budget will take off their budgeting hat and now put on the auditing hat and they have already set the year-end audit into motion. They've got the auditors due out here Wednesday so that process is going on. When they met this time last year this time most of the audit schedules have been developed for all the other cities and the firms and certainly another firm would come in and apply. But that's going to prolong everything. He suggested and recommended for the Council's consideration, that if understandably the need to go out for an RFP and recognizing the goods associated with that. He suggested they do it after the audit and make it a primary objective that next year when they're going into this that they have a new firm sitting there so they don't delay the issuances of the financial statements even more. Because that's what it's going 0 take. It's going to be a major learning curve that the new auditors are going to have to get over. Even if they audit every other city the audit and the methods that we have used are going to be different because they apply differently to different firms. Councilwoman Rogers stated she would like to talk with City Manager Williams more about this privately because she thinks that they are just pushing off the inevitable again and right now they have done a lot of things this year, a lot of results have occurred, ParkTowne being sold etc. and she didn't like how that was sold but anyways she thinks that they may need to talk about this like really quick because they can get somebody in here and she I thinks it's important for them to go into the future because her gut feeling is that there is some more things missing. City Manager Williams stated if Council tells him tonight by a majority to go out for an RFP, tomorrow morning he will dust off the RFP and clean it up and they will head out that way and look at the terms of the contract, get with the legal counsel and begin the process. Just sitting here suggesting to the Council that he thinks it would be in their best interest, the City's best interest, and the staff's best interest to wait until they have concluded this year's audit just due to the timing and the learning curve and all the new oxes that are going to change. Councilwoman Rogers stated but they were late giving them last year's audit so even if they get a new auditor and they need a few extra months, the people that did it last year were experienced and they didn't give it to them. It Page 16 of28 Council Regular Meeting September 24, 2007 o o was 60 days plus later than what they told us. So here they were the experienced ones and look at how long it took them. City Manager Williams stated they would be happy to do it. If the Council tells him me by majority vote here tonight, he will certainly start the process tomorrow. Councilman vincenzi stated he was more than willing to wait to a time when it's more conducive for business to run smoothly and for the next audit cycle. Councilman Vincenzi stated as far as evaluation, he thinks City Manager Williams has done a great job especially since he's a fairly new City Manager. He thinks he has had a lot of difficult problems to tackle. He thinks he's attacked a number of them and succeeded in if not solving the issues then at least bringing them to light so they know what the problems are. He commended him on that. He heard City Manager Williams needs a little bit of training in dealing with department heads and demeanor and things like that but that will come with experience. Overall he thinks he's done a great job. As far as goals for next year he thinks a workshop would be the wise thing to do. He didn't know about waiting until the first of the year but definitely after the election, see who he has to deal with and they can be part of the new goal setting process. As far as a raise, he thinks it's fair if City Manager Williams gets what other employees are getting. City Manager Williams asked that Council put that into a motion as well. Councilwoman Rhodes assured him they would. They're going to wait for the Mayor to finish his. Mayor Thomas asked City Manager Williams if he could do this job in three days a week. Our last City Manager was only here three days a week and City Manager Williams has given his all. He guaranteed it. He asked City Manager Williams if he has had sleepless nights lately or if he had had any knots in his belly, if he had felt any pain or felt any emotion? He informed him he had. He knows he has because he has shared it with him. It's not easy. He commented on the employees being his family too. City Manager Williams is the head of his household. They gave him a budget. They gave him a grocery list and he's got to Page 17 of28 Council Regular Meeting September 24, 2007 o o get there and get it done. We were doing good. He informed City Manager Williams how proud he was of him. He then presented a scenario. It's like you were driving a car down the road. Okay we hit a little bump. Lawsuit. Flat tire. We fix the flat tire, we're going on, we're making progress. Okay and then we go rrrrr boom we have a wreck. The legislature says you're doing this. We go how are we going to do this? We've got major damage folks. We've got to do bondo. We've got to do headlights. We've got to keep this car on the road and guess what he did it. He did it. And guess what he didn't tiptoe around any problems. He hasn't done it politically. He's hit everything straight on and guess what folks he's honest and he has my vote of confidence and he has my vote of trust and he thinks for a young, inexperienced person to come in here and do that, he is proud of him. City Manager Williams thanked him. Mayor Thomas also wants to do a workshop after the election for next year's goals. So we need a motion to what? What do we need a motion to do? Councilwoman Rhodes stated he asked for a consensus on Councilwoman Rogers' and Councilman Vincenzi gave his opinion but and that seemed to settle it so. Mayor Thomas wanted to wait and think it over more as far as the RFP. Councilwoman Rhodes agreed with Councilman Vincenzi. She is of the firm agreement that every so many years they should change auditors regardless of whatever they think or whatever's going on. She is always of that believement. She feels the timing is bad on this. Councilwoman Lichter stated although she will not be involved in a general principle she thinks City Manager Williams should make that decision of when and it doesn't have to be tomorrow. He knows best all the things that feed into the decision. She told him to decide when. Councilwoman Rogers stated she wants to have it as a goal because she thought as Council they were supposed to direct City Manager Williams and that he doesn't direct them. Page 18 of28 Council Regular Meeting September 24, 2007 o o Councilwoman Rhodes asked City Attorney Ansay a question. She stated last year she and City Manager Williams discussed that she wanted a morals clause in this contract and they never could come up with one. She asked City Attorney Ansay if she could draft something and if it's okay with City Manager Williams. She stated this is not a deal breaker but informed City Manager Williams if he was sleeping with his secretary or whatever. Someone in the audience pointed out that he didn't have one. Councilwoman Rhodes informed City Manager Williams it doesn't fall under the illegal category but it does fall under the immoral category and she doesn't want to pay him a year's severance pay while he's Bill Clinton. And she's not going to pay it to City Manager Williams if he was doing the same kind of crap. City Manager Williams asked who is the judge and jury on that one? Councilwoman Rhodes informed him she was. She is real liberal about those kinds of things. City Manager Williams asked her to clarify the judge and jury a little bit. Councilwoman Rhodes stated that's why she was asking City Attorney Ansay if she could draft something up maybe in the appropriate language that all of them can agree on. Councilwoman Lichter asked City Attorney Ansay if she had ever done that. Councilwoman Rhodes stated there's morals clauses in almost everything. City Attorney Ansay agreed to try to do a search. She's done several City Manager contracts and executive directors and she didn't know that she had ever had or seen a morals clause. Councilwoman Rhodes stated she didn't know what else to call it. City Attorney Ansay used Bill Clinton as an example. There are probably people in the audience who think he should have been thrown out of office for that and there are probably people in the audience who think you know quite frankly that wasn't really the point of his job. That is where the difficulty comes in from a legal perspective comes but she agreed to try to find something. Page 19 of28 Council Regular Meeting September 24, 2007 o o Councilwoman Rhodes feels if it's going on in that office over there then it affects the job. If it's going on in the motel down the street she doesn't care. Councilwoman Rogers stated Jon is the City Manager. She asked him if they have designations like certified public accountants have designations and morals and ethics. City Manager Williams stated he is a member of the ICMA and the ICMA has a Code of Ethics that is established for City Managers and certainly they can bring it forward and let the Council look at it when they meet. Councilwoman Rhodes suggested they put that in his contract. If you violate the ICMA ethics then they don't have to pay him. City Manager Williams feels that one of the things that they have to evaluate is them becoming a fully recognized ICMA City and the actions associated with that. Councilwoman Rhodes informed City Manager Williams he could be dismissed with or without cause but in the case of the Council dismissing him they can only. Cause is only if you're thrown out by the State or by the Governor or you commit a felony. There's a whole lot of gray area in there that's not appropriate behavior for a City Manager and there's nothing in here that releases this City from any liability of that. City Manager Williams stated as City Attorney Ansay pointed out there are morals that some folks may find offensive. Councilwoman Lichter stated maybe they're talking ethics or another word than morals because what's accepted in one community may not be accepted in another. She believes that's a very touchy thing to use the word morals. Maybe they're talking ethical beh~vior or something else. Councilwoman Rhodes stated look at it this way. She informed City Manager Williams this was no reflection on him. He knows she doesn't think this of him. Let's look at it this way. Jon's having sex with somebody in his office, let's say another employee in his office. Somebody else walks in on them. A Councilmember walks in on him and says alright Jon you're out of here, we're not tolerating this. Well guess what, if they do that and all of Council Page 20 of 28 Council Regular Meeting . September 24, 2007 o o agrees that they do that, we have to pay him a year's severance pay and she doesn't want to pay him a year's severance pay for that. City Manager Williams wanted to make sure that Kelly does not get any of this wrong tomorrow in the paper because he has a wife at home. Councilwoman Rhodes stated she didn't know how to be more delicate about it. She apologized. Councilwoman Rhodes stated see, if he would have just said yes we'll look into that we would have never gone this far into this conversation. City Manager Williams stated as she said it wasn't a deal breaker when they started right. Councilwoman Rhodes stated that's what she said. doesn't think Jon's that kind of guy so she's not that worried about it but you never know. She really Councilwoman Lichter stated well we're not talking about just Jon. Councilwoman Rhodes was talking about anyone that serves in that position. Councilwoman Lichter suggested maybe a word ethical or something else might be better. Again she is going to say what to her is immoral may not be to someone else. She feels they are getting into things that are a very touchy area. You want to spell out how we wouldn't want him anyone in the position stealing money. That's ethical or whatever the proper word. Criminal I don't know but moral is a very touchy one because it's such differences. Mayor Thomas asked City Manager Williams if he had to follow a Code of Ethics? City Manager Williams confirmed being a member of the lCMA he has to follow a Code of Ethics. Councilwoman Rhodes stated she has always heard it called a morals clause. Councilwoman Rogers stated any professionals. Councilwoman Rhodes stated you could call it whatever you want. Just make sure that they don't have to pay him if he's not behaving. Page 21 0[28 Council Regular Meeting September 24, 2007 o o Councilwoman Lichter asked if there is a precedent and any place where it's done. Mayor Thomas again asked City Manager Williams if he had to follow a Code of Ethics. City Manager Williams again informed him he follows the lCMA Code of Ethics. Councilwoman Rhodes suggested they put that in his contract. Mayor Thomas asked how many people on the Council wanted that in his contract. City Manager Williams felt they needed to go back and look at it with the Attorney and then come forward. Councilwoman Rhodes stated all he has to do is put one line recognizing that he knows he violates the lCMA Code of Ethics. Councilwoman Lichter stated she would have to read what that says. She doesn't know what they are. City Manager Williams stated by being a member he has already attested to the fact that he subscribes to the lCMA Code of Ethics. Certainly something in that they will approach but he couldn't certainly tell them today that he was amenable to something of that nature. Councilwoman Rhodes stated you're not going to be amenable to be held fiscally accountable for following the Code of Ethics. City Manager Williams stated other issues the Council has described is that they want him to receive the same raise that he negotiated with the employees. Councilwoman Rhodes made a motion that City Manager Williams receive a 3% raise, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 10. OFFICER REPORTS Page 22 of 28 Council Regular Meeting September 24, 2007 o o A. City Clerk Wadsworth City Clerk Wadsworth had nothing at this time. B. City Attorney Ansay City Attorney Ansay reported on the pending litigation the City has with Mr. Zeller and Mr. Greene. This is the case where the City was sued related to the height limitation as it applied to their property in ParkTowne. The court entered a judgment last week resolving two of the four issues in that suit. Making a determination that they do indeed had vested rights, which was the position of the council earlier this year when it adopted the resolution that ParkTowne was one of the vested properties. There still remains two additional issues that were raised in that suit that have not received court determination. One was whether the height amendment was legal and valid and the other was whether or not Council had the ability to grant that vesting status to begin with. Because the plaintiffs have received what they wanted, which was a court determination that they are vested, she pretty much foresees that they will probably dismiss their remaining claims. The City counterclaimed also asking the court to make the determination that they had the legal authority to pass that resolution. There is no point in continuing with a lawsuit and incurring costs to make that point. Nobody else is challenging the fact that they have that authority. It was her recommendation that they settle those remaining claims or dismiss them. They will dismiss theirs. They got what they want. They are basically where they were the night they passed the resolution saying they were vested anyways from a legal standpoint. She thinks the owners wanted to have that coming from a judge and now they have it. She feels that case will go by the wayside. City Attorney Ansay commented on the copy of the recent complaint filed by ECARD that she provided to Council. She recommended that she will be in touch and will meet with each one of them individually if they have any questions before the next meeting. They will be proces~ing it, reviewing it, and getting read to prepare a response when directed to do so by the court. C. City Manager Williams Page 23 of28 Council Regular Meeting September 24, 2007 o C) City Manager Williams stated on October 15th he would be out of town. They will need to move that scheduled Council meeting or if Council so desires to have one for the month of October they can do that. Councilman Vincenzi felt they needed to reschedule it. City Manager Williams informed him he could reschedule it to October 22nd if that fits in the Council's schedule. Councilman Vincenzi stated that would be fine with him. Councilwoman Rhodes informed him she wouldn't be there for the next meeting. It was okay to move the meeting to October 2 2nd. City Manager Williams reported that Ken Small would be working with the departments on October 18th. He comes in and does a presentation to the Council and citizens regarding what he has found and what he suggests as recommendations for revenue enhancement. They have been trying to nail down whether or not he does that after working with the department heads. If that is the case they will move the Council meeting to a Thursday night, and hold the meeting on October 18th. Otherwise they will have the meeting on October 22nd. Councilwoman Lichter asked how much that costs. City Manager Williams informed her about $300. It's not a significant amount of money in respect to what you get out of it. 1) Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 11. CITIZEN COMMENTS The following citizens spoke: Bob Lott, 2112 S. Riverside Drive, stated he didn't know who was responsible but he really appreciated the softer seats. Councilwoman Rhodes stated insurance paid for those and City Clerk Wadsworth picked them out. Jim Sylvester, 2209 Orange Tree Drive, stated they only have about ten days before the October 4th meeting held at Page 24 of 28 Council Regular Meeting September 24, 2007 o Q the Fire Department to meet the candidates. He was informed the meeting was October 3rd. Mr. Sylvester stated the candidates are going to be elected at the next election and are going to change the face of this City as they know it. Two people will have the opportunity to make tremendous impact on the direction this City takes. He urged everyone to attend that meeting and meet the candidates and find out where they are coming from and what they are promising. When they promise something, make them accountable for their promises. Mr. Sylvester stated Councilman Vincenzi said City Manager Williams needed a little work on dealing with the employees and the department heads. He suggested if he turns down the 3% raise, it would make him look like a hero to the guys on the garbage trucks. City Manager Williams stated he thinks that opens the door for all of the management team, directors included, to sit down at a round table discussion to discuss all of them foregoing their raise this next fiscal year in an effort to recognize all of their employees and that money be put back in to a pot for recognition. He is willing to discuss that with the department heads and see what they as a management team will come up with. Bill Glasser, 1703 Needle Palm Drive, stated he keeps hearing these comments about making the City beautiful and so forth. He thought they spent $220,000 out at 1-95 to beautify the entrance to the City. He commented on the Florida shores Truck Center not being very appealing. As they develop that area he feels they should pay attention to making it look better than a truck dump. Mr. Glasser stated he spends a lot of time walking around Florida Shores. As he walks along the Boulevard, he asked who was responsible for maintenance of the Boulevard, such as cleaning up the trash along the curbs and the grass growing up through the sidewalks. If it is the State or the County, what kind of dynamite does it take to get them off their duff to clean it up and make it look a little better. Mr. Glasser asked who was responsible for mowing the City right-of-way in front of vacant lots. Councilwoman Rhodes informed him the City. Mr. Glasser stated for lots that Page 25 of 28 Council Regular Meeting September 24, 2007 o u have houses built on them, who is responsible for maintaining the City right-of-way. Councilwoman Rhodes informed him the City but they have no money. They are asking homeowners to maintain it. Mr. Glasser stated he has been doing the job for the City. He commented on a property on Lime Tree Drive, north of the Boulevard, where a lady lost her husband a year or so ago. At the corner of her lot between her and the next house, there are weeds a couple feet high, cardboard boxes and stuff like that in there. He thought she couldn't cut the grass anymore and asked if the City could clean it up since it is on City property. Councilwoman Rhodes suggested Mr. Glasser contact Code Enforcement. Dave St. Mire, 1714 Juniper Drive, stated he didn't think anybody in this City has had their constitutional rights violated. The gentleman is old enough that he should first hand remember who and what the Nazi's were, what they did and how they ran their country. He doesn't think the City is run by a bunch of Nazi's. For the man to sit there and call the Councilor City a bunch of Nazi's that is obnoxious, rude and uncalled for. He feels he owes the Council and the City an apology for his behavior this evening. Mr. St. Mire commented on reading the paper where someone in the room tonight has had their free attorney file a lawsuit in District 7 against the city over this dumb piece of property on the outside. He asked if anyone from ECARD grew up in Edgewater and if they have lived in the City over 20 or 40 years. How dare these people come into the City for those of them that grew up here and tell them how to run the City, how they should buy property or not buy property, and what they should and should not develop. He doesn't think they have the right to do that. They say the people have spoken. The last he knew he thought the City had a population of 22,000. Ten percent is the people? It's not even a start. He is going to make it a personal object to see if they can get the percentage rate raised to majority so it takes more. If the people would take 10% of the time they waste on something this frivolous, think of what they could do for the good of this City and what they could bring in. Dot Carlson, 1714 Edgewater Drive, stated her ancestors got here in the 1800's. She lived in Seminole County in Sanford. She has been here twenty years plus. It is a Page 26 of 28 Council Regular Meeting September 24, 2007 o u nice place to live. She grew up in Seminole County. She won't live there anymore. They used to have bears in their backyard. This is a nice town and it still is and it can be. They can grow at a rate they can afford. Not at the rate of masses. She told them to give it their best shot. She has had it all. She has had the lies, deceptions, name-calling and she can take more. Councilwoman Rogers informed the people that there is a forum tomorrow at the FOP building on Mission Road at 7:00 p.m. Mayor Thomas asked if it was open to the public. Chief Taves stated it is to meet the candidates. Mayor Thomas stated he doesn't know if it is open to the public. Officer Blazi informed him it was not open to the public and was only for the membership. There was a brief discussion regarding this meeting not being open to the public. Gigi Bennington, 121 Virginia Street, stated the Chamber of Commerce is going to be having a candidates forum to on October 30th. She knows of two right now. Mayor Thomas asked if the forum on the 3rd at the Fire Hall was open to the public. Ms. Bennington informed him yes. City Manager Williams recalled back on May 30, 2007 he drafted a memo to Council based off of experiences and conduct being displayed at the Council meetings specifically relating to Res. 94-R-01, Section 5 - Rules of Debate and Section 6 - Addressing the Council. He informed the Council he could post it on the website just as a reminder for the citizens that wish to come and make presentations before the Council as a refresher and reminder that they do have a resolution in place that outlines the conduct that they should follow. Mayor Thomas asked City Manager Williams if they want to talk they should sign in and put down their topic. City Manager Williams explained it addresses how to address the Council and what manner they are to conduct themselves. It is outlined in the resolution. It does not require any signing in or anything of that nature. Page 27 of28 Council Regular Meeting September 24, 2007 o u Councilwoman Rhodes doesn't feel it is going to stop any name-calling. Mayor Thomas stated you have a freedom of speech in the United States of America. He tries to control that but when somebody already blurts something out it makes it hard. He tries to handle it the best he can. Councilwoman Lichter stated you have freedom of speech but you can't yell fire in a theater if there is no fire. You have freedom of speech up to a point. To be called a Nazi to her is the most insulting thing in the world. Councilwoman Rogers stated she could top that. Councilwoman Lichter stated she wonders how far she could take that with that man. She started this meeting by asking if they could have a little decency and they are called Nazi's. He moved here and he ought to move away from here if he really doesn't like it. That is how she has felt since day one. The worse City to live in. The worst place to be. Then get the hell out of here. 12 . ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting. The meeting adjourned at 10:07 p.m. Minutes submitted by: Lisa Bloomer Page 28 of 28 Council Regular Meeting September 24, 2007