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11-12-90 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, NOVEMBER 12, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of October 22, 1990 and special commission meeting November 7, 1990 2. Recognition of visitors: 3. Consent Agenda: A. Approval to decrease Change Order #26 by $3,831.50 relative to the relocation of the force main due to landfill and existing sanitary sewer adjustment on West 1st. Street in Section H (William Howell, Project Manager) 4. Committee Reports: A. Chairman of the Awards Committee, Commissioner Edwards, with a report and recommendation relative to Major Sewer Rehab, parts C, D, E and F B. Chairman of the Awards Committee, Commissioner Edwards, with a report and recommendation relative to Community Development Block Grant-Housing bid #8990-23R 5. Action on Resolutions: A. Request approval of Resolution #90-18 urging Congress to adopt legislation to remove the restrictions imposed upon the Bell Operating Companies. (Richard Brown, Southern Bell rep.) 6. Old Business: A. Discussion and related action regarding refunding of City debt (Mike Burton, Financial Advisor) 7. Action on Ordinances: A. Introduction and first reading of Ordinance #80-90-43 relative to Stormwater Management Utility (Jim Scholl, CH2M Hill rep.) B. Intorduction and first reading of Ordinance #80-90-44 relative to Stormwater Management Utility Fee ( Jim Scholl, CH2M Hill rep.) 8. New Business: A. Seek approval to Change Order #22 (revised) , Section H, to increase project by $2,275 to reroute water mains on west end of Levy Road between Main St. and Jasmine St. (William Howell, Project Manager) B. Seek approval to Change Order #27, Section H, to extend contract days by 70 (William Howell, Project Manager) C. Discussion and related action of a request by BHR to increase their bill not to exceed $5,000 for time and material relative to swales in Section H (BHR representative) D. Discussion and related action relative to extending the construction observation contract of BHR for and additional 100 days at a cost of $22,880 (BHR representative) E. Discussion and related action for modification changing swales to curb and gutter in Section H (William Howell, Project Manager) F. Discussion in reference to improvements in Section H in the area of W 9 St. and W. 10 St.-Ira Bratcher property (William Howell, Project Manager) 11/12/90 Commission Meeting Agenda (Cont.) G. Public hearing for "Use by Exception" filed by the Naval Continuing Care Retirement Foundation, Inc. for the sale and use of alcoholic beverages at the Fleet Landing development. (Tom Brennan, Haskell Development Director) H. Request to approve a list of items to be declared surplus I. Discussion and related action regarding the amendment of the professional services contract with Urban Planning Services for work related to the implementation of the CDBG grant in the Donner Subdivision J. Discussion and request for approval for payment of $2,600 to First Coast Environmental Laboratory for water tests at the Buccaneer Plant (Division Chief Harry McNally) K. Discussion and related action relative to Fiscal Year 1990/91 audit (Harry Royal, Finance Director) L. Approval of purchase of total residual chlorine monitor for the Atlantic Beach WWTP for $6,643 (Robert Kosoy, Public Services Director) M. Discussion and related action regarding licensing of night clubs (Karen Moore, Acting City Clerk) N. Discussion and related action relative to the supplemental authorization for Gee & Jenson, Inc. to prepare a revised response to the Florida Department of Community Affairs regarding the content of the City Comprehensive Plan 9. City Manager reports and/or correspondence: 10. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM— MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, NOVEMBER 12, 1990 V V 'RESENT: William I. Gulliford, Jr. , Mayor O O Robert B. Cook, Sr. T T Glenn A. Edwards E E Adelaide R. Tucker D D John W. Weldon, Commissioners AND: Harry E. Royal, Acting City Manager M S Alan C. Jensen, City Attorney 0 E Karen S. Moore, Acting City Clerk T C I O Y ABSENT: Kim D. Leinbach, City Manager (Excused) NAME OF ONEN Maureen King, City Clerk (Excused) 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. The Mayor pointed out that the City Manager was not present due to the fact that it was his birthday. Harry Royal was filling in for him at the meeting. He also pointed out the City Clerk was attending a Clerks' meeting in Sarasota. He thought it was appropriate to appoint Karen Moore as Acting City Clerk in her absence. Motion: Appoint Karen Moore as Acting City Clerk in Mrs. King's absence. Cook x x Edwards x Tucker x x Weldon x Gulliford x No discussion before the vote. Motion carried unanimously. 1. Approval of the minutes of the regular meeting of October 22, 1990 Cook K Motion: Approve minutes of the regular meeting of October Edwards x K 22, 1990 Tucker K K Weldon K Gulliford No discussion before the vote. The motion carried unanimously. Approval of the minutes of the special meeting of November 7, 1990 Cook x Edwards x Motion: Approve minutes of the special meeting of November Tucker x x 7, 1990 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE TWO MINUTES V V NOVEMBER 12, 1990 NAME OF COMMAS. M S Y N 2. Recognition of visitors: Mary Wilson, 2335 Oceanwalk Drive West, stated she and her husband had moved to Atlantic Beach a year ago and started building a house in Oceanwalk. She said during construction, it became apparent that two trees close to the house were dead. They talked to their builder in order to have the two trees removed before they caused damage to their house and he agreed to remove them. She stated that while removing the trees, the builder was notified by someone that he needed to have approval to remove the trees. Mrs. Wilson said her builder appeared before the Tree Conservation Board and was told he would need to present to the board a plan to replace the trees. She stated the plans were submitted to the city for the board's review but they were unable to contact anyone for the approval to remove the trees. She said she tried to contact the City Manager a number of times but could not get in touch with him. The Wilsons finally had the trees removed. She stated Don Ford had been advised by this date and informed her there was no C/O for the address due to the fact the Tree Board asked him not to issue the C/O until the Wilsons plans were approved. At that point, Mrs. Wilson got in touch with the Mayor who asked her to come to the meeting and tell her story to the other Commissioners. Mayor Gulliford stated the Board took it upon itself to eliminate the designee and to approve and review all of the plans. He stated he went to the board meeting and cautioned them that if they were willing to donate the time to review the plans that that would be fine. Commissioner Weldon said he did not believe the ordinance stated that you had to replace a dead tree, only a live one, so he felt the Tree Board was out of order on that instance. Dezmond Waters spoke for the Tree Board and stated that the Wilson's builder had agreed to bring the plans to them for their review; however, they had not received the copies of the plan. He said the Board did not dismiss the designee. Mr. Ford had asked for another designee and the Board had written a formal letter in that regard. He believed that the Tree Board was totally within their rights the way they handled the situation with the Wilsons. PAGE THREE • MINUTES V V NOVEMBER 12, 1990 NAME OF COMMAS. M S Y N Mayor Gulliford stated it was fine to protect and preserve the trees but it was not fine to hold people up and that was his concern. He also stated he did not receive a letter from the Board making a formal request for another designee nor had he heard anything about it. He instructed Don Ford to issue the Wilson's C/O as soon as possible. Pat Manaman„ 2260 Azalea Drive, stated she was concerned about the indigent people at the beaches and proposed the city contact Tommy Hazouri and ask for help for those people. The Mayor suggested she contact Volunteer Jacksonville Beaches and see if that would not be a better avenue to pursue. He said he would make some type of request to the City of Jacksonville on this matter. Gary Wetherhold, 316 Oceanwalk Drive North, addressed the Commission as to the inadequate performance of the City of Atlantic Beach Employee Pension Plan. He stated he and his wife had been following the pension fund for three years and as of late, the $2.3 million that had been invested had lost 3.2% in the last ninety days. He believes that the year-to-date return of negative 0.2% is totally inadequate and the Pension Board should seek to have the employees' plan opened for interested parties to bid for the business. He asked the assistance of the Commission in having the account handled by stronger investment respresentatives who understood how to operate a plan of this size. Mayor Gulliford stated that at one time commissioners were allowed to sit on pension boards but the state amended the statutory regulations on pension boards, established a five man board and stated that commissioners could no longer serve on the boards. The statutory regulation read that the commissioners were to appoint two people, the employees were to appoint two people and the four of them would appoint the fifth person. All of the responsibilities were left to the pension board. He stated that the commission might respectfully ask the pension board for a report and the Commission might encourage them to continue to pursue the best return possible. Mayor Gulliford instructed Mr. Jensen, Mr. Royal and the City Manager to look into the matter and report back to the commission at the next meeting. At the Mayor's request, agenda item 8M was taken out of sequence and considered next. 8. New Business: M. Discussion and related action regarding licensing of night clubs Mayor Gulliford stated that Ernest Davis, owner of the Vooswar Restaurant and Lounge wanted to address the commission relative to • PAGE FOUR V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN the definition of a night club. The Mayor stated Mrs. King had forwarded suggested definitions of Night Clubs, Bar/Lounge/Tavern and Dance Hall to the City Attorney for his review. Mayor Gulliford questioned if there was any limitation on frequency of live shows at night clubs. Mr. Davis stated he operated a disco and every now and then had female impersonators, when he could afford them. He said he did not have bands come in because he could not afford them. After a brief discussion relative to the definitions of Night Clubs, Bar/Lounge/Tavern and Dance Halls, the Mayor instructed the Acting City Clerk to issue Mr. Davis the same license he had last year. He also instructed the Acting City Manager to make sure that the matter of definitions would be brought the attention of the Commission at the next regular meeting. 3. Consent Agenda: A. Approval to decrease Change Order #26 by $3,831.50 relative to the relocation of the force main due to landfill and existing sanitary sewer adjustment on West 1st Street in Section H Cook x Edwards x Tucker x Weldon x Motion: Approve passage of Consent Agenda Gulliford x No discussion before the vote. The motion carried unanimously. At the Mayor's request, agenda item 8E was take out of sequence and considered next. 8. New Business: E. Discussion and related action for modification/changing swales to curb and gutter in Section H The Mayor called on Billy Howell, Project Manager for Section H who in turn called on Bill Layton of Bessent, Hammack & Ruckman. Mr. Layton stated they had gone through the Section H plans as a result of the last meeting, they had asked St. Johns Water Management District to inspect some of the streets. He stated they had come to a working agreement where the Water Management District will look at the proposed revisions that would make the swales more shallow and the side banks less steep. He stated the Water Management District was not willing to put into writing any relief from the amount of water quality treatment that was required to provide when the job was originally permitted. They simply feel that after looking at what the swales had caused, there may be some PAGE FIVE MINUTES V V NOVEMBER 12, 1990 NAME OF COMMRS. M S Y N areas where they could provide some relief to the residents of Section H by revising the grades. He stated they went through on a street by street basis and took the following things into consideration: They wanted to make sure the swales that were created would keep the water below the subgrade of the streets so they would not deteriorate; wanted to insure a continuous drainage system which would allow the water to drain and not collect on any of the streets; wanted to insure that what ever they came up with, would allow the Water Management District to issue a modification of permit. He stated that the plans would reduce the total volume of the swales by almost 2/3rd. He stated they would contact the Water Management District and show them the areas that were developed prior to the start of the project, the only area that is required for treatment was the water that is actually generated by the paved streets. He said the modifications to the plan creates a few problems in that the drainage system that was in place was set for the deeper swales particularly where there are equalizer pipes underneath intersections. He stated that in order to make the swales more shallow, this would create pockets where debris may accumulate at either end of the drainage pipes that go underneath the streets. Jane Bennett, 273 Camelia Street wanted to know if the plans Mr. Layton spoke of had already been submitted to the St. Johns Water Management District. Mr. Layton stated that last Friday, November 9, he had spoken with Mr. Brown of the Water Management District trying to get him to commit in writing to allowing them to reduce the water quality. But Mr. Brown would only allow the more shallow swales and flatter side slops. Ms. Bennett asked why they didn't put proper drainage from West 1st on Camelia to West 3rd Street instead of the ditches. Mr. Layton stated that as a result of many public meetings four years ago, it was elected not to do a pipe system but to do a swale system. He explained that a swale system reduced the amount of pipe that had to go into the ground and was a cost saving measure. It provided for a treatment area that was associated with every drainage basin. Mr. Layton said the swales would be 12 feet wide and 18 to 24 inches deep. Ms. Bennett at this time showed the commissioner pictures of children playing in the swales. Mike Hoffman, 272 Camelia Street asked if the 12 feet swales would hold all the water draining from the lots to the streets. Mr. Layton stated the swales conveys the water down the street. The other citizens who stated similar concerns about the swales were Presley Bryant, 162 Camelia Street, and Judy West, 1464 PAGE SIX V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN Camelia Street, Sandy Hackett, 265 Camelia Street. Some questioned the idea of installing piping instead of the swales. After a lengthy discussion relative to the swales, Mayor Gulliford asked Mr. Layton to proceed with submitting the plans to the St. Johns Water Management, see what response the city gets back from them, then get some cost estimates per linear foot on piping some areas. Mayor Gulliford said as soon as the city hears back from St. Johns Water Management District, he would ask that the item be placed on the agenda. He urged the residents to check with the City Clerk as to when it would be an agenda item. He stated he would like to continue to pursue it and come up with at least a partial solution to the problem. At this time, Mayor Gulliford called a five minutes recess. At the Mayor's request agenda items 8A, 8B, 8C, 8D and 8F were taken out of sequence and were considered next. 8 New Business: F. Discussion in reference to improvements in Section H in the area of W. 9th and W. 10th Street — Ira Bratcher property Mayor Howell stated at a previous meeting where Paul Eakin was representing Ira Bratcher, there were suggestions made relative to their acquiring an engineer who could present some different ideas for the improvements in front of Mr. Bratcher's property. Paul Eakin, of the law firm of Noe, Eakin & Foody appeared before the commission representing Mr. Bratcher. He stated at the previous meeting, they were granted a thirty day extension in which to submit the modified engineering plans to the District, then come back to the Commission with the their opinion as to the modified plans. He said there were still several days left in that thirty day extension; however, he wanted to advise the commission that the plans have been completed and their engineer had a meeting scheduled with Mr. Brown, of the Water Management District, the next day. He stated he had just learned BHR also had modified plans up for review with the District; however, their modified plans were not based on BHR's plans now pending before the District. He asked the commission to grant them sufficient time to go back and redesign their plans based on the modified plans of BHR if in fact those plans are accepted by the District. Mayor Gulliford stated he had no problem with the time as long as it didn' t run the risk of costing the city more money. Mr. Layton said what they are suggesting to the commission and what Mr. PAGE SEVEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN Bratcher was suggesting was not necessarily the same thing. Mr. Bratcher wanted his frontages all curb and gutter; and, BHR was suggesting reviewing the swales and possibly reducing the depth of them. Commission Weldon asked Mr. Eakin if the commission knew what was proposed to the Water Management District. Mr. Snellings, the engineer acquired by Mr. Bratcher, stated he had sent a sketch to BHR of the basic design they were proposing of the relocation of the treatment volume to West 10th Street. Those proposals were to provide curb and gutter along West 10th Street, pay for the treatment volume that would have been provided in the swale system along that street and put that system along the easterly right-of-way on Orchid Street. He said the plans would be presented to the Water Management District the next day. Mayor Gulliford asked if the extension of the time frame would cost the city additional money. Mr. Layton stated the contractor told him if they don't make some kind of decision in the very near future, the contractor would pull off the job and charge the city for remobilizaton. layor Gulliford suggested a special meeting could be held Monday, November 19 at 7:15 pm to review the decisions of the Water Management District if necessary. A. Seek approval to Change Order #22 (revised) , Section H to increase project by $2,275 to reroute water mains on west end of Levy Road between Main Street and Jasmine Street Motion: Approve the passage of Change Order #22 Cook x Edwards x Tucker x x No discussion before the vote. The motion carried unanimously. Weldon x Gulliford x B. Seek approval of Change Order #27, Section H, to extend contract days by 70 Motion: Approve the passage of Change Order #27 Cook x x Edwards x x Tucker x No discussion before the vote. The motion carried unanimously. Weldon Gulliford PAGE EIGHT V V MINUTES NAME OF NOVEMBER 12, 1990 COMMAS. MSYN C. Discussion and related action on a request by BHR to increase their bill not to exceed $5,000 for time and material relative to swales in Section H Billy Howell stated this item was related to additional expenses that would be brought about for time and materials relative to the swales in Section H with the maximum not to exceed $5,000. Motion: Approve the request by BHR to increase their bill not to exceed $5,000 for time and materials Cook x relative to swales in Section H Edwards x Tucker g x Weldon x x Gulliford x No discussion before the vote. The question was called and passed on a 4-1 vote with Commission Weldon voting nay. D. Discussion and related action relative to extending the construction observation contract of BHR for an additional 100 days at a cost of $22,880 Preston Doub stated this was in response to the contractors !xtension of 100 days to complete construction of the Section H )roject. He said they needed to extend their construction observation contract to cover those additional 100 calendar days. Motion: Approve extending the construction observation contact of BHR for an additional 100 days at a Cook g x cost of $22,880 Edwards Tucker x x Weldon x Gulliford x No discussion before the vote. The question was called and passed on a 4-1 vote with Commission Weldon voting nay. 4. Committee Reports: A. Chairman of the Awards Committee, Commissioner Edwards, with a report and recommendation relative to Major Sewer Rehab, parts C, D, E and F Commission Edwards reported four bids had been received for the Major Sewer Rehabilitation of Sections C, D, E, and F of the sewer plant. The committee reviewed all bids and recommended John-Woody, Incorporated as lowest and best bidder in the amount of $542,609.50. PAGE NINE V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN Cook x x Motion: Accept the recommendation of the Awards Committee Edwards x x and award bid for Major Sewer Rehabilitation parts Tucker x C, D, E and F to John-Woody, Inc., in the amount Weldon x of $542,609.50 Gulliford x Mayor Gulliford complemented Bob Kosoy for the fine work he did on this project saying it had saved the city about $100,000 by re-bidding the project. The question was called and the motion carried unanimously. B. Chairman of the Awards Committee, Commissioner Edwards, with a report and recommendation relative to Community Development Block Grant-Housing Bid #8990-23R Commissioner Edwards reported four bids had been received for the Housing Rehabilitation on two homes on Jackson Road and Ardella Road. The committee, after reviewing the bids, recommended to accept the bid from Staco of Jacksonville as the lowest responsible bidder in the amount of $28,760.00. Cook x Motion: Accept the recommendation of the Awards Committee Edwards x x and award bid for Housing Rehabilitation to Staco Tucker x x of Jacksonville in the amount of $28,760.00 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 5. Action on Resolutions: A. Request approval of Resolution #90-18 urging Congress to adopt legislation to remove the restrictions imposed upon the Bell Operating Companies At the Mayor's request, action on Resolution No. 90-18 was deferred until the next City Commission meeting. 6. Old Business: A. Discussion and related action regarding refunding of City debt Mike Burton, Financial Advisor, reported to the on the rate study he was preparing to the Commission. He presented the with a schedule showing the rate requirements that were necessary for the funding plan. He stated the funding plan was to refund the existing water and sewer dead issues before the end of the year in order to clear up the revenue pledge. The next part of the plan was to issue another bond issue in the first part of the next calendar year, February or March of 1991, in order to fund the capital improvement program. Mr. Burton proposed another $5 million issue in the first part of 1992 to fund the balance of the capital improvement requirements PAGE TEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMAS. MSYN which were shown on schedule 3. Mr. Burton said the city was looking at a $9.8 million capital improvement program which he believes can be funded with the two $5 million new money issues. He stated the net impact of this program was to issue the refunding bonds by the end of the year. This would require no rate increase, because the total debt service on the bonds today was $680,000. The debt service on the refunding bonds was going to be about $380,000 per year. When the new money bonds are issued next year, there would be another component of debt service which would come into the equation. He stated that by February 1st, there must be new rates in place to cover the debt service for the new money issued. Mayor Gulliford asked whether this program would anticipate any kind of contribution out of the utility operation into the General Fund. Mr. Burton stated it included all of the interfund transfers that were budgeted for and have experienced historically and they had projected that into the future. Bill Armentrout reported to the Commission on the Capital Improvement Assessment part of the plan. He presented the commission with a summary of the capital projects which would be funded by the new money issues that Mr. Burton addressed earlier. He stated there were $12.6 million dollars worth of capital projects which needed to be undertaken during the next 5 years to bring the systems up to a point where they would adequately serve the customers. Some of the programs the city had entered into were mandated or required as conditions of consent orders. Others such as expansion of the Buccaneer treatment plants by a half a million gallons a day would provide the capacity needed now to meet commitments that have been made and also give a cushion for growth within the system so it would continue to generate revenue. There was also talk of rehabilitating the waste water collection systems in Oak Harbor and ultimately Buccaneer to reduce the amount of infiltration and inflow in the system and gain capacity. He stated in the area of the water system, there was approximately $560,000 of capital projects required to comply with the DER consent order that was entered into at the beginning of the year. Additional rehabilitation and expansion of the two Atlantic Beach plants which was a project that was bid a couple of years ago would still need to be undertaken. And additionally, at least the first phase of consolidation of the Buccaneer and Atlantic Beach systems needed to be constructed. The reason for the program was to provide immediate capacity in order for the systems to continue growth, to rehabilitate the collection systems, the water distribution, water treatment and supply systems so those PAGE ELEVEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMAS. MSYN facilities can meet future demands as well as being put back into condition so the existing facilities can have their lives lengthened. Robert Freeman presented the with a timetable for the Water and Sewer Refunding Revenue Bonds. He stated that the timetable had been developed on the Financial Advisors recommendation that it would be in the city's best interest to close the bond issue before the end of the year. He also briefly went over the proposed ordinance which related to the issuance of the Water and Sewer Refunding Revenue Bonds Series 1990. 7. Action on Ordinances: A. Ordinance No. 80-90-43 - First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING NEW ARTICLE IV TO ESTABLISH A STORMWATER MANAGEMENT UTILITY PROGRAM TO PROVIDE GENERAL PROVISIONS, DEFINE THE CUSTOMER BASE, CREATE AN ENTERPRISE FUND, PROVIDE FOR BILLING AND COLLECTION, DEFINE SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford introduced Ordinance No. 89-90-43 in full, in writing, on first reading. He stated for the record that if passed this would be a drainage tax. It was agreed that information on the tax should be included in the December issue of the city newsletter. Cook x Motion: Approve passage of Ordinance No. 80-90-43 on first Edward x x reading and set public hearing for December 10, 1990 Tucker x Weldon x Gulliford x x In discussion before the vote Jim Scholl, representative with CH2M Hill, gave a brief explanations on the ordinance. He stated the DER was proposing to adopt additional stormwater requirements which would be more significant than proposed by the EPA. The DER was looking at requiring existing systems to retrofit and provide treatment to reduce 10% of the pollutant modes by 1995 and an additional 30% by the year 2000. He stated this program was a legislative initiative that was passed in 1989 and DER was responding to directions from the legislature. As a result there would be additional requirements beyond the St. Johns Water Management District requirements for new the systems. On a roll call vote, the motion carried 3 - 2 with Commissioners Cook and Weldon voting nay. PAGE TWELVE MINUTES V V NOVEMBER 12, 1990 NAME OF COMMRS. MSYN B. Ordinance No. 80-90-44 - First Reading AND ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, ADDING UNDER ARTICLE IV A SECTION TO ESTABLISH STORMWATER MANAGEMENT UTILITY RATES, TO PROVIDE GENERAL PROVISIONS, DEFINE FEE CATEGORIES, ESTABLISH A FEE SCHEDULE, SET ENFORCEMENT AND PENALTY PROCEDURES, ESTABLISH AN APPEAL PROCESS, DEFINE SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford introduced in full, in writing, Ordinance No. 80-90-44 on first reading. Cook x Edwards x x Motion: Approve passage of Ordinance No. 80-90-44 on first Tucker x x reading and set public hearing for December 10, 1990 Weldon x Gulliford x No discussion before the vote. On a roll call vote, the motion carried on a 3 - 2 vote with Commissions Cook and Weldon voting nay. G. Public hearing for "Use by Exception" filed by the Naval Continuing Care Retirement Foundation, Inc. for the sale and use of alcoholic beverages at the Fleet Landing development. 'he Mayor opened the floor for a public hearing and invited :omments from the audience. Since no one spoke for or against Cook x the matter the Mayor declared the public hearing closed. Edwards x x Tucker x x Motion: Approve Use by Exception filed by the Naval Weldon x Continuing Care Retirement Foundation, Inc., for Gulliford x for the sale and use of alcoholic beverages at Fleet Landing development. No discussion before the vote. The motion carried unanimously. H. Request to approve a list of items to be declared surplus Motion: Approve a list of items to be declared surplus Cook x Edwards x Tucker K X Weldon g x No discussion before the vote. The motion carried unanimously. Gulliford x I. Discussion and related action regarding the amendment of the professional services contract with Urban Planning Services for work related to the implementation of the CDBG grant in the Donner Subdivision Payor Gulliford stated this item was recommended by Tom Bowles before his departure. There was a balance of $9,500 left in the PAGE THIRTEEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN account and the request was a fee not to exceed $3,900 to finish the work. Motion: Approve the amendment of the professional services Cook x contract with Urban Planning Services for work Edwards x x related to the implementation of the CDBG grant in Tucker x x the Donner Subdivision Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. J. Discussion and request for approval for payment of $2,600 to First Coast Environmental Laboratory for water test at the Buccaneer Plant Motion: Approve for payment of $2,600 to First Coast Cook x Environmental Laboratory for water test at the Edwards x Buccaneer Plant Tucker x x Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. K. Discussion and related action relative to Fiscal Year 1990/91 audit Harry Royal stated this was an engagement letter for the second year on a three year contract with the Purvis, Gray & Company.He said the fees for this year's audit was $15,000 as apposed to $14,000 for last year. Cook x Motion: To engage the services of Purvis, Gray & Company Edwards x x for the second year in the amount of $15,000. Tucker x x Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. L. Approval of purchase of total residual chlorine monitor for the Atlantic Beach WWTP for $6,643 Mr. Kosoy stated this item was for the purchase of a Series 5100 total residual chlorine monitor. Both the DER and EPA permit require the Atlantic Beach Plant to have continuous chlorine plant recorders. He said the city received verbal approval from the EPA to wait until after the start of the budget year to purchase the chlorine monitors and the city must make every effort to meet the extended deadline. Commissioners Edwards and Cook inquired if this item should have been put out for bid. Mr. Kosoy stated there was a problem with PAGE FOURTEEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMAS. MSYN meeting the DER and EPA deadline. He said if the city waited and put it out for bid, there could be a DER inspection and fines associated with those inspections. Commission Cook felt by going out for bid you are doing away with any perceptions of any wrong doing. Motion: Accept bids on the residual chlorine monitor for the Atlantic Beach WWTP Cook x The motion died for a lack of a second. Motion: To approve the purchase of a residual chlorine monitor for the Atlantic Beach WWTP for $6,643 on an Cook x emergency basis Edwards x x Tucker x Weldon x x Gulliford x In discussion before the vote, Mayor Gulliford stated in the future the commission would prefer to go out to bid as much as possible. The question was called and passed on a 4 - 1 vote with Commissioner Cook voting nay. N. Discussion and related action relative to the supplemental authorization for Gee & Jensen, Inc., to prepare a revised response to the Florida Department of Community Affairs regarding the content of the City Comprehensive Plan Mayor Gulliford stated this was to authorize an additional expenditure of $3,800 to prepare a revised response of the Comprehensive Plan. Motion: Authorize the Mayor to sign the supplemental authorization in the amount of $3,800 for Gee & Jensen, Inc. to prepare a revised response to the Cook x x Florida Department of Community Affairs regarding the Edwards x content of the City Comprehensive Plan Tucker x x Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 9. City Manager reports and/or correspondence: None 10. Mayor to call on City Commissioners, City Attorney and City Clerk: Commissioner Cook pointed out that in the minutes of the last commission meeting, there were a number of items that would be PAGE FIFTEEN V V MINUTES NAME OF NOVEMBER 12, 1990 COMMRS. MSYN discussed at this meeting and he wondered why they were not on the agenda. Mayor Gulliford stated the items had been handled and did not need to appear on the agenda. Commissioner Cook also questioned why the 16th Street crossover was not on the agenda. Mayor Gulliford stated that item did not appear because they had not received all the information that had been requested and that item would be deferred until the next meeting. Commissioner Weldon complemented the Mayor on the success of the Pops in the Park program. He asked why the chipper which was purchased by the Public Works Department a while ago was not being used. Mr. Kosoy stated the Public Works Department was short two men and it was his intention to hire two men to operate the chipper. Mayor Gulliford complemented Rose Blanchard and Adelaide Tucker on the fine job they did preparing for the Pops in the Park. He said there was somewhere between 1500 and 2000 people in the park for the concert. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:45 PM. /lof WilLliamI. foWyd Mayor/Presiding Of rice' ATTES T: /61..e/itij Karen S. Moore, Acting City Clerk