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Council rejects review of legality of zoning panel meeting
By ALEX LEARY CRYSTAL RIVER -- Despite lingering controversy, the City Council will not ask the Attorney General's Office to review the legality of a zoning board meeting overseen by a member whose term had expired. Council member John Kendall called for the inquiry Monday after challenging City Attorney Clark Stillwell, who concluded that a Nov. 14 zoning decision was valid because a quorum existed without chairman Harry Chisholm. Kendall said Chisholm did not have the legal authority to convene the meeting and therefore the decision should be thrown out. "If something has been done wrong, do we turn our face and look away?" Kendall asked. At issue is a decision allowing businessman Ed Tolle to move a billboard from land he sold to the state. Tolle had argued that former building official Walt Brown misinterpreted an ordinance banning a billboard within 1,000 feet of another. Brown, who turned down Tolle's request, said the ordinance was good for either side of the road; Tolle said it applied to one side of the road, consistent with state law. The zoning board agreed. Chisholm complicated matters. He had returned from vacation and said he was unaware his term expired Sept. 30. No one at the Nov. 14 meeting informed him of this. "Believe me, I'm only too happy to end my service on this board," Chisholm said during Monday's meeting. Most of the council seemed satisfied with Stillwell's response that the decision was still good because a quorum existed. Four zoning board members were present that evening but only three were needed for a quorum. The attorney also said case law supports a "holding over" doctrine in which an appointed board member can continue to serve until a successor is appointed. Stillwell, who has represented Tolle and billboard interests in the past, said his interpretation was vetted by several other experts, including the lawyer for the Florida League of Cities. While Kendall's effort to push the matter to the Attorney General's Office died with a 4-1 vote, it is not entirely resolved. Several people who were on the council in 1997 have asserted that it was their intention to ban billboards within 1,000 feet of each other, regardless what side of the street they are on. But that nuance never made it into the ordinance, which stated no billboard could be placed within 1,000 linear feet of another. "The lesson for us in the future is to really read our ordinances well before we pass them," Mayor Ron Kitchen said. The only recourse now would be to listen to audio tapes from official meetings to determine legislative intent. At least one resident, former council member Paula Wheeler, began to review the tapes last week. "So far, there has never been any verbiage about billboards being allowed 1,000 feet on either side of the street," Wheeler said. "The only thing I've heard is 1,000 feet from any other billboard." In other City Council news: HARBOR ISLE COURT: Several months ago, the council agreed to run water lines to Harbor Isle Court, a subdivision just outside city limits. The work at the time was estimated to cost $38,500, with all but $12,835 paid by a grant. The homeowners would pay the rest. But when the project was put to bid, the lowest estimate was $57,000. There is no more grant money, leaving open the possibility that the homeowners will have to assume the difference. Before it comes to that, the city will look at two options: First it will rebid the project, hoping someone can do it for less. Another possibility is to use U.S. Filter employees to do the work. U.S. Filter operates the city's utility. CITY CLERK HONORED: Mayor Kitchen honored a number of volunteers, including Bud Kramer for his efforts to put American flags along U.S. 19 and State Road 44. The mayor also thanked Shirley Carroll for her many years of service as clerk. She is retiring early next year. "I really enjoyed working for the city of Crystal River for 21 years and I'll really miss everyone," Carroll said. WATER RESTRICTIONS RELAXED: The council voted unanimously to allow an additional day of watering. Residents, regardless of their address, can water on Tuesday and Friday. Watering is prohibited from 9 a.m. to 5 p.m. LAND DEAL PROPOSED: The owner of a valuable piece of waterfront property on NW Third Street has offered to sell the land to the city for $350,000. Though early in negotiations, the city hopes to use grant money to purchase the land and integrate it with larger plans for a waterfront park and boardwalk.
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