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12-09-91 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, DECEMBER 9, 1991, 7:15 P.M. AGENDA Call to Order Invocation and pledge to 'the flag 1. Approval of the minutes of the regular meeting of November 25, 1991 2. Recognition of Visitors: A. Request to have live music at outdoor wedding reception April 18, 1992 (Cynthia Neville) 3. Old Business: A. Report and recommendation concerning beach access for disabled persons (Chief David Thompson) B. Status report regarding the agreement for the use of the Adele Grage Community Center (Rose Blanchard, P&R Director) 4. Consent Agenda: A. Change order #2, 3, 4, 5 regarding widening of Main Street (Robert Kosoy, Public Works Director) B. Change order ##2 and 3 regarding Sea Garden lift station (Robert Kosoy, Public Works Director) C. Status report regarding drainage correction at Fleet Landing and request to pay Duval Equip. $3,201 for pump usage at Fleet Landing (Robert Kosoy, Public Works. Director) D. Approval of appointment of Nick Nicholson as Atlantic Beach representative on the Metropolitan Planning Organization E. Approval of Sandra Sheppard and John Weldon, Jr. to be re-appointed to the Tree Board as of February 1, 1992 F. Proclamation declaring January as Volunteer Blood Donor Month 6. Ordinances: A. Final reading and public hearing regarding Ordinance #80-91-45 adjusting water/sewer rates 7. New Business: A. Appointment by the Mayor to fill a vacancy on the Community Development Board B. Status report related to redevelopment and code enforcement in the Donner Subdivision (George Worley, City Planner) 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Status report relative to Beaches Habitat (Commissioner Waters) Adjournment NOTE: An Executive Session will be held immediately following tonight's Commission meeting. MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 PM ON MONDAY, DECEMBER V V 9, 1991 O 0 T T PRESENT: William I. Gulliford, Jr. , Mayor E E Glenn A. Edwards D D Lyman T. Fletcher Adelaide R. Tucker J. Dezmond Waters, III, 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 Fletcher, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of November 25, 1991 Edwards x x Fletcher x Motion: Approve minutes of the regular meeting of November Tucker x x 25, 1991 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. 1. Recognition of visitors: A. Request to have live music at outdoor wedding reception on April 18, 1992 Cynthia Neville and Mark Anderson petitioned the City Commission to be allowed to have an outdoor band at their wedding reception and said they had contacted the neighbors and had received no objections. The reception would be from 3:30 PM to 8:30 PM and the band would consist of three guitarists and a drummer. Motion: Grant permission to have outdoor band as requested No discussion before the vote. The motion carried unanimously. Barbara Bonner, 463 Selva Lakes Circle, inquired whether any cleaning was planned for the Skate Road and Aquatic Gardens ditch. She also noted that the aerator on the Aquatic Gardens retention pond was not working and asked when this might be replaced. Mr. Kosoy responded that the city planned to clean these ditches using city crews and equipment. The aerator for the Aquatic Gardens retention pond was being repaired and would be replaced as soon as possible. William McGee, 1831 Selva Marina Drive, inquired into the status of the correction of the drainage problem which had been caused due to the removal of the Fleet Landing weir. Public Works Director Bob Kosoy responded that the city was continuing to work with the Haskell Company. The estimated cost of the modifications as initially planned, was much higher than had been anticipated by PAGE TWO V V MINUTES NAME OF DECEMBER 9, 1991 COMMAS. MSYN Haskell and they were proposing to install an additional bypass at the west end of the culvert. This proposal would be presented to St. Johns River Water Management District for approval. In the meantime Haskell was being cooperative and it was felt they should be given a reasonable time to complete the work. Jeanette Barnette, 1841 Selva Marina Drive, said she had brought several complaints regarding overgrown shrubbery and dumping of yard trash to the attention of the Commission at the last meeting. She thanked the city staff for the corrective action which had been taken. 3. Old Business: A. Report and recommendation concerning beach access for disabled persons Chief Thompson reported, as requested by the City Commission at the previous meeting, he had reviewed the lifeguard station and the surrounding area regarding the feasibility of storing a wheel chair for the handicapped and locating a beach access ramp in that area. He reported a local organization had agreed to donate a wheel chair and since there was no storage space at the lifeguard station, the -'olice Department would be willing to store the chair at the police station and make it available to the public upon request. He indicated space was available for handicapped parking but the area would need to be repaved. The cost of enlarging the lifeguard station and constructing a ramp for beach access would be considerable and Chief Thompson felt it might be best to have the chair available for a test period in the spring to determine the demand before enlarging the facilities. In the meantime Mayor Gulliford requested city staff draft cost estimates for the work. B. Status report regarding the agreement for the use of the Adele Grage Community Center Parks & Recreation Director Blanchard reported the Adele Grage Community Center had been dedicated earlier in the evening. She reviewed a proposed agreement to be executed by individuals or groups wishing to use the building. Brief discussion ensued regarding whether a charge should be established for use of the building during daytime hours. After further discussion, Ms. Blanchard was asked to advise the City Commission on a monthly basis of the groups which had utilized the building during daytime hours and the matter would be revisited later. Motion: Approve adoption of agreement as written Edwards x Tucker x In further discussion, Commissioners Fletcher and Waters felt that prohibiting food in the main room would limit the type of uses which would provide revenue. PAGE THREE V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN Edwards x Substitute Motion: Approve adoption of agreement, deleting Fletcher x x the provision that food not be allowed in the main Tucker x room Waters x x Gulliford x No discussion before the vote. The motion carried on a 3 - 2 vote with Mayor Gulliford and Commissioner Tucker voting nay. 4. Consent Agenda: A. Change Order Nos. 2, 3, 4, and 5 regarding widening of Main Street B. Change Order Nos. 2 and 3 regarding Sea Gardens lift station C. Status report regarding drainage correction at Fleet Landing and request to pay Duval Equipment $3,201.00 for pump usage at Fleet Landing D. Approval of appointment of Nick Nicholson as Atlantic Beach representative to the Citizens Advisory Committee of the Metropolitan Planning Organization E. Approval of reappointment of Sandra Sheppard and John Weldon, Jr. to the Tree Board as of February 1, 1992 F. Proclamation declaring January as Volunteer Blood Donor Month kt the request of Commissioners Waters and Tucker, Items C and A were removed from the Consent Agenda. Edwards x Fletcher x x Motion: Approve Consent Agenda, with the exception of items Tucker x x C and A Waters x Gulliford x No discussion before the vote. The motion carried unanimously. 4A. Change Order Nos. 2, 3, 4, and 5 regarding widening of Main Street Edwards x Motion: Approve Change Order Nos. 2, 3, 4, and 5 regarding Fletcher x x widening of Main Street Waters x x Gulliford x Commissioner Tucker declared a conflict of interest in this matter stating that she was part owner of property on Main Street. Form 8B, Memorandum of Voting Conflict, has been completed by Commissioner Tucker and is attached hereto and made a part hereof. Commissioner Waters asked why additional driveway work was necessary and Bob Kosoy explained that when the project was designed, the engineers thought the owner of the property concerned used only one driveway. However, it became apparent that the property owner used both driveways and the project, as initially designed, would have prohibited any use of the second driveway. The question was called and the motion carried unanimously. PAGE FOUR V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN 4C. Status report regarding drainage correction at Fleet Landing and request to pay Duval Equipment $3,201.00 for pump usage at Fleet Landing Commissioner Waters asked why the city should pay this invoice when the problem had not been caused by anything the city did. Mayor Gulliford explained the pump was rented by the city to remedy an emergency drainage situation. Edwards x x Fletcher x Motion: Approve payment of Duval Equipment invoices in the Tucker x amount of $3,201 Waters x x Gulliford x In further discussion, Commissioner Waters felt the invoices should be paid by Haskell and Mayor Gulliford said there was a possibility the city might recoup some of the cost from Haskell. Mr. Kosoy was instructed to monitor the repairs and keep the City Commission informed of the progress being made. The question was called and the motion carried unanimously. 6. Ordinances: A. Ordinance No. 80-91-45 — Final Reading Prior to introducing the ordinance and opening the floor for a public hearing, Mayor Gulliford asked Commissioner Fletcher to report on the deliberations of the committee on the utility rates. Commissioner Fletcher reported the water department had been operating in the red for several years and the committee's objective had been that the utility rates should be adequate to operate and manage the plant. He said the rates presented were intended to be for one year only, following which revenues should be reviewed and the rates adjusted up or down, as necessary. The committee's recommendation was for a base rate of $9.00 for the first 9,000 gallons of water and $1.00 for each additional 1,000 gallons. The committee recommended eventually establishing a three tier rate with a base rate, followed by a price per thousand gallons for the next 6,000 gallons, and then a higher rate for usage beyond that level. The rate plans recommended by the committee are attached hereto and made a part hereof. In order to ensure fairness to the citizens, Commissioner Fletcher suggested a resolution be drafted requiring that the rates be reviewed in about one year. Edwards x Fletcher x x Motion: Draft resolution requiring annual review of water Tucker x rates Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE FIVE V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN Ordinance No. 80-91-45 - Public Rearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, SECTION 22-28, CHARGES FOR WATER SERVICE, SECTION 22-166 ESTABLISHMENT OF A QUARTERLY BASE CHARGE, AND SECTION 22-167, SCHEDULE OF WASTEWATER VOLUME CHARGES, BY AMENDING THE CHARGES SET FORTH THEREIN, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in writing, and read in full, Ordinance No. 80-91-45, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Jim Lucas, of Oceanwalk, inquired whether the ordinance related only to city rates, and it was explained the ordinance related to both the city and Buccaneer rates. The City Manager explained the work to transfer the Oceanwalk area to the city system, was under way and as soon as it was complete, the area would be changed in the computer system and the residents would be billed at the city rate. Ray Salman, 1633 Park Terrace East, said he was concerned with the report presented at the previous meeting by Mr. Burton, which he 'pelt was not in the best interests of the residents of the city. Deloris Reinikainen, 765 Redfin Drive, said she agreed with Mr. Salman. Jim Lucas, Ocean Forest Drive asked if there was a cap on the sewer volume charge for residential properties and it was explained the volume capacity was currently set at 50,000 gallons but Mr. Potter indicated this figure could be reviewed and possibly reduced. Since no one else spoke to the matter, the Mayor declared the public hearing closed and suggested the public hearing be continued at a special meeting on Monday, December 16, 1991, at 7:00 PM. Commissioner Edwards said he would probably not be able to attend this meeting and was excused. Alan Potter, member of the Rate Study Committee, said their study of the matter had indicated that it cost the city $0.88 to produce 1,000 gallons of water and for years the city had charged only $0.45 per 1,000 gallons. Operation and debt service costs indicated it cost about 2.23 times as much to run the sewer plant as the water plant, and the recommended rates were based on these figures. Discussion ensued regarding the fact that Ragtime was making beer at their business, and the question was asked whether any provision existed for billing for the excess sewage discharge involved and the utility committee was asked to check into the matter. PAGE SIX V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN W.J. Ryszykow, 535 Royal Palms Drive, said he felt the proposed rates represented a good compromise and he was glad the smaller volume users were being given what he considered a break. Mayor Gulliford thanked the committee for their work in connection with the rate study and their willingness to give so much of their time for the benefit of the citizens of Atlantic Beach. 7. New Business: A. Appointment by the Mayor to fill a vacancy on the Community Development Board Mayor Gulliford recommended the appointment of Pat Pillmore to fill the vacancy. He said Ms. Pillmore resided in Section H and had served on the Solid Waste Committee. Edwards x x Motion: Approve appointment of Pat Pillmore to the Community Fletcher x Development Board to fill the unexpired term of Tucker x x Johnnie Bass Waters x Gulliford x Mayor Gulliford said he had had some very fine recommendations for this appointment but he felt the board needed representation from the western portion of the city. The motion carried unanimously. B. Status report related to redevelopment and code enforcement in the Donner subdivision City Planner George Worley said, with the assistance of Jim Mace, he had completed a survey of the Donner subdivision. Mr. Mace presented a map showing the 130 properties surveyed and said they had found 63 code violations which consisted mostly of trash and debris, junk vehicles, and overgrown weeds. He said letters would be sent to the property owners. 8. City Manager reports and/or correspondence: Chief Thompson said the Police Department was operating under the assumption that Selva Marina Drive was a public street and they would enforce the speed limit and post signs accordingly. He said the question of ownership for maintenance was a matter which would need to be resolved by the City Attorney. Discussion ensued regarding whether the streets in Selva Marina had been accepted by the city for maintenance. Commissioner Tucker explained that the streets had not been built to city standards and an agreement existed between the developer and B.B. McCormick for the maintenance. John Sale, 1921 Selva Marina Drive, said when Selva Norte was under construction, it was his understanding the contractor resurfaced Selva Marina Drive and the city accepted it at that time. PAGE SEVEN V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN The City Attorney was directed to check into the matter and report back after the first of the year. The City Manager reported he had received a letter from Michael Fogg on Plaza requesting that the speed bumps be extended to the curb and an additional speed bump added. Mayor Gulliford concurred that the bumps should be extended but no action was taken regarding granting the request for an additional speed bump. The City Manager announced work should begin on the new post office in the very near future. 9. Mayor to call on City Commissioners, City Attorney and City Clerk Commissioner Edwards said he had received a call complaining that the streets were difficult to see at night and requesting that they be restriped. This matter was referred to the City Manager for attention. Commissioner Edwards also reported that Representative Harry Goode, Chairman of the House Committee on Ethics and Elections, had agreed to sponsor the Constitutional Amendment on voter control of city taxes. t Motion: Draft letter to Representative Goode commending him Edwards x x for sponsoring the Constitutional Amendment on voter Fletcher x control of city taxes; also send letter to Senator Tucker x x Bill Bankhead requesting his support of the Amendment Waters x Gulliford x No discussion before the vote. The motion carried unanimously. W.J. Ryszykow inquired why the city parking lot was being used to store junk vehicles. Chief Thompson said the vehicles were seized in connection with drug related activities and could not be disposed of until the final forfeiture notices were received. Discussion ensued and Bob Kosoy was asked to check and see if there would be adequate space to store these vehicles in the Public Works yard. Bob Kosoy reported the contractor installing the surge tank in the Buccaneer sewer plant, had used non-galvanized steel. He said the contractor had refused to remove the non-galvanized steel and Mr. Kosoy requested permission to stop work on the project or inform the bonding company. Commissioner Fletcher felt the city needed to take a tough stance and suggested a letter be sent to the contractor requesting corrective action immediately. Commissioner Fletcher announced there would be a public hearing on the Wonderwood corridor on December 18, 1991, in the Civic Auditorium. He said the Arlington community was well organized in PAGE EIGHT V V MINUTES NAME OF DECEMBER 9, 1991 COMMRS. MSYN opposition to the construction of this roadway and he encouraged the beaches community to attend if possible. Commissioner Waters reported he had reviewed the request from the Beaches Habitat to waive impact fees in connection with construction of low income houses in Atlantic Beach. He said the city code allows the City Manager to pro-rate certain impact fees over a five-year period. He felt the impact fees should be pro-rated and paid by the new owner. However, he felt a policy could be established to either reduce or waive the impact fees for single-family homes in this area in order to encourage the development of this blighted area. Commissioner Waters sought the wishes of the City Commission. Further discussion ensued and Mayor Gulliford felt if the number of homeowners in the area could be increased, this would be a step toward upgrading the area. He suggested the City Commissioners review the materials provided by the City Planner and discuss the matter further after the first of the year. Commissioner Waters distributed a map of an area on Mayport Road which he felt would benefit by down zoning from a commercial to a residential classification. After brief review, it was suggested Commissioner Waters forward this material to the Community Development Board for their consideration. Commissioner Waters also inquired whether the ditch which was the subject of a complaint at the previous meeting, had been inspected. Mayor Gulliford advised there were two ditches, one of which belonged to the City of Jacksonville and the other to the State of Florida. Mayor Gulliford suggested the City Commission consider opening City Hall on Saturday mornings. After brief discussion, the City Manager was requested to consider the matter and report back with his recommendations. Mayor Gulliford reported he would provide 100 Atlantic Beach automobile tags depicting Atlantic Beach as a "A great place to Grow." Funds from the sale of the tags would go to the Beautification Committee. Commissioner Waters said some of the palm trees on Atlantic Boulevard appeared to be dying and inquired whether anything was being done about them. Carl Walker explained the contractor had inspected the trees and had replaced one tree. The question also arose as to whether any agreement had been made with Neptune Beach regarding maintenance of the median. The City Manager suggested contracting out the maintenance and asking Neptune Beach to share the cost. He was asked to pursue a written agreement which could be executed by both cities. PAGE NINE V V MINUTES NAME OF ' DECEMBER 9, 1991 COMMRS. MSYN Mayor Gulliford reminded the Commissioners of the meeting with the Community Development Board on Wednesday. He also reminded the City Commission that the City Manager was the chief administrative officer in the city and he asked that the City Manager be advised of any complaints or problems brought to the attention of either Commissioners or city staff. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:05 PM. ,; .4 ,i' > \c ' iam I. Gullifori , Mayor/Presiding Of i0 ATTES T: Maureen King, City Clerk v. V\1J WATER C-1 SIMPLIFIED RATE ANALYSIS Gross Annual Water Sales (Dollars ) = $440 , 000 . 00 Gross Annual Water Sales (Units) = 500 , 000 Units of 1 , 000 Gallons First Quarter - Water Base : (4 , 000 Customers) ( 15 Units) ( $ 9 . 00) _ $ 36 , 000 . 00 Excess: 65 , 000 Units ) ( $ 0 . 45) _ $ 29 , 250 . 00 $ 65 , 250 . 00 Second Quarter - Water Base : ( 4, 000 Customers) ( 9 Units) ($ 9 . 00) = $ 36 , 000 . 00 Excess: 89 , 000 Units ) ( $ 1 . 00) _ $ 89 , 000 . 00 $125 , 000 . 00 Third Quarter - Water Base : (4 , 000 Customers) ( 9 Units ) ( $ 9 . 00) = $ 36 ,000 . 00 Excess: 89 , 000 Units ) ( $ 1 . 00) = $ 89 , 000 . 00 $125 , 000 . 00 Fourth Quarter - Water Base : (4 , 000 Customers) ( 9 Units) ( $ 9 .00) = $ 36 , 000 . 00 Excess: 89 , 000 Units ) ( $ 1 . 00) = $ 89 , 000 . 00 $125 , 000 . 00 TOTAL ANNUAL WATER REVENUES $440 , 250 . 00 SEWER C-1 SIMPLIFIED RATE ANALYSIS Gross Annual Sewer Sales (Dollars ) _ $980 , 000 . 00 Gross Annual Sewer Sales (Units) = 500 , 000 Units of 1 , 000 Gallons First Quarter - Sewer Base : (4 , 000 Customers) ( 0 Units) ( $ 37 . 60) = $150 , 400 . 00 Excess : 125 , 000 Units ) ( $ 0 .39 ) _ $ 48 ,750 . 00 $199 , 150 . 00 Second Quarter - Sewer Base : (4 , 000 Customers) ( 9 Units) ( $ 20 . 25) _ $ 81 , 000 . 00 Excess : 89 , 000 Units ) ( $ 2 . 25) _ $200 , 250 . 00 $281 , 250 . 00 Third Quarter - Sewer Base : (4 ,000 Customers) ( 9 Units) ( $ 20 . 25) = $ 81 , 000 . 00 Excess : 89 , 000 Units) ( $ 2 . 25) = $200 , 250 . 00 $281 , 250 . 00 Fourth Quarter - Sewer Base : (4 , 000 Customers ) ( 9 Units) ( $ 20 .25) = $ 81 , 000 . 00 Excess : 89 , 000 Units) ( $ 2 . 25) = $200 , 250 . 00 $281 , 250 . 00 TOTAL ANNUAL SEWER REVENUES $1 , 042 , 900 . 00 WATER C-2 (Annualized ) SIMPLIFIED RATE ANALYSIS Gross Annual Water Sales (Dollars ) = $440 , 000 . 00 Gross Annual Water Sales (Units) = 500 , 000 Units of 1 , 000 Gallons First Quarter - Water Base : (4 , 000 Customers) ( 9 Units) ( $ 9 . 00) = $ 36 , 000 . 00 Excess : 89 , 000 Units ) ( $ 0 . 84) _ $ 714 , 760 . 00 $110 , 760 .00 Second Quarter - Water Base : (14 , 000 Customers) ( 9 Units) ( $ 9 . 00) = $ 36 , 000 . 00 Excess: 89 , 000 Units ) ($ 0 . 814) = $ 714 , 760 . 00 $110 .760 . 00 Third Quarter - Water Base : (14 , 000 Customers) ( 9 Units) ( $ 9 . 00) = $ 36 , 000 . 00 Excess : 89 , 000 Units ) ( $ 0 . 84) = $ 74 , 760 . 00 $110 , 760 . 00 Fourth Quarter - Water Base : (4 , 000 Customers) ( 9 Units) ($ 9 . 00) = $ 36 , 000 . 00 Excess: 89 , 000 Units ) ( $ 0 . 84) = $ 74 , 760 . 00 $110 . 760 . 00 TOTAL ANNUAL WATER REVENUES $443 , 040 . 00 . SEWER C-2 (Annualized) SIMPLIFIED RATE ANALYSIS Gross Annual Sewer Sales (Dollars ) = $980 , 000 .00 Gross Annual Sewer Sales (Units) = 500 , 000 Units of 1 ,000 Gallons First Quarter - Sewer Base : (4 , 000 Customers) ( 9 Units) ( $ 20 . 25) = $ 81 , 000 . 00 Excess : 89 , 000 Units ) ( $ 1 . 90) = $169 , 100 . 00 $250 , 100 . 00 Second Quarter - Sewer Base : (4 , 000 Customers ) ( 9 Units) ($ 20 . 25) = $ 81 , 000 . 00 Excess : 89 , 000 Units ) ( $ 1 . 90) = $169 , 100 . 00 $250 , 100 . 00 Third Quarter - Sewer Base : (4 , 000 Customers) ( 9 Units) ( $ 20 . 25) = $ 81 , 000 . 00 Excess : 89 , 000 Units ) ( $ 1 . 90) = $169 , 100 . 00 $250 , 100 . 00 Fourth Quarter - Sewer Base : (4 , 000 Customers) ( 9 Units) ( $ 20 . 25) = $ 81 , 000 .00 Excess : 89 , 000 Units ) ( $ 1 . 90) = $169 , 100 . 00 $250 , 100 . 00 TOTAL ANNUAL SEWER REVENUES $1 , 000 ,400 . 00 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 Tucker, Adelaide R. Commission n1AILING ADDRESS THE BOARD, COUNCIL, COMMISSION,AUTHORITY, OR COMMITTEE ON 42 Eleventh St. WHICH I SERVE ISA UNIT OF: Ixl CITY i 3 COUNTY i 1 OTHER LOCAL AGENCY CITY COUNTY NAME OF I'OLITICAL SUBDIVISION: Atlantic Beach Duval City of Atlantic Beach DATE ON WHICH 1OTE OCCURRED MY POSITION IS: December 9 , 1991 X ELECTIVE 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 minu of the meeting, who should incorporate the form in the minutes. • DISCLOSURE OF STATE OFFICER'S INTEREST I, Adelaide R. Tucker , hereby disclose that on December 9 , 1991 • (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: On December 9th the contractor requested a change order on the widening ; and. repaving Main St. project. I declared a conflict of interest as the project could inure to my private gain. December 16 , 1991 ddi.ea:Jzi Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIREL 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 8B- 10.86 PAGE 2