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HomeMy WebLinkAbout02282007cm~ -~ - 'i HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:51 p.m. 2. The Pledge of Allegiance was led by Council Member Andrea Coy. 3. There was a moment of silence. 4. READING OF CIVILITY PLEDGE City Council members read the pledge as follows: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Building Director, Wayne Eseltine Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger MIS Director, Frank Losardo Police Chief, Jim Davis Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barry Siepmann Regular City Council Meeting February 28, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Burkeen noted Item 8B Presentation to Teacher of the Year Lisa Mucci was to be removed and will be added to the next agenda. The City Attorney requested addition of item add 11 E to discuss use of the City Hall complex as a public forum. There was a 4-0 voice vote to amend the agenda as requested. 7. ITEMS NOT COMPLETED ON FEBRUARY 14, 2007 A. Mr. Paternoster - L2/7/07 E-Mail 07.049 i. License for Non-Resident Lawn Maintenance Vendors (Growth ~-3 Management Memo 2/7/07) Mr. Paternoster said individuals approached him and said they are required to acquire licenses to operate lawn maintenance businesses but others can come in from outside the City and do not need a license. He recommended a paid registration program using hang-tags which would exhibit a permit to operate in the City. He cited the examples provided in the agenda packet. Mayor Burkeen asked if we are only talking about lawn maintenance and why we are discriminating against lawn maintenance workers. Mr. Paternoster responded it would create a new source of revenue and protect our City workers. Mayor Burkeen asked why we would not apply this to plumbers and A/C services and other trades. Ms. Coy said according to Growth Management a home occupational license is based on a person's residence and that is why a city license is only required of people who reside in the City; said she would love to see City workers get the edge, but would also not want to see the County penalize Sebastian people by requiring them to obtain a license from the County. She suggested lawn maintenance service people could be asked to show their license from another jurisdiction and if not licensed they could be penalized. Mr. Neglia said what Mr. Paternoster is saying is the people who come here do have a license and the City could simply have them register with us and put a hang-tag in their window. Louise Kautenberg, Sebastian, said occupational licenses do not set standards for the trade; that there are other trades for which we require licenses of City people but not those from outside who come into the City to do business, and said if we are going to do this we are going to need a whole lot more enforcement personnel. 2 Regular City Council Meeting February 28, 2007 Page Three Neil Lagin, 838 Wentworth Street, said he was a landscape consultant, and that City licensing should be issued to establish criteria for qualified people. Dale Simchick, 766 South Easy Street, said most times when you have a license you have to provide proof of insurance, which protects homeowners. Charlie Lindsey, 601 Collins Street, Sebastian, said workers comp and liability insurance should be required for all licenses and perhaps there should be a tag for that. Damian Gilliams, 1623 US 1, said you cannot be selective, and that he is all for doing away with all licensing altogether. Mr. Paternoster said maybe we should just call it a registration certificate to show all necessary information such as insurance that we require here, and have annual stickers. Mayor Burkeen said he doesn't think it is a terrible idea, if the true essence is to protect the homeowner it is valid, but if it is just to know who is in the City maybe not. Ms. Coy said she doesn't know if it is up to Council to decide what a small business needs to operate, and maybe we are discriminating against one industry and should make it apply to all trades if we are going to do it. Mr. Neglia said the liability and insurance is well taken, and maybe we can rework the idea and bring it back. Mayor Burkeen said we could come back with something more fine-tuned. 06.114 ii. Update on Overgrown Lots (no backup) This is located under item 11 C. 07.051 iii. Grant and Contract Administrator for Sebastian (no backup) Mr. Paternoster said it is time to start to consider hiring agrant/contract administrator. He called on the Human Resources Director to give Council more guidance in this area. The Human Resources Director said Mr. Paternoster approached her about tying these two positions together, and they discussed the need for a grant administrator, said there is a great deal of planning involved for CIP grant projects, and it would be a good idea if someone ran the whole process, noting most grants are for larger projects and that currently most grants are handled by individual department heads. Regular City Council Meeting February 28, 2007 Page Four Mayor Burkeen said he was in favor of this type of position due to our need to pursue as much grant money as possible and if it is the consensus of Council it would be appropriate to look at in the next budget. Ms. Coy agreed. The City Manager said his marching orders from City Council have been to reduce taxes and to do so he reduced personnel and eliminated the position of General Services Administrator. He said he gave the responsibility to track grants and contracts to each department head, and there have been no problems with this process, though the process could be better. He said if Council wants to reduce millage it needs to reduce personnel, however, the budget process will be an excellent time to look at the issue of what new personnel the Council might want to address. In response to Mr. Neglia the City Manager said there are at least six people on staff who can write grants. He stated that an outside consulting service wrote the CDBG grant because of its cumbersome nature, but said however, grant processes vary. Mr. Neglia asked if a grant writer would cost the City approximately $50,000. The City Manager said it would be better to look at cost in the budget process. Mr. Neglia said if we kept grant writing in-house, we could hire more police personnel or others. In response to Mr. Paternoster, the City Manager said the CDBG grant consultant would have received 1 % of the grant from the grant if received. He said there is currently someone on staff who is capable of doing this type of grant but they do not have the time. It was the consensus of Council to readdress this at budget time. Damian Gilliams thanked Mr. Paternoster for bringing this up and said this could not wait until October, said we also need to consider a lobbyist, and the City could give incentives to department heads to pursue grants. Nancy Paternoster, President, Sebastian Property Owners Association, on behalf of the Association asked why are not seeking alf available grants to relieve the tax burden on property owners MOTION by Ms. Coy to move on died for lack of a second. Mr. Paternoster suggested we could find emergency appropriations to have this ready when the budget rolls around or put out feelers to be prepared when the time comes, relative to cost and what type of people are out there and have the City Manager report back to us at the next meeting. Ms. Coy reminded Council at the last budget that Council committed to new police officers and said she would not support an immediate request. 4 Regular City Council Meeting February 28, 2007 Page Five Mayor Burkeen said he had no problem with the City Manager coming back with information but would not support bringing someone in midstream. Mr. Paternoster said he thought he was the one pushing for the police and that is how Ms. Coy got the Environmental Planner. RESUME FEBRUARY 28, 2007 AGENDA 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.044 A. Presentation of Certificate of Appreciation to David Rodriguez for Tree & Landscape Advisory Board Service Mr. Rodriguez was not in attendance. 07.052 B. Presentation of Proclamation -Lisa Mucci - Teacher of the Year for Indian River Coun This item was postponed to the next regular meeting. 07.003 C. Presentation of Plaque to Employee of the Quarter -Donna Cyr, Records Program Manager, City Clerks' Office Mayor Burkeen presented the plaque and $100 bond to Donna Cyr and read her brief biography. 07.053 D. Dan Stanley - Order of the Purple Heart Mr. Stanley presented the City with a proposal to go forward with a Purple Heart monument in Riverview Park near the Veterans Memorial funded by the Sebastian VFW, Sebastian American Legion and Indian River County Purple Heart. Ms. Coy reiterated the request for the memorial to honor recipients of the Purple Heart and noted it was planned to be in place by the 4th of July. Mr. Stanley read the Purple Heart quote, "My stone is red for the blood they shed. The medal I bear is my Country's way fo show they care. If I could be seen by all mankind maybe peace will come in my lifetime." He was thanked by each member of Council. On MOTION by Ms. Coy and SECOND by Mr. Neglia Council approved the location of the Purple Heart monument near the Veterans Memorial on a voice vote 4-0. Mayor Burkeen called recess from 8:54 p.m. to 9:00 p.m. Regular City Council Meeting February 28, 2007 Page Six 07.054 E. Comprehensive Audited Financial Report Presentation (Report Distributed Previously Under Separate Cover) Bob Harris of Harris, Cotherman, Jones, Price & Associates, presented the Comprehensive Audited Financial Report, thanked the Finance Director and her department for their cooperation. He said they have given the City an unqualified opinion, the highest opinion that can be obtained. Mayor Burkeen thanked Mr. Harris and said he was proud of Shai and the Finance Department. Mr. Neglia noted the report states the City is better off financially than it was a year ago and the City's bond rating is good. The City Manager noted the increase in reserve levels to 39%, implemented along with a tax reduction, which speaks volumes for being conservative and bring fiscally responsible. 07.055 F. Annual Sebastian CRA Report Presentation (City Clerk Transmittal, Annual 5-24 Report Prepared by Finance Director) The City Manager presented the Annual CRA activity report as endorsed by the Community Redevelopment Agency. It was the consensus of Council to accept the report and the City Clerk will advertise its availability in accordance with Florida Statutes. 07.036 G. Sebastian River Area Chamber of Commerce Economic Development Report Don Wright presented the Chamber's Economic Development report. He cited studies that show that unless there is something done to bring in clean light industry other than service jobs this area will take a down turn. He said most companies are looking to lease space and the City has space at the airport. He requested that the Council hear a presentation by Mr. Fruth in a public televised workshop sponsored by the Chamber of Commerce. Mayor Burkeen said we have failed poorly in economic development and he is in favor of this workshop. Ms. Coy said she agreed with listening to Mr. Fruth and perhaps we should follow up with an Economic Development Council for Sebastian. Mr. Wright suggested an ad-hoc committee headed up by the Chamber with membership of Council members, members of the public and City staff. Mr. Neglia said he supported this wholeheartedly. 6 Regular City Council Meeting February 28, 2007 Page Seven Mr. Paternoster stated the airport moratorium will need to be lifted, and that housing for workers needs to be addressed. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 25-37 A. Approval of Minutes - 2/14/07 Regular Meeting o7.o5s B. Purchase D.A.R.E. Incentive Items for Students in the Amount of $2,562.43 39-44 from PD Forfeiture Funds (PD Transmittal, Requisition Forms) On MOTION by Ms. Coy, and SECOND by Mr. Paternoster, consent items A and B were approved on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Consideration of Sunset Provision of R-05-11 for Environmental Advisory Committee 45-4s (Cit~Clerk Memo, R-05-11, Sec. 2-240 Code) The City Manager briefly reiterated staff's reminder of the sunset provision, the four options available to Council including the recommendation of merger of the Tree Board and Environmental committee. Mr. Paternoster recommended keeping the committees separate. Mr. Neglia said he would like to combine the two committees, and have the City Manager and City Attorney look at it and bring back a recommendation. The City Attorney said there have been problems filling positions on both committees, and that Council could extend the Environmental Committee for six months while we work out language for a permanent committee. Ms. Coy asked to hear from members of the committees. Trish Adams, Environmental Committee Chair, said the committee talked about this proposal last night and said her concern would be if combined, the Tree Committee has a very narrow focus, whereas the Environmental Committee has a much broader focus. She said members of both committees should be a part of the process in forming a new committee and discussing its direction; said if Council chooses to keep her committee as it is they would like to have better direction to see where it fits. She said she does see potential for a merged committee to be doable, if both are dissolved and more clear direction is given for a new combined committee. 7 Regular City Council Meeting February 28, 2007 Page Eight Neil Lagin, Tree and Landscape Advisory Board, said he would like to see the committees remain separate because of their separate focus such as the Tree Board Arbor Day. Dale Simchick, said she would like to combine a conservation land component to the Environmental Committee due to projects that will need oversight. Ms. Coy said she liked combining the committees and redefining them without taking away any of their responsibilities and incorporating the conservation element, sending it back and asking Growth Management and the Environmental Planner how to best create a new committee. The City Attorney suggested calling it a Natural Resources Committee. Mayor Burkeen recommended combining the committees so we don't lose the environmental aspect. The City Attorney suggested asix-month extension while new language is established and existing language is amended with hearings before Planning and Zoning. Mr. Paternoster said the Tree Board has a different focus and it may get lost in the Environmental aspect. It was the consensus of Council to extend the Temporary Environmental Committee six months by bringing back a resolution to the next meeting with the goal being combining the two committees. 9. PUBLIC HEARING -None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda Damian Gilliams, 1623 US 1, Sebastian, said he has been talking about economic development, and was glad to see the Chamber of Commerce bring this forward, and recommended moving the Chamber of Commerce close to City Hall so the City could utilize the property the Chamber currently leases; said the old Walmart building would make a great convention center which could be purchased with grant money; said if we put in infrastructure at the airport we can bring in big corporations; that it would be nice to have a farmers market; commended the City Clerk for hiring good people and said many departments have good people. He suggested that all City checks be placed on the City website. Russ Owen, Sebastian said he did not want his name on the City website; suggested doing research to determine names of Sebastian residents killed in wars and placing the names on the Veterans Memorial. Ms. Coy said the same organizations involved in the Purple Heart could be requested to look into this. Ms. Coy said she would make the request to veterans' organizations. Regular City Council Meeting February 28, 2007 Page Nine 11. UNFINISHED BUSINESS 07.058 A. Agenda Format -Location of Introduction of New Business from the Public (City 5t Clerk Transmittal) Mayor Burkeen said he would like to move Introduction of New Business to just after New Business. Mr. Paternoster said we need to leave it where it is and impose restrictions if it appears something will go long based on the number of people who will speak on a specific issue. He said residents have a right to be heard and be heard at a reasonable hour. Ms. Coy said in three months Council has not finished a meeting, it is not her intention to stifle people, that she supported unlimited time for speakers, but Council is not getting through its business meetings. She noted that we have allowed a few people to speak for a long time and cited one forty minute dialogue. Mr. Neglia said he agreed that people have the right to speak, and again recommended either moving it up or going to afive-minute time limit, noting he has been unable to get to his items. Mr. Paternoster said he was not in favor of moving anything on the agenda or in putting time limits on public input. Joe Scozzari, Sebastian, said he spoke for forty minutes, and did not hear anyone discuss the people who spoke time after time on the concrete plant issue. Chuck Lever, said Council was elected by the people to represent them and can be voted out. Damian Gilliams, Sebastian, said Introduction of New Business from the Public should be moved forward on the agenda; said the Mayor controls the meeting; said Council is elected by the people and the people will remember them at election time; and wondered what items Mr. Neglia had on the agenda. Mr. Neglia said Mr. Gilliams misinforms people by saying he did not have items on the agenda. Louise Kautenberg, said she was in favor of moving the item to the end of the agenda, that this Council was elected to perform the business of the City, and that she watches week after week to see City business not get performed, noting that citizens who are required to come here are sent away without getting to their items. On MOTION by Ms. Coy and SECOND by Mayor Burkeen, Council moved the location of Introduction of New Business from the Public to follow New Business. 9 Regular City Council Meeting February 28, 2007 Page Ten Mayor Burkeen reiterated that meetings are scheduled to carry out City business and people who have pre-assigned business deserve to have their business heard, and while it is important to hear Introduction of New Business from the Public, a trial is worth it. Motion carried with a roll call vote of 3-1. (Paternoster -nay) 07.046 B. Bostinto Drainage Issue -City Engineer Report and City Attorney Report on 53 Whether These Issues Should be Handled Case-by-Case or City-Wide (City Engineer Report City Attorney Report Under Separate Cover) The City Manager said the City Engineer and City Attorney had provided reports as requested relative to the Bostinto drainage issue. He cited the options available to alleviate the problem. The City Attorney reiterated the opinion he had provided to Council at this meeting relative to City responsibilities to alleviate drainage problems on private property (see attached). In response to Mayor Burkeen, the City Attorney said fixing individual drainage issues would not be a legal problem but may be a political problem. Mr. Paternoster asked Ms. Bostinto to step forward to the podium and reiterated the visit he and the City Manager made to her home last June. He then reiterated what took place from last June to now relative to the Bostinto drainage issue, noting Mr. and Mrs. Bostinto were going to bring sod and dirt in to alleviate this problem, the City Manager told them not to bring in any more sod or dirt because he was going to fix the problem though it would take about three months, Ms. Bostinto told him the City Manager said she was going to have to remove her patio. He said he frequently asked for updates and was told by the City Manager that staff was working on it and then in February the City Engineer told him he was unaware that Mr. Paternoster was involved, and that the City Engineer was only made aware of the Bostinto issue in January 2007. He asked the City Attorney for a legal definition of reliance or reasonable reliance. He apologized to Ms. Bostinto for all the time he told her someone was working on it, and though Mr. Minner now states he doesn't remember the conversation, but should now be a man of his word. Mr. Neglia said he spent time at Ms. Bostinto's house yesterday, noting there is no standing water now, said her site needs to be filled in and leveled and perhaps a pipe can help get the water out of the area. He said he asked her if she would help pay and she said she would not want to do that. He said it is time to get the problem fixed, and if Mr. Minner made a promise it should be our business to do it, but we cannot do the whole City like this. He said hopefully Ms. Bostinto could meet with the City Manager and City Engineer. Ms. Coy said if we were to do this one time on a good will basis, and perhaps damage private property like septic or well we could be liable to repair other property. 10 Regular City Council Meeting February 28, 2007 Page Eleven The City Manager said if he was guilty of anything it is being over helpful, and in his recollection his comments were made due to his impression that her issue was based on something the City had done wrong. He further said the City did not create this problem and he will not fix Ms. Bostinto's yard because it will set a precedent, unless he is directed by a vote of Council. At 10:30 pm motions were made: MOTION by Mr. Neglia, and SECOND by Mayor Burkeen, to extend the meeting to 11 pm failed (actually carried*) on a vote of 3-1 (Paternoster -nay) MOTION by Mr. Paternoster, and SECOND by Mayor Burkeen, to extend the meeting to finish this item failed (actually carried*) on a vote of 3-1 (Neglia -nay) Mayor Burkeen adjourned the regular meeting. *The action taken was incorrect because our procedures resolution R-05-26 requires unanimous vote to add items fo the agenda but a majority vote to extend the meeting up to one half hour -both instructions are clearly stated on the agenda. The following items including the conclusion of the Bostinto drainage matter will be carried forward to the beginning of the March 14, 2007 agenda. 06.114 C. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 55-59 Transmittal, 0-07-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. 07.029 D. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 61-71 (City Engineer Memo, 1/24/07 City Engineer Transmittal and Previous Backup - CDM Letter, Proposed Agreement) E. Discussion of City Hall Complex as Public Forum (Added by City Attorney) 12. NEW BUSINESS 07.059 A. Alternate Representative Proposal by Treasure Coast Regional Planning Council 73-81 (Minutes, Code, Revenue Report, Info) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Neglia B. Mayor Burkeen C. Ms. Coy D. _Mr. Paternoster Approved at the March 14th Regular City Council Meeting. ~ n ATTEST: ~J l ~ ` 11 Brian S. Burke , Mayor Sally A. aio, MMC - City Clerk ISO O~ IPA 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 388-8201 ^ FAX (772) 589-5570 To: Mayor and Council From: Rich Stringer, City Attorney Date: February 28, 2007 Re: Rear Yard Drainage Analysis When previously questioned about the responsibility for redressing rear yard drainage problems that are perceived to be anever-increasing problem, I stated that each situation must be analyzed on a case-by-case basis. I have been asked to provide some guidance to be used by the City in undertaking any such analysis. I would like to preface these remarks by making a fine distinction as to the use of the word "responsibility" (yes, I know, lawyers are notorious for such things). Effective drainage is generally accepted as a governmental concern under the police powers mandate of ensuring the health and safety of the citizens. There is no question that drainage problems are a city concern, and use of public funds to address these problems would withstand legal challenge. The real issue relates more to determining the situations in which the use of public funding is most appropriate and, to further refine the question, which funding mechanisms are appropriate for use. It would seem that these drainage problems would typically originate from one of four types root causes, or a combination of the same. These four categories would be: 1. Failure to construct or maintain public drainage iri accordance with the approved design; 2. Design flaws in the master drainage plan; 3. Improper water flow from adjoining properties; and 4. Water captured on-site due to substandard development of the flooded property itself. Each of these scenarios carries different implications for financial responsibility. The first scenario is the simplest. Somewhere along the line the City either dug ditches incorrectly, did not build a key link in the drainage line of flow, or has allowed the system to become plugged. The City needs to remedy the situation, and typically this would be done from the general fund (all taxpayers sharing in the financial burden equally). As for the second scenario, where there are design flaws in the system, it is still incumbent upon the City to remedy the problem. There may be areas where the elevations of the original GDC drainage master plan are incorrect and water does not flow as anticipated, or for some reason the drainage just doesn't work. I believe the Dempsey/Vocelle Project from the late 1990's addressed a situation like this. These type of projects are prime subjects for grant-funding. While it may be cost-effective to remedy a small problem of this type with general fund revenues, the general thought is that it is better to not burden the broad taxpaying base with the cost of improving a specific neighborhood. Avoiding the use of general tax funding is often considered a matter of fairness in that homes in areas with good drainage have usually sold for a premium price over those in problem areas, thus these homeowners have already paid for having good drainage. Once the problem is solved, the values in the improved area will rise and the homeowners there will enjoy the financial rewards of the drainage improvements at the tune they sell their homes. For this reason, this type of project is often considered for a localized special assessment project that fixes the project, through a funding mechanism financed through the City, and the homeowner ultimately recoups their money through increased property values. As to the third situation, although there is an intensified effort to make sure that new construction keeps its site-related drainage moving to the front of the property and off the neighbors, there are probably a number of older homes that discharge water to the neighboring property. In fact, a number of the homes now having backyard flooding are believed by the engineering Department to have been discharging their water onto the vacant adjoining properties. Another situation fitting this category is where a property owner has altered their yard through fill or a berm without a permit and has changed the initial water flow. The primary burden to remedy the problem in this situation lies with the property owner who is discharging water onto their neighbors. Although the floodedproperty has private civil legal remedies in the courts against the neighbor, the City could potentially bring a nuisance abatement action to force the solution. Finally, there is the situation where a home was just not built in a way that drains its own yards. As mentioned above, many of these properties drained into adjacent vacant parcels, but now that these properties are being built, the water is dammed-up and stays in the backyard. Beyond the owner taking responsibility, the City could look at establishing a small grant program, cost-sharing or even special assessments. There is a knee jerk reaction in the last two categories to demand that the City pay for the fix because it allowed the substandard condition to be created in the past. However, a full examination of this logic exposes some flaws. If the City had required the property to have met the on-site drainage standards of today, it would have done so by requiring the owner to place more fill dirt in the backyard in order to bring the flow of water to the street in front. The remedy for the owner today is to bring in more fill dirt in the backyard in order to bring the flow of water to the street in front. Basically, the property owner avoided paying this additional expense all these years because they were improperly draining onto a neighbor's vacant lot. The situation was not worsened by the perceived shortcomings of the City in allowing the condition to occur in the past, so there should not be any legal liability on the part of the City. Of course, as stated earlier, the City can legally justify paying for such fixes if it is decided to undertake the remedies as a matter of fairness, goodwill or any such other type of gesture. In conclusion, there are two caveats I feel should to put forth in this matter. First, until we understand the magnitude of the problems, we need to be careful about committing to financial responsibility for fixes that the city is not compelled to make. I recommend that we work on a database of problem areas and get a good idea of the size of the apple we are biting into before we open our mouths. Secondly, we have to be very careful we our permitting status with the water management authorities. Most of our drainage is operating as "grandfathered" GDC master drainage plan, and if we trigger the need to bring our entire system up to today's standards, it would be an astronomical expense. Cc: City Manager City Clerk