Loading...
07-02-1990 - Regular 'w . "II".J~ , ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 2, 1990 MINUTES Call to Order Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Invocation. Pledge of Allegiance Reverend Frank Campagnone, retired Roman Catholic Priest, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting & Public Hearing of May 30. 1990 (rewritten) Councilman Gold moved for approval. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Regular Meeting of June 18. 1990 Councilman Hatfield moved for adoption of the minutes of June 18th. Council- member Bennington seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum advised of the three minute ruling unless Council wishes otherwise. Tanya Wessler, 3109 Travelers Palm, had a petition for a bike path to go from Silver Palm to the school on 30th and from Indian River Boulevard down through 35th on Needle Palm. She said there are over 600 kids going to the new school and nobody will be bussed. She pointed out there's a lot of traffic and they have to get over for bikes and need curbs for the bike paths. Mr. Johnson explained the plan is for a sidewalk type facility along 30th from the extreme West end to the school with an area between the facility and the street of about 4 to 5 feet, but some areas won't be, and there will be reflectors there. He added they'll have to do some extensions of culverts because they don't have a right of way. He further explained that in the future there will be a permanent type but they're getting specifications for bids and Council wants it finished by November 1st when school starts. Mrs. Wessler asked if there will be a guard rail. Mr. Johnson replied it will be a pipe, the City can't afford guard rails from one end to the other. Mrs. Wessler asked if the City can afford to be sued. Mr. Johnson replied no, explaining they're not required to put a sidewalk there and Police are aware there will be a school there. He added the paved area will be to walk and ride on and will cost about $100,000 or more. Mrs. Wessler asked if they could find money for the guard rail. Mr. Johnson stated the guard rail isn't the solution but to get the facility off the street for the children. Mrs. Wessler stated her children won't go to any school if there won't be a safe bike path. Mr. Johnson pointed out children also walk on Park Avenue and 442 daily and Council changed priorities to put it along 30th and Roberts Road. He added the other is an enforcement problem and Police will work on Roberts mornings and afternoons. He said they hope to build a lot more bike paths in the community. Mrs. Wessler said she'd heard there will be one Police officer for the school. Mayor Mitchum suggested the plans be brought back and they'll hold a workshop and they can present the petition then and everyone can look at the plans and give their input, as he shares her concern. Mr. Johnson explained the procedure is to go out for bids and come back to award the bid. Mayor Mitchum suggested the procedure be changed. Mayor Mitchum noted it's off the roadway in most places but it will have to come in a couple of places because of the canals crossing it. Mrs. Wessler asked if it will be a public meeting for all parents. Mayor Mitchum suggested it be a workshop for next week and if there are areas of concern they can look at it. Counci lmember Bennington stated she has no problem. Councilman Hatfield suggested it be set under Council Reports and Mayor Mitchum agreed. ~ .. CITIZEN COMMENTS (Continued) John Lee, 2948 Needle Palm, spoke regarding the problems residential homebuilders are facing with public distinguishing them from regular homes and they have open house flags in the front yards and now the Code Enforcement Board is citing the homebuilding for violations. He stated the builders need to set the open houses apart from the average house and the open house is usually attended by a full time person. He pointed out they bring a lot of jobs into Edgewat~r and should be helped. He stated a lot of builders have found you get around the Code by placing an American Flag in the front yard and they're being forced to it by Code Enforcement. He said they shouldn't fly the U.S. Flag in this manner. He asked that Council not allow this disgrace to continue and adopt an ordinance that the flag can only be kept out Monday-Saturday 8 to 6. He said they should be allowed to put 8 by 10 flags at their entrance. Frank Roe, 2732 Juniper Drive, stated he goes out of town often and usually has his mail forwarded and leaves a deposit with the Council to cover the bills but this time he was only gone two weeks and they didn't forward his mail and when he returned home he had no water. He said he arrived late at night and called the Water Department the next morning and they said he owes the May and June bills. He stated he never received the May bill and found the June bill when he picked up his mail at the post office. He added he was told he has to pay a $10 penalty charge but he has a deposit with the City for two pieces of property and with his record of payments in the City there1s something wrong when he1s treated like this, and his credit is not bad. He suggested the law is faulty because they could have someone sick in the house and their water is shut off. He said he doesn1t see why he has to pay the $10 charge since Edgewater has his money and if they don1t want to use it, they should return it. He asked Council to look into it because there could be a case with someone with excellent credit and the City could be sued. Tom Sheridan, Florida Shores, stated the main thrust of the Charter Review Committee is to get extended terms of office for elected officials and staggered terms. He said he's asked questions at the committee meetings and outside the meetings. He asked why it's being pursued. He said they have stated a person elected for a public office learns the ropes for 6 months and spends 6 months running for office, but he thinks anyone qualified for office should know before hand what the issues are and should know the solutions. He stated that shouldn't be the criteria for an extended term of office. He said they want staggered terms because they claim there will be continuity and to have well versed people after every election. He said we have two people now with past experience and he doesn't see anything great they've done in the past two years. He stated the review is incomplete, insufficient, and unacceptable. John Siburn, Connecticut Avenue, stated he agrees with Mr. Sheridan and feels 2 years is long enough and if Council does a good job they'll get another two years. He said they don't have to ask Council anything, they go to the City Manager, City Attorney, Finance Director, or City Engineer. He said if it weren't for the law, they wouldn't need a council because they have enough intelligent people to tell them what to do. Art Lloyd, 3130 Victory Palm, President of United Taxpayers of Edgewater, stated two weeks ago he asked 10 questions of Council and distributed copies of the questions to Council and the news media and to date he's had no answer. He requested an answer tonight or in the near future. He stated he agrees with Mr. Sheridan that 2 years is a long time and if they get someone in with an empty suit or empty skirt, 3 years will be too much. Mr. Lloyd stated Mr. Roe made statements about when they pay the bill on time and the water smells like an aquarium. Mr. Lloyd said regarding qualifications of the Chief Building Official, the Fire Chief, it's come to his attention that it must be a State certified position and he has a mail order card that entitles the bearer to work under an architect. He asked if the City waived the requirement and if so, when this waiver was undertaken. Mr. Lloyd stated two weeks ago he asked regarding Ordinance 81-0-28,d, about the East-West of Roberts Road as a thoroughfare. He asked if Council came to a decision on deleting this as a thoroughfare. 2 Council Regular Meeting Minutes July 2, 1990 ~ ~ CITIZEN COMMENTS (Continued) Art Llovd (Continued) Mayor Mitchum stated the list is being worked on and the City Manager will be contacting him. Mr. Lloyd asked about the qualifications for Chief Building Inspector as held like them to prove or disprove what came to light. Mayor Mitchum stated the City Manager will respond to that. Mr. Lloyd asked if the United Taxpayers of Edgewater will receive a written communication. Mr. Johnson replied helll go through all the papers with him and he's certified in all areas and there's no mandatory certification. Mr. Lloyd referred to the Southern Building Code. Mr. Johnson said they require certain credentials, and he'll call him and go over it with him. Jim Inman, 2948 Travelers Palm, stated it was called to his attention the City is mandating certain business people to buy fire hydrants to put in before they get an occupational license after the building1s been there so many years. He said he checked on this and the following cities have the same procedure with installation of fire hydrants, the Fire Department has a budget, Public Works installs them and bills the Fire Department for them: Daytona Beach, South Daytona, Daytona Beach Shores, and Port Orange. He said South Daytona charges big developers for fire hydrants in their subdivision and the Fire Department then maintains them. He read section 19-20 of the Code regarding the City paying not less than $50 per year per hydrant. He asked who will get the $50 if they require business people to buy and install them. Councilman Fish said he's not familiar with that section of the Code. Mr. Inman stated a Council member has had a Code Book for almost 2 years and he'll be surprised what's in it if he reads it. Councilmember Bennington said her understanding is the City shall pay not less to the credit of the Water Utility and the General Fund pays the water utilities for the rent of the hydrants and it goes from General Fund to Water Utility, which is an enterprise fund. Mr. Inman asked who will pay the 50, or if the City will pay it. Councilmember Bennington said it reads that it comes out of the general funds. City Attorney Alvarez asked if that's the practice. Mr. Johnson replied yes, and the one item has nothing to do with the other, one is having the protection available and the other is the rent for the water used. He added that some area cities require the developer or business owner to put the hydrants in and Council will consider that policy later. Mr. Inman asked him to name one city. Mr. Johnson said the City of Cocoa Beach has a policy that if you build a building and it's not there, it's your responsibility to put it there. Mr. Inman said he can understand if a big developer is going to put in a subdivision but when itls a building that's existing and due to lack of attention by the City itself not putting a fire hydrant there or putting 2" lines when fire hydrants require 6" or large, the business people have to pay for the City's mistake. Mr. Johnson agreed it was a mistake and should have been done when it was put in but it wasn't done and the final decision is up to Council. Mr. Inman recommended Council take into consideration not requiring business people to pay for something that was the City's mistake. Tom Owens, 1864 Travelers Palm, spoke regarding the Building Official. He said under electrical in the Code the City adopted the southern Building Code Congress Building Codes as if it were set down herein and it specifically states the requirements for the Building Inspectors and Building Officials and their removal. He said in the Code that was accepted there's a tenure requirement for Building Official, or equal. He said he talked with a man in Birmingham today who said it would be up to the City to make a determination of what they'd consider "equal" and the man also said he'd be glad to receive a letter from the City and will respond regarding what is and what is not qualification, but they don't get into personnel matters. He suggested it might be a good idea to settle it. He stated he has no situation regarding any personnel in the City and has come to know Bill Vola and likes him. Mr. Johnson pointed out there's been no change in the Building Official, he's the same one, Dennis Fischer, and there's been no recommendation and Council would have to make that decision. He added he's the Chief Building Official and is not a department head and he'll have that title until Council changes it. Councilmember Bennington noted it's Article II, page 480.3, regarding adopting the Standard Building Code and all amendments thereto. Al Keaton, 3129 Kumquat, referred to the many miles he drives daily and stated he almost killed two children riding bikes at night with no reflectors or lights. He asked they enforce the rules and regulations they have and get parents informed. 3 Council Regular Meeting Minutes July 2, 1990 .... .... CONSENT AGENDA Land Development & Regulatory Agency's recommendation to amend Section 607.00. Light Industrial District. to allow transportation services as a permitted use Mayor Mitchum asked if they want to address anything on the consent agenda. There were no comments. He suggested a motion to approve and accept. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Mr. Norman Billups re: revised City Charter - Mr. Billups read the following: "Let the words be heard loud and clear: A City without a Code of Ethics in the Charter is like a ship without a rudder. 1. The revised Edgewater City Charter should include a Code of Ethics stronger than the bare minimum as required by the State of Florida as well as Volusia County. The Code of Ethics in our Charter should prevent future councils from continually changing things around to suit themselves by enacting ordinances, thereby keeping the City in constant turmoil. Charter changes must be made by referendum. 2. Do not change present two year terms of office or election date. No staggered terms. 3. Delete salary amounts from Charter. Replace with "no raises in salary for Council persons shall become effective until after the next general election. 4. No Council person to serve on any board, agency or committee appointed by the Council. 5. One person should serve on one board or committee only. 6. Edge- water City Code, Section 2-29, Page 205, should be changed from 3 to 5 minutes. Citizens should be allowed under Citizen's Comments to address, discuss or question individual Council persons, City Manager, contractors and other staff members without obtaining permission from the presiding officer. The citizen's rights permitting free flow of information (freedom of speech) must not be abridged. This should be in the Charter as well as in the Administrative Code, thereby eliminating any future possibility of gag rule. 7. We, the citizens, respectfu lly request the Counc il to vote to return the proposed Charter to Committee for inclusion of a special section entitled "Code of Ethics". This section should outline in detail subjects as suggested by citizen input. This has been largely ignored by the Committee. Why they asked for citizens' input in the first place and then ignore it is most confusing. 8. Council persons, you will serve your constituents in a noble manner and save yourselves much criticism in the closing months of your terms of office by so ruling the proposed Charter be returned to Committee to include all above comments clearly stated. 9. I remember former Mayor Christy who stated, 'If you don't understand it, vote against it.' The last proposed Charter was defeated by 11 votes. This can happen again by including all those confusing terms of office options. Strike them out before history repeats itself. Thank you." Harry Jones re: upcoming City Charter, Harry Jones, 3035 Tamarind, complimented Council on the work done in the Community Center with the lights and the sound system. He stated he's not criticizing the Charter as a document and his comments could not be presented until the Charter was presented to Council in a consideration manner. He said he has some alternative suggestions for consideration: Page 3, Section 3.08, c,2, re: should the office of Mayor become vacant for any reason, and then they speak about replacing the Vice Mayor, and it would be a replacement within his zone. He asked if this would be by referendum or City-wide or just electors in that zone.: page 5, section 4.05, add to the end of the first paragraph: "All vacancies shall be advertised, applications received, and all applications be considered: same section, paragraph 2, after the words "City of Edgewater", add "and/or registered voters": same page, paragraph 3, add, "The Merit Board will report to the City Council via the City Manager for his comments on all recommendations and decisions"; page 5, 4.07, Administrative Code, add, "which shall be an addendum to the Charter": page 6, 5.03,5, re: 25 signatures and $25 for each position, but a person can only run for one so it should be changed to "the", and also add: "All City officials and/or employees charged with the responsibility for handling City of Edgewater mon i es sha 11 be bonded by regu 1 ar procedure. A 11 off i cers and employees charged with purchasing City supplies and/or equipment, or certifying vouchers or other requests for payments from City funds, will be certifying that the materials, equipment, or services specified by line item have been received, shall be bonded by the regular bonding procedure": in reading 112.313 and 314 of the State Statutes, they lack specificity in many instances and a Code of Ethics should be prepared and included in the Charter: also consider restoring the independent Board of Adjustments: insert a clause to the extent that no citizen or business legally operating in Edgewater would be required to purchase and install City equipment, such as fire hydrants; add "majority vote on all bond 4 Council Regular Meeting Minutes July 2, 1990 ..... ..., NEW BUSINESS (Continued) Harrv Jones re: upcoming City Charter (Continued) issues"; establish a Board of Ethics to investigate all complaints and report their findings to Council via the City Manager; establish rating stands for all Department Heads and City Manager; no Council member may be on any other board or committee; no one person can be on more than one board or committee; Police Chief and City Attorney to report directly to City Council; No political activities by any City official or any employee: two pages of alternatives on the Charter are very confusing and if it has to be this complicated, the last two pages should be removed. He stated he cannot support this Charter. Councilman Hatfield requested a copy of his statements. Mr. Ken Millard re: Charter and contents - Mr. Millard read into the record: II Start i ng about 18 months ago, as revea 1 ed in the tapes and mi nutes of the meetings, the Review Committee has had one single, overriding objective, to increase the terms of office of the Council and to stagger the terms. I know everyone denies this is so. But the record does not lie. It has been apparent from the beginning that the chairperson, Mrs. Bennington, intended to achieve her objective of longer terms and staggered terms by keeping these items in the Charter drafts, no matter how much the pub 1 i c sa i d they did not want them. Again, look at the public record. In scores of letters, in many, many in-person comments at Counc il meet i ngs, the pub 1 i c sa i d no to longer terms and no to staggered terms. Yet here we are, after 18 months of meetings, Mrs. Bennington's two pet items are right in there. But this time there is a sly little trap that should win a prize for political tricks. Let me explain. In the body of this draft Charter appears the normal two-year term with election every two years. It is part of the Charter. So when you vote yes on the entire Charter that means the two-year term is approved by your yes vote. Right? Wrong! Check out the sneaky little option questions attached. 'Shall the term of office be increased from two to three years? Yes or no.' Now here is the trap. If 8,000 registered voters vote yes for the Charter, most of them will think it is not necessary to vote on the options, too. For example, if only 300 people notice the options and vote on them, a majority of only the 300 persons voting would prevail over the 8,000 who voted yes for the Charter with its two-year terms. We asked Mr. Alvarez about this. He said, I believe, that, yes, only the majority of those who voted on the option questions would decide whether there is a two-year term or a three-year term, regardless of how many voted yes on the Charter itself, containing the two-year term. Same thing for staggered terms. Let me say it again--I couldn't believe it myself. If 8,000 persons vote yes on the Charter with the two-year term, and don't also proceed to vote again on the option question, a majority of the 300 votes on the yes side of the three-year term will deci de for a 11 of Edgewater voters. I n the name of the 1 aw, in the name of justice, in the name of what is right, let us stop this blindly stubborn drive to increase Council terms and stagger their terms. Such changes only benefit the Council, not the people. It steals the right of choice from the people, The right to choose every two years who will serve on the Council. The right to keep the good Councilmen and to drop the others. That is true choice. That is the only choice that counts. Why on earth would any knowing voter want to risk putting in someone for three years who could turn out to be no good? With two-year terms, the same as the U.S. House of Representatives, the voters get to choose every two years. It has been working for over 200 years. Even at this much tougher national level, no one complains they 'can't do their job because it's so hard to learn the ropes' as Mrs. Bennington claims. Frankly, if such dim-witted people get elected, two years is too long for them to serve anyway. You know, there are many items in this draft Charter that could be open to option votes. Why pick on just the two year term? Why not include an option on whether to keep the Manager form of government? Yes or No. How about whether employees should live within Edgewater? Yes or No. How about an option question for electing Councilmen just from their particular zone? Yes or No. You don't need option questions on those item because the public already made its choice in previous votes. And the pubic has not asked to resubmit its choices to another vote. It is time to stop this steam roller. Drop this dangerous three-year staggered term option before it blows the entire Charter out of the water. There are still important items that should be included in this draft Charter, but longer terms is not one of them. And now, just a word or two about a classic confl ict of interest case. A Council person gets appointed to the Charter Committee. She pushes for 18 months for an election change. This benefits her and the rest of Council. She sits on the Council where she will vote on the new Charter presented by herself to the Council. Wait, there1s more. If this 5 Council Regular Meeting Minutes July 2, 1990 'W' ...., NEW BUSINESS (Continued) Mr. Ken Millard re: Charter and contents Charter should be voted on by referendum and there is a question about whether the two-year term in the Charter or the three-year term in the option will prevail, guess who sits on the board that is the judge of the election results? Right, that same Council person. Does anyone now doubt that Edgewater really needs a strict Code of Ethics? A Code that is stricter than the Code of Conduct put out by the State. This whole Charter referendum is about choice, but not the choice between two or three terms, thatls a trap as we all know. The important choice, the vital choice, is the right of the people to choose every two years who will represent them. We cannot give up that right to make 1 ife more convenient for some Counci 1 persons who are too chicken to run every two years and let the voters pass judgement on their record. Itls time for plain talk. Elections are coming. If each of you calmly and objectively does his duty, protecting the rights of the people to do the choosing every two years, your conscience will be clear. People will remember. But if you fall for the false temptation of staying in office for three years without all that inconvenience of running every two years, well, you know the rest of the sentence. Your record will follow you wherever you go, for any office, anywhere. Gentlemen, this is the 200th anniversary of the ratification of the U.S. Constitution. Some giants of American history have gone before you. Now itls your turn. II Mr. George P. Ewing re: new City Charter George Ewing, 2923 Royal Palm, stated some of his items will be repetitious but the more they emphasize, the more conscious the people will be. He said if this Charter is defeated, the optional votes will be questionable. He asked what if the optional vote is blank. He stated this is too confusing and vague and the basic Charter should not have any options at all and there should not be options for staggered terms and terms of office. He said they should include in the Charter whatls basic for sound government. He stated voters should approve all bond issues. He suggested they limit the number of terms to 2 terms or 3 terms, preferably 2 terms, and the Police Chief should answer directly to the full Council. He stated they should set up an Ethics Commission that should have a public accounting of all expenditures, and have an evaluation standard of every position as they used the wrong form when they evaluated the Manager a few months ago. He said one citizen should not serve on more than one board and no relative of an elected official shall be appointed to any board or commission. He stated a screening committee should be appointed to check accuracy of resumes for candi- dates for office, and no Council member is to serve on any board, agency or committee appointed by Council. He added there should be no political campaign- ing by City employees for Council candidates, and no gifts or entertaining between Council, Department Heads, consultants, or employees. He suggested they install an independent Board of Adjustment and keep it separate from LDRA. He stated the Manager should do an annual comprehensive report to Council and the public to include where they stand with goals and objectives and Council should set a date of August or September before elections or some other time during the year. He suggested they bond all employees who handle money, and delete the exact sa 1 ary amounts from the Charter wi th a phrase II no ra i ses wi 11 become effect i ve unt i 1 the next genera 1 elect i on II. He noted the Charter Rev i ew Committee was not responsive to include these. He stated he wants a Charter that1s equitable to everyone, something that makes people want to live here and protects their rights. He stated in its present form, he doesnlt believe the Charter is acceptable and should be amended. Mayor Mitchum called a recess at 8:04 p.m., and called the meeting back to order at 8:13 p.m. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readings: Ord. 90-0-28 Establishing policies & procedures re: peddling. soliciting and canvassing within City limits - Mayor Mitchum read the Ordinance. ORD. 90-0-28- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING AND ESTABLISHING POLICIES AND PROCEDURES WITH RESPECT TO PEDDLING, SOLICITING, AND CANVASSING WITHIN THE CITY LIMITS; REQUIRING REGISTRATION OF CERTAIN PERSONS AND ESTABLISHING BUSINESS REGULATIONS FOR SUCH PERSONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading and there will be second reading and public hearing. Councilmember Bennington moved they accept Ordinance 90-0-28. Councilman Gold seconded the motion. Councilman Fish noted it1s a very comprehensive ordinance and not much is left to chance. Councilmember Bennington said that was her intent. Motion CARRIED 5-0. 6 Council Regular Meeting Minutes July 2, 1990 'lJw ..." ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) First Readinas: (Continued) Res. 90-R-40 Authorizina appropriate officials to execute Public Works Mutual Aid Aareement - Mayor Mitchum read the Resolution. RES. 90-R-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRI- ATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A "PUBLIC WORKS MUTUAL AID AGREEMENT", REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 90-R-40. Councilman Hatfield seconded the motion, and asked if they have a similar agreement for Police and Fire protection. Mr. Johnson replied yes. Councilmember Bennington asked if this is common practice around this State. Mr. Johnson replied it1s just starting in the State through the Public Works Association. Councilmember Bennington asked what other cities have it and it's filed in Tallahassee and if they need assistance, do we address it to Volusia County or New Smyrna Beach. Mr. Gates Castle, City Engineer, explained it's just an indication of the City's cooperation and Delray Beach had executed this agreement. He further explained it doesn't commit the City to anything but provides a list of contact people and availability of equipment and if a disaster occurs in Edgewater, it's a quick source for the Public Works personnel to know contacts in other cities and to call those people and get help and provides for other cities to call Edgewater, then at that time the individual city from which help is requested will make the determination if they can provide that help. He pointed out it also sets out the reimbursement to cities that provide the help and there1s no haggling of how to be reimbursed if a disaster occurs. Councilmember Bennington asked if it would be just the cities with the mutual aid agreement that would respond. Mr. Castle replied not necessarily, itls a good source of a list of others that willingly agreed, but they can request help from others that didn't sign it. Councilmember Bennington asked if the reimbursement would be in effect if someone didn1t sign the agreement. Mr. Castle replied no, you'd have to work out ahead of time how to be reimbursed, and the Florida Chapter of the Publ ic Works Association is trying to get it in all cities. Councilmember Bennington asked if they know how many in Volusia County have signed this. Mr. Castle replied he doesn't know. Motion CARRIED 5-0. Second Readinas: (Public Hearinas) Mayor Mitchum requested a motion to go into publ ic hearing. Councilmember Bennington so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 90-0-26 Prohibitina the theft of recyclina containers and any materials desianated as recyclable - Mayor Mitchum read the Ordinance. ORD. 90-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE THEFT OF RECYCLING CONTAINERS AND ANY MATERIALS DESIGNATED AS RECYCLABLE BY THE CITY OF EDGEWATER; PROVIDING FOR DEFINITION OF RECYCLABLE MATERIALS; PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PRO- VIDING FOR AN EFFECTIVE DATE. He requested audience comments. There were none. Ord. 90-0-27 Levvina 1.85% excise tax on aross receipts of all premiums collected on property insurance policies insurina property within the corporate limits to be placed in firemen1s Pension fund - Mayor Mitchum read the Ordinance. Ord. 90-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, LEVYING AND IMPOSING UPON ALL INSURERS, NOW OR HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS OF PROPERTY INSURANCE, AN EXCISE OR LICENSE TAX IN ADDITION TO ANY TAX NOW LEVIED, OF 1.85% OF THE GROSS AMOUNT OF RECEIPTS OF ALL PREMIUMS COLLECTED ON PROPERTY INSURANCE POLICIES INSURING PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF EDGEWATER; PROVIDING FOR WHEN SAID TAX SHALL BE DUE AND PAYABLE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments. There were none. Mayor Mitchum requested a motion to go from public hearing back to regular meeting. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 90-0-26 - Councilman Fish moved they adopt 90-0-26. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 90-0-27 - Councilman Hatfield moved they adopt Ordinance 90-0-27. Council- member Bennington seconded the motion. Motion CARRIED 5-0. 7 Council Regular Meeting Minutes July 2, 1990 ... ...., UNFINISHED BUSINESS Report on required fire hydrant spacinq Mr. Johnson stated held provided copies of the memo prepared by Chief Vola with copies of the Code and if Council approves this, held hope to have a policy because it affects businesses that have been in business a long time. He referred to Fla. Statutes 632.025, paragraph 8, re: concern about existing buildings. He added held have to talk with Chief Vola to see if a Fire Marshall can sign off on a certificate of occupancy and they'll get clarification. Counci 1 member Bennington read that section of the Statute: "With regard to existing buildings, the Legislature recognizes that it is not always practical to apply any or all of the provisions of the minimum fire safety code and that physical limitations may require disproportionate effort or expense with little increase in life safety. Prior to applying the minimum fire safety code to an existing building, the local fire official shall determine that a threat to life safety or property exists, the fire official shall apply the applicable fire safety code for existing buildings to the extent practical to assure a reasonable degree of life safety and safety of property or the fire official shall fashion a reasonable alternative which affords an equivalent degree of life safety and safety of property. The decision of the local fire official may be appealed to the local administrative board described in s. 553.73." She said she brought up the question that this is in conflict with the Fire Code itself and she has a problem with the second page of Chief Volals memo, "Failure to continue to upgrade infrastructure with changing occupancies will result in a moratorium and forced vacancies by attrition upon statutory mandated concurrency." She said she doesn't understand how changing occupancy could result in a forced mora- torium and doesn't know if Council's aware of what's facing them with concurrency but as of November 1st Edgewater will be faced with a moratorium not through what welve done but through State laws and the Comprehensive Plan and the County. She suggested because of this incident, they may need a meeting with all depart- ment heads and boards so Council can understand how concurrency will hit them. Mayor Mitchum stated some of the things that have come up have made great financial demands of some people and he's concerned about the issue that all of a sudden we can change occupational licenses and require someone to do something that wasnlt required two weeks ago. He added he understands Edgewater was lax in the past. He asked the alternatives for the people. Bill Vola, Chief of Fire and Rescue Services, stated in his memo he tried to answer questions from Council at the last meeting such as why they're enforcing the Code in a remedial phase to existing building and to change occupancies mandated the building be brought up to the existing Codes. He stated the Fire Code is very explicit and the statement begins with, "Every building or premise shall" and it's not "may" or "should", which makes it mandatory. He said the question of why it applies to existing structures and the premise the City has been operating under is present Codes and not just the Fire code and when the occupation changes they must have an occupational license and at that time they must bring the structure up to Code, whatever it is. He added the fact that it always existed that way is not a defense against improper wiring or sewer problems or others. He stated they can't protect buildings where they can't get water and they have to overcome the resistance of water flow through the hose and when the hose gets too long they can't force the water through the hose. He pointed out the longer the hose from the domestic water supply, the less water can be provided. He said regarding who should pay for those developments, that decision should not be left to City staff and he's not a policy maker for the City and can make it within his department and advise them within the limits of his expertise but Council and the voters need to make the decision of who will pay for it. Mayor Mitchum noted in Florida Shores the fire hydrants are being looked at through the CIP. He asked how many other sections are inadequate. Chief Vola replied a significant portion is deficient. Mayor Mitchum pointed out they came to an agreement with Sea Treasure. Chief Vola agreed, adding they're now waiting for permits. Mayor Mitchum stated the City will have to "bite the bullet" and provide water to these areas and come up with a more reasonable contribution. Chief Vola stated there's no doubt they'll have to overhaul the water system and that's part of the CIP but it's taken a back seat to sewer. Mayor Mitchum stated it's still in the works. Chief Vola stated Dyer, Riddle, Mills & Precourt received some critiques in the design phase and they'll redesign some significant 8 Council Regular Meeting Minutes July 2, 1990 W" ."""", UNfINISHED BUSINESS (Continued) Report on required fire hydrant spacina (Continued) areas on some assumptions made regarding fire flows in residential instead of commercial and industrial uses and it will require some upsizing of mains. He said the South end of the Shores with 6" lines with a hydrant to supply fire flow for industrial or commercial probably won't do it. Mayor Mitchum referred to the existing situation with Harbor Lights. He said fire hydrants on corners are one thing, but if they don't have the supply, what are they looking for and what will they require the person to put there and what is the capital outlay. He asked if we1re piece mealing it. Chief Vola said in the past seven months he' s worked with Terry Wadsworth and the consulting engineers and they've looked at the needs and what's projected in the future and to build and upsize where the mains need to be and they're also looking at future expans i on and the 1 and use map. He noted it I S based on a formu 1 a from the Insurance Services and the minimum in most commercial structures for 750 to 1,000 gallons per minute and industrial may be 2,500 GPM which is the amount that's to be provided to contain the fire. Councilmember Bennington stated Section 603.1.3 is confusing and if you have a fire with multi buildings and the first building is within 150 feet of the fire hydrant, would you have to add more fire hydrants if the other buildings were further away. Chief Vola replied if the building's within 150 feet it satisfies part one of the Code requirements and the second part says no building shall be more than 500 feet and if all buildings in the complex were within 500 feet from the fire hose laid on the ground then it would meet the Code. Councilmember Bennington asked the difference between a new building fire with multi buildings and existing building in the same situation. Chief Vola replied there's no difference and if they find there is and the fire flow was calculated they provide the owner with that information and advise him where they need to put the hydrant whether new or existing. Councilmember Bennington noted this afternoon held said with the fire pressure he couldn't fight fires. Chief Vola stated fire equipment and fire pumps aren't infinite and they have limits on the amount of water and pressure you can deliver and the farther you push water through the hose the more energy it takes and at some point and through different sized hoses you get into a catch 22. Councilmember Bennington asked if they can fight a fire in the last building if it I s within 500 feet. Chief Vola replied any part of the building has to be within the 500 feet. Councilmember Bennington stated regarding Harbor Lights, there's a fire hydrant across the street. Chief Vola said he thought so. Councilmember Bennington noted the people with the tire store have signed an agreement they'll put in a hydrant, so why would Harbor Lights have to put it in if there's one on the corner and one across the street since one must be within 150 feet. Chief Vola replied no, that's why he suggested they get with Mr. Duckworth and Mr. Loeffler and work out an agreement to position the fire hydrant to cover all 3. Council- member Bennington agreed itls a good suggestion. She said another problem is if we require someone to put in a fire hydrant, why should they pay the expense and collect from those down the line. Chief Vola said they discussed this with the Water Department and Mr. Johnson and one prob 1 em is the City P 1 ayi ng II banker II and having to rebate and legalities of fees. He added the Finance Director also felt the decision needs to be made elsewhere. He pointed out they'll receive similar complaints about electrical and other violations and as ownerships change and the situation mandates, they'll have to make changes. Councilmember Bennington stated the owner of the building and things inside the building helll benefit from, but because the City has had poor planning by not providing services needed, she doesn't feel the existing people in existing buildings that are doing nothing to their building to change it should bear the expenses and it's not fair to them. She said they have to work out an equitable solution and someone building a new building is a different situation. Chief Vola stated he offered to assist in any and the parties involved seemed amenable and they'll get back to him and the tire company did sign a contract. Mayor Mitchum asked the cost. Chief Vola replied materials only would be $1,100- $1,200. Mayor Mitchum asked if the cost would be split between the three. Chief Vola replied he suggested that, and several people have signed agreements. Mayor Mitchum said it's when the supply is put there, then they provide the hydrant. Chief Vola agreed. Councilmember Bennington asked if then the hydrant becomes our property. Chief Vola replied yes, just like streets for City maintenance, and it was an alternative to a sprinkler system or some type of system and the hydrant was cheaper. 9 Council Regular Meeting Minutes July 2, 1990 ..... ...,., UNFINISHED BUSINESS (Continued) Report on required fire hydrant spacina (Continued) Councilmember Bennington said she'd asked the Chief where most fires occur and his answer was in residences. Chief Vola agreed. Councilmember Bennington said she understands it's the practice of government not to maintain things pertaining to a person's home but they're asking businesses in existing structure to bear the expense of something when they don't have the need as much as a single family home. Chief Vola stated that's not a correct assumption as the larger loss of property and life occurs overwhelmingly in commercial structures. Councilmember Bennington said most fires are in single family homes and when there's a fire in a commercial zone, it's bigger and more dangerous. Chief Vola pointed out it also increases the fire load, that's why there1s a difference in water mains. Councilmember Bennington stated the question is who will pay for improvements in existing structures. Councilman Fish said they need to consider who will benefit from this and if it's just the business owner or the citizens and the question should be addressed along with improper fire protection and water. He referred to past laxness, again noting they have to look at who will ultimately benefit, the citizen, the City as a whole, or one businessman. Mayor Mitchum stated he doesn't think fire safety is grandfathered in and they've been lax in enforcement and they all pay taxes and will all pay if the City pays and in the past the user is to pay for improvements and he thinks it1s the only fair way. He said he'll go with the way administration has been doing it and feels it1s a fair and equitable solution with three individuals and each case may have to be looked at for each situation. Councilman Hatfield asked the time frame for these improvements to upgrade the fire system to come to Council for review so inadequacies can be corrected. Mr. Johnson pointed out they address Park Avenue to Sanchez and hope to have others and some will be addressed in the CIP, and first priority is sewer and second is the water plant, and they're looking at 24-36 months before the plant comes on board. He added they'll do small projects in the critical areas. Councilman Gold asked if they have an ample supply for the 6" line for the hydrant for the three buildings. Chief Vola replied it will be border line but will do it until the system can be tied in. Councilman Fish asked if the other businesses were provided with the same option as Sea Treasure with sprinklers or hydrants. Chief Vola replied it was discussed but fire sprinkler systems in Edgewater is a dirty word, and they advised them it's not economically feasible and hydrants are a cheaper alternative. Councilman Fish said we provide them with a sprinkler to protect their business only or a hydrant that will provide them with protection as well as other people. Councilmember Bennington said if they go with what's proposed they'll have fire hydrants every 150 feet up U.S. 1. Chief Vola explained it's every 300 feet, to be 150 feet from each one. Councilmember Bennington said it's up both sides of U.S. 1, commercial and industrial. Chief Vola said their goal is to protect the buildings adequately. Councilmember Bennington said they'll upgrade on U.S. 1 and agreements were signed with some of the businesses to put hydrants in when the line is there but if they're no longer in business, they'll have a building and cannot enforce it. Chief Vola agreed, noting U.S. 1 isn't the only area with problems. There was brief discussion about the lessee signing the agreements and the legality. City Attorney Alvarez stated the question is whether you want to adopt the policy the Chief and administration are following and that we're enforcing now with the new Fire Codes that were adopted by the legislature two years ago. Councilmember Bennington suggested this be listed on the next agenda for action and Mayor Mitchum and Councilman Fish agreed. Mayor Mitchum said they're talking about the lessee and if it should be the property owner. Chief Vola said the improvement is to allow for continued use of the structure and it's no different from the electrical code if it needs to be rewired. Mayor Mitchum referred to the previous paving agreements that were signed that parking lots would be paved when the street was paved. He added there's no escape clause and he suggested they put that in there. Mr. Johnson said he'll review it with the City Attorney. 10 Council Regular Meeting Minutes July 2, 1990 " '-'" t ..., COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated regarding the issue of the County turning over maintenance of Roberts Road to the City, the research is incon- clusive and the legal authorities the County put forth isn't clear and specific as to whether or not without the City's voluntary acceptance of this responsi- bility the County can just walk away from it. He said he'll report as it develops. City Attorney Alvarez stated there's a portion of the Code that came to his attention recently regarding collection of street light fees and it needs to be reworked and studies undertaken to determine levels of service and they should defer any further collections of these fees until a more legally sound basis is developed. Councilmember Bennington asked if the ordinance is null and void. City Attorney Alvarez said he'll come back with necessary changes. Councilmember Bennington stated that in lieu of problems that appear to be looming, she moved they instruct the City Attorney to draw up an ordinance to delete that section of the Code. Councilman Fish seconded the motion. Motion CARRIED 5-0. City Manaaer - Mr. Johnson had no report at this time. City Council Councilmember Benninaton re: Charter Review Committee Proposal - Councilmember Bennington took exception on behalf of the Committee that they didn't listen to citizen input. She pointed out when Council sent it back, they listened a lot and held a lot of meetings and the bulk of the Charter is basically from citizen input. She said the staggered terms is an option because of the controversy and Mr. Millard's statement regarding the 8,000 votes and options is incorrect and the City Attorney did not say the 300 option votes would rule, the majority would win, and if the majority were for the bulk of the Charter as is and no one voted for options, the Charter would stay with the two-year terms. She reviewed some of the changes since Council sent it back to the Committee: page 2, Section 3.03, they took out the opt ions and changed the date Counc il wou 1 d take off i ce; Compensation states the only way the money can change is with referendum if it's left the way it is; page 4, Rules and Journals, at the request of citizens they added the agenda shall include Citizen Comments at the beginning and prior to adjournment; on Vot i ng, the aff i rmat i ve vote of the major i ty of the ent i re Council and if only 3 were there, it would have to be affirmative with all 3; on page 5, the Screening Board, 4.06, Administrative Code 4.07, and 4.08 Standards of Conduct were all added; page 5, Nomination of Candidates, they added $25 and 25 signatures for each office and you can qualify for as many as you want but can only run for one; page 7, Transition Schedule, it's the third Monday of November when Council takes office; page 8, 6.06, Administrative Code Committee was added, and the options. Councilmember Bennington stated they're presenting it to Council and requesting they study it and make comments and hold a workshop and special meeting after the 17th because Mr. Fazzone is out of town. She added that Mr. Hayman is present if Council has any questions. There was discussion about available dates due to some Council members planning vacations. Councilmember Bennington stressed they not wait too long because they have to get it to Katherine Odham. City Attorney Alvarez explained they have to adopt an ordinance when they decide on the language of the document. Mayor Mitchum asked if they can combine it with first reading after they review it. Councilman Hatfield questioned having it written legally if they make changes. City Attorney Alvarez replied it can be done but he doesn't know if they want to do it under those conditions. He suggested they could submit their comments to the City Clerk. It was agreed to meet on July 17th at the Library at 7:00 p.m. Councilmember Bennington asked if Council realizes the impact concurrency will have on this City. She suggested they meet with Department Heads and some of the boards affected by this. Mr. Johnson suggested they wait until the comments are returned from DCA as this may be premature and Mark Karet could address the general concept of concurrency at the next meeting. He added what the County does and the State DOT and all agencies will affect us. Councilmember Bennington said she'd like to refresh her memory. Mr. Johnson briefly reviewed some possible problems with 442 being adequate to handle traffic associated with annexation plus adequate water transmission, Police officers, and parks and recreation land. He explained the annexation process with County Growth Management Commission and State Department of Community Affairs approval. 11 Council Regular Meeting Minutes July 2, 1990 'w" "WI' . . . .' COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilmember Bennington asked about a date for the bike path. After discussion, with Councilman Gold agreeing it could be held while he's gone and then he'll be advised of the actions when he returns, it was decided to meet Monday, July 23rd, at 7:00 p.m. in the Community Center. Councilmember Bennington stated at the last meeting she'd asked about considering a public relations officer for the length of the CIP but she hasnlt had any feedback. She asked how Council feels and the status of the whole project since they haven't had a committee meeting in a long time. Mayor Mitchum replied he's going to call a workshop for that and they'll know something by the next Council meeting. Councilmember Bennington asked if they're ready with the recycling program and if the flyers are ready. Mr. Johnson replied they announced it in the newspaper and the containers are ready and the trucks are ready. Councilmember Bennington requested a copy of the flyer so theylll be able to answer questions when a cit izen calls. Councilmember Bennington stated at the last meeting regarding the boom truck Mr. Johnson said they waived the low bid procedure and she1d like to know what it was and when it was done because she doesn't remember ever waiving the bid procedure. Mr. Johnson said helll get the information for them. Councilman Hatfield asked if it was with a used vehicle. Councilmember Bennington asked if they're ready to go into labor negotiations. Mr. Johnson replied they just received proposals and he'll go through them and give them a report and when the negotiators get back from vacations he'll ask Council for an executive session. Councilmember Bennington asked how they can schedule a labor negotiation meeting until after theylve have had an executive session. Mr. Johnson explained they first receive the proposals and put it in some kind of order, and they have 3 openers on two of the contracts and a full contract for the other, and the negotiator will evaluate them and come to Council as was done before. Councilmember Bennington stated last year they had an executive session and told the negotiator what direction to go and she's seen something from the union about what articles they'll open with. Mr. Johnson said they came back with what was in the articles so the Mayor and Council can get counter offers. He pointed out that last year they had three full contracts, and the scheduled meeting was just to accept the proposals and then evaluate them. QUESTIONS FROM PRESS None. CITIZEN COMMENTS Frank Roe, 2732 Juniper Drive, asked if they proceeded in a legal manner on the zoning of the Kane property on Riverside Drive. He said Councilmember Bennington proposed that Council support LDRA in their decision to deny the permit, and he questions if that's a conflict of interest since her husband is a member of the board and she should have stayed away from that issue, or be the last to introduce the motion because she could influence Council in their decision. He stated he has no interest in the matter and it was brought up by a citizen that a member of the family shouldn't be on a board because they were worried about something like this happening. He said it would have been alright if someone on Council had made the motion and sheld withdrawn and not voted on it. Tom Sheridan, Willow Oak Drive, asked Mr. Johnson if the Building Official had been absorbed in the Fire Department. Mr. Johnson replied the Building Official is still the Building Official and the department is under the direction of the Fire Chief based on Council's action on his recommendation and Dennis Fischer is the Building Official until Council makes any change$. Mr. Sheridan asked if he's a Department Head. Mr. Johnson replied no. Mr. Sheridan asked if he1s getting the same salary. Mr. Johnson replied yes. Mr. Sheridan said he keeps hearing this is what they do in other cities. He asked what's happening to mandate public safety as any City has mandated safety which includes Police and Fire Departments paid by the City and now they're charging people for fire hydrants and the bike path is safety for children on 12 Council Regular Meeting Minutes July 2, 1990 ..."" ..", .'. CITIZEN COMMENTS (Continued) Tom Sheridan (Continued) Roberts Road. Mr. Johnson explained he asked Council to change priorities from 442 to Roberts Road and he believes in safety, and most cities require developers to put fire hydrants in and Chief Vola is following the Code as adopted by Council and they'll make the decision at the next Council meeting and will follow the Code as written, and if it's changed, then they'll assume the responsibility. He pointed out the Chief has the responsibility under State Fire Codes and has a problem with the way the Code is now written. Mr. Sheridan said he head about the bike path on Roberts Road costing so much money and they can't equate public safety with dollars. Al Rowe, business in Edgewater Industrial Park, stated it sounds like the three people are happy about the fire hydrants but they got a letter saying they were turned down for a license because a hydrant is needed at Industrial and Marion Avenues and they agreed to put it in because they won't have a business if they don't sign the paper. He stated he pays $3,600 in taxes a year for his property and doesn't know what he gets except Police protection. He said it will benefit him if there's a fire but it won't go on his property and he can't lock it up so someone else can't use it and the City should pay for fire hydrants not on his property. He said he understands new construction and just built 12 units but his tenant said he can't get a business license and will take his business elsewhere and this will take businesses out of this area. He said it's not fair that an individual pay for fire hydrants and he pays County taxes and impact fees to the City and County. He added if he didn't own the land, he wouldn't be able to pay his mortgage with the rent. George Ewing stated the next to the last meeting on the Charter amendments was in January and the one he received tonight was dated 6/6 and he doesn't recall any meetings since then and didn't get any updated copies. He asked why there's a big hurry to get it on the ballot as there's a lot of work to be done and they should get a really good Charter. He suggested they may want to change the committee to go through the Charter. He said several things were suggested that he doesn't see on the Charter. Norm Billups agreed with Mr. Ewing. He suggested the Police Chief might give monthly reports to the citizens and Council as to the goings on around the City, for example, how many DUI's, how many without permits, status of drug control, vandalism, etc., as he deserves recognition. Chief Schumaker stated he issues a report each month to the Council and press and it's a public document. Jim Inman, 2948 Travelers Palm, said he was advised they have to install a fire hydrant at their own expense before they can operate a business and there's only a 211 line through a building in the 1500 block of U.S. 1 and they feel the fire hydrant is a City responsibility. He said there's another situation at Marion and U.S. 1 with the hydrant to be installed before the occupational license is issued and he'll have to put it in or not go into business. He said he has a copy of the agreement with Mr. Duckworth and it doesn't mention anything about two other parties being willing to share the expense of the hydrant. He said he knows of two other people who wanted to start a business and has heard time and again they want industrial business with no factories, etc., but after finding out the requirements and hassles from the various departments, they relocated in New Smyrna Beach. He said the young people won't be gainfully employed if they continue to drive business away. Jack Havman, 3003 Travelers Palm, reviewed his history in Edgewater, noting he has a business here. He noted the building industry has created a lot of revenue for this City. He stated he's pleased to serve on the Charter Review Committee to help the City achieve its expectations. He said when they began working on the Charter and he kept hearing things that alluded that the City doesn't have an effect i ve mechan i sm for govern i ng growth management. He sa id it was emphasized that an Administrative Code was needed and a policy and procedure manual goes along with it, and if it had been in place it would have alleviated all they've heard and the harm they've caused the business people who are trying to make a living. He stated fire hydrants are the City's responsibility to provide necessary infrastructure to support growth and they have to identify how to manage growth. He said he heard that from 10th Street to First Federal, if a traffic count exceeds certain measure, they can require a moratorium because they can't support a safe, well managed traffic flow. He said there was a suggestion to do away with the Charter Review Committee and he'll be glad to go 13 Council Regular Meeting Minutes July 2, 1990 ....... """ ,. CITIZEN COMMENTS (Continued) Jack Hayman (Continued) if they think he's screwed up but he feels they have the basis for a good Charter and it's not perfect in its present state and he's willing to work on the problems and the citizens should be prepared to give them necessary verbiage to get it done. He said they're at fault because they haven't provided adequate administrative codes and they have to decide how they're going to do business and how to draw the line on developers. Harrv Jones, 3035 Tamarind, distributed a filter from his neighbor's sink that's a week old. He said it's supposed to be white. He referred to the lack of birds around the feeders until they boiled their water for use in the nectar and the birds come in droves. He asked why they should drink the water if it's not fit for the birds. ADJOURN. Mayor Mitchum suggested a motion to adjourn. Counci lman Gold so moved. Councilman Fish seconded the motion. Meeting adjourned at 9:58 p.m. Minutes submitted by: Lura Sue Koser ALt~~/6 MA YOR / ~ r. EXCUSED COUNCILMAN - ZONE FOUR ATTEST: ~/#~- CITY CLERK' ---- Approved this 16 day of JUlY.. ,1~~. jJ~P1$=- MAYOR 14 Council Regular Meeting Minutes July 2, 1990