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09-11-2000 - Regular '-" ,..... CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 11, 2000 IKKEDIATELY FOLLOWING SPECIAL MEETING COKKUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:50 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 Police Chief Lawrence Schumaker Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present Present APPROVAL OF MINUTES A. Reaular Meetina of Auaust 21. 2000 Councilwoman Lichter moved to approve the August 21, 2000 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS I PROCLAMATIONS I PLAQUES ICERTIFICATES I DONATIO NS A. Representative Suzanne Kosmas to present ceremonial check ($150.000 arant) for ballfields at Hawks Park Recreation Center Representative Suzanne Kosmas feels the City hiY a home run. It was her honor to deliver the ceremonial check of $150,000. It is City staff that did the work. B. Southeast Volusia Humane Society Director Susan Soule to discuss Society's operations and answer questions from Council city Manager Hooper informed Council of the suggested question list he came up with. He is working on the interlocal agreement for service. They should have that on the agenda for the first meeting in October. Ms. Soule has passed out information regarding statistics. Susan Soule informed Council what was in the packet of information and if they have any questions after tonight, they can feel free to contact her at the shelter. Ms. Soule went over the list of animals received from each City they serve from FY 98/99 and 99/2000. Councilwoman Lichter asked if identification is asked of the person dropping off an animal so they know where it is from. Ms. Soule commented on the information that is asked for. Councilwoman Lichter spoke about five phone calls she has received in the past three months concerning various questions and situations with the Humane Society. She has a fiduciary responsibility when she is dealing with $17,000 of taxpayers money and a private organization. Her main concern is the animals. ~ ...." Ms. Soule referred to the second page from FY 98/99 listing the total number of animals adopted, claimed by owners and euthanized. They don't yet have that information for FY 99/2000 because they still have a month to go. Councilwoman Lichter stated almost 3,000 animals have been put to sleep. She has been told two different view points: 1) the Humane Society's purpose is to make sure animals are not treated cruelly and she appreciates that and 2) to find homes in many and any means possible. She spoke in terms of rescue operations and foster home type setups. She feels there may be five to ten ways of not putting an animal to sleep. She asked if they are really doing everything in their power. Ms. Soule stated they are doing everything possible within their means as of right now. It takes volunteers, foster homes and money. Councilwoman Lichter feels with this volume being put down, that is a subject she would like to get back to in terms of five days verses three. Ms. Soule stated it is a mandatory seventy two hour period. There is rarely a case that they don't hold it two or three more days. Through the ordinance they don't have to hold them if they don't have identification on them. They will hold an animal as long as they possibly can which gives the owner a chance to claim it. If it is not in good health, they don't do that. They won't let the animal suffer. Ms. Soule further spoke about holding periods affecting them in a way of cage space. She referred to page three. Councilwoman Rhodes spoke about taking animals from so many areas and not having the facility to handle it. Ms. Soule stated they haven't taken on any more cities for five years, other than the east side of Deltona. They don't turn any animals away. Councilwoman Lichter feels the name, Southeast Volusia Humane Society, is what fools people. She feels it is a tremendous undertaking to take on Deltona when they are such a small facility. She spoke about the number of cages available and an additional fifteen cages being added when a new facility is built. She spoke about Seminole County having a room for kittens, they aren't in separate cages. She feels this would save a lot of space having them altogether. She doesn't feel fifteen additional cages is enough. Ms. Soule stated they are trying to grow with the community with the budget they have. Norm Schlemmer explained the fifteen cages have been updated and they will have 48 more new net kennels. Ms. Soule stated that will bring the total up to 77. This is for dogs, they still need to think about more room for their cats. Councilwoman Lichter asked if some thought might be given to a cat room. Ms. Soule stated yes there will be. She further explained the additional kennels will free up the adoption space that they are now utilizing when they need to for quarantine space. Ms. Soule referred to the next page being the reasons for animals being euthanized. Councilwoman Lichter spoke about the leukemia situation and the tests that are done. Ms. Soule stated if they have sYmptoms of leukemia they will put them down. They don't test them because the test for leukemia would be per animal and would cost them $13.50 per animal. They would have to add that to the adoption cost, which they are trying to lower. Councilwoman Lichter asked her to look into a batch rate. Ms. Soule explained if they are negative they need the leukemia vaccine which is another cost. Mayor Schmidt asked the Council to save their comments until the end so they can get through this. After that they will go to the question sheet. Page -2- Council Regular Meeting September 11, 2000 -- """"" Mayor Schmidt feels the Humane Society has a thankless job no matter what. Ms. Soule continued her presentation regarding the vaccinations and wormings, which is part of the adoption package the people get, which states everything the animal has had and what it needs after adoption. This is outdated and there are a few more things that need to be added to it. Ms. Soule went over the adoption paperwork, the refund policy, and a post-pregnancy spay contract. There was further discussion regarding the post-pregnancy spay contract. Ms. Soule explained if an animal is adopted that is pregnant, the owner of the animal has to make the babies available to the Humane Society or can pay a fee to adopt each one. Ms. Soule spoke about having to keep in touch with the people if they are going to foster the babies until they are old enough. They are the property of the Humane Society. Mayor Schmidt has a problem with that wording. He feels they should be told if your animal is pregnancy, here is what is going to happen. He doesn't see that in there. Ms. Soule stated she is willing to reword that. Councilwoman Rhodes stated this leaves the option up to them. If ten years down the road this contract is still in effect and Ms. Soule is no longer doing the job, whoever is doing the job can take this at face value. Councilman Vincenzi asked if that happens quite a bit. Ms. Soule informed him no. Councilman Vincenzi asked if the owners wanted to have the offspring neutered and spayed through their own vet, would they allow that. Ms. Soule stated yes but she would have to keep close track of every animal. Councilman Vincenzi asked if they charge to keep track of them. He thinks a lot of people have a problem with them wanting them back because they want to charge the adoption fee. Ms. Soule stated their concern is they are the property of the Humane Society and under State Statute they have to make sure the animals are getting good homes as well as getting spayed or neutered. Councilwoman Rhodes and Councilman Vincenzi agreed this should be reworded. Ms. Soule went over the disclosure and release form and the free health exam certificate that every adopter gets with an adoption. Councilwoman Lichter feels with the size of Deltona, they would have their own facility. Mayor Schmidt referred to the list of questions. Councilwoman Brown spoke about heart worm. He questioned if any animal is destroyed if they have heart worm. Ms. Soule stated it depends on the animal and if they are able to contact a rescue group. Councilwoman Lichter spoke about the three days verses five days and the hours. She feels this all has to do with the availability of getting your pet back if it is lost. She is hoping they could change it to five days and that this might be taken into consideration. She feels the hours are prohibitive for working people. She suggested changing the hours on certain days to different hours. Ms. Soule stated if the owner is a responsible pet owner it will have some kind of identification on it and they would contact the owner during business hours. If they know there is an owner, the animal will not be put to sleep. Councilwoman Lichter spoke of collars coming off of animals. She is not trying to say because an animal is not identifiable it is not a responsible owner. Maybe they aren't accommodating working people. Ms. Soule stated that is something their board has been considering. Page -3- Council Regular Meeting September 11, 2000 ... ...." Councilman Vincenzi asked what the fee that is charged covers. Ms. Soule stated it covers the cost of adoption, spay or neuter fee, medication, and vaccinations. Councilman Vincenzi asked if that is done after someone comes in and says they would like to adopt an animal. Ms. Soule explained if the animal is available for adoption it has already had a health exam by the employees and been given the worming medicine, the distemper vaccination, a bath, nail clipping and ear cleaning and whatever else is needed. Councilman Vincenzi asked when they go through the spay/neuter process. Ms. Soule explained they don't, it is after the adoption. Councilwoman Lichter referred to the list of reasons animals are put to sleep. She asked if one person at the shelter makes that decision. Ms. Soule stated she makes that final decision. Councilwoman Lichter asked about unadoptable animals. stated an animal that is unadoptable is an animal that there for three or four months, available for adoption need to make room. Ms. Soule has been and they Mayor Schmidt likes the eight days that New Smyrna has. He knows the Humane Society has to grow in order to be able to do some of this. He also spoke about the hours of operation. He suggested one night, having it open until 6 or 7 p.m. Councilwoman Rhodes feels it might help with adoptions as well. Ms. Soule stated you are looking at paying employees for that time too. Councilwoman Lichter stated there are a lot of volunteers such as children helping out. Ms. Soule stated you can't expect a child to adopt out an animal to someone. She spoke about the volunteers they currently have. Ms. Soule again stated this has been discussed by the Board and they are working on it. Mr. Schlemmer stated they would be glad to entertain the five day period. It is not a problem. He informed Council it will change their agreement financially. They are honoring last year's agreement which was $17,000. If they were charging Edgewater what the County is paying them, 776 animals X $37 is way more than $17,000. They will have to adjust it if they go to five days but they are perfectly willing to do that. Councilwoman Lichter stated they always leave these matters to the City Manager. That $17,000 figure has been in effect for almost five years. Before that the price was $15,000. The reason for the increase was because they had to payoff the incinerator. A gentleman in the audience stated that is partially true. When he came on board, there was no contract with Edgewater because that Council was upset with the Humane Society and they were taking animals all the way to Halifax. He attended about six meetings in Edgewater until they finally had an agreement at $11,000. It stayed that way for a long time based on the animals. They want to have a working relationship with Edgewater. Councilwoman Rhodes asked what kind of increase they are talking about. He didn't know off the top of his head and agreed to let them know tomorrow. Mary Lee Cook explained the way they normally determine what it costs to keep an animal is as soon as they finish a fiscal year and they will out their income tax return to the federal government, there is an area on the form called Program Services. That is what breaks down what it actually costs to take care of the animals. It has nothing to do with accounting or interest. When they get that figure, they divide it by the number of animals they take in during the year and that is how they determine how much it will cost. Last year it was $37.01. Page -4- Council Regular Meeting September 11, 2000 ...... ..." Ms. Cook further explained they do have a little flexibility which they have used with Edgewater for two or three years. There are a lot more animals coming from Edgewater than what the $17,000 is covering. If they are going to have those two extra days, they will have to wait until they get through the month of September, prepare the tax return, see what the Program Services figure comes to and strike a happy median with the City. Ms. Cook spoke about even still at $37 per animal. anything that is donated. petting zoo. Ms. Cook stated they have not reached any agreement with the City of New Smyrna at this point in time regarding the seven days. with the donation of food they are They don't take into consideration Councilwoman Lichter spoke about the Councilman Brown stated it seems like Edgewater has an awful lot of animals. He asked what percentage is brought to them by the Animal Control Officers and how many are brought by citizens. Ms. Soule explained the bulk is brought by the citizens. Ms. Soule spoke about a surrender form they have. Councilman Brown spoke about the residents that are gone during the summer months and he doesn't see the numbers dropping during that time. Obviously these people don't leave their animals behind. He feels it seems like a high number for a city of our size. Mayor Schmidt stated he thinks the big thing with them is that they as a City they haven't really had a dialogue with the Humane Society over the last several years and they are trying to get one. with their responsibility to the citizens, they want to make sure the Humane Society can give us what we need and that they are growing with the population. Mayor Schmidt thanked the Humane Society for coming. Ms. Soule stated the Humane Society needs the support of the communities it services in order to take care of the homeless animals. Their lines of communication really need to stay open. City Manager Hooper stated he is putting together an agreement between the city and the Humane Society which he is scheduling for the first meeting in October. The three days verses five days they will get a price. By then they will have some further conversation over rotating hours. That is what he thinks Council wants him to look at. Mayor Schmidt stated he would hope they could be in contact with New Smyrna and try and make the agreements as close as possible. Community wise, things are pretty much equal. City Manager Hooper stated New Smyrna has asked that. It looks like we will have a draft first and they have asked to use our draft. Ms. Soule asked Council to consider the fact that there is limited cage space and the longer they have to hold them before they can offer them for adoption the less will be available for adoption because they will be holding strays longer. Virginia Roach, New Smyrna Beach, 30 year volunteer for the Humane Society, thanked the Mayor and Council for their concern and comments tonight. It is a thankless job and those of us who have been volunteering at the Humane Society get hurt and offended by the allegations that are made by people on the outside who have probably never visited an animal shelter. She complimented the staff at the Shelter who have done so many wonderful things throughout the years under the most adverse conditions. There is a lot of emotion that is attached to this kind of organization. The biggest problem with the overpopulation of animals is because people will not spay or neuter their animals. Page -5- Council Regular Meeting September 11, 2000 '-" ...., Ms. Roach stated she has tried to acquaint the city commissions and County Council that they must do something to prevent the breeding of animals. She has recommended a mandatory spay and neuter program. Until they do something in that order, this will always continue and as the population grows it will get worse. She asked Council to give consideration to that. That would go a long way to eliminating some of the horrendous expense involved in taking care of animals that are there by irresponsible people. She further spoke about keeping adequate staff. CITIZEN COMMENTS Lynn Englehart, Travelers Palm Drive, stated she does rescue. She stated her experience with the Southeast Volusia Humane society has been met with opposition. They look at the rescue people as a competition with them rather than what they are here. They don't want to use technology or resources they have. They feel by getting into their network of other rescue people across the State, that is a violation. It seems to her they are more willing to euthanize an animal than to relinquish ownership of that animal and put it in a proper home so it can be loved and taken care of. She has been a resident of this City since she was five years old and that Humane Society is in pitiful condition. Dominic Capria, 606 Topside Circle, referred to the $25,000 Senior Exemption. He stated at the workshop meeting the council voted for a $25,000 exemption. That is a consensus but since they voted for the $25,000 he feels it should be added into this ordinance reading $25,000 additional homestead exemption. Ms. Matusick stated in the ordinance it does say that. Mayor Schmidt stated it says it in the first paragraph in the background for up to $25,000. Councilwoman Rhodes stated in the ordinance itself it says, entitlement to additional homestead exemption under Section 9-27. Mayor Schmidt stated he doesn't think anyone sitting there is going to say $15,000 tonight. If they need to cross out a word, when they get to it, they will make sure the $25,000 is in there. Mr. Capria spoke about the water rates he brought up last month and wondered if anyone had done any homework on that. City Manager Hooper explained he spoke to the County and the rate structure he is talking of, such as Hacienda, are changing next month. They are going to the full rate structure that the rest of the County is using. Their rates will be whatever the County's standard rates are but there will be a significant increase. Mr. Capria asked if they will be close to ours. City Manager Hooper stated they will be higher than his. Richard Jones, 1530 Sabal Palm Drive, stated Steve Dennis of the Chamber has been very supportive of Edgewater over the years. He feels good money is being put there and it is not being wasted. Mr. Jones stated he has been very interested in the activities of the City Hall Siting Committee. He agrees we definitely need a new City Hall but he doesn't agree with the location. If they don't use the present location they will miss the best available site in the City. He feels Council should consider keeping this right where it is. He mentioned the sale of this property paying for everything they ever wanted. He doesn't believe it will but at the same time he thinks they would giving away one of the prime characteristics of this City. He doesn't feel they have the consensus for moving City Hall. He suggested relocating the Police Department on U.S. #1. He feels it would slow people down. He expressed appreciation to Chief Schumaker for the job he has done and he is sorry to see him leave. Page -6- Council Regular Meeting September 11, 2000 ~ ...., Mayor Schmidt stated it is safe to say they haven't ruled out this site either. City Manager Hooper asked City Clerk Wadsworth when the next meeting is. She informed him Wednesday. City Manager Hooper informed Mr. Jones that is a public meeting. Mr. Jones asked what time the meeting is. City Manager Hooper informed him 8:00 a.m. and told him he should show up and voice those concerns. Mike Visconti, 316 pine Breeze Drive, brought Council up to date on the World War II Memorial Fund. The check has been sent to Washington D.C. for $479. In New Smyrna there is a World War II Ace of the u.S. Navy who has shot down some Japanese planes. They are trying to bring this gentleman to the schools to explain his heroic duty during World War II. His name is Frank Bolt. Frances Jones, 174 Clinton Cemetery Road, spoke about there being hundreds of rescue groups around the State of Florida for different breeds of animals. She has a list of those rescue facilities and will make it available to anyone that wants to see it. She explained what rescue does and what foster homes are. Councilwoman Lichter asked her if she has been working with the Southeast Volusia Humane Society. Ms. Jones informed her she did for a while but she doesn't anYmore. She does know the shelter workers, the kennel people and the cat people do their very best with what they have available to them. The problems at the shelter are more executive than employee. She has contacts all over the country and she does rescue by the Internet. Ben Wagner, 2922 Unity Tree Drive, stated he found it a little disconcerning to hear the lady say if he adopted an animal and it turned out to be pregnant that he didn't own the babies. He feels this is ridiculous. He wanted to ask them if he decides not to give the kittens back what is the next step. There has to be some means of straightening this out. Councilwoman Rhodes stated she thinks their point was they wanted to be sure all those babies were spayed and neutered. Mr. Wagner stated their point was they wanted the money. Liz Scavarda, 107 Marion Avenue, stated all the pregnant cats and dogs she has seen come in never walk through the door with an owner holding it by a leash or in its arms. They are all strays and they don't know where they come from. Mayor Schmidt denied anYmore comments regarding the Humane Society. There are many issues that are going to keep coming up. He doesn't know if this would be a separate workshop or what it might have to be but it is obvious there are many issues on both sides. City Manager Hooper stated for the most part they aren't City Council issues. They have the Humane Society and a Board. These issues are to be dealt with by that private corporation. Our issue is a finance issue that they are going to charge the City and they will deliver a service. His obligation is to deliver to Council a contract. He has seen this in several other places and it is not unusual and it is highly emotional. When you have more animals than space something has to give and nobody likes the idea of putting an animal down. CITY COUNCIL REPORTS Councilman Brown spoke about an accident he saw recently. The Police and Fire Department showed up. The person driving was trapped in the vehicle. He parked on the side and watched the Fire Department and Police at work. We have professionals. There was no wasted movements. These people work together. Page -7- Council Regular Meeting September 11, 2000 '-" ..." Councilman Brown spoke about how beautiful the medians look. He is happy the City is looking as well as it is. He has a couple of new businesses that have started in his district and he thought it would be nice if the City would send a letter thanking them for choosing Edgewater to be their business. Councilman Vincenzi feels the medians look beautiful except for a pipe sticking out of the ground of one of them. City Manager Hooper is going to see if he can get some shrubbery planted around it to try and hide it. Councilman Vincenzi spoke about the place on Park Avenue that has a thirty foot pile of cinder blocks. City Manager Hooper explained they cited them for a code violation. They asked for a grace period while they had the property under a contract. He is not sure where it has progressed. Planning Director Lynne Plaskett stated she had a meeting with Charlie Wheaton and the new owners and she explained their concern about the beautification of Park Avenue. The new owners have not closed on the property pending their D.E.P. permit for their operation over there. She asked them to stop stockpiling more materials. They aren't doing any rock crushing there. She asked them to move all of the dirt back away from the right of way to get the concrete blocks away from the trees. They are trying to take some of the stuff away. You probably won't actually see a lot of it gone until they close on the property. Councilman vincenzi asked if someone bought that property. Ms. Plaskett stated they are under contract to purchase the property. They are going to clean it all up. Councilman Vincenzi stated he brought it up because of the tractor sitting on top of the pile of rock and it looks dangerous. City Manager Hooper stated they have talked to the State and everybody is aware of it. They have told them they can't crush and use it for what it is intended. He had asked for this specific time to be able to sell and close on the property. Mayor Schmidt had nothing at this time. Councilwoman Rhodes feels the City Hall siting Committee has a good focus going and a good thought process. They are a long way from selling City Hall or anything being built there. She reassured everyone that this City Hall will be here probably for a good while yet but we are trying to make some provisions for the future because they have to do that. That Committee is headed in the very best direction it could be headed in. She encouraged everyone to attend a meeting. She commended the Committee for so quickly setting the priorities and knowing what they want. city Manager Hooper stated those meetings are posted and if any Councilmember would like they can go to those meetings. That is a Committee working for Council and he always advised Council to stay away from them. Councilwoman Lichter spoke about the Litter Prevention Committee. There is now fifteen members. They are working on Adopt-A-Street and the Clean Scene Day. Councilwoman Lichter spoke about the Manatee Plan. For seven years the Halifax Indian River Task Force has been working on this plan. She further commented on some items included in the plan. At the March meeting of the Task Force, everyone of them voted to be supportive of a plan that included Marina Siting. Speed was pulled out of the plan because the State wants to consider the speed issue themselves. They have now been told the Marina Siting also got pulled out. Now they have rather a watered down plan. Page -8- Council Regular Meeting september 11, 2000 ...... ,..., Councilwoman Lichter spoke in terms of her vote of her supporting the original plan. She spends a lot of time in the river and spoke about how the manatees come right up to the boat. Councilwoman Lichter informed Council in October it will be discussed with the County Council and the State. The Governor has mandated a Manatee Plan so something has to go through. Volusia County is fourth or fifth for manatee deaths in the State. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2000-0-18. Amendinq Ord. No. 99-0-04. section 10 (Disabilitv Retirement) Suboaragra~h (1) of the Firefiqhters' Pension Fund City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt opened and closed the public hearing due to there being no comments. Legal Assistant Matusick read Ord. 2000-0-18. Councilwoman Rhodes made a motion to approve Ord. 2000-0-18, second by Councilwoman Lichter. The motion CARRIED 5-0. B. 2nd Reading. Ord. No. 2000-0-14. Establishinq comoliance with statutory requirements to Chaoter 185 of the Florida Statutes. and amendinq Ord. No. 99-0-08 which restated the Police Pension Plan city Manager Hooper made a staff presentation. The effective date is October 1, 1999 and it is for members who were active on- duty at that time. Mayor Schmidt opened and closed the public hearing due to there being no comments. Legal Assistant Matusick read Ord. 2000-0-14. Councilman Brown made a motion to approve Ord. 2000-0-14, second by Councilman Vincenzi. The motion CARRIED 5-0. C. 1st Readinq. Ord. No. 2000-0-21. Amendinq Chaoter 9 (Finance) bv Establishing Article III (Additional Homestead Exemotion for Senior citizens) City Manager Hooper made a staff presentation. Staff recommends approval. Legal Assistant Matusick read Ord. 2000-0-21. Mayor Schmidt opened the public hearing. Mr. visconti spoke of the tough time his cousins had at the Property Appraisers office filing for this. They had to bring their W-2 form, their tax report and they have to write a letter why they are late filing. He informed them the Council hasn't approved this yet. According to them, they were supposed to file by March 1st of last year and it costs $15. City Manager Hooper explained they were only qualified for the County's portion of their property tax. He spoke of the criteria and the need for documentation. He recommended to council they wait and go through the process they have adopted this year. This will kick in the following year for residents. Page -9- Council Regular Meeting September 11, 2000 'W' "",., Mr. visconti asked if you have to file every year. Finance Director Michele Goins informed him yes. Mayor Schmidt closed the public hearing. Councilman Vincenzi made a motion to approve Ord. 2000-0-21, second by Councilman Brown. The motion CARRIED 5-0. D. 1st Readina. Ord. No. 2000-0-22. Amendina ChaDter 12 (Offenses & Miscellaneous Provisions) bv establishing Article IV (Adult Entertainment) City Manager Hooper made a staff presentation. The purpose of this ordinance is to restrict sexually oriented businesses and adult entertainment establishments. There will be a second ordinance coming back that will help them define in what area of the City. They have to come up with a zoning category for adult establishments. They have to have somewhere. Councilwoman Rhodes referred to Page 3 where it says in order to preserve and safeguard the good order, health, morals, safety and general welfare of the people of the City. She doesn't think they have the job of legislating morals. She asked if that can be taken out of there without causing problems. City Manager Hooper stated yes. He agreed to talk to City Attorney Cookson. Councilman Brown asked if this will effect any of the stores that sell Playboy. city Manager Hooper informed him no. Councilman Brown spoke about Page 4 where it mentions books and magazines. City Manager Hooper stated the worst it would do is covers on some of those type magazines. Councilwoman Rhodes asked about x- rated videos. They exist in this City. City Manager Hooper stated it does not effect it. Councilwoman Rhodes stated when she read it she thought it did. Councilwoman Lichter asked if City Attorney Cookson has seen it. City Manager Hooper stated he drafted it. Legal Assistant Matusick read Ord. 2000-0-22. City Manager Hooper referred to Page 6 section 12-77. They are only prohibiting people closer than six feet having a sexual orientation or display. Mayor Schmidt opened the public hearing. Mr. Jones stated he has been under the impression that moral standards were the things which established whether or not these type activities could be conducted within your city. Does it mean they have to legislate these things as a result of Supreme Court activity? City manager Hooper explained it means if you don't have a legislation to stop it, it can come in and then you are faced with the Southern Building Code. Councilwoman Rhodes feels morals is too broad because one person's morals may be different than someone else. If you take the word morals out of there, then it is explicit enough to where pretty much everything is covered. Councilman Vincenzi made a motion to approve Ord. 2000-0-22, second by Councilwoman Lichter. The motion CARRIED 5-0. E. Res. No. 2000-R-13. ADDroval to obtain a visa credit card and authorize the Mavor to enter into an aareement with First Union City Manager Hooper made a staff presentation. Page -10- Council Regular Meeting September 11, 2000 ...... ....., Mayor Schmidt opened and closed the public hearing due to there being no comments. Councilwoman Rhodes made a motion to approve Res. 2000-R-13, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. Council confirmation of appointing Councilwoman Lichter to the Southeast Volusia Humane Society's Board (from Auaust 21. 2000 meetina) B. Citizen Code Enforcement Board Appointments (2) - Councilwoman Lichter and Mayor Schmidt. respectivelY. to consider Board's recommendation to reappoint Linda D. Johnson and Georae Ann Keller for another three (3) year term Councilwoman Rhodes made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. U.S. Customs Service - staff reauesting appointment of Detective David Arcieri to the Blue Lightenina strike force to assist customs officers and authorizing city Manager to execute the Agreement City Manager Hooper stated staff recommends approval. Councilman Brown moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Apparatus Driveway Replacement - staff reauestina approval to award F & M Concrete Construction Company to replace deterioratina apparatus driveway and reseal the parkina lot at Fire station 55 ($18.050) City Manager Hooper made a staff presentation. Fire Chief Tracey Barlow informed Council it is the whole concrete area. It is 30 years old and beyond repair. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. C. Off-site Wall Signs - staff recommendina approval for the ~lacement of two (2) temporary off-site wall sians at 100 N. Ridaewood Avenue for Royal Oaks mobile home park City Manager Hooper made a staff presentation. Councilwoman Rhodes moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper 1) Ratification of FOP union contract 2) possible ratification of PEA and SPEA union contracts pendina results of votina scheduled for September 6th Page -11- Council Regular Meeting September 11, 2000 '-" ...., City Manager Hooper ratification votes. motion from Council PEA and SPEA. informed Council they have the three union They were all approved. He asked for a to accept the ratification done by the FOP, Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. CITIZEN COMHENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:50 p.m. Minutes submitted by Lisa Bloomer Page -12- Council Regular Meeting September 11, 2000