04-08-91 v • •
CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, APRIL 8, 1991
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of March 25, 1991.
2. Recognition of Visitors:
3. Appearances:
A. Green Thumb presentation (Myrtle Collins)
4. Consent Agenda:
A. Approval of amendment to addendum #5 Gee & Jenson for planning
services (George Worley, City Planner)
5. Committee Reports:
Report and recommendation from Awards Committee Chairman,
Commissioner Edwards relative to:
A. Bid 9091-12 Construction of 450,000 gallon basin - Buccaneer
B. Bid 9091-13 Re-bid Russell Park Parking Expansion
6. Resolutions:
A. Resolution #91-12 transferring funds related to insurance
recovery litigation of wetwells (Harry Royal, Finance Director)
B. Resolution #91-13 in recognition of National Telecommunicators
Week
7. Ordinances:
A. Public hearing and final reading of Ordinance #80-90-43 regarding
Stormwater Management Utility Program
B. Public hearing and final reading of Ordinance #80-90-44 regarding
Stormwater Management Utility Fees
C. Public hearing and final reading of Ordinance #58-91-14 relative
to rehiring retired city employees
D. Introduction and first reading of Ordinance #58-91-15 relative
to Firefighters and Police Officers as related to the retirement
system
8. New Business:
A. Approval to decrease Change Order #37 by $129.30 relative to
Section H (Wm. Howell, Project Engineer)
B. Approval to increase Change Order #39 by $9,214. 75 relative to
Section H (Wm. Howell, Project Manager)
C. Approval to increase Change Order #41 by $3,040.00 relative to
Section H (Wm. Howell, Project Manager)
D. Approval to increase Change Order #43 by $2,024 relative to
Section H (Wm. Howell, Project Manager)
E. Discussion and related action regarding establishment of user
fees for recreational facilities (Mayor Gulliford)
F. Discussion and related action relative to water line replacement
at the south end of Atlantic Beach (Mayor Gulliford)
G. Discussion and related action relative to JEA electric bill in
the amount of $29,051 .75 (Finance Director Harry Royal)
H. Discussion and related action regarding unionization of Fire
Lieutenants
9. . City Manager reports and/or correspondence:
A. Discussion and related action regarding proposed purchase of
property on George Street
10. Mayor to call on City Commissioners, City Attorney and City Clerk:
A. Names of nominees for National Leadership Forum (Mayor Gulliford)
B. Discussion and related action regarding Clemens litigation (City
Attorney Alan Jensen)
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, APRIL 8, 1991 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook E E
Glenn A. Edwards D D
Adelaide R. Tucker, and
John W. Weldon, Commissioners
M S
AND: Alan C. Jensen, City Attorney 0 E
Dorothy M. Strain T C
I O Y
ABSENT: Maureen King (At conference) 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 25,
1991. Cook x
Edwards x x
Motion: Approve minutes of regular meeting of March 25, 1991 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of visitors:
Police Chief Thompson introduced Atlantic Beach' s new police
officer, Jerry Shirley. Jerry has worked for the City for several
months as a reserve officer and will be starting full-time with the
City next week. Mayor Gulliford asked the status of the bid for
the new police uniforms. Chief Thompson advised him the bid
opening would be April 10, 1991 at 2:00 PM.
3. Appearances:
A. Green Thumb presentation (Myrtle Collins)
Myrtle Collins explained the program, which is funded by the U.S.
Dept. of Labor, offered job training through community colleges and
public schools for persons aged 55 and over who were physically
able to work and who could meet certain income guidelines. The
purpose of the program was to improve the economic and social
conditions for older workers and to improve the services that an
agency would be able to offer to the community. Green Thumb serves
approximately 1,000 workers and since their offices are located in
Atlantic Beach, at 1079 Atlantic Boulevard, Ms. Collins wished to
familiarize the city with their organization. After enrollment the
employees are placed in public, private or non-profit agencies, or
in city, county or state government and are required to work
approximately 20 hours per week and are paid minimum wage. The
City of Atlantic Beach currently has seven Green Thumb workers
assigned to the Public Works Department.
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4. Consent Agenda:
A. Approval of amendment to addendum #5 Gee & Jenson for planning
services.
Kim Leinbach explained the proposed change to the contract with Gee
& Jenson had been to add special language required by DCA for
consultants subcontracting with the city for grant-related
work. Cook x
Edwards x
Motion: Approve amendment to addendum No. 5 to Agreement for Tucker x x
Planning Services between Gee & Jenson E-A-P, Inc. Weldon x x
Gulliford x
Commissioner Weldon inquired regarding the substance of the change
and Mr. Jensen explained that the change added a hold harmless
clause wherein the consultant agrees to hold the D.C.A. and the
city harmless against any claims arising out of the subcontractor's
performance of work.
No further discussion. The motion carried unanimously.
5. Committee Reports:
A. Recommendation and report on Bid #9091-12 for construction of
450,000 gallon basin - Buccaneer
Commissioner Edwards reported four bids were received for the
construction of 450,000 gallon tank at Buccaneer. After review of
the bids it was the recommendation of the Awards Committee that the
City Commission accept the bid of the low bidder, International
FABCO, Inc. , Longwood, Florida. He said their recommendation was
contingent upon FABCO providing the necessary performance and
payment bond and insurance coverage.
Bob Kosoy said he had contacted the Department of Professional
Regulation to make sure FABCO was properly licensed to perform the
work. He reported he had been advised by Mr. Rubin of that
Department, that a building contractor' s license would be
acceptable provided the piping work was done by a licensed utility
contractor. The city would require assurance from FABCO in this
regard. Mr. Kosoy said the necessary EPA permit had been obtained
and he hoped to receive the permit from Bio-Environmental Services
this week.
Motion: Award contract for the construction of 450,000 Cook x
gallon basin at Buccaneer as specified under Edwards x x
Bid #9091-12 to International FABCO, Inc. of Tucker x
Longwood, Florida in the amount of $492,197.00, Weldon x x
contingent upon the receipt of the necessary permits. Gulliford x
In discussion before the vote, Mr. Streeter, President of FABCO,
said the strict interpretation of the rules required that
construction of the underground sewer line be sublet to an
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underground utility contractor. He said the electrical work would
also have to be subcontracted out and he had not committed to any
subcontractors pending the award of the contract.
Commissioner Weldon expressed the urgency of this project and
asked if Mr. Streeter had licensed contractors in mind to do the
work. Mr. Streeter said he hoped to have someone locally
available. He stated once the contract was signed there would be
120 days to completion, which may be a problem; however, Mr. Kosoy
corrected Mr. Streeter's reference to 120 days to completion to 210
days.
With no further discussion, the question was called and the motion
carried unanimously.
B. Recommendation and report on bid 19091-13 to re-bid Russell
Park Parking Expansion
Commissioner Edwards reported five bids were received for the
re-bid of Russell Park Parking Expansion, and after review of the
bids it was the recommendation of the Awards Committee that the
City Commission accept the low bid from Walding Company of
Jacksonville, Florida and make award accordingly.
Cook x
Motion: Award contract for Russell Park Parking Expansion as Edwards x x
specified under Bid #9091-13 to Walding Company of Tucker x
Jacksonville, in the amount of $67,124.20 Weldon x x
Gulliford x
Mayor Gulliford noted that notices had been mailed out to many
prospective bidders, but observed that several companies which
might have been interested in this type of work were not included
on the mailing list. After brief discussion the question was
called and the motion carried unanimously.
6. ACTION ON RESOLUTIONS:
A. Resolution No. 91-12 - RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, TRANSFERRING FUNDS RELATED TO INSURANCE RECOVERY
IN LITIGATION REGARDING WETWELLS
Mayor Gulliford presented in full, in writing, Resolution No.
91-12. Cook x
Edwards x x
Motion: Approve passage of Resolution No. 91-12 Tucker x x
Weldon x
In discussion before the vote, Commissioner Tucker expressed Gulliford x
concern regarding what funds would have been used to offset
shortfalls if the insurance reimbursement had not been received and
Mayor Gulliford said the shortfall was partly due to cuts in State
Revenue Sharing funds. The question was called and the motion
carried unanimously.
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B. Resolution No. 91-13 - RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, IN RECOGNITION OF NATIONAL TELECOMMUNICATORS WEEK
Mayor Gulliford presented in full, in writing, Resolution No.
91-13. Cook x
Edwards x x
Motion: Approve passage of Resolution No. 91-13 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
7. Action on Ordinances:
A. Ordinance No. 80-90-43 - Public Hearing
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 presented in full, in writing, Ordinance No. 80-90-43
on second and final reading, said ordinance having been posted in
accordance with Charter requirements. The Mayor opened the floor
for a public hearing and invited comments from the audience.
With no comments arising, the Mayor declared the public hearing
closed. Cook x
Edwards x
Motion: Approve passage of Ordinance No. 80-90-43 on final Tucker x x
reading. Weldon x x
Gulliford x
Commissioner Weldon inquired whether passage of this ordinance was
required to meet the Jacksonville schedule for compliance which the
City of Atlantic Beach was now going to be required to meet. Mayor
Gulliford explained this ordinance related to an EPA mandate
that required stormwater discharge permitting by 1992 for
communities with a population of 100,000 or greater. However, the
State DER had included the beach communities and Baldwin in that
requirement, and this had pushed the City's date up an extra two
years. The City had investigated the possibility of taking legal
action to uphold what the City thought was inappropriate action on
the part of EPA and DER.
Mr. Weldon understood action had been taken to modify these
requirements and thought it should be checked (referring to an
article in a newspaper) . Mr. Leinbach and Mr. Kosoy provided the
commission with a flow chart outlining alternatives. Mr. Leinbach
said Mr. Kosoy had been in contact with the City of Jacksonville
and the same engineering firm had been selected by both cities and
it was hoped an agreement regarding sharing the cost of engineering
services could be negotiated which would represent a savings to
both communities.
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Mayor Gulliford stressed the need for a stormwater utility to
provide funds to develop a drainage master plan as well as the
maintenance of the drainage system in Section H.
Alan Potter, 374 Second Street, also said the city needed to
develop a master drainage plan. He said the Florida League of
Cities was trying to get the State of Florida to petition the
Congress to get some of these regulations stricken from the laws.
The City Manager was instructed to provide the Commissioners with a
copy of a previously proposed schedule for implementation of a
stormwater utility.
The question was called and the motion carried unanimously.
B. Ordinance No. 80-90-44 - Public Hearing
AN 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 PROVIDE AN
EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No.
80-90-44 on second and final reading, said ordinance having been
posted in accordance with Charter requirements. The Mayor opened
the floor for a public hearing and invited comments from the
audience.
William McGee, 1831 Selva Marina Drive, commented on Section 3.2
and said he felt this point needed clarification. It was
explained, after the master drainage plan was completed, if any sub
drainage basins existed, the City Manager would be required to
compute the capital cost to be allocated to properties within such
basin. Mr. McGee felt this needed further clarification. He also
questioned whether the ERU value of 1,790 square feet could be
challenged.
Mayor Gulliford requested that the public hearing be continued at
the next meeting and that a representative of CH2M Hill be invited
to be present at that meeting to answer any questions. Further
action on the ordinance was deferred until the meeting of April 22,
1991.
C. Ordinance No. 58-91-14 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2,
SECTION 2-276, VOLUNTARY RETIREMENT CONDITIONS, SUBPARAGRAPH
(a)(2) , PROVIDING FOR A CHANGE IN THE LANGUAGE RELATIVE TO
RETIREMENT DATE, AND ADDING A NEW SUBSECTION (c) TO PROVIDE
CONDITIONS FOR REEMPLOYMENT OF RETIRED EMPLOYEES, PROVIDING AN
EFFECTIVE DATE
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Mayor Gulliford presented in full, in writing, Ordinance No.
58-91-14 on second and final reading, said ordinance having been
posted in accordance with Charter requirements. The Mayor opened
the floor for a public hearing and invited comments from the
audience.
Dorothy Kerber, 365 First Street, inquired whether this ordinance
was drafted with anyone in particular in mind and Mr. Kosoy
explained the city currently has one retired employee under
contract in the sewer plant and hopes to hire a second on a part
time basis. The ordinance would provide the proper guidelines to
allow the city to benefit from the experience of these retirees.
Since no one spoke for or against the ordinance the Mayor declared
the public hearing closed. Cook x
Edwards x x
Tucker x
Motion: Approve passage of Ordinance No. 58-91-14 Weldon x x
Gulliford x
In discussion before the vote, Commissioner Weldon said he felt the
rehired retirees would be an asset to the city. The question was
called and the motion carried unanimously.
D. Ordinance No. 58-91-15 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION
2-262, TO CLARIFY THE DEFINITIONS OF FIREFIGHTER AND POLICE OFFICER
SO AS TO PROVIDE FOR CERTIFICATION AS SET FORTH IN SECTIONS 633.35
AND 943.14, FLORIDA STATURES; SECTION 2-270(5) TO CLARIFY THE
DEFINITION OF ACTUARY TO REQUIRE THAT THE ACTUARY BE AN ENROLLED
ACTUARY; AND SECTION 2-272 TO CLARIFY THE DEFINITION OF CREDITED
SERVICE TO DELETE REFERENCE TO THE AWARD OF A FULL YEAR OF CREDITED
SERVICE FOR RENDERING AT LEAST TEN-TWELFTHS OF A YEAR OF SERVICE.
Mayor Gulliford presented in full, in writing, Ordinance No.
58-91-15 on first reading. Cook x
Edwards x x
Motion: Approve passage of Ordinance No. 58-91-15 on first Tucker x
reading and set for public hearing April 22, 1991 Weldon x x
Gulliford x
In discussion before the vote, the City Attorney explained the
ordinance was required to comply with the recent agreement between
the city and the Department of Insurance regarding the city's
pension plan. The question was called and was unanimously
approved.
8. New Business:
A. Approval of Change Order No. 37 in the amount of -$129.30
relative to Section H
B. Approval of Change Order No. 39 in the amount of +$9,214.75
relative to Section H
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C. Approval of Change Order No. 41 in the amount of +$3,040.00
relative to Section H
D. Approval of Change Order No. 43 in the amount of +$2,024.00
relative to Section H Cook x
Edwards x
Motion: Approve Section H Change Orders Nos. 37, 39, 41, and Tucker x x
43 at a total cost not to exceed $800.00 Weldon x x
Gulliford x
Section H Project Manager Billy Howell explained the change orders
as follows:
Change Order No. 37 would eliminate approximately 790 feet of
treatment swales on Hibiscus Street and add underground drainage on
West Ninth Street, representing a decrease of $129.30.
Change Order No. 39 would redesign the storm drain at the
intersection of Main Street and Levy Road to avoid a Southern Bell
junction box. Southern Bell had agreed to reimburse the city for
the design cost in the amount of $9,214.75.
Change Order No. 41 was for modification of two structures of
improper design and the engineers had agreed to absorb this cost in
the amount of $3,040.00.
Change Order No. 43 was to eliminate a swale adjacent to the Fleet
Reserve parking lot to stabilize the parking area. The Fleet
Reserve had agreed to pay 75% of the total cost of $2,024.00.
The total cost to the city of the four Change Orders would be just
in excess of $600.00, after which Mr. Howell felt an amount of
approximately $22,000 - $23,000 still remained in the Section H
account.
The question was called and the motion carried unanimously.
E. Discussion and related action regarding establishment of user
fees for recreational facilities
Parks & Recreation Director Rose Blanchard had provided each
Commissioner with a proposed schedule of fees and rate structure.
She said this would be discussed by the Recreation Advisory Board
at its next meeting and Mayor Gulliford asked that it be brought
back to the City Commission at the next meeting along with the
board's recommendations. The Mayor also asked for a recommendation
of the board relative to use of the Russell Park baseball fields by
the Little League.
F. Discussion and related action relative to water line
replacement at the south end of Atlantic Beach
Mayor Gulliford said some of the water lines at the south end of
the beach were under sized and very old and asked that
consideration be given to upgrading that area. Bob Kosoy said he
hoped rehabilitation of that area would be included in next year's
budget and the work could be undertaken in phases.
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G. Discussion and related action relative to JEA electric bill in
the amount of $29,051.75
The City Manager reported that JEA had incorrectly billed the city
for electric service at 902 Assisi Lane. The city had now received
a bill for $29,051.75 representing the amount which JEA said the
city had been under billed. The City Manager expressed
dissatisfaction with the manner in which JEA had handled the matter
and he recommended the city investigate all options before paying
this bill.
Motion: Accept the recommendation of the City Manager Cook x
regarding payment of the JEA bill and direct the Edwards x
City Attorney to convey the city's objection to the Tucker x x
matter and pursue an impartial hearing, if necessary Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
H. Discussion and related action regarding unionization of Fire
Department lieutenants
The City Manager reported the city opposed the inclusion of Fire
Department lieutenants as part of the collective bargaining unit on
the basis that they have a supervisory role; however, that position
had been overruled by the review board. The City's Labor Attorney
had indicated he did not feel the law had been followed properly
and felt the only recourse would be in the District Court. He felt
due to the fact research had already been done the cost should not
exceed $1,500.00 and he solicited the wishes of the City
Commission.
Motion: Authorize the Labor Attorney to pursue in the courts Cook x
at a cost not to exceed $1,500.00, the appeal to Edwards x x
exclude the lieutenants from the bargaining unit, Tucker x x
which had been turned down by PERC Weldon x
Gulliford x
After brief discussion regarding the responsibilities of the
lieutenants and the pros and cons of excluding them from the
bargaining unit, the question was called and the motion carried
unanimously.
9. City Manager reports and/or correspondence
The City Manager reported he had contacted Mrs. Sharron regarding a
complaint her husband had brought before the City Commission at a
previous meeting regarding cables and debris which had been left by
Beaches Cablevision and which Mr. Sharron felt was causing
hazardous conditions. He said the cable company was scheduled to
clean the area up the following day.
A. Discussion and related action regarding proposed purchase of
property on George Street
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Parks & Recreation Director Blanchard reported she had observed a
"For Sale" sign on property on George Street adjacent to property
the city had recently purchased. She said the property was
assessed at $3,600.00 but the owner, William Sandford, was asking
$4,500.00 but that the price was negotiable. Cook x x
Edwards x
Motion: Authorize negotiation for the purchase of the Tucker x x
property in an amount not to exceed $4,000.00 Weldon x
Gulliford x
After brief discussion, the question was called and the motion
carried unanimously.
Bob Kosoy reported the city had received $5,700.00 in settlement
for a city truck which had been wrecked. A used truck to replace
the wrecked vehicle had been located and he asked authorization to
purchase same.
Cook x x
Motion: Authorize expenditure of the insurance funds Edwards x
received for the purchase of a used Ford pick—up Tucker x
truck for $5,995.00 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
The City Attorney reported he and Mr. Kosoy had met with the
President of the Sea Gardens Homeowners Association regarding the
proposed lift station in that area. The Association will hold a
board meeting this week and he will report later in this regard.
10. Mayor to call on City commissioners, City Attorney and City
Clerk
A. Names of nominees for National Leadership Forum
Mayor Gulliford reported investigation had revealed that sending
someone to this Forum would require considerable expenditure on the
part of the city and he recommended abandoning the idea.
B. Discussion and related action regarding Clemens litigation
Mr. Jensen confirmed that the City Commission had received a copy
of correspondence regarding settlement of the case. He felt the
proposal of $11,000.00 compensation for the land value was
reasonable and recommended the city accept same and let the court
set the attorney' s fees, all of which would be payable out of
Section H funds.
Cook x
Motion: Accept recommendation of the City Attorney regarding Edwards x
settlement of the case and pay $11,000 plus Tucker x x
attorneys fees as set by the court Weldon x x
Gulliford x
No further discussion. The motion carried unanimously.
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Dorothy Kerber announced that the JTA would hold a meeting at the
JTA offices on Tuesday, April 16, at 5:00 PM and invited those who
could, to attend.
Commissioner Weldon reported two people from Jacksonville Beach had
attended a Hurricane preparedness meeting in Miami recently and
those individuals had recommended the beaches cities work out a
common plan to be used in the event of a hurricane. Mayor
Gulliford said the county was responsible for emergency plans and
the Jacksonville Mayor had control of coordinating plans for the
county including the beaches cities and Baldwin. The City Manager
reported Atlantic Beach had prepared a hurricane plan for the city
and Chief Thompson, as coordinator, gave a brief overview of the
plan.
Mayor Gulliford reported at the next meeting he hoped to present
plans for a non-profit tax-exempt housing corporation which has
been an out-growth of the Community Development Block Grant and he
asked that the City Commissioners be considering potential members
to serve on that board.
The Mayor also referred to a letter recently received commending
Officer Van Nelson and said Officer Van Nelson was one of four
officers who had left the Atlantic Beach to take up employment in
the City of Jacksonville. He felt that a contributing factor was
that the City of Jacksonville was short-falling the beaches
communities by about $2 million per year and he urged the City
Commissioners to become active to renegotiate the interlocal
agreement with the City of Jacksonville.
There being no further business to come before the City Commission,
the Mayor declared the meeting adjourned.
< I
WAegdA
iiii
William I. Gullif.r7
Mayor/Presiding Off\ -II,
ATTES T:
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Doroth62,t. Lx.,e,...., 71 ,. .i.5
y M. Strain
Acting City Clerk