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04-15-2002 - Regular '-' '""'-' . CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 15, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter city Manager Kenneth Hooper City Clerk Susan Wadsworth City Attorney Scott Cookson Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS I PROCLAMATIONS IPLAQUES ICERTIFICATES I DONATIO NS A. Mike Pattillo. Ernst & Younq. to present CAFR for fiscal year ended September 30. 2001 Mike Pattillo, Ernst & Young, went over the Comprehensive Annual Financial Report and Financial Overview for FY 2000/2001. Councilman Vincenzi asked so overall how does the City look. Mr. Pattillo stated he would focus on the unreserved fund balance in the general fund. They are also talking about establishing a separate fund called a Capital Projects fund to use for the debt money that the City brings in will go into that specific fund. Mr. Pattillo feels there is no recommended level of an unreserved fund balance but from what he has seen it would be somewhere in the area of 15 to 20% of the City's operating budget. Councilwoman Rhodes stated it is defined in our Charter. City Manager Hooper stated he thought it was 15 to 25%. Councilwoman Rhodes asked where the City is at. Mr. Pattillo stated the City is about 9.78%. city Manager Hooper explained what has occurred. The City is very close to 19 or 20% today after they have done the reimbursements that they had back in place. Mayor Schmidt asked where the impact fee money from Police and Fire end up. City Manager Hooper stated it ends up in a separate fund that is tracked for capital expenditures for Police and Fire. CITIZEN COMMENTS Dominic Capria, 606 Topside Circle, said it was stated by Mr. Pattillo that $376,000 under approved budget, which he feels is very good. To him that is suggesting that possibly with the new taxes coming in and the $276,000 they might be looking forward to a millage rate drop, he hopes. ~ ...., . Doug Davis, 238 Quay Assisi, New Symrna Beach, News Journal Corporation, introduced people that were present from area newspapers. He received a call from Code Enforcement stating they had to remove all of their news racks from any visible location within the city. Their concern is obvious in the fact that they feel they have a First Amendment right and they have a protection by the First Amendment to have their news racks being in the community and being visible within the community. He also feels it is a convenience issue for the residents of Edgewater. They sell about 1,000 newspapers a week in this community. He spoke about a business not having the space to have an accommodation for the newsstand inside their business. They have worked with the City of New Smyrna Beach where they volunteer to be the point person for the City and to work with them to address any concerns they may have. Their desire is to not create a safety hazard or have racks that do not look well maintained or that are not good in their appearance. They would like to work out a solution. They were not notified prior to the ordinance being passed. They feel this is something they can not comply with and to ask the Council for help to work out a solution to resolving it. City Manager Hooper informed the Council this was approved in the Land Development Code update. He feels they are in agreement they would like to meet and talk of what to do. This started as a means to help clean up. He spoke about there being a large number located by Eckerds. city Manager Hooper spoke about Code Enforcement looking at SR 442 and the commercial areas. They would be glad to meet and talk and see how they can make this work better. Mr. Davis said they want to work with the City in every way possible. city Manager Hooper stated he would speak to Code Enforcement and get with Mr. Davis tomorrow and they will set that up. Councilwoman Lichter asked if in the widening of SR 442, will those stands be taken out. City Manager Hooper stated they will move the stands back 20 feet. He further explained the goal is to do an overlay zoning to protect u.S. #1, SR 442 and Park Avenue. Mayor Schmidt spoke about the curb and sidewalk that will be on SR 442 and the stands being useless there because people won't be able to pull up to them. Patty Morgan, 171 Slash pine Court, New Smyrna Beach, stated she is the publisher and owner of Homes and Land of New Smyrna Beach, Edgewater and Oak Hill. She would like to be the liaison between the free publication if that would be alright. She has a personal interest in making sure those racks stay out. She agrees SR 442 is an eyesore. They instruct their distributors to make sure if there is an unsightly rack and trash around, to clean it up. City Manager Hooper asked Ms. Morgan to give her name and telephone number to city Clerk Wadsworth. Councilwoman Lichter spoke about trying to contact the owner of that property in the past to ask him to clean up that spot and not being able to get a hold of him. city Manager Hooper stated there are several small spots throughout the City where that has occurred. Ms. Morgan stated in regards to the First Amendment right, if you allow a paid publication like a newspaper, she has a Supreme Court case where you also have to allow free publications. Councilman Vincenzi stated he doesn't see where the First Amendment comes in with this at all. It has to do with selling or giving away papers and information. Page -2- Council Regular Meeting April 15, 2002 ~ ~ Mayor Schmidt stated the publix Shopping Center and the Post Office have a community set of boxes. He asked who owns those boxes. City Manager Hooper wasn't sure and stated that is something they are going to look into. Mr. Davis stated they are all owned by the News Journal Corporation and they provide those at no charge to their other newspapers publications. Mayor Schmidt feels that is a good system and a good convenience. Mr. Davis stated they can discuss that too. Dick Jones, 1530 Sabal Palm Drive, stated he was very happy to hear City Manager Hooper say something about Eckerds because the eyesore they had at that corner and Eckerds kind of cleaned it up. He doesn't see this as being a First Amendment right violation. They are talking about a form of distribution. CITY COUNCIL REPORTS Councilwoman Rhodes stated she was glad to see the real estate signs were cleaned up. Councilwoman Rhodes stated she was glad to see the Community Services update. She thinks there needs to be some way that this is made public. She stated these are all the Code Enforcement check ups and results of things that have been brought forth in Council meetings and other places. She would like these made available to the public. City Manager Hooper stated they could put them here or there is also a place in City Hall as well as the Code Enforcement office. Councilman Vincenzi feels the names and addresses should be deleted. City Manager Hooper stated it is all public. Councilman Vincenzi feels the people that own the properties would have a problem with it. Councilwoman Rhodes suggested just listing the address. City Manager Hoper stated they would work on it. City Attorney Cookson feels the Underline Report is a public record. They could put the summary in whatever form they want. It would be Council's direction to City Staff as to how they think that report ought to be formatted. Councilwoman Rhodes suggested they try it this way and if there is a problem with it they can revamp it. Mayor Schmidt suggested using a block number and street. Councilwoman Rhodes also agreed to use the block number and street. She wants the information available to everyone that has Code Enforcement issues. Councilwoman Lichter updated the Council on CleanScene Day. She thanked George Ann Keller and her husband Jerry, Darren Lear for the maps, and the newspapers for their coverage. She feels it was successful and that the City is cleaner than it was a year ago. Councilwoman Lichter spoke about the latest letter they received from DOT in response to a letter sent to them from the City regarding the speed limit on U.S. #1 having language that is the exact same type of refusal to letters sent in the past. Councilwoman Lichter spoke about the need for street lighting on U.S. #1. The County and the State do not feel lighting is warranted, however if Edgewater wants to pay for it they will give us the permit. Councilwoman Lichter stated she would like to know the status of the Stormwater Management Master Plan - Phase I. She is getting calls from businesses that are swimming when we have heavy rain. Page -3- Council Regular Meeting April 15, 2002 "'-' ...., City Manager Hooper stated the design and survey work has been done. They are to a point when the improvements are listed, prioritized and their problem is a funding mechanism. We don't have one at this point. They have looked at a few grant opportunities and made application. Councilwoman Lichter spoke about the Anniversary she attended at the Edgewater Union Church. Councilwoman Lichter stated three of them went to the Sanford Airport to meet with Congressman John Mica to discuss what is going to happen about the traffic on 1-4 and the possibility and definiteness if they can all agree on widening SR 415 and that is where SR 442 will possibly kick in as a feeder. Mayor Schmidt asked Police Chief Ignasiak if they can start gathering some information by putting the speed machine out in the Roberts Road area, u.S. #1 area, and Indian River Blvd. area to get some speed analysis. He spoke about a workshop that will be held after the MPO meeting this month on transportation issues and that is where he will bring this up again. He isn't going to let the lighting or the speed limit die because there are too many possibilities for accidents and injuries. Police Chief Ignasiak stated they had the cart out in front of Edgewater Landing this morning. He commented on last year when they first did their counts out there. The traffic was as high as it was on Indian River Blvd. Mayor Schmidt commented on their meeting with Congressman Mica. He was there to give them information on how the process works and how they can tap into some of the money he has available. The biggest thing he stressed was cooperation between all the parties involved. He needs to see big support from the MPO and all the areas that will be affected by feeder roads and the widening of SR 415 and anything that has to do with that general area. They know they have the support they need it is just a matter of getting resolutions in place, written as strong as they can. He then commented on how the process works. Mayor Schmidt reminded everyone about Saturday night at the Ball Park. It is Edgewater night. Parks and Recreation has tickets for $1. This will be at the Jackie Robinson Ball Park in Daytona. Mayor Schmidt further explained one of the things mentioned by Congressman Mica when he was talking about feeder roads. The roads have to connect to somewhere. He mentioned they should connect to 1-95. That was great news because when you want to connect it to 1-95, that calls for SR 442 to come over. Councilman Brown commented on how beautiful U.S. #1 is starting to look. The medians by the cemetery are just about completed. Our City is really starting to shine. Councilman Brown stated he had two compliments from citizens to the Police Department. They were stopped, got tickets but were still satisfied with the way they were treated and the professionalism. Councilman Vincenzi commented on CleanScene Day. He thinks that is a great effort that Ms. Keller and Councilwoman Lichter supported and organized. He still feels the City needs to get more involved in that. Page -4- Council Regular Meeting April 15, 2002 '-' .."" Councilman Vincenzi spoke about complaints he received about contractors that are building houses and clearing lots and leaving the roads very messy. He would like to know if something can be done about that. He received a lot of complaints this past week on Fern Palm Drive. City Manager Hooper agreed to find where there are problem areas and go from there. Councilman Vincenzi feel something needs to be said to everybody. Councilwoman Rhodes suggested using the permitting process. Councilwoman Rhodes stated today she was going down Indian River Blvd. and one of the trucks being used for the road widening was full of dirt and the dirt was flying off the truck. She asked City Manager Hooper to mention to those people to put some type of tarp over the dirt. City Manager Hooper stated they are supposed to have that and agreed to let them know. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2002-0-04. repealinq Article II (Noise) of Chapter 10 (Health and Sanitation) in its entiretv and adoptinq a new Article II (Noise) City Manager Hooper made a staff presentation regarding the changes made to Ord. 2002-0-04. City Attorney Cookson read Ord. 2002-0-04 into the record. Councilwoman Lichter stated a comment was made by Mary Hansen that some of this is not enforceable. She asked City Attorney Cookson's opinion on that. He went over the provisions she discussed with City Manager Hooper and Legal Assistant Matusick and it is his opinion that almost any of the language in those provisions could be argued which way is better that this ordinance in its entirety is enforceable. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2002-0-04, second by Councilwoman Lichter. The motion CARRIED 5-0. B. 2nd Readinq. Ord. No. 2002-0-05. amendinq Article III (Permitted. Conditional. Accessorv and Prohibited Uses) Section 21-37 (Special Activitv/Permit Requirements) of the Land Development Code city Manager Hooper made a staff presentation with regard to changes made to Ord. 2002-0-05. He made mention of a comment he received from Doris Hill since the last draft was mailed out. City Attorney Cookson felt the word shall doesn't refer to the granting of the special activity permit. The word shall refers to the time periods. City Attorney Cookson read Ord. 2002-0-05 into the record. Councilwoman Rhodes stated under the charitable event activity definition mention is made that all profits, net difference of gross revenues less expenses, must be given to the charity and questioned how that is enforceable. How can you guarantee that that occurs and if you can't enforce that why have it in the Code. City Manager Hooper stated the guarantee part is they are going to present the Council data that says, this is the event, this is the charitable organization and here is the follow up that says I earned this amount and this is my expenses. It's as close as you are going to get in asking for that financial information short of it being an audited function, you are relying on the data being provided being in truthful format. Page -5- Council Regular Meeting April 15, 200 ...,. ..."" City Manager Hooper stated Mary Hansen pointed out that on some of the events, it's not only the charitable event that gets some of the proceeds, it can be an individual if an individual is sponsoring it. He feels that is still covered in this definition. City Attorney Cookson explained they tried subjectivity that the Council might have. get something the Council could look at to the requirements or doesn't. to remove the They were hoping to determine if it meets Councilwoman Rhodes feels individual should also be included in the definition. City Attorney Cookson stated Councilman Vincenzi mentioned the importance of the City to require that the permit be from the place and not from the individual or group sponsoring it to prevent five or six charities all holding their event at the same place but because it is under a different organization that the City be consistent in insisting that is the place or location that applies for the permit. They could address that, put it explicitly in there or just through practice of doing it the same way. He hasn't spoken to City Manager Hooper about that. Councilman Vincenzi feels that needs to be spelled out. Mayor Schmidt would rather see it in writing. When a motion is made, they could amend it to have that language put in. Councilman Vincenzi feels this is important and has to be worded properly. Councilwoman Lichter stated she sees it in an amendment. She feels their intent should be made clear to City Attorney Cookson and that the insert it as an amendment. Councilman Vincenzi feels it shouldn't be passed pending a modification. Mayor Schmidt opened the public hearing. Doris Hill, 112 Lincoln Road, stated her concern is that the Council is going to be the judge and jury. Before it went to staff and the public had no input and if they met all the requirements it was permitted. Now they have to come to Council after the Police, Fire and Code Enforcement signs off. She thinks that whether or not they approve it, they should be approving the entertainment, the type of entertainment, the type of music they are going to have and listening to the wishes of the people around there. Councilman Vincenzi spoke about one of the reasons they are changing this around so it comes before the Council. There is nothing that says they have to approve it if there is problems with previous events. City Manager Hooper stated especially if they violated the last permit. If you have given them a permit and they have fallen down on those reasons, those become clear and easy reasons. Councilwoman Rhodes stated we can't just say no if they have followed all the guidelines the Council has set. Ms. Hill stated what about the input from the people who live within 500 feet and what about the different kinds of outdoor entertainment they might want to have. Councilwoman Lichter stated they have certain decency codes. Ms. Hill doesn't feel the Council should be the judge of that. Whenever they have come before this body before they have always been permitted. She feels if the Council passes it this way, there is no telling what they will end up with. Page -6- Council Regular Meeting April 15, 2002 '-' ...." city Manager Hooper stated with the noise ordinance coordinated with this, that is what they are eliminating. You can't get into the issue of saying I like rock-n-roll but I don't like jazz. Ms. Hill feels they are opening a keg of worms. She stated they talked about the ambiguities before. There was nothing wrong before but she feels they are leaving it wide open again. If the Council would change the word shall to may she would feel better. City Attorney Cookson stated if the sentence read a special activity shall be permitted only at the following times and days, he feels that would work. Councilman Brown suggested using can be permitted. He feels it is up to them to decide on shall. City Attorney Cookson stated they aren't talking about discretion, they are talking about the times. Councilman Vincenzi stated the intent of it is to outline a time frame during which they can have outdoor entertainment and amplified sound. He liked City Attorney Cookson's suggestion. Ms. Hill feels it would be much easier to just say may. Councilwoman Rhodes feels then you are leaving it open to be other times other than 9 p.m. City Attorney Cookson referred to Section 2 where it talks about the number of special activities. That sentence will read the number of special activities at any given location or address shall not exceed. If they are holding it at that event and they have already exceeded their number, that location can't hold another one. Mayor Schmidt stated Ms. Hill was talking about what they are able to permit. Not so much what kind of music but what functions and different things like that. He feels this is going to allow them to start developing a track record that if consistently there is nudity or something like that, thye address that at the time, if there is a point when they know the traffic on the last two events has been heavy, they would require a few more officers. Ms. Hill stated she is only asking that it be put in the Council's hands. Councilwoman Lichter referred to section 7 under special Activity Permit criteria opens up to letting them add other conditions to protect the health, safety and welfare. That is open ended. City Attorney Cookson stated that is where they go if they have someone who violates it the first time, if they impose stricter conditions on them the next time. Wolfgang Unger, 1820 Kumquat Drive, stated he is becoming concerned that if they have to try and be that responsible government means they give the broadest, widest, net possible to cover every possible situation, that makes their job easier. That might be true but when he hears the comments and what the Council has talked about, it seems to him that the concern is about these big events. He referred to Page 3-28 where it says any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on-site parking, seating or sanitary facilities. He feels the parking is going to the hurtful one. He spoke about Home Bible Studies, kids' birthday parties, elderly people's bridge games and garage sales. All of those things fall under that. Page -7- Council Regular Meeting April 15, 2002 '-' ...."" Councilwoman Rhodes stated what they are saying is if you want to have a Home Bible study for 400 people in your house, you better provide parking for them. The same goes across the board for everything. They aren't saying don't have those events. What they are saying is to provide the facilities to have those events. Mr. Unger stated he understands that but this is so broadly worded. He feels this law could create headaches for all sorts of people and it doesn't need to be so broad stroked. Councilwoman Rhodes stated this is the letter of the law for special activities. What Mr. Unger is talking about, he wouldn't need a special activity permit for a Bible study. He feels in the special activity clause where it defines it, by the way it is defined he believes it is problematic. He feels they are setting themselves up to be persecuting people for having their kid's birthday parties. He is concerned they are getting so concerned over little everyday things. Councilwoman Rhodes again stated this does not apply to that. Mr. Unger is bothered by the fact that inconveniences now are being turned into a violation of someone's rights. City Attorney Cookson asked to clarify that because Mr. Unger wasn't reading the entire definition. He further read the definition and clarified what was defined is a special activity. Ferd Heeb, 115 N. Riverside Drive, stated at the last meeting when they discussed the special activity permits they made some changes. He noticed they eliminated the sunset provision during the middle of the week relative to the time. He expressed concern with Bike Week and Biketoberfest with regard to when sunset is and by having a set time they have extended the time when the event would have to be over. He suggested they go back to sunset and describe where that time is going to come from. The idea originally was to set it so that outdoor entertainment during the weekdays would be limited to daylight hours. He recommended they go back to sunset and establish criteria for it. City Attorney Cookson stated he doesn't care what time it is but he doesn't like sunset and doesn't feel it is practical to have our Code Enforcement Officers walking around with a newspaper checking what the sunset is each day. He recommended they do a set time. city Manager Hooper explained they got to 9 p.m. because that is consistent with the changes in the noise ordinance. Andy Anderson, pine Tree Drive, stated he hopes he is right in assuming the leadership of the City is placing the needs of the people of this City first and foremost above any business. He further spoke about people that live in the City needing to make a living as well as the businesses in the community. He doesn't feel a business should interfere with the welfare of the people at any time. Councilwoman Rhodes stated if this does not work, they will revisit it. She has no problem going back to it again and eliminating outdoor entertainment if the rules can not be complied with. Mr. Anderson stated laws aren't any good unless they are enforceable. Mayor Schmidt closed the public hearing. City Attorney Cookson presented the language to be included in the motion to be as follows: Section 21-37.03, Subsection 2 which shall read the number of special activities at any given location or address shall not exceed: and Subsection 3 which shall read outdoor entertainment amplified sound in conjunction with a special activity shall be permitted only at the following times and days:. Page -8- Council Regular Meeting April 15, 2002 ...... """'" . . Councilwoman Lichter asked about enforcement in terms of the interaction of phone calls where people do not leave their name. She understands phone calls where people leave their name. will they continue to respond to phone calls where there is no identification. City Manager Hooper informed her yes. Councilman Vincenzi moved to approve Ord. 2002-0-05 with the stated amendments presented by City Attorney Cookson, second by Councilwoman Lichter. The motion CARRIED 5-0. There was a ten-minute recess at this time. C. Res. No. 2002-R-10. desianatina appropriate city officials as authorized aaents of the city and arant their authority to reauest closure of a State Road for special events (FOOT Special Use of State Road permits) city Manager Hooper made a staff presentation. City Attorney Cookson read Res. 2002-R-10 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Res. 2002-R-10, second by Councilwoman Lichter. The motion CARRIED 5-0. CONSENT AGENDA A. Police Pension Board Appointment - Mayor Schmidt to consider Ferd Heeb's reauest for reappointment to the Board for another two (2) year term (Council appointment) Councilwoman Rhodes moved to pull this item from the agenda until after the Workshop on April 22nd, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Tree Permit for Removal of Historic Live Oak Tree - Paul Lyons. 2617 vista Palm Drive. requesting a Tree Permit to remove one 36 inch historic live oak tree from his property that is liftina the driveway and the floor of his aaraae city Manager Hooper made a presentation with regard to the format for the two requests for tree removal. Building Official Dennis Fischer informed Council Mr. Lyons could not be present because he is a truck driver, out on the road and unable to be here. His request was if Council needs his presence for this request, he would request that it be postponed to another time. Mr. Fischer made a presentation with regard to removing a historic Live Oak tree at 2617 vista Palm Drive. Councilwoman Rhodes asked if Mr. Lyons had any issues. Mr. Fischer informed her his issue is that it is his tree and he ought to have the right to cut it. Councilwoman Rhodes asked if Mr. Lyons built that house. Mr. Fischer informed her no. Councilman Brown asked if it is possible to take the root out to save the side of the house and the driveway. Mr. Fischer stated if you did, you would probably jeopardize the tree. Page -9- Council Regular Meeting April 15, 2002 ~ ...., Mayor Schmidt asked Mr. Fischer if he has seen the damage. Mr. Fischer stated there is cracking and lifting of the sidewalk and driveway. As far as the corner of the house where the stone and block work is, he doesn't see anything visual. There was a brief discussion regarding the rules and regulations emanating from the Land Development Code and having to be in compliance with Volusia County standards. There was also discussion regarding how the price is figured to replace a Live Oak tree and the requirements for replacement trees. Mr. Fischer commented on the options available for Mr. Lyons. Councilman vincenzi questioned waiving it due to this being a unique situation. Mr. Fischer stated they have the option of waiving either or both requirements. Councilman Vincenzi stated he doesn't like it when people just want to arbitrarily cut the trees down. If there is a reason to do it, he doesn't think the guy should be penalized. Councilwoman Rhodes agreed. She recommended letting him cut down the tree and let him plant another one. Mr. Fischer stated one of his arguments was that he has a number of trees onsite but most of them are large pine trees. Councilman Vincenzi feels if the tree is destroying his house they should give Mr. Lyons a break. Councilwoman Rhodes agreed. Mayor Schmidt stated he would almost be willing first if he wanted to plant one tree to replace that one. Councilwoman Rhodes feels he should plant one live oak tree somewhere in his yard and that that is reasonable. Councilwoman Rhodes made a motion to allow Mr. Lyons to cut down a live oak tree and he needs to replace that live oak tree with another live oak tree measuring 2 ~" diameter, 6" above the soil line somewhere else on his property or plant one on public property or pay the money, second by Councilman Vincenzi. The motion CARRIED 4-1. Councilman Brown voted NO. Councilman Brown asked if they could have a list of what they are calling historical trees. Mr. Fischer stated Live Oak and Bald Cypress 36" or greater. B. Tree Permit for Removal of Historic Live Oak Tree - Larrv Harris. 1506 S. Riverside Drive. reauestina a Tree Permit to remove one 43 inch historic live oak tree from his property for the construction of a new sinale familY residence Building Official Dennis Fischer made a staff presentation. He commented on other Live Oak trees that currently exist on the property. Councilwoman Rhodes questioned the driveway being built around another tree and it being too close to his house that at some point it might bring up his foundation. Mr. Harris feels they have plenty of clearance. They are also going to be building the house up quite a bit to get stormwater to drain to the back. Councilman Vincenzi asked Mr. Harris if he had a problem with any of the recommendations. Mr. Harris stated he had no problem with that. He would like to replace it if possible. If he has a problem getting that many on the property he could take care of the rest in a fee. Councilman Vincenzi moved to approve this tree removal permit for a historic Live Oak Tree with a combination of the two recommendations, second by Councilman Brown. The motion CARRIED 5-0. Page -10- Council Regular Meeting April 15, 2002 '-' ...., City Manager Hooper stated the County is undergoing their new rules about trees. This is subject to a lot of discussion by the County and may change. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Attorney Cookson had nothing at this time. City Manager Hooper commented on a letter he received from Judy Kossuth and presented history with regard to the letter. He looked into her allegations as far as conduct. He told her he would put this in the public record and that is what he has done. City Manager Hooper informed the Council of the Goal Setting Work Session on April 22nd at 6:30 p.m. City Manager Hooper informed the Council they just finished the Audit report. The auditors asked for a price increase. They previously spoke about advertising this year for new auditors. That is the position of staff to go ahead and do it. Councilwoman Rhodes feels after Enron that is a good idea. She thinks keeping one auditor for too long is not a good idea. Councilwoman Lichter stated she feels when something isn't broken you shouldn't change it. She feels they have served Edgewater more than nobly. Mayor Schmidt told city Manager Hooper to go ahead and advertise so they can see what is out there. CITIZEN COMMENTS/CORRESPONDENCE George Ann Keller, 3039 unity Tree Drive, commented on the City's 2nd Annual CleanScene Day held on April 6th. She thanked Chief Planner Darren Lear, Director of Environmental Services Terry Wadsworth, City Clerk Susan Wadsworth, reporters Sylvan McElroy and Jean Morgan for their help. She also thanked Councilman Brown and the Committee members for the hours spent working on this event. She also presented a special thanks to Councilwoman Lichter. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:12 p.m. Minutes submitted by: Lisa Bloomer Page -11- Council Regular Meeting April 15, 2002