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04-09-90 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, APRIL 9, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of March 26, 1990 and the minutes of the Special Commission meeting held April 2, 1990 2. Recognition of visitors: A. Presentation of Census Certificate of Appreciation (Commissioner Adelaide Tucker) 3. Appearances: A. Lorin Williams, owner of Bennett's Beach Motel 4. Consent: A. Request approval of the Fire Department to hold an open house and demonstrations April 14, 1990 from 1 p.m. until 4 p.m. (Fire Chief Walter Rew) 5. Old Business: A. Application for Use by Exception for car sale and rental at corner of Atlantic Boulevard and Aquatic Drive (Community Development Director Rene' Angers) B. Discussion and related action on proposed contract (as amended) by Gee and Jenson for Wastewater Treatment Plant Consolidation (Acting Public Services Director Harry McNally) C. Reconsideration of proposal for pay and job classification study (Mayor William Gulliford) 6. Action on Ordinances: A. Second reading and public hearing of Ordinance #95-90-45 adding "services" to list of items sold, limiting the hours solicitors can visit, eliminating requirement for fingerprints 7. New Business: A. Preliminary plat review and waiver of subdivision regulations; Lots 10 and 11 Mayport Industrial Park (Community Development Director Rene' Angers) B. Acquisition of the Thelma Griffin property in Section H C. Property across from Public Safety building D. Public hearing on Community Development Block Grant 1st. year program amendment and 2nd. year program E. Proposed lift station change for Section H project 8. City Manager reports and/or correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF THE ATT IC BEACH CITY COM- V V MISSION HELD AT CITY HALL ON MONDAY, APRIL 9, 1990 AT 7:15 PM O O T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook, Sr. D D Glenn A. Edwards Adelaide R. Tucker John W. Weldon, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of March 26, 1990 and the minutes of the Special Called meeting of April 2, 1990 Cook x x Motion: Approve minutes of the regular meeting of March 26, Edwards x 1990 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Cook x Notion: Approve minutes of special meeting of April 2, 1990 Edwards x x Tucker x x Weldon No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of Visitors: Kathy Russell, 2117 Beach Avenue, said that Beach Avenue ends at her home and asked that something be done to alleviate the problem of motorists entering that unpaved stretch of roadway north of Twentieth Street and turning around in her driveway. Mayor Gulliford said drainage had been a problem in that area and efforts had been made to get the property owners to grant 25-foot utility easements to the city to allow improvements to be made to the roadway and the drainage. The City Attorney reported he had received letters from the majority of the property owners expressing a willingness to grant the easements. The City Manager said if the city accepted the easements and paved the road it would then become public property and the situation with traffic could worsen. Discussion ensued regarding erecting barricades or installing additional signs and Mayor Gulliford said this matter had been discussed several times over the past year or so and he asked that the City Manager look into the matter and report back at the next commission meeting. A. Presentation of Census Certificates of Appreciation Commissioner Tucker said that four businesses had donated money for the acquisition of a banner to publicize the census and she PAGE TWO V V MINUTES NAME OF APRIL 9, 1990 COMMRS. M S Y N presented Certificates of Appreciation to The Ragtime Tavern, The Sun-Dog Diner, Mabry Development Company, and The Atlantic Beach . Sandwich Shop. She also acknowledged the Atlantic Beach Complete Count Census Committee. 3. Appearances: A. Lorin Williams, owner of Bennett's Beach Nbtel Mayor Gulliford reported this item had been withdrawn. 4. Consent Agenda: A. Request approval for the Fire Department to hold an open house and demonstrations April 14, 1990 aun 1:00 PM until 4:00 PM Cook x x Edwards x x Notion: Approve passage of Consent Agenda maker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 5. Old Business: A. Public Hearing on an application for use by exception for used car sales and car rental at the corner of Atlantic Boulevard and Aquatic Drive Mayor Gulliford opened the floor for a public hearing and invited comments from the audience. Barbara Bonner, 463 Selva Lakes Circle, said in view of the number of children in the vicinity because of the aquatic pool and a bus stop, she felt the additional traffic which would be generated by the proposed business would cause a safety hazard. Alan Potter, 374 Second Street, Vice-President of Beaches Aquatic Pool, said the Board of Directors of the Beaches Aquatic Pool was opposed to the use of the property as requested because they did not feel it was compatible with the activities at the pool. Since no one else spoke for or against the matter, the Mayor declared the public hearing closed. Cook x Edwards x Notion: Grant use by exception for car sales, car rental, Tucker x x and car wash as requested Weldon x x Gulliford x Brief discussion ensued regarding the permitted uses in that area and the current traffic problems. The question was called and the motion was defeated by unanimous vote. B. Discussion and related action on proposed contract by Gee and Jenson for Wastewater Treatment Plant Consolidation The City Manager reported, at the direction of the City Commission, city staff and consulting engineers had met and negotiated changes to the contract and he asked Bill Armentrout of Gee and Jenson to explain the changes. Mr. Armentrout said they proposed to undertake a scope of work which would provide for the completion of projects which are PAGE FOUR V V MINUTES NAME OF APRIL 9, 1990 COMMRS. MSYN currently budgeted for the Buccaneer area. He referred to the nine projects listed on page ten of the agreement dated April 9, 1990 . and briefly outlined each. He said by eliminating the need for conducting the major sewer system evaluation survey and major sewer system rehabilitation programs in the Buccaneer area, the fees for the overall scope of work had been reduced by approximately $100,000. He said limited evaluation and rehabilitation in the Buccaneer district had been provided for; however, if it was found to be unnecessary, this work would not be undertaken. He said the contract had been modified to provide for naming the City Manager as the contact person with the engineers, but the Commission would negotiate fees and provide notice to proceed with each task. He also provided an amended version of the paragraph relative to "Ownership and Use of Documents" and urged the City Commission to authorize execution of the contract. Motion: Authorize Mayor to execute the agreement with CP & Edwards x Jenson for engineering services in connection with Weldon x wastewater system improvements and possible consolidation, subject to substitution of inclusion of the new paragraph on Ownership and Use of Documents Commissioner Weldon asked that the provision for fees at personnel cost times a factor of 2.5 be eliminated since this had been included in the estimated fees listed on page ten. It was pointed out the figures on page ten were estimates but actual charges would be based on the personnel cost times 2.5. In view of his past experience with the Buccaneer Service Company and knowledge of the Buccaneer system, the Mayor afforded Alan Potter, 374 Second Street, an opportunity to speak to the matter. Mr. Potter outlined the purchase of the Buccaneer Service Company, its financing, and the ultimate benefit to the citizens of Atlantic Beach. He said he did not feel it was in the best interests of the city to incur a lot of expenses concerning Buccaneer that would not create capital assets. He said he had a file of as-built drawings of the Buccaneer system and another engineering firm had prepared a master plan of the system as it existed five years ago. It was his opinion if the Buccaneer plant was properly maintained it would provide excellent service for at least ten years. The force main for the Courtyards runs northerly on Sherry Drive, Wonderwood Road, and westerly to the plant. He suggested building a force main from the vicinity of Sherry Drive just east of the Courtyards to the Atlantic Beach plant to divert the entire flow and said this would ease the load on the Buccaneer plant which is nearing capacity. He encouraged the City Commission to undertake each step of this project as needed, on a pay-as-you-go basis. He requested the city study this project more thoroughly, retire the debt on Buccaneer as soon as possible and let the proceeds from operations be used to upgrade the system and eventually tie into Atlantic Beach. MINUTES V V PAGE FOUR NAME OF APRIL 9, 1990 COMMRS. MSYN Harry McNally, Acting Public Services Director, said he agreed with Mr. Potter and reported that they had already been working on some . of his suggestions. He said the budget included $750,000 for improvements in the Buccaneer district. He identified as priorities the collection system, an evaluation of the Buccaneer plant, adding additional capacity to the Buccaneer system, and rehabilitation in the Oak Harbor area. In response to the comments Mr. Armentrout said it was not their intention to undertake the entire $16 million program but were trying to generate the information needed to determine how the project should be done. He said all the items on the list would eventually have to be undertaken and at the end of the first phase they would be able to advise the city on when the various tasks should be undertaken, and in conjunction with the financial advisor, how they should be funded. However, he said the first nine tasks needed to be done to allow the system to operate to provide the time required to properly evaluate how to proceed. Discussion ensued relative to the fees and the Mayor asked if Mr. Armentrout would be willing to lock into a not-to-exceed figure and Mr. Armentrout said he would not have any objections to changing the fees on the first nine items to not-to-exceed amounts based on the scopes stated. The City Manager explained both the Buccaneer and Atlantic Beach plants were nearing capacity and he wanted the City Commission to be aware of the entire picture. He agreed with the scope of services for the first nine items and said in view of the fact EPA, DER, and Bio-Environmental Services were demanding the city improve the systems he felt it was important to move ahead with the project. He felt the ultimate need would be for consolidation of the plants but the interim measures were needed until such time as consolidation was affordable. Mr. Potter said the Buccaneer plant had capability of providing better treatment than was required by the state for the St. Johns River. He said the lift station which takes the effluent from the Courtyards and several trailer parks north of there, with the construction of a force main along Sherry Drive south to the plant, could also handle all the flow from Oceanwalk and divert it to the Atlantic Beach plant. This would be the basis of future consolidation and he encouraged the city to proceed in that direction. Harry McNally again spoke to the matter and requested authorization to proceed at least with items 2, 4, 8 and 9. Crmni SSioner Weldon then withdrew his motion and Commissioner oner Edwards withdrew his second. PAGE FIVE V V MINUTES NAME OF APRIL 9, 1990 COMMRS. M S Y N Substitute Notion: Authorize the Mayor to sign agreement with Gee and Jenson for engineering services in connection with Items 2, 4, 8 and 9 of their Cook x x proposed sewer improvements program, said agreement Edwards x to include the amended paragraph entitled "Ownership Tucker x and Use of Documents, subject to agreement the fees Weldon x x quoted are on a not-to-exceed basis, and subject to Gulliford x review of the agreement by the City Attorney No further discussion. The motion was unanimously approved. C. Reconsideration of proposal for pay and classification study. Mayor Gulliford said this item had been included on the agenda at his request. He said at the previous meeting he had expressed concern about the amount of money the city had spent for consulting fees and he felt this had influenced the commissioners in their vote. Cook x . Edwards x Notion: Reconsider the matter of the proposed pay and job Tucker x classification study Weldon x x Gulliford x x Commissioner Weldon expressed concern that he had been asked to head this committee and to make recommendations to the City Commission but had not been given information about the two studies which had previously been done. The question was called and the motion carried on a 4 - 1 vote with Commissioner Edwards voting Nay. Cook x x Notion: Accept recommendation of the committee and enter Edwards x into contract with MSN, Inc. , Management Tucker x Consultants, for a pay and classification study in Weldon x x an amount not to exceed $12,025 Gulliford x No further discussion. The motion carried unanimously. 6. Action on Ordinances: A. Ordinance No. 95-90-45 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANTIC BEACH, AMENDING CHAPTER 18, SOLICITORS, ADDING "SERVICES" TO LIST OF ITEMS SOLD, LIMITING THE HOURS THAT SOLICITORS MAY VISIT, ELIMINATING REQUIREMENT FOR FINGERPRINTS, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 95-90-45, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. John Soo, 1643 Sea Oats Drive, spoke in opposition to the ordinance stating that it would inhibit the activities of the real estate professionals who observe the property owners' rights. Peter PAGE SIX V V MINUTES NAME OF APRIL 9, 1990 COMMRS. M S Y N Sapia, 1655 Selva Marina Drive, also a realtor, spoke in opposition to any further restrictions. Chief Thompson said criminals often . go door to door in an effort to ascertain whether a resident is home before burglarizing homes. The ordinance was not intended to prevent any person from carrying on legitimate business activities, but to establish a level of control so the Police Department could check the backgrounds of those involved, if necessary. Louis MacDonell, 1535 Selva Marina Drive, said the intent of the ordinance was good but he did not feel it was intended to include licensed, professionals such as realtors. Ken Williams, a realtor from Ponte Vedra, agreed with Mr. MacDonell and said realtors are a self-governing, self-policing group of professionals. John Baillie, 1923 Beach Avenue, said he understood Chief Thompson's position but he did not feel that licensing would prevent criminals from using this method to check out homes for potential burglaries. Commissioner Cook declared a conflict of interest based on the fact that he is a realtor and was given Form 8B by the City Clerk. He agreed with both the realtors who had spoken as well as Chief Thompson. He said he did not object to establishing hours solicitors could visit or eliminating the requirement to fingerprint applicants for solicitors permits. However, he suggested that realtors be exempted from the provisions of the ordinance and explained the difference between realtors and real estate agents. Since no one else spoke for or against the matter the Mayor declared the public hearing closed and called for a motion. Cook Did not Vote) Edwards x Motion: Approve passage of Ordinance No. 95-90-45 on final Tucker x x reading Weldon x x Gulliford x Discussion ensued regarding the exemption requested by Commissioner Cook and the suggested hours that solicitors could visit. The question was called and the motion was unanimously defeated. 7. New Business: A. Preliminary plat review and waiver of subdivision regulations on Lots 10 and 11, Mayport Industrial Park Cook x x Edwards x Motion: Refer to Cb m unity Development Board for their Tucker x x review and recommendation Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. B. Acquisition of the Thelma Giffin property in Section H Mayor Gulliford reported the city was negotiating for the purchase of Lot 16 to the north of Ms. Griffin's property and until a response had been received from that property owner, he suggested no action be taken on the Griffin property. PAGE SEVEN V V MINUTES NAME OF APRIL 9, 1990 COMMRS. MSYN C. Report on possible acquisition of property adjacent to the Public Safety Building The City Manager reported he had contacted the neighbors surrounding said property and they were totally opposed to the city acquiring the property for parking purposes. In view of the circumstances, it was the general consensus not to pursue the purchase of this property. D. Public Hearing on Comity Development Block Grant first year program amendment and second year program Before opening the floor for a public hearing, Mayor Gulliford invited Stan Reigger of Urban Planning Services, Inc. , The city's consultant on the CDBG, to address the matter. Mr. Reigger provided a brief synopsis of the revisions to the first year CDBG, and the proposal for the second year, copy of which is attached hereto and made a part hereof. He commended the staff and citizens for their work on the matter. Joyce Freeman, 334 Skate Road, spoke to the matter and said she hoped the monies would be used to rehabilitate the homes of the elderly, handicapped, and those with very low incomes. Mr. Reigger said thirteen homes had been identified which may be eligible for improvements. Jacksonville HUD was supportive of the action of Atlantic Beach and asked that the approved changes be submitted to them the following day. Since no one else spoke to the matter, the Mayor declared the public hearing closed. Cook x x Motion: Approve amendment to change monies intended to Edwards x x improve Jordan Park to create a deferred loan Weldon x program for elderly, handicapped and the very low Tucker x income Gulliford x Further discussion ensued regarding the amendments and Commissioner Weldon inquired into the criteria for qualification. He was advised the elderly, handicapped and low income residents would be eligible and HUD guidelines would be applied to determine the most needy. The decision regarding recipients of benefits would be made by the citizens committee. The question was called and the motion carried unanimously. Discussion then ensued regarding the funds for the second year program and it was pointed out changes could be made regarding the allocation of those funds. Cook x x Edwards x x Motion: Authorize allocation of funds for second year grant Tucker x as recommended Weldon x Gulliford x No further discussion. The motion carried unanimously. PAGE EIGHT V V MINUTES NAME OF APRIL 9, 1990 COMMRS. M S Y N Mr. Reigger pointed out a list of candidates for the monies would be compiled by Rene' Angers, and selection would be made based on . the lowest income. E. Proposed lift station change for Section H project The City Manager reported the engineers had met with city staff regarding lift stations and had made recommendations for changes to bring the Section H stations into conformity with the city's normal specifications and standards which would result in a savings of approximately $13,000. Cook x Edwards x Notion: Authorize changes to lift stations as recommended Tucker x x Weldon x x No further discussion. The motion carried unanimously. Gulliford x 8. City Manager reports and/or correspondence: In connection with the city's search for a Public Services Director, the City Manager reminded the Commission, while the city is looking for an engineer to fill that position, the new employee will spend much of his time managing the entire public works operation and managing personnel. It would not be reasonable to expect him to be responsible for design and detailed work but would be expected to represent the city in such matters. Discussion ensued regarding the possibility of having an engineer on a consultant basis but it was the general consensus it would be more beneficial to the city to have an engineer on staff. Mayor Gulliford reported he had received a hurricane evacuation procedure from the Commanding Officer of the Mayport Naval Station. He said the city needed to consider the approaching hurricane season and make emergency plans. There being no further business to come before the Commission, the Mayor declared the meeting adjourned. AilA ,h A LA Wi liamm Gulli o Mayor/Presiding O fic=; ATTEST?, Maure n King, City Cler FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE fl . • . .t—/L1 MAILING ADDRESS / THE BOARD, COUNCIL, COMMISSION,AUTHORITY, OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: L/ t CITY i? COUNTY L 1 OTHER LOCAL AGENCY CIYY __COUNTY NAME OF POLITICAL SUBDIVISION: l !it Jl / & 'j- r__ /- &'0Ct_i"' DATE ON WHICH VOTE OCCURRED :1 /'c' MY POSI'T'ION IS: <<L_ i • " EL.ECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. • In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure Which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. • A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. . • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. • IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minty of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST ,(' TR) Cr>())� 19, hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: U ' , , L I _ pp . (sem Com( , -Q- ))-9-Q-v\ qb • Date Filed gnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM BR- 10-86 PAGE 2 ■U . m ■ ■ URBAN PLANNING • MEMORANDUM SERVICES,INC TO: Atlantic Beach City Commission 333 NORTH LAURA STREET FROM: Stan Reigger and Rene Angers THE GALLERIA BUILDING SUITE 365 SUBJECT: Community Development JACKSONVILLE,FLORIDA 32202 DATE: April 9, 1990 904632-1253 A brief synopsis of the revisions to the Community Development Block Grant for this year and the proposal for the second year of funding follows. Total Grant Award $112 .000.00 Housing Services: Codes Enforcement $ 3, 900.00 Lot Clearance $ 10,345.00 Deferred loan for housing rehab $ 51,050.00 Planning $ 22,500.00 Program Administration $ 24,205.00 The second year CDBG Grant application is to include the items as listed below: Total Grant Award $106, 960.00 Housing Services: Codes Enforcement $ 3, 900.00 Deferred loan for housing rehab $ 79,358.00 Program Administration $ 23,702 .00 The funding categories in the first year have been changed by deleting the Park improvements and adding the deferred rehabilitation loan program. The maximum amount of any single loan will be $20,000. The terms and conditions will vary according to the loan amount. For example, a $5,000 loan will be forgiven in 5 years. The loan amount will consist of the actual cost of rehabilitation and related expenses necessary to make the dwelling conform to HUD minimum housing standards. It should also be noted that the City of Jacksonville Rental Rehabilitation Loans and low interest Rehab loans for the remaining residents of the target neighborhood that qualify will still be available. Also efforts to create a Community Development Corporation as well as the City's initiatives to improve the neighborhood such as the eastern entrance to Donner Road will continue.