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11-14-88 v CITY OF MANTIC BEACH RE JIAR MEETING - NOVEMBER 14, 1988 Call to Order Invocation and pledge to the flag 1. Action by the City Commission to elect and seat a replacement for Seat 1, the Mayor-Commissioner's seat vacated by William S. Howell with a term to end on Tuesday, November 7, 1989. 2. Approval of the minutes of the regular meeting of October 24,1988 3. Recognition of visitors 4. Action on a request by Smith and Gillespie Engineers to authorize an additional $10,000.00 for resident project observation on the sanitary manhole replacement on Selva Marina Drive, Seminole Rd. , and 11th Street. 5. Appearances: A. Clements, Rumple, Goodwin, D/Avi with a presentation on a proposed new City Hall. 6. Action by the City Commission to approve final payment to the Belloit Company on the Lake Elizabeth project in the Buccaneer Water & Sewer District in the amount of $10,143.08. 7. Report on the allocation of Recreation funds by the Councilman Jarboe Recreation Committee. 8. Discussion by the City Commission on a proposal by Fleet Landing to utilize a portion of the Internal Revenue Code and the Florida Statutes to issue tax exempt bonds for the development of the proposed facility, and authorizing a Resolution and Public Hearing to be held on Wednesday, November 30, 1988. 9. Discussion by the City Commission on a Smith and Gillespie feasibility study on consolidation of the city and Buccaneer Water and sewer districts. 10. Action on Exceptions: 1. Public Hearing on an application for Use by Exception by Dawson Land Development Co. wishing to install an above ground storage tank in the Mealy Street Industrial Park. 2. Public Hearing on an application for Use by Exception by Charles Riggins at 820 Sailfish Drive for a home occupation to operate his lawn business out of his residence. 3. Public Hearing on an application for Use by Exception from Emory Thorpe, 831 Bonita Road to upholster couches, loveseats, and furniture in his residence. 11. Action on Ordinances: 1. Continued Public Hearing on an Ordinance regulating lighting along the ocean front to protect sea turtle hatchlings. Ordinance No. 95-88-37. 2. Public Hearing on an Ordinance authorizing extension of the City of Atlantic Beach Utility System by the purchase of the Atlantic Utilities facilities in the Oak Harbor Subdivision. 3. Introduction of an Ordinance making changes in the Atlantic Beach Retirement System relative to disability, refunds, and contributions, and authorizing the Ordinance be sent to the Actuaries for preparation of an impact statement following which a Public Hearing will be set for adoption of the Ordinance. Ordinance No. 58-88-13. 4. Introduction of an Ordinance amending the Code of The City of Atlantic Beach; amending Chapter 16 to provide for an increase in residential garbage fees to defray the cost of a recycling program and greater hauling distances. Ordinance No. 55-88-22. 12. Miscellaneous 13. Mayor to call on City Commissioners, City Attorney, City Clerk, and City Manager for reports and/or requests Adjournment MINUTES OF THE REGUTAR MEETING OF THE ATLANTIC BEACH CITY (l'! MISSION HELD AT CITY HALL ON NOVEMBER 14, 1988 AT 7:15 P.M. V V O O T T PRESENT: William I. Gulliford, Jr., Mayor Pro Tam-Commissioner E E mm Robert B. Cook, Sr. D D Glenn A. Edwards Alan C. Jensen, Commissioners M S AND: Richard C. Fellows, City Manager O E Claude L. Mullis, City Attorney T C I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Pro Tem Gulliford. The invo- cation, offered by Commissioner Cook was followed by the pledge to the flag. 1. Action by the City Commission to elect and seat a replacement for Seat 1, the Mayor-Commissioner's seat vacated by William S. Howell with a term to end on Tuesday, November 7, 1989. Motion: Nominate William I. Gulliford, Jr. for Seat 1, Mayor- Cook x x Commissioner. Edwards x x Jensen x Commissioner Gulliford thanked the Commission for their vote of Gulliford x confidence. He said he already felt the loss of Billy Howell, and chile the city might see some procedural changes, he did not think :here would be any shifts in philosophy. The question was called and Mayor Gulliford was duly elected by a unanimous roll call vote. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Approval of the minutes of the regular meeting of October 24, 1988 Motion: Minutes of the regular meeting of October 24, 1988 be Cook x approved as submitted. Edwards x x Jensen x x No discussion before the vote. Motion carried unanimously. Gulliford x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Recognition of Visitors Mr. Robert Vincent, 1130 Seminole Rd. offered a petition signed by 15 residents opposing the placement of Selva Linkside permanent directional sign on the right-of-way at the northwest corner of Seminole Road and 11th Street. Mr. Vincent also questioned why a permit was issued to Mr Louis MacDonell for the sign. He requested the Commission consider with- drawing the permit as a precedent would be set by allowing a commercia_ sign to be place in a public right-of-way in a residential neighborhood. Mayor Gulliford accepted the petition and directed the City Attorney to research the matter, and report back at the next meeting with a determ:- zation of the legality of such a sign. PAGE TWO MINUTES V V NOVEMBER 14, 1988 NAME OF COMMRS. MSYN 4. Action on a request by Smith and Gillespie Engineers to authorize an additional $10,000.00 for resident project observation on the sanitary manhole replacement on Selva Marina Drive, Seminole Rd. and 11th Street. Motion: Authorize an additional $10,000.00 for resident project Cook x observation on the sanitary manhole replacement on Selva Edwards x Marina Drive, Seminole Rd. and 11th St. Following a lengthy discussion on why the engineers had asked for the extension, Commissioner Edwards moved to amend his motion. The City Attorney told the Commission they could, in the future, set whatever parameters the Commission wanted to, in the amount of excess the city will pay for engineering services, and it would be up to the various engineers who make the proposals to decide whether they would accept under those conditions. Amended Notion: Authorize an additional $7,300.00 for resident Cook x x project observation on the sanitary manhole replacement on Edwards x x Selva Marina Drive, Seminole Rd. and 11th St. Jensen x Gulliford x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . Appearances: A. Clements, Rumple, Goodwin, D/Avi with a presentation on a proposed new City Hall Mr. Rumple and other representatives offered a slide show of the pro- posed new city hall, and presented the Commission with a scale model replica of same. The overall size of the Commission Chambers will seat from 90 to 100 people, whereas now the Chambers can seat 48 to 60. The question was raised if they needed to expand the proposed size. One solution was to use moveable walls and doors that could open out. Another thought was to build a larger roof structure for the Chambers and put a smaller building within that, and if expansion was needed, the walls could be moved. The anticipated construction costs would be $630,000 tc $650,000 with a construction period of 10 months. Completion date esti- mated for 3/90. The Mayor thanked Mr. Rumple for their presentation, ar,d suggested they leave the scale model in the front with a comment box fcr citizen perusal. The item will be on the agenda at the next meeting. 6. Action by the City Commission to approve final payment to the Belloit Company on the Lake Elizabeth project in the Buccaneer Water & Sewer District in the amount of $10,143.08. Motion: Authorize the final payment to the Belloit Company on the Cook x x Lake Elizabeth project in the Buccaneer Water & Sewer Edwards x x District in the amount of $10,143.08. Jensen x Jo discussion before the vote. Motion carried unanimously. Gulliford x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE THREE V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. M S Y N 7. Report on the allocation of Recreation funds by the Councilman Jarboe Recreation Committee. Rose Blanchard, Director of Parks and Recreation, reported the city had requested $160,000 for the purpose of developing a tract of land on the edge of the waterway just north of Atlantic Boulevard. Councilman Jarboe's Committee awarded us $125,000, the largest sum awarded to any project. Mayor Gulliford thanked Mrs. Blanchard for her efforts, and reminded the Commission they had allocated funds for the purpose of acquisition of those 7 acres. We have 4 acres adjacent that was planned for a transfer station site, but now the direction seemed to be away from a transfer station. We now have a potential of 11 acres to develop should we acquire the 7 acres. The land has been appraised for $160,000. Unfortunately the only apparent way to pursue the acquisition would be by condemnation. The owner is of the opinion condemnation is the only way to go. Notion: Direct the City Attorney to prepare the necessary Reso- Cook x x lution to present to the City Commission to authorize Edwards x x eminent domain proceedings to acquire 7 acres for develop- Jensen x ment of a park on the edge of the waterway just north of Gulliford x Atlantic Blvd. -ollowing discussion, the question was called and the motion carried nanimously. The City Manager will contact the owner by letter relative -to a negotiated price. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8. Discussion by the City Commission on a proposal by Fleet Landing to utilize a portion of the Internal Revenue Code and the Florida Statutes to issue tax exempt bonds for the development of the proposed facility, and authorizing a Resolution and Public Hearing to be held on Wednesday, November 30, 1988. Motion: Authorize a Public Hearing for November 30, 1988 on a Cook x x proposal by Fleet Landing to utilize a portion of the Edwards x x Internal Revenue Code and the Florida Statutes to issue Jensen x tax exempt bonds for the development of the proposed Gulliford x facility. The City Attorney advised the Commission the Public Hearing was solely in order to comply with the tax laws. There has to be a Public Hearing at which time there would only be a Resolution referred to as the Induce- ment Resolution. Authorization would come later. Discussion was held on risk to the city. Following discussion, the question was called and the notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. Discussion by the City Commission on a Smith and Gillespie feasibility .tudy on consolidation of the City and Buccaneer Water and sewer districts. PAGE FOUR V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. MSYN 9. Smith and Gillespie feasibility study on consolidation-continued Mr. Fellows requested guidance from the Commission on consolidation of the Buccaneer sewer and water and Atlantic Beach sewer facilities. The Commission had already approved adding another facility at the Buccaneer district to bring that up to a two million gallon facility. We are now running about 1.9 million gallons daily at the Atlantic Beach facility, a 2 million gallon per day facility. He said they now needed to take into consideration the development of Section H and the Fleet Landing property, and buildout for Atlantic Beach. The study reflected the capital costs of consolidating was approxi- mately the same as enlarging both facilities. Commissioner Edwards asked if the transition of moving from one plant to another would offset the difference. Mr. Avery of Smith and Gillespie explained the plant would only be disbanded, transition lines would still be there and lift stations. Mr. Avery also said the city had adequate land for a six million gallon per day facility that would go through year 2010. Mayor Gulliford said they needed to look at the total buildout first and take action at the next meeting. Commission agreed. 10. Action on Exceptions: 1. Public Hearing on an application for Use by Exception by Dawson Land Development Co. wishing to install an above ground storage tank in the ealy Street Industrial Park. Mayor Gulliford opened the floor for a Public Hearing on the exception by Dawson Land Development Co. and invited comments from the audience. As no one spoke for or against the request, the Mayor declared the Public Hearing closed. Motion: Approve an application for Use by Exception by Dawson Land Cook x Development Co. to install an above ground storage tank in Edwards x x the Mealy Street Industrial Park. Jensen x x Gulliford x During discussion, Commissioner Edwards asked what would be stored in the tank. Mr. Fellows said they planned to store diesel fuel and motor oils in the tank for their heavy equipment and dump trucks. Following discussion, the question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Public Hearing on an application for Use by Exception by Charles Riggins at 820 Sailfish Drive for a home occupation to operate his lawn business out of his residence. Mayor Gulliford opened the floor for a Public Hearing on the exception by Charles Riggins and invited comments from the audience. As no spoke for or against the application, the Mayor declared the Public Hearing closed. Notion: Approve the application for Use by Exception by Charles Cook x x Riggins at 820 Sailfish Drive for a hone occupation to Edwards x operate his lawn business out of his residence. Jensen x x Gulliford x PAGE FIVE V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. MSYN 10. 2. Charles Riggins Use by Exception - continued During discussion before the vote, Commissioner Edwards expressed the opinion the Commission was going overboard with granting the exceptions for home occupations. He suggested the City Attorney prepare a Resolution providing that no more home occupation licenses would be issued, and the present ones would be grandfathered in. Commissioner Cook pointed out it would be unfair to someone only using a typewriter and phone not to be allowed a home occupation. Mayor Gulliford suggested the subject should be addressed as an agenda item for the next meeting. Following discussion, the question was called and the motion carried unanimously. 10. 3 Public Hearing on an application for Use by Exception from Emory Thorpe, 831 Bonita Road to upholster couches, loveseats, and furniture in his residence. Mayor Gulliford opened the floor for a Public Hearing on the Exception by Emory Thorpe, and invited comments from the audience. As no one spoke for or against the exception, the Mayor declared the Public Hearing closed. Motion: Approve an exception for Emory Thorpe, 831 Bonita Road to Jensen x upholster couches, love-seats and furniture in his home. Edwards x uring discussion before the vote. , Commissioner Cook opposed. It was different than having a typewriter or using the phone. There could be furniture in the yard and garage. Commissioner Edwards agreed. Commissioner Jensen reminded the Commission that the Community Development Board had recommended approval with conditions there would be no outside storage, no machinery, and no customers at the home. Amended Motion: Approve an exception for Emory Thorpe, 831 Bonita Cook x Road to upholster couches, love-seats and furniture in his Edwards x x home with the provision there be no outside storage, no Jensen x x outside work, no machinery, and no customers coming in and Gulliford x out. No discussion before the vote. Motion carried with a three to one vote. Commissioner Cook voted nay. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11. Action on Ordinances: 1. Ordinance No. 95-88-37 - Continued Public Hearing Mayor Gulliford announced it had been requested the Public Hearing be continued to the next meeting on November 28, 1988. Motion: Continue the Public Hearing on Ordinance No. 95--88-37 Cook x until the next meeting on November 28, 1988. Edwards x x Jensen x x Ao discussion before the vote. Motion carried unanimously. Gulliford x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • PAGE SIX V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. M S Y N 11. Action on Ordinances - continued 2. Ordinance No. 80-88-37 - Public Hearing AN ORDINANCE ACCEPTING THE OFFER OF ATLANTIC UTILITIES OF JACKSONVILLE INC. , TO SELL CERTAIN OF THE ASSETS OF THE OAK HARBOR WATER AND SEWER SYSTEM TO THE CITY FOR THE PURPOSE OF ACQUIRING THE OAK HARBOR WATER AND SEWER SYSTEM OWNED AND OPERATED BY ATLANTIC UTILITIES OF JACKSONVITTE, INC. , DESCRIBED IN SAID OFFER FOR THE PURCHASE PRICE SET FORTH IN THE ATTACHED AGREEMENT OF PURCHASE AND SALE; ESTABLISHING THE OAK HARBOR WATER AND SEWER DISTRICT OF THE CITY WITHIN WHICH THE CITY WILL PROVIDE WATER AND SEWER SERVICES THROUGH THE SYSTEM PURCHASED; AUTHORIZING THE ISSUANCE OF OAK HARBOR WATER AND SEWER DISTRICT REVENUE BONDS FOR PAYMENT OF THE PURCHASE PRICE OF THE ASSETS; AUTHORIZING PAYMENT OF THE BONDS FROM THE NET REVENUES AND AVAILABLE IMPACT FEES OF THE UTILITY SYSTEM SERVING OAK HARBOR WATER AND SEWER DISTRICT; AUTHORIZING AND DIRECTING CERTAIN OFFICERS OF THE CITY TO EXECUTE THE AGREEMENT OF PURCHASE AND SALE; AND OTHER DOCUMENTS, AND TAKE CERTAIN ACTION IN CONNECTION THERE- WITH; IMPOSING A CAPITAL FACILITIES ACQUISITION CHARGE UPON CURRENT CUSTOMERS OF THE ACQUIRED FACILITIES; AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. 80-88-37 on final reading. Said Ordinance was posted in line with Charter require- ants. He announced the Ordinance title had been amended. Each Commissioner ad received the amendments. The title amendment was imposing a capital facilities acquisition charge upon current customers of the acquired facilities, and on page 6 under "gross Revenues" ,but including Capital Facilities Acquisition Charges imposed herein. On page 33 another section added to the Ordinance: Section 22 Capital Facilities Acquisition Chards Imposed. Motion: Approve the amendments to Ordinance No. 80-88-37. Cook x Edwards x x Jensen x x No discussion before the vote. Motion carried unanimously. Gulliford x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Gulliford opened the floor for a Public Hearing to amended Ordi- nance No. 80-88-37, and invited comments from the audience. Mr.MMGee, 1831 Selva Marina Drive asked what benefit the passage of the Ordinance would be to Atlantic Beach. Why were we going outside the city to take on a system that through the years will put a demand on our taxpayers. Mayor Gulliford explained the purchase was for the same reason we acquired Buccaneer, and if he went back and looked at the success with Buccaneer, he did not think anyone could say Buccaneer put a burden on the taxpayers. He added it would go a long way in subsidizing the operating costs of the city with the revenues it will be generating. The Mayor agreed the Oak Harbor system was not as good a deal as Buccaneer, but it did project a positive revenue over the 15 years. As no one spoke for or against the )rdinance, the Mayor declared the Public Hearing closed. Action on the Ordinance will be taken on December 12, 1988. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SEVEN V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. M S Y N Action on Ordinances - continued 3. Ordinance No. 58-88-31 - 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 DEFINITION OF COMPENSATION SO AS TO INCLUDE INCENTIVE MONIES AS DEFINED IN CHAPTER 943.22 FLORIDA STATUTES; REPEALING SECTION 2-279 AND PROVIDING FOR A NEW SECTION 2-279 TO BRING THE DISABILITY STATUS WITHIN THE FRAMEWORK OF CHAPTER 175.191 AND CHAPTER 185.18; AMENDING SECTION 2-283 TO ALLOW THE EMPLOYEE TO CHOOSE HIS BENEFICIARY; AMENDING SECTION 2-280 TO BRING THE MAXIMUM AMOUNT OF PENSION INTO CONFORMANCE WITH FLORIDA STATUTES CHAPTER 112.65 SUBPARAGRAPH 1 AND SUBPARAGRAPH 2, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. 58-88-31 on first reading. Motion: Passage of Ordinance No. 58-88-31 on first reading. Cook x x Edwards x x No discussion before the vote. Notion carried unanimously. Mayor Jensen x Gulliford set the Public hearing for November 28, 1988. Gulliford x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . Ordinance No. 55-88-22 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 16, SECTION 16-7, SUBPARAGRAPHS 1, 2, AND 3, TO PROVIDE FOR AN INCREASE IN RESIDENTIAL TRASH AND GARBAGE COT,T,FCTION PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing Ordinance No. 55-88-22 on first reading. Motion: Passage of Ordinance No. 55-88-22 on first reading. Jensen x Edwards x During discussion before the vote, Commissioner Cook requested the title be amended to include the word "fees". Amended Notion: Passage of Ordinance No. 55-88-22 on first reading, Cook x with the provision the title will read TO PROVIDE FOR AN Edwards x x INCREASE IN RESIDENTIAL TRASH AND GARBAGE COLLECTION FEES; Jensen x x Gulliford x No discussion before the vote. Motion carried unanimously. Mayor Gulliford set the Public Hearing for November 28, 1988. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 12. Miscellaneous ;ach Commissioner congratulated Mayor Gulliford relative to his being elected Mayor unanimously and said they would work with him in every way to help the city function properly. PAGE EIGHT V V MINUTES NAME OF NOVEMBER 14, 1988 COMMRS. M S Y N MISCELLANEOUS - CONTINUED Commissioner Cook requested the Commission consider the possibility of trading a 50-foot lot fronting on Pine Street at the entrance of Howell Park with a 50-foot lot immediately to the rear thereof fronting on Magnolia Street. Following discussion, the City Attorney was in- structed to research and determine if there are any covenants and restrictions which control the use of Howell Park. If there are none, the two properties will be appraised at no cost to the city. Mayor Gulliford appointed Commissioner Jensen, Mrs. Dorothy Kerber, Ronald Della Porta, and Adelaide Tucker to serve on the Committee to screen the City Clerk applicants, and report back to the Mayor with a recommendation of what they view to be the top three. Commissioner Jensen will Chair the Committee. All Committee meetings will be held in the Sunshine. The Mayor will call a Special Call Meeting to appoint the new City Clerk. The Mayor also announced the appointment of a new Commissioner for Seat 4 will take place at the next meeting on November 28, 1988. That seat will expire on November 7, 1989. Mayor Gulliford presented in full Resolution No. 88-22, a Resolution ommending Adelaide Tucker for her service as City Clerk. Motion: Passage of Resolution No. 88-22. Cook x x Edwards x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gulliford x There being no other business to come before the Commission. Mayor Gulliford declared the meeting adjourned at 8:30 p.m. i am I. Gulliford, Mayor/Presiding Offic PLaEST: Adelaide R.Tucker City Clerk on November 7, 1988.