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04-09-2007 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 9, 2007 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER 1. Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Present Councilwoman Debra Rogers Present Councilman Dennis Vincenzi Present Councilwoman Harriet Rhodes Excused Councilwoman Judith Lichter Present City Manager Jon Williams Present City Clerk Susan Wadsworth Present City Attorney Carolyn Ansay Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of December 4, 2006 Councilwoman Lichter moved to approve the December 4, 2006 minutes, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . B. Regular Meeting of January 8, 2007 Councilman Vincenzi moved to approve the January 8, 2007 minutes, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . C. Regular Meeting of January 22, 2007 Page 1 of 23 Council Regular Meeting April 9, 2007 Councilwoman Rogers moved to approve the January 22, 2007 minutes, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS A. J. Gregory France, Volusia Home Builders Association Builders Care, Inc., seeking financial support in the amount of $3,000 J. Gregory France was not present to make a presentation. 4. CITIZEN COMMENTS The following citizens spoke: Mike Visconti , 316 Pine Breeze Drive, commented on Edgewater City Hall. How long is it going to take for the City Council, Mayor and City Manager to realize the importance of the issue to build a new City Hall? Since 1995 none of the Mayors, Councilmembers or City Managers have come up with a solution for a new City Hall. The City had many opportunities to purchase ideal sites such as Regions Bank but the voters turned it down. The longer they wait the more it is going to cost. He commented on the present City Hall is an outdated, old building, unhealthy and non-functional and the work to be done by Pure Air and the money being spent in what he feels are all the wrong places. He commented on Councilwoman Rogers stating it is discouraging to think the City must apply a band aid on City Hall. She was surprised that past administrations have not come up with a plan to get a new City Hall. He urged this Council to step up to the plate and hit a home run for City Hall. He suggested each citizen pledge $1 per day for 365 days per year, which would amount to $7,300,000 or $15 per month for 180 per year which ends up to $3,350,000. This will pay for a new City Hall. Once built, the City must pay back the citizens that pledged by lowering the taxes in the next year. He then suggested sending out a pledge card with the water bills. Then truly this becomes a City Hall for the people. Councilwoman Lichter commented on this issue being on the ballot two times within the last three years and it did not pass. That doesn’t mean it won’t happen or it isn’t Page 2 of 23 Council Regular Meeting April 9, 2007 needed. When they built the YMCA the voters voted for that. It’s not just the City it is the citizenry that makes some of these decisions. Councilwoman Rogers stated that is true but at the same time a reserve was never set up for City Hall. At least they should have been saving money towards that. When they do into this budget season she can propose it but it has to be a majority vote. Proposing so they can at least have a plan. Anything you want to purchase long range you have to put the money aside. No money has been put aside. When she first got on the Council, initially she thought they had money from the sale of dredge material. Later she finds out that is a different story than what she was told. At this point they are just going forward and are going to need to put money aside to get going. They know the time value of money. They know how property values go up. They have to hope there will be something they can afford in the future. For now all they have is what they have right now. She is going to try to push this during budget season. Mr. Visconti asked Councilwoman Rogers if she felt a pledge by the citizenry is a good idea. Councilwoman Rogers told him it would be something to ask the citizens but they don’t have the time to do that now before they start going into budgets. Mayor Thomas stated that was one of the Council’s number one priorities on their list of goals. The problem is they have to fund it. He felt Mr. Visconti’s idea sounded like a pretty good plan. The problem is they don’t know where the future lies on the property tax, which they have to get through first. This place is atrocious. He guaranteed they are working on it. Linda Small , 1629 Willow Oak Drive, commented on it being thth Volusia Days in Tallahassee on March 29 and 30 and the only two communities in Volusia County who did not have representation there were Oak Hill and Edgewater. She was concerned the other folks that did attend found value in face to face with the State Legislature and no one here did. She was concerned about this when she read it in the paper. She was very happy to read the account of City Manager Williams negotiation with the Police contract and the union. She thanked him for his due diligence and holding the fort there. There are a lot of pressing issues in our community and she felt it was somewhat dismaying Page 3 of 23 Council Regular Meeting April 9, 2007 that there was no value in any of the City officials attending Volusia Days in Tallahassee. Councilwoman Lichter stated there have been locally four to five different meetings where they have met their own legislators. At the one that Evelyn Lynn held in Ormond, she attended with City Manager Williams and spoke at that meeting. She thinks she has attended two or three other ones as well as the Mayor. She commented on the City being in a financial bind being one reason they didn’t go to Tallahassee but they did make their opinions known and many of them had constant communication with the legislators. Councilman Vincenzi commented on attending a few of the Volusia Days. He feels they are pretty much a waste of time and money. He feels there isn’t anything you can do up there during Volusia Days spending taxpayer money that you can’t do the rest of the year here contacting your State representatives. Dot Carlson , 1714 Edgewater Drive, representing ECARD, stated she left early at the last meeting and the City has hired Beth Rawlins for advice concerning initiatives on the ballot. She said City Manager Williams gave the name of a fund that this money came from for this incorporation. City Manager Williams stated the source of funds were coming from returned fund balances or reserves as a result of the contribution towards consolidated dispatch which is housed in the General Fund. Ms. Carlson asked if they could have done something else with those funds. City Manager Williams informed her the funds are also being used for the remediation process they are going through right now. Ms. Carlson stated she had a guy e-mail her that said they needed sidewalks in Florida Shores. Some are being put in. They need an Animal Shelter but they also need to hire someone to fight ECARD. City Manager Williams stated a lot of needs but not a whole lot of money. Councilwoman Rogers informed Ms. Carlson she didn’t vote for it. Carol Ann Stoughton , 2740 Evergreen Drive, asked where the audit is at present that Councilwoman Rogers asked for. Page 4 of 23 Council Regular Meeting April 9, 2007 She would like to know what is going on with the audit. She commented on the town being in debt for $45 million. Whether this was the past City Manager, City Manager Williams could answer that. She didn’t know how long the debt was in place. She asked how they could go forward with a debt of $45 million and do whatever they want to do. She would like to know if the City is presently operating under the Charter, which requires 15% to 25% to be kept in a fund. With regard to spending $15,000 because the City doesn’t like the fact that ECARD successfully went out and got the percentage of the voters. He wants to get a concern in to try to bring this up and put it on a ballot. Totally unfair of spending their money. She asked City Manager Williams how much he contributed to the signs on the fire trucks, how much did they spend as a City to advertise. If she ran for an election would the city pay for her to put her campaign on a garbage truck. She didn’t think so. She asked with regard to water and sewer people should know what their expenditures are monthly. She wanted to know how much money had been transferred over the years to the Stormwater Fund and to the retention ponds out of the General Fund. Nobody really knows what is going on. She feels they should have an accounting of how much they take in and how much the City spends and what the ongoing expenses are and for what. She feels it is time the budget has to be looked at. For the City Manager’s Department it costs $307,000 a year with perks to run this City. She feels it is time to bring in independent contractors to run the City. The people should be informed and they have a right to know what is going on and government shouldn’t hide what is going on, which was done all the times she asked Mr. Hooper what the City’s debt was. The Council can sit up there and not like what she has to say but the people have a right to know. City Manager Williams commented on a copy the financials for 2006 being on the dais tonight for the Council, which would be presented to Council next Monday night by the auditors along with the Auditor General’s benchmark comparison analysis along with a few slides that the Finance Department has presented. A majority of the questions will be addressed next week. Councilwoman Rogers stated just to clarify, the funds are not being transferred out of the General Fund; they are being transferred into the General Fund. She has been discussing this privately with City Manager Williams about Page 5 of 23 Council Regular Meeting April 9, 2007 this and one they start the budget talks they will talk about this publicly. As far as the issues with Water, Sewer, Pension, the incorrect way of taking the proceeds from the sales of ParkTowne Industrial and the way that it was spent rather than reducing the debt due to ParkTowne Industrial. All of that is going to come out. There were things they talked about last budget season. The City Manager became the City Manager during that period of time and he knows these are their concerns and questions. They will be addressing it again. She encouraged everyone to come to the budget hearings. Ms. Stoughton asked for an answer to her question. City Manager Williams didn’t have the exact numbers. It was a little over $11,000 and the Council through a resolution approved that. Dave Ross , 2803 Needle Palm Drive, stated some of them are aware that the Miami Corporation is seeking state approval to develop 25,000 acres of their property, west of I-95 and south of SR 442, down to through and into the northern edge of Brevard County. The 25,000 acres with a very low to low density could easily put in another 100,000 to 200,000 people in their back door. It is only adding to the population explosion. It is no stretch of the imagination to predict 250,000 to 350,000 people between SR 44 and the Brevard County line and we are right smack dab in the middle of it and nobody is doing anything to stop it. It is becoming more and more obvious that the State and local governments either cannot or will not stop the destruction of the State of Florida. He feels we are next. There are two State Constitutional amendments or propositions, one to require voter approval to change the local comprehensive land use plans and one to restrict development west of I-95 to one unit per twenty acres. That would be a change to the City and the Charter. This Council has within its power the ability to save this community and to help save the State of Florida. He asked Council to pass a resolution recommending voter approval of both of these amendments. Mayor Thomas asked Mr. Ross where he is getting his information. Mr. Ross informed him it is public knowledge and if you go to the Internet you will find real quick that the Ivy Planning Group announced it some time ago. He offered to give Mayor Thomas the several pages of information he had. Mayor Thomas stated he has that Page 6 of 23 Council Regular Meeting April 9, 2007 property leased until 2011. He has seen some things in the Orlando Sentinel where they are alleging they are going to build 800,000 homes out there. Mr. Ross stated they are asking for voter approval to develop 25,000 acres through an RLSBA. Mayor Thomas was not aware of this. Mr. Ross agreed to give Mayor Thomas documentation that Miami Corporation is trying to get the State to approve 25,000 acres of development out there. Mayor Thomas asked what they could do about that if it isn’t in the City of Edgewater. Mr. Ross informed him recommend that the voters approve the change to the State Constitution requiring voter approval. Mayor Thomas stated they just got chastised for putting it on the garbage trucks to educate the public so how are they going to get it out to the public. Mr. Ross again suggested they pass a resolution recommending that the voters in the City of Edgewater vote for approval of the State Constitution amendment. Ms. Stoughton wanted to speak. Mayor Thomas informed her she already had her turn. Ms. Stoughton stated she just wanted to finish. Mayor Thomas informed her she wasn’t going to finish. Ms. Stoughton stated Mayor Thomas as the Miami Tract Corporation has applied for a water permit for his customers out there. She accused him of knowing full well what is going on. 5. CITY COUNCIL REPORTS Councilwoman Rogers stated she was going to start with Mr. Ross’ comments about the Miami Corp. She was aware that they are surveying the property. She has friends that have property out there and they have come across the people surveying that property. This is going on. She mentioned the property not being in the City limits. She feels Mr. Ross’ idea about the two amendments is something they definitely need to look at. If not, they are going to have a continuation of the Hammock Creek, Restoration, and Reflections. Councilwoman Rogers then commented on the north/south road that she has talked about in the past. Ferd Heeb, who serves on a committee under the MPO, who has been working very diligently in his position to talk with the head of the MPO as well as the people on his committee to get suggestions to set the seed to get it rolling for the north/south road. This is something they have to look at for the future. If they don’t start doing something now, Page 7 of 23 Council Regular Meeting April 9, 2007 it won’t happen. The suggestion for the road she is trying to steer the MPO to do is something more along the lines of following the railroad tracks because historically railroad tracks are put where it is the highest and driest property. Councilwoman Rogers stated she has been receiving a lot of calls and e-mails from employees of the City as well as citizens in light of what is going on with the property taxes with regard to positions. Everyone is very concerned. She wanted to let people know she is listening to these concerns. As they get into this budget process they will talk about it more openly. If the employees have something they want to say please bring it to their attention because they can only make decisions based on the information that is provided to them. Sometimes she feels the information they are provided is filtered. If they have something they feel passionate about that they feel needs to be brought to the Council’s attention to please do it. Once they get into the budget and make their decisions, they cannot change it. Councilman Vincenzi stated he has also gotten numerous phone calls and e-mails from City employees and citizens about the negotiations that are going on. The City Manager is trying to negotiate with first the Police union and eventually all of the departments in the City. He has the bigger picture of what the City’s finances look like. Council has given him some direction regarding what to do and what to negotiate. There is going to have to be some compromises somewhere within all departments in the City. The City can’t just keep paying out the level of benefits and retirement contributions that it has been paying out and not raise taxes. Raising taxes to him is something that can’t happen and shouldn’t happen. In order to maintain the level of service they have there is going to have to be some compromise and someone is going to have to give in. He was sure not all of the City’s initiatives weren’t going to fly. He was sure all departments and employees are going to have to give something back in order for the city to continue to provide the services they have been providing. These are negotiations and they are in the middle of it right now. The next month or two they will bring out exactly what has been settled on. It’s not easy; it’s tough. He thinks this year he has gotten more phone calls and e-mails from citizens than he has ever gotten before in any other year. He is dedicated to representing Page 8 of 23 Council Regular Meeting April 9, 2007 the people of the City and he is also dedicated to being fair. They will see what the next few months bring. Councilwoman Lichter expressed her concerns with what she has heard about the Miami Corporation. She commented on the wells and water being a problem if that information is true. She doesn’t propose to vote on anything until they thoroughly research this and find out what is going on. She commented on having a Planning & Zoning Board that should be looking into this also. She wants to hear from them as well as St. John’s about the water situation. Councilwoman Lichter spoke in terms of the tax situation and going to the roll back rate of a particular year. She commented on having more citizens now and Tallahassee taking more money away from education, social services and many things that they have had to pay in their tax bills. They are putting in more of a percentage of the City’s taxes into those things. These things have to be looked at. There has to be a fair equitable way for people that have two homes and new homes. She also mentioned the increase in what things cost. Councilwoman Lichter commented on representing the City at a birthday of an 85-year old lady, Hazel Haughton Massey th Wilkinson, at the Union Church on March 18. Councilwoman Lichter stated although they have a watered down Water Authority, they still have a Water Authority with definite goals and objectives. The City’s Attorney is also the Attorney for the Water Authority. They are still in business in terms of planning and conservation. She spoke of there being new water supplies they want to look at. They also want to help all the cities with their planning. Mayor Thomas commented on the three firefighters that helped a lady that needed help after being run off the right-of-way in the Winn Dixie parking lot. He is proud of the firefighters that did that. He wrote them a letter of commendation to put in their files. He feels the City has some really good City employees that he is proud of, especially the Fire Department. Mayor Thomas reported on the Mayor’s meeting he attended today with Frank Bruno. The main issue is the tax reform legislation and everybody is scurrying to get plans A, B Page 9 of 23 Council Regular Meeting April 9, 2007 and C into affect. There are different opinions out of each legislature. The bottom line is the cities are going to be affected big time. Don’t be hood winked by the legislature. They are going to have to have the services whether the City, County or State provides them. They want home rule due to being different from other cities. He spoke of the taxpayers voting for this but having to pay in the long run. He commented on if the sales tax is increased. The legislature is trying to make the cities look like the bad guys and they are trying to educate the public. Mayor Thomas reported on the VCOG Smart Growth Committee meeting he attended. He commented on what they are doing about the green lands and what they are trying to preserve. th He informed Council the Smart Growth Summit is June 16 at Embry Riddle. 6. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS nd A.2 Reading, Ord. No. 2006-O-45, Sid Peterson requesting annexation of 79.18+ acres of land located south of Taylor Road and Glencoe Road intersection, cont. from 1/8/07, Item 7A Councilman Vincenzi moved to continue the second reading of Ord. 2006-O-45 until April 16, 2007, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . nd B.2 Reading, Ord. No. 2006-O-46, Glenn Storch requesting annexation of 20.28+ acres of land th located south of Two Oaks Drive and north of 27 Street, cont. from 1/8/07, Item 7B Councilwoman Rogers moved to continue the second reading of Ord. 2006-O-46 until April 16, 2007, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . Page 10 of 23 Council Regular Meeting April 9, 2007 nd C.2 Reading, Ord. No. 2006-O-43, Joseph Alison requesting an amendment to the Official Zoning Map to include 27.69+ acres of land located south of Airpark Road, west of Silver Palm Drive as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement for rezoning Elegant Manor Estates () City Attorney Ansay read Ord. 2006-O-43 into the record. Development Services Director Darren Lear made a staff presentation. Mayor Thomas disclosed that City Manager Williams, Mr. Lear and himself have walked the property. Mark Watts , Cobb & Cole, 351 E. New York Avenue, Suite 200, Deland, FL, was available to answer questions on behalf of the applicant. Mayor Thomas stated he wasn’t real happy about the subdivision due to being part of the Turnbull Hammock System but all of the trees had been mowed down before he got to see the property. The fill is suitable to him. Councilwoman Lichter questioned the trees all being taken down. Mayor Thomas informed her they have been gone a long time. Councilwoman Lichter asked if they would be putting trees in. Mayor Thomas informed her there were still some trees existing out there. Mr. Watts informed Councilwoman Lichter that any development that goes through would comply with the all of the requirements for tree planting and landscaping. Mayor Thomas asked if there was a trail between the two houses. Mr. Watts didn’t recall specifically off hand. He believed there was a discussion of a walking trail by the pit. Mr. Lear pointed out there was a walking trail. Mayor Thomas opened the public hearing. The following citizen spoke: Cecil Seacrest , Oak Trail, showed Council a slide presentation of the property being discussed and commented on his concerns with regard to the Magnolia and Oak trees Page 11 of 23 Council Regular Meeting April 9, 2007 being plowed under and the traffic. He expressed concern with there being only one entrance into the subdivision. He also spoke of mention of an alternate artery to U.S. #1 that he read about in the newspaper. He spoke of going to the Army Corp of Engineers in Titusville and got the latest plat for wetlands. He continued his presentation by showing pictures of traffic. He then commented on his concerns as well as his neighbors. He urged the Council to protect the wetlands as much as they can. Dot Carlson , 1714 Edgewater Drive, mentioned not being invited to walk the property. She asked how much net land is on it compared to water. She spoke of there still being trees on the property and the trees on it being trees that grow in water. She asked if this going to be filled. Mayor Thomas informed her it is already filled. Mr. Watts commented on some of the questions that were raised with regard to the number of homes that are allowed, the traffic and the study that is being done on the north/south corridor. Councilwoman Rogers stated that study is different than what she was talking about. She is talking about a State/County type organization. Mr. Watts then commented on wetland preservation. They know the sanctity of the Turnbull Hammock. He felt everyone was in agreement that that area has to be protected. Mayor Thomas expressed concern about the traffic. He has received a lot of complaints about Silver Palm Drive. He asked if the traffic study has been done. City Manager Williams stated the study has not been done yet. As they go through the final platting and approval for the site plan those results will be a part of that. Mayor Thomas asked if they approve this tonight what if they find they need to widen Airpark Road to that intersection. Whose cost would that be. City Manager Williams stated they just approved a concurrency ordinance with regards to paving and the developer’s paying their proportionate fair share. As they go through the process, if as a result of this project the traffic patterns are altered or they find a segment of road that is failing, that ordinance would come into play. There are controls in Page 12 of 23 Council Regular Meeting April 9, 2007 place to address that as it is deemed a segment of road that begins to fail. Mr. Watts commented on contributing costs if there are road impacts that need to be mitigated or offset. Almost every project he is involved with at this point in time has a proportionate fair share agreement and a contribution from the developer of that property to go towards offsetting the cost of those road improvements. Councilwoman Rogers commented on a comment in the newspaper where they quoted her referring to the Comp Plan and the Land Use Plan. That is their bible and that is what they have to go by. Unfortunately for those that don’t want to see wetlands destroyed, this property is in compliance because of the Comp Plan and Land Use Plan. As far as the wetlands and drainage of that property, when this goes through the other agencies that is when they are supposed to catch it. So many times things get approved and they don’t stop it. At this level, if they don’t pass this, then the City could be in for another lawsuit. If they pass it because they’re in compliance with the rules that have been set, all they can hope is St. John’s and the Army Corp will their do their job. She suggested looking at the Comp Plan and this not being easy to change. Councilwoman Rogers commented on making a change in the land use plan where they talked about not building below the 100-year flood mark. She asked if that comes in to play with this property. Mr. Lear informed her it is not within the 100-year floodplain. Councilwoman Rogers commented on this not being on the FEMA map. She questioned using the USGS map. Mr. Lear informed her that is what the County utilizes. Councilwoman Rogers feels they need to go back and look at this. Mayor Thomas entertained a motion. Councilwoman Lichter moved to approve Ord. 2006-O-43, Joseph Alison requesting an amendment to the Official Zoning Map to include 27.69+ acres of land located south of Airpark Road, west of Silver Palm Drive as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement for Elegant Manor Estates, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . Page 13 of 23 Council Regular Meeting April 9, 2007 There was a ten-minute recess at this time. The meeting recessed at 8:05 p.m. and reconvened at 8:15 p.m. nd D.2 Reading, Ord. No. 2007-O-02, Bishop Thomas Wenski requesting an amendment to the Comprehensive Plan Future Land Use Map to include 9.97+ acres of property located at 2310 S. Ridgewood Avenue as Commercial with Conservation st small scale Overlay, 1 reading 1/22/07, Item 7H ( comprehensive plan amendment ) City Attorney Ansay read Ord. 2007-O-02 into the record. Councilwoman Rogers moved to continue Ord. 2007-O-02 until May 7, 2007, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . nd E.2 Reading, Ord. No. 2007-O-03, Bishop Thomas Wenski requesting an amendment to the Official Zoning Map to include 9.97+ acres of property located at 2310 S. Ridgewood Avenue as B-3 st (Highway Commercial), 1 reading 1/22/07, Item 7I rezoning () City Attorney Ansay read Ord. 2007-O-03 into the record. Councilman Vincenzi moved to continue Ord. 2007-O-03 until May 7, 2007, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . nd F.2 Reading, Ord. No. 2007-O-04, Dennis Brinn, President of the Sunshine State Bank, requesting an amendment to the Official Zoning Map to include 2.08+ acres of land located at 1620 Edgewater Drive as B-3 (Highway Commercial) rezoning () City Attorney Ansay read Ord. 2007-O-04 into the record. Development Services Director Lear made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Page 14 of 23 Council Regular Meeting April 9, 2007 Councilwoman Lichter moved to approve Ord. 2007-O-04, Dennis Brinn, President of the Sunshine State Bank, requesting an amendment to the Official Zoning Map to include 2.08+ acres of land located at 1620 Edgewater Drive as B-3 (Highway Commercial), second by Councilman Vincenzi . The MOTION CARRIED 4-0 . 8. BOARD APPOINTMENTS A.Planning & Zoning – nomination by Councilwoman Lichter to fill a seat due to the expired term of Charlene Zeese, who seeks reappointment Councilwoman Lichter made a motion to reappoint Charlene Zeese, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . B.Animal Control 1) Nomination by Mayor Thomas to fill a remaining term due to the resignation of Robin Feger Mayor Thomas made a motion to nominate Jamie Young, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . 2) Nomination by Councilwoman Rogers to fill a remaining term due to the resignation of Barbara Eldridge Councilwoman Rogers moved to appoint Mary Wenderoth, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . C.Library – nomination by Councilwoman Lichter to fill a seat due to the expired term of Laverna McGinnis, who seeks reappointment Councilwoman Lichter moved to reappoint Laverna McGinnis, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . Page 15 of 23 Council Regular Meeting April 9, 2007 9. OTHER BUSINESS A.Tree Removal Permit – Joe Bailey, 2326 Mango Tree Drive, requesting a Tree Removal Permit to remove one (1) 40.8 inch Historic Live Oak Tree from this property City Manager Williams stated Mr. Bailey has requested to withdraw his application at this time. 10. OFFICER REPORTS A. City Clerk th City Clerk Wadsworth reported that on April 4 ECARD came in with 413 petitions, which would be going to the Supervisor of Elections tomorrow for the signatures to be verified. That is on the one dwelling unit per 20 acres permitted for lands west of I-95 for the variance procedures provided. They are requesting to be placed on th the Regular Election for November 6 and per the Charter they need 10% of the total qualified registered voters at the last City election. They will need approximately 1,450 signatures. B. City Attorney City Attorney Ansay presented an update on the litigation the City is currently involved with on behalf of Zeller/Greene. The lawsuit was filed against the City as a result of the height amendment and whether or not the height amendment applied to that property and whether or not that property was exempted or otherwise not subject to the amendment. The former City Attorney drafted a resolution that listed several properties and several existing agreements and that was one of them. The third issue in that lawsuit is whether the City had the authority to pass that resolution. Recently they answered the complaint. They in terms of the City’s position, are really only advocating they believe the City Council indeed had the authority under the ballot language to make a determination that a property is vested. They aren’t arguing one way or the other in terms of the validity of the amendment. They believe because of the resolution that was drafted that the property is essentially vested and has certain rights. Recently, ECARD has sought to intervene in that lawsuit. There was a hearing on whether or not they Page 16 of 23 Council Regular Meeting April 9, 2007 should be allowed to intervene so then it would become essentially a three-way lawsuit. ECARD would be litigating that they believe the amendment was valid and they don’t think the Zeller/Greene property should be exempt from the height amendment. The judge is currently analyzing and has not yet ruled whether ECARD could intervene. It is a complex area of law. They are still deciding who will participate in the fight and the fight hasn’t really begun. From the City’s perspective they have said all they want is a ruling that the Council is authorized under the language of that amendment to determine who is and who is not vested and not have to go to court every time a property owner makes a request or reserves a right that they have some vested status. This would become extremely expensive. City Attorney Ansay talked about the status of the term limit suit. The council at the last meeting directed her to go forward and prepare a lawsuit. She has a lawsuit prepared. Shortly there after a newspaper article indicating that Councilwoman Lichter does not intend to run for her seat again. She discussed this issue with City Manager Williams to find out where they should go from there. They have drafted it but have not yet filed it. She also spoke with Councilwoman Lichter to discuss informally whether there would be any way to obtain a written consent on her part that would essentially be an exchange for filing they suit, whether she would in writing sign away her ability to run again. She thinks in the context of them having drafting the lawsuit and this Council having given direction to file it, they can enter into some sort of agreement in writing that would be a settlement agreement prior to litigation whether she could say in writing she wasn’t going to run again. If she were to break her word on that they would be in court. She felt the Council needed to make the call if they think it is a risk. She felt there was a way should they desire to do that, she can put something together. Otherwise they are prepared to file it tomorrow. She was seeking direction from Council. Mayor Thomas asked Councilman Vincenzi how he wanted to handle this since he was the one that made the motion. Councilman Vincenzi stated he would hope that when someone gives their word it is their word and it is good. He would hate to spend uselessly and waste money on a lawsuit that they really didn’t have to pursue. Page 17 of 23 Council Regular Meeting April 9, 2007 Councilwoman Rogers feels it is a shame they had to go to this extreme to begin with. This is something that was discussed several times prior to the meeting where they made the decision to have the attorney do what she has done. From what she is saying a settlement agreement could be reached and it could be put in writing. She feels they don’t need to go any further. Mayor Thomas stated when he read the Charter it said two terms and it didn’t specify the length of terms and he read it to be two terms. When he heard that wasn’t the way it was interpreted by two attorneys, he wanted to get an opinion from a judge. He doesn’t like to spend money frivolously and if she would like to put something in writing that would be fine with him. Councilwoman Lichter stated she is a person of her word. No one asked her that night if she intended on running or not. She felt it was premature if she wasn’t asked to state that statement. She has served this community for four years on Planning & Zoning and she has served on the City Council for ten years in November. There is generally quiet a different philosophy between them. She is glad to hear tonight they can honor someone’s word. It has been stated by two attorneys and a member of the Charter Review committee that the person that would be in her seat under her circumstances could run again. In a sense even Councilman Vincenzi served more than two terms, although one was broken that may be a different situation. She wrote to the newspaper and has stated publicly that she has served enough. After ten years, she has served her community well. She would hope they would honor her word. If they feel it is necessary for her to put it in writing, she would do that to save the City money. With her generation, she wouldn’t have to put it in writing. When she said something they would know it was so. She spoke of this not being personally at her. It happens that she got elected so many times because she does her job well according to her citizenry. She informed City Attorney Ansay it was in her hands and if they wanted a written, formal statement she would do that. City Attorney Ansay felt it would be appropriate to have a motion as well with Council specifically setting out what direction they want her to take. Page 18 of 23 Council Regular Meeting April 9, 2007 Councilman Vincenzi asked what the recommended motion should be. City Manager Williams suggested maybe amending the original motion pursuing declaratory judgment regarding the term limits to include some written agreement between Councilwoman Lichter and the City. Councilman Vincenzi made a motion to amend the motion made at the last meeting to pursue a court ruling in the matter of term limits on the City Charter in that a written agreement will be provided by Councilwoman Lichter stating that she does not intend to run there by eliminating the problem or conflict . Councilwoman Lichter stated that would eliminate it in the future because she is the only one it could apply to with this change. Councilwoman Rogers seconded the motion . The MOTION CARRIED 4-0 . Mayor Thomas asked if it is possible they could get a judge to tell them what his decision would be. City Attorney Ansay stated the courts would only entertain cases where there is an actual controversy. She spoke of not being able to find a declaratory action unless you have a party that is against. They have to name a person who has a real right to be lost in litigation. Councilwoman Lichter stated she appreciated that Mayor Thomas would like to find the answer to that to clarify it however they have heard from two attorneys that have said she could run. When the Chairman of the Charter Review Committee stood up two weeks ago and said their intent was to let it happen and it would be up to the voters whether she would be in or not. She feels that is enough for any judge to throw a case out of court when the Chairman of that committee states the intent. She questioned if that was correct. City Attorney Ansay stated whenever the language of a Charter provision is ambiguous, that is what the courts start to look towards is what was the intent. That would be been evidence that would have been considered by the judge. Mayor Thomas informed Councilwoman Lichter he appreciated her effort to save the City money. He thanked her. Page 19 of 23 Council Regular Meeting April 9, 2007 C. City Manager 1) Update on City Manager 2006/2007 Goals City Manager Williams stated pursuant to his employment agreement, approximately six months after the beginning of the fiscal year he is supposed to provide them with an update on the status of goals. He had every intention of bringing that item to Council however they are still drafting the progress they are making with regards to those goals. He has pulled this from the agenda tonight and will be placing it on the agenda for next Monday night. Councilman Vincenzi asked if they could have a special meeting. He feels this is something that needs to be open for discussion and debate as far as what City Manager Williams has and has not accomplished. City Manager Williams agreed to coordinate a meeting time and get it scheduled. City Manager Williams then commented on the memo from the Finance Director outlining the budget time line. He commented on the process being changed from what has been done in the past. They tried to identify a time line that will allow the departments ample time to put forward their proposed expenditures with dealing with the proposed tax reform. He further went over the timeline with regard to the work sessions. He needed Council consensus on which date works best for them. Councilwoman Rogers stated Thursdays. Absolutely no Saturdays. Councilwoman Lichter had a conflict with July because she is going to Russia. Councilman Vincenzi thought he might have a conflict due to having a vacation scheduled in August. City Manager Williams asked the Council to check their calendars and get back with him. He prefers Saturday but he is open to whatever Council’s consensus is. City Manager Williams presented an update on the status of budgets. He spoke of the direction they are giving the departments with regards to proposed expenditures for fiscal year 2008. The latest check is there are probably Page 20 of 23 Council Regular Meeting April 9, 2007 70 different proposals on the floor regarding property tax and some sort of amendment to the way with which ad valorem taxes are levied within the State. He feels the City recognizes the system is broken and that there needs to be a comprehensive solution to fixing that problem. They do somewhat question whether or not they can bring forward a comprehensive solution within a sixty-day legislative session. Some of the proposals will provide a significant reduction for our ad valorem tax revenues. They are assuming an absolute worst case scenario and have provided direction to the directors that they should anticipate a reduction in the General Fund budget to the effect of 30% which will provide for property tax relief and some relief regarding the transfers they bring in from the Enterprise Funds and will address the cash reserves. He then commented on the financials that will be presented next Monday night. There are some pretty concerning trends. He has also included a compilation of financial transactions from 1998 through 2006. He is seeing some trends in there that if they don’t change the course of direction they could find themselves in trouble. All of these items will be presented to Council next Monday night when the auditors deliver their Comprehensive Annual Financial Report. City Manager Williams informed Council on Wednesday at 1:30 p.m. he would be holding a voluntary citywide meeting for the employees to have an opportunity to come in and have some open dialogue with him regarding the proposed property tax reform. Regardless of what comes down from the State level they have to make some operational changes right now. He is going to meet with the employees to try to address what he calls a very active rumor mill. Mayor Thomas reminded the Council of the Smart Growth th Summit on June 16 at Embry Riddle. He spoke of the taxes being broken and trying to put a band-aid fix on it to make themselves look good in Tallahassee so they can get reelected. There are all kinds of scenarios out there. They aren’t going to have the services they have now if that happens. They need to think about that before they vote. They are going to try and educate the public the best they can and he is going to depend on the citizens to educate their neighbors. This is serious. Everybody is scared. 2) Tentative Agenda Items Page 21 of 23 Council Regular Meeting April 9, 2007 There were no Tentative Agenda Items to be discussed at this time. 11. CITIZEN COMMENTS The following citizens spoke: Mike Visconti , 316 Pine Breeze Drive, thanked Councilwoman Lichter for her dedicated service to the City. He has been here for thirteen years and for ten years Edgewater has done a wonderful job. Linda Small , 1629 Willow Oak Drive, stated she thinks as citizens of the community they have common sense and reason and logic. She lived through Prop 13 in California in the late 80’s and early 80’s and they had to do that because their local leaders didn’t’ believe them. She thinks what they need to understand if they have all wanted to be in control with the City as partners and start last year with getting control the property taxes in Edgewater. She knows it isn’t all the City’s fault. There are so many factors. In California she will share with her residents, the very first part of the process started with the elected officials trying to scare them to death and it has started already here. The things they have said tonight are part of the intimidation process. She understands because she has lived through it. Nobody here wants to lose control and nobody wants to give up money. They are going to have to work together as a team, the State, the County and locally to resolve this. It has to change. She read Mayor Thomas’ letter regarding one size does not fit all. Unfortunately in this type of situation there will be one program that has to fit all. She thinks it is important that they communicate with each other but try to not to intimidate each other over this. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Lichter moved to adjourn. The meeting adjourned at 8:50 p.m. Minutes submitted by: Lisa Bloomer Page 22 of 23 Council Regular Meeting April 9, 2007 Page 23 of 23 Council Regular Meeting April 9, 2007