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08-13-1991 - Special/Workshop I .. "",' /' '\ (\ '~ t' ',-,,' CITY COUNCIL OF EDGEWATER SPECIAL MEETING/WORKSHOP AUGUST 1 3 , 1 991 Mayor Wessler called the Special Meeting/Workshop to order at 7:00 P.M. in the Edgewater Public Library, for the purpose of review and possible action on the Housing Element of the Edgewater Comprehensive Plan and discussion and action on supplement legal counsel on issues regarding Meadow Lake. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Mayor Wessler turned the floor over to Councilperson Gillespie. Councilperson Gillespie commented that the staff has done an excellent job on their response, however there are a few items she wanted to go over with the Council: Page 1 - Most of the information was from the 1980 census; can staff go through and change the figures to bring them up to 1990. Mr. Mark Karet, City Planner, stated we don't have all the 1990 census data. Much of this detail data won't be available until 1992, however, the figures that we have can be included. Page 2 - Year-round housing units...10X of the City's residents are mobile homes. This is the actual correct figure. Mr. Karet explained that this is saying there was a decrease in the latter part of the 80's in the absorption and/or provision of mobile home units. Councilperson Gillespie asked what our seasonal population is? Mr. Karet stated 15%, beginning with the 1980 census figures and estimates from the building department's recorded housing units. Page 3 - They are giving a percentage of overcrowding homes based on their factor for overcrowding. Mr. Karet stated factor. the factor for overcrowding was a census ,/',,\ '-' o Councilperson Gillespie asked if the same goes for five (5) with the price range of homes and what are percentages of owner occupied and rental; this will be data we will get in 1992? I~r. Karet answered this is correct. We have come up with figures with help from realtors based on vacancies ratings, etc. Page 6 Gross rents and household percentages; available through realtors? would also be Mr. Karet stated this is usually not available through the realtors; multi-family information is harder to obtain, we have to contact each of them. At the time that we will be preparing estimates, we handle this in-house. Page 7 - The 235's and 285's were built in the later 60's; was this taken into consideration when they are talking about low- income housing and the percentage to the community? Mr. Karet answered that he was not sure this was incorporated. Councilperson Gillespie asked if the mobile home parks that were built and don't show up on Table 11 will be added in. Mr. Karet answered yes. Councilperson Gillespie are underway with the portion. stated that with the help of Mr. Munoz we correction of the historical structure Page 9 Interesting area of the City, the southwest section where the Florida Shores Subdivision is located... Councilperson Gillespie stated that Florida Shores is not a subdivision and she would appreciate it if reference thereto is removed. Mr. Karet answered that it has never been addressed to him that Florida Shores is not a subdivision. In accordance with Florida Statutes Florida Shores is a subdivision, what it is not is a development in which the infrastructure has been put in place by a developer. Councilperson Gillespie referenced in a technical commented that as long as this term she has no problem with it. is Page 10 - The housing-mix is declining. She does not agree it is declining, nor does she feel we have a problem with urban sprawl. Councilperson Gillespie asked Mr. Karet to explain where some of the areas are located, page 11. Mr. Karet said this was referenced by the consultant. His understanding is that they included Edgewater Landing, at the time, as vacant so there are some discrepancies in the land areas. He added that process of amending will be gone through. At this time Mr. Karet went over the immediate time table: on August 19th they are asking Council to review the settlement agreement with D.C.A., if Council should decide to execute this agreement, it will be sent to the secretary of D.C.A. for his execution. Once both parties have executed the document, the City will then have sixty (60) days to transmit changes to our comp plans. Those changes would be the ones that have been outlined in Exhibit A and Exhibit B, most specifically. D.C.A. will then provide us with their objections, recommendations and comments. We will then have sixty (60) days to actually adopt the amendments to the comprehensive plan. D.C.A. will then review those adoptions and issue within forty-five (45) days their notice of intent to either find this in compliance or not. In terms of making any changes, staff would prefer to wait and see what changes D.C.A. recommends. 2 Council Special Meeting August 13, 1991 r-\ "- ~, \,,-,,' Page 13 Congregate facilities. Councilperson for the start of this. living and Gillespie adult congregate living expressed her appreciation Mr. Karet added this is just a start. There is a need for this, and we need to be careful not to place any barriers when handling this. Page 15 - The way Florida Shores lots were sold may hinder our build-out. This is a good point. Page 16 - Density bonuses on a contingency basis. Mr. Karet stated that density bonuses within good strategy for encouraging development, not be appropriate. You may have problems developments in well established patterns of Florida Shores are a however, this would meshing high density development. Page 17 - Sites for group homes. Councilperson Gillespie asked if we have addressed anything on group homes or A.C.L.U.'s or any of the different types of housing in our code book at this time? Mr. Karet stated there are currently proposals in the proposed land development regulations that will implement policies in regards to group homes. The state has taken action to pass legislation that defines community residential homes; houses which have less than seven (7) residents. We presently go by H.R.S. Chapter 401. Page 20 Group homes for the disabled. Councilperson Gillespie a section on handicapped housing. us to set up a task force to work asked for Mr. Karet's input committee. developmentally and physically stated later on there is also This is a need and has caused on something like this. She for Council concerning this Mr. Karet commented Council. this would be up to the discretion of Councilperson Gillespie informed that she spoke with Urban Ministries and United Way regarding assistance in housing. She said we should be working harder with the County on this, to encourage modern housing in our community. Mr. Karet pointed out the most successes in this area are from communities where well organized neighborhoods get involved. Page 23 - Accessory apartments. This is an excellent idea, we should be sure our codes and ordinances are addressing this type facility. This is a good way to encourage the care of the elderly within the circle of their families. Mr. Karet established added this may not fit in with the particular neighborhood design, but he agrees with the concept. Councilperson Martin commented this should be accepted if the land is available so they can comply with the setbacks, etc. Page 24 Shared housing program. the state program. This would be addressed under Page 25 but will - Volunteer it work? credit program. This looks great on paper, Mr. Karet effort. answered this would also require community based 3 Council Special Meeting August 13, 1991 "-...,, '..,....., .~ ',,-,i Page 26 - Housing for the handicapped. Adequate housing for low and moderate income. We have already touched on. Page 27 - Creation of a County authority Housing finance authority. There is a County sub committee, Operation Bootstrap. The housing development grant program and modular housing task force. This is something we haven't done anything about; should there be a committee set up by the Council? Mr. Karet said this should before, involving interested necessary expertise. be done the same as he spoke of community members, with the Page 28 Private sector housing delivery process - removing impediments. This is what Chief Vola has been working with the contractors on. Mr. Karet said this is discussing stream-lining the process. Page 29 - Land development regulations. land regulation. This is a new revised Councilperson Gillespie asked about Chapter 18, addressing mobile home developments? Mr. Karet answered Council. this will be coming up for adoption by Councilperson Gillespie inffrmed the public the County already has regulations in place f r wildlife studies. We don't address an acreage for future de elopment for wildlife, although we mention land retention, land salvation, etc. Mr. Karet explained there ~re other elements of a comp plan that would specifically address wildlife studies and other elements of I the natural environment. Councilperson Gillespie asked if Mr. Karet feels we are matching our comprehensive plan with that of the County? Mr. Karet answered to some extent certain areas where the City coordination. He would prefer to match. he believes we are. There are and the County may not be in use the term "mesh" opposed to Councilman Hays asked where the lines are drawn in relation to affordable and low-income. Is a modular home an affordable home or a low-income home, or does it depend on its cost? Mr. Karet explained generally there is an established definition on what low-income is, based on the medium income of an area. Housing that is priced so that individuals who meet the low income requirements and do not have to pay more than 35X of their monthly income towards their housing expenses is considered a low income family. Housing that is simply affordable to other individuals, whether it be modular or what, this is hard to define. He went on to explain criteria by which plans must be prepared which requires adequate sites for mobile homes be provided. Councilman Hays asked if the modular home or affordable home is based on the income of the individual, rather than the price of the home? Mr. Karet answered this is correct; affordable homes are based on the individual's income. 4 Council Special Meeting August 13, 1991 {\, \.,~/ Councilman Hays reiterated that Mr. Karet has referred to the modular homes which were part of the proposed annexation that has been recently discussed as affordable housing. However, with this explanation, if you compare the dollar amount to those houses in Florida Shares, wouldn't mast of the houses in Florida Shares be called affordable housing? Mr. Karet agreed, if you look at the price of the average home which is about $65,000.00 within the City. The developers of the proposed golf course had those homes an the market far about $70,000.00 or $75,000.00. Looking at golf course communities, that was going to be one of the mast affordable communities of that type in the State. Councilman Hays added, this is far an example. to address is law income housing? Now another issue Mr. Karet explained what the housing element invisions is a range of housing that is available to all incomes. Councilman Janes stated he wants to get this have the D.C.A. 's input. The City's position policies a reality far the community. This interrupt anyone's life style. submitted sa we can is to make these is not intended to Councilperson Martin asked if there is a maximum as to haw many manufactured/mobile homes could be within the City and haven't we already reached that number? There is a certain number we have to have, but we don't have to have mare than that number. Mr. Karet stated there The only limit would comprehensive plan. is no strict obligational requirement. be one self imposed through the City's awn Attorney Clayton asked a question regarding agreement. the settlement Mr. Karet reiterated the current status of this procedure. The settlement agreement contains language that requires the City to adapt the housing element. Once this is adapted, they will continue their review and indicate to us whether our responses are satisfactory. There being no further ~<aret . questions, Mayor Wessler thanked Mr. Mayor Wessler introduced the next item far discussion was concerning a letter received from Mr. Perry Barrett regarding Meadow Lake. She read the last paragraph into the record: "At present your actions are damaging my reputation, personal health and business livelihood. I believe that the series of actions you have been involved in against me that began last September are politically motivated and a denial of my civil rights. I want to put you an notice that you may personally be held accountable far your actions." Mayor Wessler informed the Council that when Mr. Karet received this letter he came to her expressing his feelings far the need of legal representation to guide him. She explained this is totally separate from the agreement made last week about a mediator between Meadow Lake and Mr. Barrett, this has to do with legal action against the City. Councilman Hays determined that against Mr. Karet or the City, assumption. no legal action has been taken therefore this is all based an Mayor Wessler answered this is based an what is in this letter. 5 Council Special Meeting August 13,1991 ,"'''-\ "- ~I "-" Mr. Karet answered that a written reply should be made to Mr. Barrett and we need legal guidance with regards to the liability of our actions. He added that we have been functioning without legal guidance on this issue, the reason being, we were advised by the Mayor that she was told that Mr. Barrett was advised by our legal counsel to sue the City in this issue. He added that for two reasons, he believes the Mayor. One, she is the Mayor and one of the principal representives of my employer. Two, cooperation from Mr. Barrett was proceeding in a cooperative manner up until that point. We have not had cooperation from Mr. Barrett in taking care of problems which he agreed to take care of as a result of the settlement of legal action brought against him with the direction by prior legal counsel. Councilman Hays stated this is a matter believe, however, in fairness to Mrs. response from her regarding this. of whom and what you Clayton, he would like a Attorney Clayton stated that she has informed the members of the Council of the conversation, which took place during the City picnic at Whistle Stop Park. It was a conversation which summarized what the choices of any constituent in the City has when faced with issues. One of the three alternatives is to sue the City. It was not the advice given, it was one of the choices. She added she does not want to get in the middle of something which could be a conflict over what has been said. Councilperson Gillespie asked if there is a need to go for outside legal counsel until such time there is actually a suit entered into against the City? She pointed out that Mr. Karet is protected as an employee of the City. She also asked if, in the event a suit is filed against the City, could the City ask for a continuance until the new attorney comes on board? Attorney Clayton stated that she had this conversation with Mr. Munoz; she explained the standard procedure for determining whether or not the City is responsible to provide separate legal counsel, is when there are allegations that someone is acting outside the scope of their employment. Those issues can become very expensive and complex. She requested a copy of the contract or regulations governing the appointment of defense counsel paid for by the self insurance fund for the City and what you did in events of conflict. The only time the self-insurance fund becomes responsible for representing an employee is when you have allegations of the employee operating outside of his scope. It is also an alternative that as a rule has been provided for in your regulations governing your self-insurance fund. Ordinarily they will provide that the self-insurance fund will not only provide defense for the City, but for its employees until such time the conflict is identified. The City's regulations do not reach this; however, you do have a specific regulation spelled out in ordinance form. This is that the City Attorney governs all of these matters. Attorney Clayton added she does not want to advise the Council whether Mark needs representation. Her advice could be in jeopardy of conflicting with the other client, Barrett. She previously explained to Fred that the City needs to do its homework and analyze what the allegations were, gathering together its data and arial photographs, etc. Based upon this, the Council will make determination as to whether to spend City funds for another attorney to represent individuals. She does not feel the City wants to get into a situation where it is being represented by one attorney and its employee is represented by another attorney. 6 Council Special Meeting August 13, 1991 - I ' (~ '-' .......,,--- Mr. Karet interjected that perhaps Mrs. Clayton is getting beyond where this request is going. The discussion with Mr. Munoz and Mr. Castle, City Engineer, was not a request for separate legal counsel to defend them in a law suit. Staff's intention is the enforcement and hopefully successful conclusion of the situation with an attorney that there is at least no appearance of any conflict. It is not the suggestion that any insurance funds be tapped to prepare for legal defense. We have gathered all the information and reviewed our situation and we are confident that our actions have been proper and appropriate. Given the previous indications made by Mrs. Clayton that there might be some liability that is potentially significant to the City, we would simply like to discuss our position with counsel. Councilperson Martin suggested that, since time is not of the essense, a portfolio should be prepared and given to our new attorney. Mayor Wessler commented that the Meadow Lake residents have the flooding in their development, there is still over a month before our new attorney comes aboard. What should we do if they get so much more flooding? Councilman Hays informed the Council that he and some of the City staff have been looking towards some solutions to this problem. He would like to see us try to solve these matters without litigation. He explained a culvert at the west end at the back of Whistle Stop was opened and the drainage started North which alleviated some of the problem. Other culverts are being installed by City crews which will also help. Mr. Karet explained that no one on staff is suggesting litigation. However, staff could take action that could expose the City to liability. He went into the possibility of actually going onto the property and making the corrections that the City Engineer deems necessary. Also having to place a lien on the property owner to collect, which is definitely something you need legal counsel on. Councilman Hays asked Mr. Karet if he does not feel comfortable having any type of discussion about this area with Mrs. Clayton? Mr. Karet stated he fully believes there's a conflict due to the fact that there was cooperation from Mr. Barrett until around the same time that conversation supposedly took place. This may have all happened the way Mrs. Clayton has said, however, because of potential liability for the City, staff does not want to take the chance. Mayor Wessler informed that a few days after she was sworn into office, there was a meeting with Jose' Alvarez, Gates Castle, Elly Johnson and Mark Karet. There was going to be a law suit; they worked something out with Mr. Barrett so that he would fix the problems back on Roberts Road. He agreed and worked on it. On the date of the picnic, she was invited by Mrs. Clayton to Mr. Barrett's house for dinner. The only people in the room during the discussion were Mrs. Clayton, Mr. Barrett and herself. If the other two options were discussed it was not in the Mayor's presence, because when Mrs. Clayton said you should sue the City, the Mayor e}(ited. She added she took an oath to provide the best Council for the City and to hear someone tell somebody to sue the City is not part of it. She also stated she resents the implication that maybe she is not believed on this. Councilman Hays stated that he basically we have a judgement call resolve all of this. is on a fact-finding mission; to make. He would like to 7 Council Special Meeting Aug 13, 1991 """"" I ' '- ---\ ( "' ""v' Mr. Karet stated that whomever you believe is irrelevant. The possible significant liability for the City or individuals personally,is why we feel we should have legal counsel who we have complete faith in. Mayor Wessler wanted to fill the Council in on something that was told to her and Mr. Munoz; someone from the Meadow Lake development told them that Mr. Barrett drove up to the ditch on 28th Street with a truck load of children, unloaded those children, had them jumping in the ditch and took pictures. Last week we received those pictures; now what if a child got hurt in there? A man from the audience refused to give the names of the neighbors but he said they saw him placing the children around the ditch and taking the pictures. He also asked if some quick action could be taken to take care of their problems; he spoke of flood insurance being taken out by a lot of them. He added that he does not believe this man should be allowed to continue to put down the department heads, everybody is trying to do a good job. Councilman Jones stated it is unfortunate that Mr. Barrett continues to be a problem, the City's posture has been to cooperate. Mr. Barrett said he was going to take care of the problem; he should be a man of his word and do it. He agrees that Mr. Karet has a problem and the City has a problem. The best way to keep out of litigation is to prevent it. We need to get the best legal counsel to keep us advised of how to keep out of litigation. He added that we would not be in this position if the City Attorney that we hired had not dealt with Mr. Barrett in the first place. It is understandable that she does not want to get involved with this. The flooding is a problem and something needs to be done. We need to do something now. Councilman Hays stated this is not a unique problem with all the rain we have had. He agreed that Mr. Barrett is partially responsible for problems, but it does not all rest there. The City allowed the road to be built there. He suggested getting the parties together and work out a solution. He feels it is pre- mature to go out and hire another attorney. Councilman Jones reiterated his feelings that the City should be keeping themselves prepared. If we don't and there is a law suit and we lose, then we will be responsible for a lot more. We should try to get this worked out in the meantime, but we need to be prepared. Mayor Wessler pointed out that obviously Mr. Barrett is preparing because he has had a court reporter attend all our meetings when this is being discussed. Councilperson Martin asked why all the parties don't get together and try to work these problems out before talking law suit? Mayor Wessler explained there was a meeting November 29th, which is when the City agreed to drop the law suit against Mr. Barrett and he agreed to fi)( the problem. She reminded the Council that the City Engineer, Gates Castle, is adamant that this is not the City's responsibility. Acting City Manager, Fred Munoz, pointed out to Council that actually you would not be hiring another attorney, basically you would be substituting the $165.00 that we would pay Mrs. Clayton for legal advice to another attorney. In other words you would not be paying twice. Councilperson calling D.C.A. Gillespie reminded for a mediator. the Council of her idea of 8 Council Special Meeting August 13, 1991 I.......... ......... > \ 'J . J . . . ".-.1'" Attorney Clayton stated the Council should analyze what a lawyer is going to do for them. Do you have a question of law, of fact or a question of law and fact? The issue needs to be separated out; is this the matter of facts as stated by one party, or the facts that are stated by another party that have been verified. This is what she means by doing your homework. Under the circum- stances if you hire a lawyer, he is going to say; assuming that the facts are true, this is the law. She suggested that Krista review the correspondence on an advanced basis and tell you what you need to do. A man from the audience spoke that the trouble started after Mr. Barrett filled in the canal which belongs to them. This is land that is not to be built on and it does not belong to Mr. Barrett. He complained further about the flooding conditions. Councilman Hays explained that the flooding is not unique in this one area of the City. There were other outbursts from the audience and Councilman Hays asked for a brief recess. Mayor Wessler called a recess. Reconvene Mayor Wessler stated there doesn't need to be further discussion, we need to decide whether we are going to get suplemental legal counsel for Mr. Karet. Councilperson Gillespie moved that we overnight the entire packet on this problem to our coming on-board City Attorney Krista Storey. Councilman Hays seconded the motion. Upon roll call the motion CARRIED 5-0. Councilperson Martin seconded the motion. moved to adjourn. Councilperson Gillespie Meeting adjourned 8:40 P.M. Minutes submitted by: Debbie Sigler :w_~___ _~_ --~- -~- -~- -~ ATTF~~h : ~I-Zk~-____u___ Approved this _j~___day of _~___, 1991. (\ \ ~~~ MAY~;----~ 9 Council Special Meeting August 13, 1991