12-18-1989 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 18, 1989
MINUTES
CALL TO ORDER
Mayor Mitchum r~l led the meeting to order at 7:00 p.m. in the Community Center.
ROLL CALL
Mayor David Mitchum
Councilman Dan Hatfield
Councilwoman Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Jose' 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 Dr. Tee, Edgewater Union Church, delivered the invocation. There was
a pledge of allegiance to the Flag.
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Mr. Maniak, Finance Director, City of Daytona, and past President of Government
Finance Officers Association, presented the certificate to Ms. Karen Rickelman,
Finance Officer. He noted that yearly only about 1,100 receive this certificate,
with about 93 from Florida. He pointed out that Edgewater has received it for
six years. He presented a plaque to be kept in City Hall for the staff. Mayor
Mitchum thanked Fred Munoz and Karen Rickelman for the job they'd done.
APPROVAL OF MINUTES
Special Meetina of November 27.
the minutes of November 27th.
Motion CARRIED 5-0.
1989 - Councilman Hatfield moved they accept
Counc ilwoman Benn i ngton seconded the mot ion.
Reaular MeetinQ of December 4. 1989 - Councilman Fish moved they accept the
minutes of December 4. Councilman Gold seconded the motion. Motion CARRIED
5-0.
CITIZEN COMMENTS
Mayor Mitchum advised there will be a three-minute time limit.
GeorQe Ewina, 2923 Royal Palm, asked about the wastewater program figures. He
quoted figures he had read. Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt,
Project Manager, explained the user fee plus impact fee and connections fee
spread out would be about $44. Mr. Ewing then asked about the $11.4 million
dollar figure for drainage or stormwater. Mr. Ferland replied that may have
been the preliminary for paving and drainage. Mayor Mitchum advised the time
limit was up and suggested he present his questions to the City Manager who will
get the information for him. He pointed out they'll be looking at these things
in future meetings. Councilman Gold suggested he be allowed to continue past
his time limit, Councilman Hatfield and Councilwoman Bennington agreed. Mr.
Ewing stated they don't have to get approval from the Council and that's not in
the Charter. Mr. Ewing again asked about the $11.4 million for drainage and
stormwater, and if everyone will pay for it or just the people in Florida Shores.
Mayor Mitchum advised they'll be holding workshops and public meetings as they
have done all alono. j.jp r1nnpn thp\I'\lp holrl n.",..,.. en ~__...~___ LL
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CITIZEN COMMENTS (Continued)
Jack Spencer, 2604 Victory Palm, requested Council consider him for nomination
to the Southeast Volusia Hospital District Board. He reviewed his prior
experience, stating he has no conflicts of interest, will try to see quality of
service provided will be maintained and improved, and will keep an eye on costs.
Frank Roe, 2732 Juniper Drive, stated with 5,995 in Florida Shores and each
paying $1,200 in impact fees would bring in $7 million. He suggested they put
the pipes in with money they have and then levy fees. He added that interest
rates will go down and they don't need to rush.
Bill Smith, 2629 Victory Palm, asked why they have to pay a charge for septic
tank abandonment. Mr. Johnson explained it was a cost if they went from gravity
to low pressure, but not for low pressure.
CONSENT AGENDA
Police Chief's request to purchase 1989 used non-pursuit vehicle under Volusia
County bid: Utilities Director's recommendation to reject sinqle bid received
on qravity sewer system repairs. New Hampshire. West Connecticut. Oak Ridqe. and
Flaqler Avenue. and to advertise for repairs to Flaqler Avenue only: Florida
Leaque of Cities Leqislative Conference in Tallahassee February 8. 9. 1990:
Closinq of City buildinqs at 1 pm on Friday. December 22. for employee Christmas
party: and Turnbull Volunteer Fire Department's request for donation of bicycles
in Police property room for Toys for Tots - Mayor Mitchum asked if Council wants
to address any item. There were no comments. He requested a motion to close
the consent agenda. Councilman Hatfield so moved. Councilman Gold seconded the
motion. Motion CARRIED 5-0. Councilman Gold moved for approval of the consent
agenda. Councilman Fish seconded the motion. Motion CARRIED 5-0.
NEW BUSINESS
Capital Improvements Proqram proqress report bv Dyer. Riddle. Mills & Precourt.
Inc. - Mr. Ron Ferland, Project Manager, showed a schedule of the progress.
He said water system improvements are most developed and farthest along, the site
was purchased and they got through the special exception zoning with Volusia
County with staff and on January 11th they hope to have it through the County
Council. He reviewed the next steps with Volusia County to obtain a building
permit and submittal to DER for permits. He noted that facility construction
will be funded with the current bond anticipation note and they'll be ready to
start in February or March. He pointed out segments of the water program are
funded by development as it occurs. He said transmission mains are behind
schedule because aerial surveys couldn't be done due to cloudy weather. He
reviewed the sizes of the lines for Edgewater Landing Phase 3 and for Elementary
School M. He said the wastewater plant design is behind because they're
awaiting the load designs from the State. He said they have to submit a set of
design drawings to DER and EPA for review as part of the State Revolving Loan
Fund requirement. He pointed out they've been working with Volusia County Health
Department to get new septic tanks placed and new pumps put in so they can be
retrofitted without having to find the tank and having it on the edge of the
site, and the County and the building industry have been very receptive. He said
they expect to come to Council in January with an ordinance for placement of
septic tanks, and they're refining the piping system to reduce overall system
costs with size of the line for the low pressure system. He stated they're
collecting data on the stormwater master plan and the water re-use is being
designed for Florida Shores, but if program costs are large, they'll look at
scaling it back as re-use can be put in by increments.
Councilman Gold asked about the 75 foot space Mr. Billups brought up. Mr.
Ferland explained the roadways are only 50 foot wide, there' s a 10 foot
separation by law for ~ate: and sewer and 5 foot. to! _~ater and re-use and you
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NEW BUSINESS (Continued)
Recommendation for appointment to Southeast Volusia Hospital Board - There were
seven applicants for the position and those present gave a brief synopsis of
their experience: Dr. Michael R. Blais; Ms. Pauline Ouellette; Dr. George Lacy;
and Mr. John H. Spencer. Mr. Marlin Roberts, Mr. Ed Delahanty, and Mr. David
Severance were unable to be present.
Councilman Hatfield stated he'd talked with all seven applicants and it's a hard
decision because any will do an excellent job and are dedicated and responsible.
He suggested they rate them with three points for first choice, two for second,
and one for third. Mr. Johnson suggested they send at least three names to the
committee. After discussion, Council members did written votes and submitted
these to the City Clerk for tabulation. Mayor Mitchum called a brief recess at
8:03 p.m. He called the meeting back to order at 8:09 p.m. City Clerk Susan
Wadsworth read the tabulations: John Spencer - 5; Michael Blais - 3; Pauline
Ouellette - 2; David Severance - 2; George Lacy - 2; and Marlin Roberts - 1.
Counci lwoman Bennington moved they send in the top two. Councilman Hatfie ld
seconded the motion. Motion CARRIED 5-0. Mayor Mitchum thanked everyone for
participating, noting it was a hard decision. Councilwoman Bennington stated
other boards will be available. Mayor Mitchum agreed they would use their
expertise.
Acceptance of Meadow lake Subdivision for City maintenance - Mr. Johnson stated
that in 1987 the City accepted the subdivision for bond purposes and it's the
City's recommendation that the subdivision be accepted. He said they have a copy
of the $3,000 surety bond and it will take care of any damage that would occur
in an area regarding sewer. He added a TV crew televise it and it was checked
twice and is to be checked again. Councilman Hatfield moved they accept Meadow
Lake subdivision as recommended by the City Manager. Councilman Gold seconded
the motion. Councilman Fish expressed concern with the sewer problem as they're
going to take a $3,000 maintenance bond for one year but won't inspect it with
a TV camera for two years. Mr. Johnson explained they'll extend it for a year
above the normal process, it was inspected twice, and it's beyond what is
normally required of any subdivision. Councilwoman Bennington said the agreement
is for a year beyond with an agreement to re-televise it and they'll pay for
the re-TV. Mr. Johnson agreed. Councilwoman Bennington asked if the City has
to pay for it at the two year period if it needs to be corrected. Mr. Johnson
replied then, but that would be in the fourth year. Councilwoman Bennington
asked why they want them to re-televise it at the end of two years. Mr. Ferland
replied the original TV tape of the line can't be found and they noticed a slight
"belly" in the line and they're extending the warranty for that piece of line
for one additional year and then they'll re-televise and compare, and if there's
no change, we'll accept it for operation and maintenance. He added there's low
risk for that line with that system and they gave him the option of providing
an additional bond. Motion CARRIED 4-1. Councilman Fish voted NO.
Acceptance of sewer survey results - Mr. Johnson stated there were 5,950 cards
sent out, 523 were for gravity, 1,173 for low pressure, and 334 for neither.
Mayor Mitchum suggested a motion to accept the survey. Councilman Hatfield so
moved. Councilwoman Bennington seconded the motion. Councilman Fish pointed
out that the results show 19.7% of the property owners are in favor of LPSS and
he's not sure if that's a clear indication of what the people want. Motion
CARRIED 5-0.
ORDINANCES, PUBLIC HEARINGS. AND RESOLUTIONS
First Readina:
Res. 89-R-66 Appointment to Citizen Code Enforcement Board re: James Norris
(Tabled September 18. 1989) - Councilman Hatfield moved they bring it off the
table. Councilman Gold seconded the motion. Motion CARRIED 5-0.
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ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued)
First Readina:
Res. 89-R-75 Cancellina reaular meetinas in January due to national holidays and
reschedulina January 15 to January 10 - Mayor Mitchum read the resolution. RES.
89-R-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
CANCELLING THE REGULARLY SCHEDULED MEETINGS OF JANUARY 1, 1990 AND JANUARY 15,
1990; AND RESCHEDULING THE MEETING OF JANUARY 15, 1990 TO JANUARY 10, 1990;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilman Gold moved for approval. Councilman Hatfield seconded the
motion. Motion CARRIED 5-0. Mr. Johnson noted there will be a special meeting
on the 22nd.
Ord. 89-0-39 Adoptina merit system policy, pay plan, and classification and pay
schedule -Mayor Mitchum stated this is first reading and he read the ordinance.
ORD. 89-0-39 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING SECTION 13-29 OF THE CODE OF ORDINANCES OF THE CITY OF EDGE-
WATER, FLORIDA, BY ADOPTING A NEW MERIT SYSTEM POLICY; A CITY OF EDGEWATER PAY
PLAN; A CLASSIFICATION AND PAY PLAN AND CLASS DESCRIPTIONS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Fish asked if they have written comments from the Merit Board. Mr.
Johnson replied they met and said they didn't have any problems with it and
they'll have a chance to review it before final reading. Councilman Fish stated
if they review it after first reading and decide to make changes, they'll have
to go back through it again. He moved to TABLE it until the Merit Board has a
chance to review it and make their written comments. He added he has a problem
with some things. Councilman Gold seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum requested a motion to go from the regular meeting to the public
hearings. Councilwoman Bennington so moved. Councilman fish seconded the
motion. Motion CARRIED 5-0.
First Readina & Public Hearina:
Ord. 89-0-38 Amendina City Charter - Mayor Mitchum read the ordinance. ORD. 89-
0-38 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING THE CHARTER OF THE CITY OF EDGEWATER, BY PROVIDING FOR CHANGE OF
LANGUAGE WITH RESPECT TO CREATION AND POWERS, AND BOUNDARIES AND LIMITS; BY
PROVIDING FOR A CHANGE OF DATE FOR THE OATH OF OFFICE OF NEWLY ELECTED
COUNCILMEMBERS; BY PROVIDING FOR COMPENSATION OF COUNCILMEMBERS; BY PROVIDING
FOR A FILING FEE; BY PROVIDING FOR PASSAGE OF ORDINANCE IN ACCORDANCE WITH
GENERAL LAW; BY PROVIDING FOR CHANGE OF QUALIFICATIONS; BY REDEFINING THE POWERS
AND DUTIES OF THE MAYOR AND THE CITY COUNCIL; BY ESTABLISHING PROHIBITIONS FOR
THE CITY COUNCIL; BY CHANGING THE VACANCIES, FORFEITURES OF OFFICE AND FILLING
OF VACANCIES; BY CONSOLIDATING UNDER ARTICLE IV THE ACTING CITY MANAGER, CITY
CLERK, AND PERSONNEL SYSTEM; BY PROVIDING FOR CHANGE OF TIME OF ELECTIONS FROM
NOVEMBER TO MARCH; BY PROVIDING FOR A CHANGE OF TERMS OF OFFICE FOR THE MAYOR
AND THE CITY COUNCIL; PROVIDING A TRANSITION SCHEDULE; BY DELETING SECTIONS 7-
A, 19, 20, 22, 38, 39, 39-A, 40 THROUGH 128, 129-A, 130, 134; BY CONSOLIDATING
ALL SECTIONS OF THE EXISTING CHARTER INTO SIX ARTICLES CONSISTING OF ARTICLE I,
POWERS, ARTICLE II, CORPORATE LIMITS, ARTICLE III, LEGISLATIVE, ARTICLE IV,
ADMINISTRATIVE, ARTICLE V, NOMINATIONS AND ELECTIONS, ARTICLE VI, TRANSITION
SCHEDULE; BY PROVIDING THAT THE PROPOSED AMENDMENTS TO THE CHARTER BE SUBMITTED
TO THE ELECTORS OF THE CITY OF EDGEWATER AT A REFERENDUM ELECTION OF MARCH 13,
1990; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE. Mayor Mitchum requested audience comments.
Georae Ewina, 2923 Royal Palm, suggested they add that every City employee reside
in the City which will give them more interest in the City, and give them time
to move, six months or one year. Mr. Johnson explained the referendum was passed
that every Department Head after that date has to live in the City but those
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading & Public Hearing:
Ord. 89-0-38 Amending City Charter
Councilwoman Bennington suggested they put under Administration 4.05 "All
Department Heads are to live within the City limits with the exception of the
ones that are already Department Heads." Mayor Mitchum suggested it be "All
Department Heads shall live within the corporate limits of the City of Edgewater
or move in within six months after date of probation ending." Mrs. Wadsworth
said she'd pull wording from the referendum.
John Siburn, Connecticut Avenue, referred to a residency clause in New York City
that went to court and it was unconstitutional to require living in the City.
Ken Millard, 238 North Riverside Drive, read the 1980 election reform committee's
recommendation regarding amending the Charter as it reads now with elections
every two years and normal November elections. He asked what benefit the change
would be to the people. He noted longer terms take away the right to review
their work every two years. He noted one of the duties of Council is to maximize
voter turnout, which is the November election. Mayor Mitchum pointed out Council
isn't advocating this, it was the Charter Review Committee with options to be
voted on and a March election is just one of the options, and one is the present
system. Mr. Millard stated including those ballots is perceived by the public
that Council would be recommending one of these and none is worthy of Council
and it's a complete error of judgement to suggest other than a two year term from
November. Mayor Mitchum stated he has no problem with the system as it is but
this gives them an option. He noted they had many meetings with the Charter
Review Committee and had public input. Mr. Millard stated they talked to about
100 people and there are about 9,000 people. Councilwoman Bennington pointed
out it went out with water bills asking them to come to meetings. Mayor Mitchum
stated 34% responded on the sewer survey and people who didn't send them back
don't care or are satisfied with the leadership. Mr. Millard stated the options
confuse people and they lost the last Charter because of a judgement call.
George Ewing stated he voted for gravity. Mayor Mitchum called him out of order,
advising him this is a public hearing on the Charter referendum. Mr. Ewing
stated he voted for the gravity system and he said before the vote was taken that
the gravity system wouldn't succeed because it was a matter of economics and they
voted because of cost.
Second Reading (Public Hearing):
Ord. 89-0-35 Annexing 23.4 acre parcel on Roberts Road (future Elementary School
site) as recomended by land Development & Regulatory Agency - Mayor Mitchum read
this Ordinance. ORD. 89-0-35 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER,
FLORIDA, LOCATED AT THE SOUTH SIDE OF ROBERTS ROAD, WEST OF MEADOWLAKE
SUBDIVISION, EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES, SEC. 171.044;
REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE
APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION
CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE
DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Mitchum requested audience comments.
John Siburn, Connecticut Avenue, asked if the school will be on this property.
Mayor Mitchum replied it will be the Elementary School. Mr. Siburn asked who
will pay for hook up to the sewer. Mr. Johnson replied the School Board, the
same as anyone else, and they pay their costs.
Ord. 89-0-37 AdoptinQ State Quidelines for travel and per diem - Mayor Mitchum
read this Ordinance. ORn_ AQ_n_":n _ IHJ nOnTMAtM'1:" "I:" TUI:' {'TTV {,I\"U"T. n.... ~......
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ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Mayor Mitchum requested a motion to close the public hearing and go back to the
regular meeting. Councilwoman Bennington so moved. Councilman Hatfield seconded
the motion. Motion CARRIED 5-0.
Ord. 89-0-38 - Councilwoman Bennington moved they accept Ordinance 89-0-38 as
corrected in Art i c 1 e 4.05 reference Department Heads res i dence requ i rements wou 1 d
be addressed and put in legal by the City Attorney. Councilman Hatfield seconded
the motion. Councilman Fish moved to amend the motion to include Section 3.04
which deals with Compensation for Council members. Councilman Hatfield moved
they strike out language in respect to raises and to be requiring any adjustment
to Council compensation be put before the people in a general election. He said
3.09 under Procedures, B, any changes in format held like to read "Council shall
determine its own rules and order of business by ordinance" rather than tying
their hands. He noted citizens had wanted comments moved from the end to the
front and they couldn't do that if they didn't have the flexibility as to how
the meetings should be conducted and doesn't take the rights from the citizens.
Councilman Fish moved they amend Councilwoman Bennington I s motion with the
following: remove all language with respect to raises in Section 3.04, amend
Section 3.09 to read "Council shall determine its own rules and order of business
by ordinance thereby requiring public input and public hearing before anything
can be done to change the structure of the meeting. II Mayor Mitchum passed the
gavel to Vice Mayor Gold and seconded the motion. Councilman Hatfield said he
has no problem with making rules by ordinance, but feels compensation should
remain the same. Councilwoman Bennington agreed with Councilman Hatfield with
rules, but compensation isn't a raise, it's keeping up with inflation just like
everyone else and Council has the prerogative to reject it.
Councilman Fish rescinded his prior motion, then moved to amend Councilwoman
Bennington's motion with respect to 3.04, removing all language with respect to
adjustment to Council salaries, thereby requiring a referendum vote would be
basically a change to the Charter in order to decrease or increase Council
compensation. Mayor Mitchum seconded the motion. Motion CA~RIED 3-2.
Councilwoman Bennington and Councilman Hatfield voted NO. Vice Mayor Gold
returned the gavel to Mayor Mitchum.
Councilman Fish moved they amend Section 3.09 that rules and order of business
will be by ordinance and striking everything after that. Councilman Gold
seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum pointed out the change of election from November to March sounds
mandatory and held like it clarified and to be included in the motion to accept.
Councilwoman Bennington said she'd asked the City Attorney if it would make it
mandatory and he said no, it's still an option. Mayor Mitchum asked that it be
clarified. Councilwoman Bennington moved that the Section November to March be
reviewed by the City Attorney and make sure it's correct. Councilman Fish
seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-35 - Councilwoman Bennington moved they accept 89-0-35. Councilman
Fish seconded the motion.
Ord. 89-0-37 - Councilman Gold moved for approval. Councilwoman Bennington
seconded the motion. Motion CARRIED 5-0.
UNFINISHED BUSINESS
There was no Unfinished Business brought up at this meeting.
COUNCIL/OFFICERS REPORTS
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COUNCIL/OFFICERS REPORTS (Continued)
City Manaaer (Continued)
Mr. Johnson stated the CIP Committee recommended securing proposals for an
advisor to review financial aspects of the bond issue. He noted their contract
with A. G. Edwards provides they'll step down as financial advisors and become
underwriters. He said the Committee recommends the CIP Committee be the
reviewing body and come back with recommendations to Council on January 10th.
He pointed out the financial advisor does not work for a bond house, but works
only for the City and recommends a program. He said the RFP provided to Council
will be sent out and will be reviewed at a January 3rd meeting of the CIP.
Councilwoman Bennington asked if theylll pay for a financial advisor out of the
bond. Mayor Mitchum replied helll work for the City and not anyone else and itls
a safeguard as recommended by the CIP Committee. Councilman Hatfield moved
they give the City Manager the right to send out the RFP's for the CIP Committee
to review. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum stated Mr. Conway is a different representative of A. G. Edwards
and held like Council to extend a motion to make it formal to accept Terry Conway
as a representative of A. G., Edwards working with the City. Councilwoman
Bennington questioned how the transition took place. Mayor Mitchum explained
theyld hired the firm. Mr. Conway stated the representatives from the Naples
office have gone elsewhere and pursued other interests, and as an employee of
A. G. Edwards he was sent to take over those responsibilities and closed the
Naples office and moved to Tampa. Councilman Hatfield moved they accept Terry
Conway as their representative. Councilman Fish seconded the motion. Motion
CARRIED 5-0.
City Council - There were no Council reports at this time. Councilwoman
Bennington wished everyone a Merry Christmas.
DUESTIONS FROM PRESS
Jennifer Halperin, News Journal, asked how much a financial advisor will be paid.
Mayor Mitchum replied itls part of the proposal.
ADJOURN
Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was
adjourned at 9:10 p.m.
Minutes submitted by:
Lura Sue Koser
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