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02-18-97 v MINUTES OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA February 18, 1997 7:00 P.M. CITY HALL PRESENT : Don Wolfson Mary Walker Robert Frohwein Buzzy Grunthal AND : George Worley, II, CD Director Pat Harris, Recording Secretary ABSENT : Sharette Simpkins (arrived later) Mark McGowan Pat Pillmore Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of January 21, 1997. Mrs. Walker noted that Mr. Jensen did not attend the last meeting. She also requested that the board discussed the parking and landscape by Kent Theatres be included in the minutes. Upon motion duly made and seconded the minutes were approved as amended. NEW BUSINESS: I. Application for Use-by-Exception filed by Michael David Phillips to operate an office for record keeping purposes only at property located at 316 7th Street. Mr. Phillips introduced himself to the board and stated that he is the owner of Phillips Rolloff Container which supplies dumpsters to construction sites. He stated that he desired to operate an office for record keeping only from his residence and all equipment is stored outside of Atlantic Beach. After discussion, Mr. Grunthal moved to recommend to the City Commission that the Use- by-Exception be granted. Mrs. Walker seconded the motion. Thereafter, Mr. Grunthal amended his motion to recommend the Use-by-Exception subject to the following: 1 . The exception be granted to the applicant only and for this location only; 2. The provisions of Section 24-159 must be fully complied with; 3. Violation of Section 24-159 will result in revocation of this exception. Mrs. Walker seconded the motion at it passed unanimously. Mrs. Simpkins arrived. II. Application for Use-by-Exception filed by New Friendship Baptist Church to operate a charitable clothing and food distribution center for The Helping Hands Ministries at 117 Ardella Road. James Stackhouse introduced himself to the board and explained that he is the director of Helping Hands Ministry which provides emergency assistance in the form of food and clothing to the needy. He stated that at present the operation was operating from the New Friendship Baptist Church but needed a larger place to accommodate a better selection of clothing. Ray Wortherly, Forrest Thomas, and George Williamson introduced themselves to the board and voiced their support of the application. Mrs. Simpkins asked about the Church's payment arrangements with the property owner regarding use of the structure. Mr. Stackhouse indicated that there was no written agreement but felt sure the owner was desirous of allowing the Church to use the property. Don Ford, at the request of Sharette Simpkins, explained to the board that the house located on the property has been condemned as a single family home by the City. He stated that in order to bring the house into compliance with the code would cost around $40,000 to $50,000. He also stated that if the house was to be converted into a store that there were even more upgrades to be taken into consideration. Mary Dove introduced herself to the board and expressed her objection to the request. After discussion, Mr. Frohwein moved to recommend to the City Commission that the use- by-exception be denied. Mrs. Walker seconded the motion and it passed unanimously. III. Application for Use-by-Exception filed by AEGI Properties, Inc. to operate a business which includes wholesale automobile sales, limited warehousing and automotive/truck service garage at property located at 1200 Mayport Road. Mr. Grunthal expressed a conflict of interest regarding this application and filed Form 88, Memorandum of Voting Conflict For County, Municipal, and Other Local Public Officers. William Keifer introduced himself to the board and explained that his company is a forensic engineering group and applies the principles of science to various types of litigation regarding investigating accidents. His company desires to operate the business which includes the purchase and sale of automobiles, temporary storage of automobiles and the repair of automobiles. After discussion, Mrs. Walker moved to recommend to the City Commission that the Use- by-Exception be granted subject to the following: 1. All repair activities be conducted within the building; 2. Outside storage of vehicles be within a fenced area or inside of the building only; 3. Not more than ten fully operable vehicles be stored on the site; 4. The sales, storage, and repairs shall not become the principal uses of the property under this exception; 5. The exception be granted to the applicant only, and for this location only. Mrs. Simpkins seconded the motion and it passed by the four remaining members with Mr. Grunthal abstaining. The Chairman requested that staff investigate the matter of the board being able to rescind actions taken by them if not implemented by a certain period of time. He requested that a discussion item be placed on the agenda for the next meeting. The board agreed to hold a special meeting on March 4, 1997 to discuss the proposed amendments to the zoning code of ordinances. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED A) /1 ATTEST' - I 4-Cf 74ir FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST /v NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL,CO��S,10i%OUTHOR�1p�C�MMl7-r�� UN rhe/ Gam. G. N Com-rn-,�i�. CC��77/%Ge �'''' '' �J//�� l NG ADDRESS THE BOARD,COUNCIL,CO MISSION, AUrHO ITY,OR COMMITTEE ON S / WHICH I SERVE IS A UNIT OF: 7J4 �CGh1 Xiej I Y i : COUNTY '• OTHER LOCAL AGENCY CITY COUNTY ditj NAME OF POLITICAL.SUBDIVISION: DATE ON/WHICH V7OIE 1/ C.OCCURRRE%DG4 ��+' DU Y 1, / ' � MY POSITION IS: 2 / , '9r � L ELECTIVE .r"-At"POINTIVE 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 ;CTED 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: " a should complete and file this form (before making any attempt to influence the decision) with the person responsible for ording 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. ' I I( K\I MH 10-86 PAGE I IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION 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 minutes of the meeting, who should incorporate the form in the minutes. / '/ �, DISCLOSURE OF LOCAL OFFICER'S INTEREST G I e0/76 C n 6491 "l , hereby disclose that on _ . /e , 19 9 7: (a) A measure came or will come before my agency which (check one) inured to my special private gain; or / / y� /inured to the special gain of ��tt// 5 3�NaGrUI 'va iu. 44` cS/ by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: - ( e - q7A///AI Date Filed Signature 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.