02-06-07 Item 16To:
Via:
From:
Date:
South Miami
"edca City
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, Acting City Manager
Julian Perez, Planning Directs _�
February 6, 2007
ITEM No. ,
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 20 -4.7 OF THE CITY'S LAND
DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE TO REFLECT "MINIMUM
STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST IDENTIFYING MINIMUM HOUSING
STANDARDS; MODIFYING SUBSECTION (C) IN ORDER TO SPECIFICALLY REQUIRE ALL
PROPERTIES TO RETAIN STORMWATER DRAINAGE ON SITE SO AS TO PREVENT
DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT
PONDING ON ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY; AND ELIMINATING
SUBSECTION (J) ENTITLED "CERTIFICATE OF OCCUPANCY RELATING TO REHABILITATION
AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND AS REHABILITATION AREA IS
NOT DEFINED; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
Request
The attached proposed ordinance amending the City's Land Development Code was prepared by the City
Attorney's office. The proposed ordinance strengthens existing Section 20 -4.7 of the Land Development Code
which does provide that ponding of stormwater must be eliminated through proper filling, elevating, drainage, or
grading of the site. The new additional wording provides that the ponding or run -off into a public street is
prohibited and that the stormwater elimination technique must be maintained by the property owner. The draft
legislation also provides the City with the power to deny a certificate of occupancy or certificate of use until such
time as proof is provided that the development will refrain stormwater on site or that adequate drainage is provided
so as to prevent the development from contributing or causing recurrent ponding to adjoining properties or public
rights -of -way.
The LDC ordinance is a companion to an ordinance adopted by the City Commission at its January 23, 2007. That
ordinance, Ordinance No. 02 -07 -1903, amended City Code Section 10A -45 by adding specific stormwater drainage
data, plans and professional engineering reports which must be submitted with a building permit application.
The draft LDC ordinance also removes Section J which is an out -of -date regulation pertaining to a special
certificate of occupancy for properties in rehabilitation areas. These areas do not exist under current law.
Planning Board Action The Planning Board at its January 16, 2007 meeting adopted a motion by a vote of 4
ayes 2 nays (Ms. Yates, Ms. Beckman) recommending denial of the proposed ordinance. Several Planning Board
members felt that the stormwater runoff submittal requirements extended too far by including renovations,
additions and remodeling.
(2)
Recommendation:
It is recommended that the draft ordinance amending LDC Section 20 -4.7 be approved with the following
adjustments:
(1) remove the word "remodeling" (p.2 line 30);
(2) remove the word "additions" (p.2, line 30) and insert "any significant addition that results in changes to the
elevation of the site that would result in runoff to adjacent properties or the right -of- way. ";
(3) change the date of January 31, 2007 (p.2 line 30) to the date of the effectiveness of the ordinance.
Attachments:
Draft Ordinance
Ordinance No. 02 -07 -1903
Planning Board Minutes Excerpt ]- 16-07
Public notices
JP /SAY
P: \Comm Items\2007 \2- 6- 07 \PB -07 -001 LDC Amend Stormwater Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
DRAINAGE; AMENDING SECTION 20 -4.7 OF THE CITY'S LAND
DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE
TO REFLECT "MINIMUM STANDARDS" FOR ALL
CONSTRUCTION AND NOT JUST IDENTIFYING MINIMUM
HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO
RETAIN STORMWATER DRAINAGE ON SITE SO AS TO
PREVENT DEVELOPMENT THAT WOULD RESULT IN
CONTRIBUTING TO OR CAUSING RECURRENT PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY; AND
ELIMINATING SUBSECTION (J) ENTITLED "CERTIFICATE OF
OCCUPANCY RELATING TO REHABILITATION AREAS AS NO
SUCH CERTIFICATE IS USED IN THE CITY, AND AS
REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the minimum
requirements of the Florida Building Code; and,
WHEREAS, prior to the passage of the Florida Building Code, south Florida was
governed by the South Florida Building Code, which code required individual property
owners to maintain all rain run -off on their property; and,
WHEREAS, flooding is a major issue in the state of Florida and specifically a
major issue for the general health, welfare and safety of the residents and businesses of
South Miami, and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance its minimum standards for all
properties (commercial and residential), to require, individual property owners to
maintain stormwater drainage on their properties; and
WHEREAS, at its January 16, 2007 meeting the Planning Board, after public
hearing, adopted a motion by a vote of 4 ayes and 2 nays (Ms. Yates, Ms. Beckman)
recommending denial of the proposed amendments; and
Additions shown by underlining and deletions shown by everstr4king
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
(2)
WHEREAS, the Mayor and City Commission desire to amend Section 20 -4.7, of
the Land Development Code to require greater enforcement of the City's stormwater
drainage requirements, and to correct the title of Section 20 -4.7 to correctly reflect that
the chapter provides minimum standards for all construction, not just for residential
housing; and,
WHEREAS, the Mayor and City Commission also seek to delete superfluous
subsection (J) relating to rehabilitation areas as no such areas exist in the city.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20- 4.7(C)(4) is amended to reads as follows:
20 -4.7 Minimum housing standards.
(C) Exterior Property Areas.
(4) Stormwater Drainage. Stormwater contributing causing recurrent or
e� - . ponding shall be eliminated through proper filling, elevating,
drainage, or grading of the site. The ground shall be graded away from the
building and foundation, but not so as to cause water to drain onto adjoining
property ies or public rights-of-way. Property owners shall be required to
maintain adequate swales, French drains or other mechanisms to ensure that
stormwater does not drain onto adjoining properties or public rights -of -way_
In all new construction, remodeling_, or additions made after January 31, 2007,
failure to comply with this subsection shall result in the denial of a certificate
of occupancy or certificate of use until such time as sufficient proof is provided
to the City Building, Planning and Public Works Departments that the
development shall retain stormwater on site or that adequate drainage is
provided so as to prevent the development from contributing or causing
recurrent ponding to o adjoining property(ies) or public rights -of -way.
Occupancy.
- - ;. -
Additions shown by underlining and deletions shown by everstriking.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
(3)
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Land
Development Code.
Section 5. This ordinance shall tale effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2007.
ATTEST: APPROVED:
CITY CLERK
MAYOR
1St Reading —
2" d Reading —
Additions shown by underlining and deletions shown by ^v°r g.
I
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Section 4. This ordinance shall be codified and included in the Land
Development Code.
Section 5. This ordinance shall tale effect immediately upon enactment.
PASSED AND ADOPTED this day of , 2007.
ATTEST: APPROVED:
CITY CLERK
MAYOR
1St Reading —
2" d Reading —
Additions shown by underlining and deletions shown by ^v°r g.
2
3
4
5
M
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
(4)
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Birts:
Commissioner Palmer:
Commissioner Beckman:
P: \Comm Items\2007\2- 6- 07\PB -07 -001 LDC Amend 20 -4.7 Stormwater Ord.doc
Additions shown by underlining and deletions shown by ^v°r g.
ORDINANCE NO.: 02 -07 -1903
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
DRAINAGE; AMENDING SECTION IOA -45 OF THE CITY'S
CODE IN ORDER TO REQUIRE PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT
DEVELOPMENT THAT WOULD RESULT IN CONTRIBUTING
TO OR CAUSING RECURRENT OR EXCESSIVE PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHS -OF -WAY AND TO
AMEND THE PERMITTING PROCESS SO AS TO ENSURE
PROPER REVIEW AND DRAINAGE; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of South Miami desire
to promote, protect and improve the health, safety and welfare of the residents and
businesses of, and visitors to, the City of South Miami by enhancing the minimum
requirements of the Florida Building Code; and,
WHEREAS, prior to the passage of the Florida Building Code, south Florida was
governed by the South Florida Building Code (SFBC), which code required individual
property owners to maintain all rain run -off on their property; and,
WHEREAS, the SFBC is no longer in application, and the city desires to
implement certain safeguards to ensure that stormwater drainage is properly regulated;
and,
WHEREAS, flooding is a major issue in the state of Florida and specifically a
major issue for the general health, welfare and safety of the residents and businesses of
South Miami, and,
WHEREAS, pursuant to the powers vested in South Miami pursuant to chapters
163 and 166, Florida Statutes, the City desires to enhance its minimum Housing standard,
to require, individual property owners to maintain stormwater drainage on their
properties; and,
WHEREAS, the City already amended section 20 -4.7 of the City's land
development code to require properties to maintain stormwater on site, or provide
adequate drainage so as to prevent contributing or causing recurrent and/or excessive
ponding to adjoining properties or public rights -of -way; and,
Additions shown by underlining and deletions shown by everstftking.
Pg. 2 of Ord. No. 02 -07 -1903
WHEREAS, the Mayor and City Commission desire to amend section 10A -45 of
the City's Code to require greater permitting requirements relating to flood zones.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 10A -45 is amended to reads as follows:
Application for a development permit shall be made to the building official on
forms furnished by him or her prior to any development activities, and may include, but
not be limited to, the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question, existing or proposed
structures, earthen fill, storage of materials or equipment, drainage facilities, and the
location of the foregoing. Specifically, the following information is required:
(3) Application stage.
a. Elevation in relation to mean sea level of the proposed lowest floor
(including basement) of all buildings;
b. Elevation in relation to mean sea level to which any nonresidential
building will be flood proofed;
C. Certificate from a registered professional engineer or architect that
the nonresidential floodproofed building will meet the floodproofing
criteria in section 10A- 49(2), of this article;
d. Description of the extent to which any watercourse will be altered or
relocated as the result of proposed development.
e. Survey by a profession surveyor and/or mapper to locate lowest
elevation point, and spot elevations;
f. Certified geotechnical company percolation testing to find out how
fast the water drainage; through soil to determine drainage system,
such as, exfrltration trench system;
g_ Detailed plans documenting the existing stormwater drainage
condition of the site, the adjoining properties, and rights -of way,
h. Detailed plans documenting the scope of work in order to ensure
proper drainage of the site and documenting compliance with section
20- 4.7(C)(4);
i. A 125 percent of estimated cost performance bond for public right-
of-way improvements;
1 Development, with proper expert testimony and analysis, of a
Maintenance of Traffic _(MOT ) lan, which plan shall be provided
prior to construction, to ensure safe passage of both pedestrian and
motorist traffic adjacent to proposed drainage work.
k. Submittal of all plans and permit documents to the City of South
Miami's "site review committee" which committee shall consist of
Additions shown by underlining and deletions shown by ever-stFilixg.
*Pg. 3 of Ord. No. 02 -07 -1903
representatives of the city's building, zoning, and public works
departments in order to obtain review and sign off as to proposed
development permits.
(4) Construction stage.
a. Provide a floor elevation or floodproofing certification after the
lowest floor is completed. Upon placement of the lowest floor, or
floodproofing by whatever construction means, it shall be the duty of
the permit holder to submit to the building official a certification of
elevation of the lowest floor, floodproofed elevation as built, in
relation to mean sea level. Said certification shall be prepared by, or
under the direct supervision of, a registered land surveyor or
professional engineer and certified by same. When floodproofing is
utilized for a particular building, said certification shall be prepared
by or under the direct supervision of a professional engineer or
architect and certified by same. Any work undertaken prior to
submission of the certification shall be at the permit holder's risk.
The building official shall review the floor elevation survey data
submitted. Deficiencies detected by such review shall be corrected
by the permit holder immediately and prior to further progressive
work being permitted to proceed. Failure to submit the survey or
failure to make said corrections required hereby, shall be cause to
issue a stop work order for the project, and refusal to issue a
certificate of use or occupancy.
b. Provide certification by a professional engineer, prior to completion
of construction, that development and site comply with the
requirements of 20- 4.7(C )(4). The building official shall review the
floor elevation survey data submitted. Deficiencies detected by such
review shall be corrected by the permit holder immediately and prior
to further progressive work being permitted to proceed. Failure to
submit the survey or failure to make said corrections required herein
or pursuant to section 20- 4.7(C)(4) of the City's land development
code, shall be cause to issue a stop work order for the project, and
refusal to issue a certificate of use or occupancy
Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 3. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are repealed.
Additions shown by underlining and deletions shown by evets#filcng.
Pg. 4 of Ord. No. 02 -07 -1903
Section 4. This ordinance shall be codified and included in the Code of
Ordinances.
Section 5. This ordinance shall take effect immediately p
upon enactment.
PASSED AND ADOPTED this �13/'Iay of 2007.
i
ATTEST: APPROVED;
CITY CLERK V MAYOR
1st Reading = 12/1 /06
2' Reading 1/23/07
COMMISSION VOTE: 4 -0
READ AND OVED AS TO i ORM: Mayor Feliu: Yea
- ---- Vice Mayor Wiscombe: Yea
Commissioner Birts: Yea
Luis igueredo, Commissioner Palmer: absent
agin Gallop Figueredo, P.A. Commissioner Beckman: Yea
Office of City Attorney .
i
J
i
Additions shown by underlinin and deletions shown by e
j
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 16, 2007
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chair, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Beckman, Mr. Davis,
Mr. Farfan, Ms. Young, and Ms. Yates.
Board member absent: Ms. Lahiff
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), Eve Boutsis (City Attorney), and Christian Moya (Video Support).
City staff absent: Patricia Lauderman (Planning Board secretary)
IV. Planning Board Applications/ Public ]Hearing
PB -07 -001
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO DRAINAGE; AMENDING SECTION 20 -4.7
OF THE CITY'S LAND DEVELOPMENT CODE IN ORDER TO CORRECT THE TITLE
TO REFLECT "MINIMUM STANDARDS" FOR ALL CONSTRUCTION AND NOT JUST
IDENTIFYING MINIMUM HOUSING STANDARDS; MODIFYING SUBSECTION (C) IN
ORDER TO SPECIFICALLY REQUIRE ALL PROPERTIES TO RETAIN
STORMWATER DRAINAGE ON SITE SO AS TO PREVENT DEVELOPMENT THAT
WOULD RESULT IN CONTRIBUTING TO OR CAUSING RECURRENT PONDING ON
ADJOINING PROPERTIES OR PUBLIC RIGHTS -OF -WAY; AND ELIMINATING
SUBSECTION (J) ENTITLED "CERTIFICATE OF OCCUPANCY RELATING TO
Planning Board Meeting
January 16, 20072
2
REHABILITATION AREAS AS NO SUCH CERTIFICATE IS USED IN THE CITY, AND
AS REHABILITATION AREA IS NOT DEFINED; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE.
Action: Mr. Morton read the Ordinance into the record. City Attorney Eve Boutsis
provided a brief background summary of the proposed ordinance. She explained that the
proposed ordinance amending the City's Land Development Code (LDC) was prepared by
the City's Attorney's office. The intent of the proposed ordinance is to strengthen the
City's ability to regulate stormwater runoff for all properties . The previous building code,
the South Florida Building Code contained standards regulating stormwater drainage. The
new state -wide code, the Florida Building Code does not provide standards for controlling
runoff of stormwater and the resulting ponding impact on adjoining properties and in
streets. Ms. Boutsis explained that the title of LDC Section 20 -4.7 is first being changed to
Minimum Standards, eliminating the word "residential ", because this section is applicable
to all properties.
Ms. Boutsis explained that the proposed ordinance strengthens existing Section 20 -4.7 by
requiring that ponding of stormwater must be eliminated through proper filling, elevating,
drainage, or grading of the site. The new additional wording provides that the ponding or
run -off into a public street is prohibited and that the stormwater elimination technique must
be maintained by the property owner. The draft legislation also provides the City with the
power to deny a certificate of occupancy or certificate of use until such time as proof is
provided that the development will retain stormwater on site or that adequate drainage is
provided so as to prevent the development from contributing or causing recurrent ponding
to adjoining property(ies) or public rights -of -way.
Ms. Boutsis also advised the ordinance also includes a technical change to Section J which
is an out -of -date regulation requireing a special certificate of occupancy for properties in
"rehabilitation areas" a term which does not exist under State or local laws. Mr. Youkilis
added that other sections of the LDC require the issuance of Certificate of Occupancy for
all properties.
Ms. Boutsis noted that the City Commission is in the process of considering a companion
ordinance amending the City Code Section 10A -45 which addresses development permit
applications (building permits). It adds a requirement that stormwater drainage and
engineering data must be submitted with the application. A copy of that legislation was
provided to the Board members.
Recommendation:
Staff recommended that the Planning Board approve the draft ordinance.
At this time, the Board discussed the item. Chairman Morton inquired if there was any type
of criteria in City Code Section 10A -45 which guides how extensive the stormwater data
submission should be. He was concerned that small projects like remodeling or small
additions would require a huge investment in engineering studies before a permit could be
issued. Mr. Davis also expressed concern of the cost that will be incurred by the permit
holder of smaller projects with regards to remodeling. Furthermore, Mr. Davis commented
Planning Board Meeting
January 16, 20073
3
that residents and people that do construction work or remodeling will be affected by this
change because it will cause remodeling to become less possible in the City.
Ms. Beckman indicated that she had no issue with the requirements set forth in the City
Code amendment. She did address the issue of the French drain and commented that she
preferred to keep the French drain within the property and not for it to be built close to
the swale. Ms. Yates advised that the purpose of a swale area is to hold runoff water. City
attorney Boutsis indicated that the issue of the French drain will be addressed with the
Public Works department.
Ms. Yates indicated she had no problem with the language used in Section 10A -45.
Chairman Morton did express his concern over the additional cost that will be incurred by
the applicant in order to comply 'with the stormwater regulations found in Section 10A -45.
Ms. Boutsis indicated that although the City Code amendment item was not before the
Board she would work with the Board and staff to develop more appropriate language. Ms.
Boutsis stated she had no problem with looking into the language and addressing a more
cost- effective approach for the homeowners benefit.
Mr. Perez responded that the cost of these engineering and stormwater studies could be
$3,000 to 4,000. Ms. Beckman stated that she did not have a problem with requiring these
studies because rebuilding is very expensive and could result in runoff.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker, Sr 6556 SW 76th Terrace Opposed
Mr. Tucker urged the Board to take the time to analyze the regulations because the
responsibility of the homeowner regarding all the mechanisms that ensure that the
stormwater does not drain onto other people's properties or right -of -ways. He felt that the
Board needed to be concerned with impervious surfaces.
Bob Welch 7437 SW 64 Court Neutral
Mr. Welch discussed two types of construction. He suggested to the Board that developers
keep the same grade because it allows percolation of water, therefore less retention of
water on site.
Chairman Morton closed the public hearing
Ms. Yates made a motion to amend Section 20- 4.7(C)(4) of the LDC amendment to
remove the word "remodeling" and to add the new wording "not exceeding 25% of
building footprint" after the word "addition ". She also suggested changing Section 20 -4.7
(J) which was titled "Certificate of Occupancy" to show the new title "Reserved." The
motion was seconded by Ms. Beckman. The motion failed of passage by a vote of 3 ayes
and 3 nays (Mr. Davis, Mr. Morton, Ms. Young)
Planning Board Meeting
January 16, 20074
4
Ms. Beckman made a motion to recommend approved of the proposed ordinance as
presented. There was no second.
Action. Mr. Farfan made a motion to recommend denial of the proposed ordinance as
presented. The motion was seconded by Mr. Davis. The motion was adopted by a vote of 4
ayes 2 nays (Ms. Beckman, Ms. Yates)