02-24-86 V AGENDA
CITY OF ATLANTIC BEACH
February 24, 1986
Call to Order
Invocation and Pledge to the Flag
1. Approval of the Minutes of the regular meeting of February 10,
1986, and special meeting of February 19, 1986
2. Recognition of visitors
3. Bid Openings:
A. Sealed bids for all labor and material for construction of a
new 400,000 GPD sewage treatment plant in the Buccaneer Water
and Sewer District
B. Sealed bids for the construction of beach dune crossovers and
handicap ramps along the ocean front
4. Appearances:
A. Developers of Selva Lakes requesting a change in the planned
unit development to allow a different method of reaching the
proposed residences in the northwest corner of the project
5. Action on recommendations of the Advisory Planning Board:
A. Action on the Planning Board's recommendation for a denial of
a request for the rezoning of Lot 352, Saltair Section 3, from
RS-2 to RG-2 by H.K.T. Inc.
B. Action by the City Commission on a recommendation of the
Advisory Planning Board for approval of a request for a use by
exception for a child day care center in a Commercial General
district at 1050 Mayport Road
C. Action by the City Commission on a recommendation of the
Advisory Planning Board that the City evaluate the possibility
of developing a master plan for recreation
6. Report from the City attorney on the litigation relative to the
Bull and Sevilla cases
7. Action by the City Commission on a request from the Atlantic Beach
Police Department for a renewal of the Police Department physical
fitness program in the amount of $3,400 to be paid for from State
second dollar funding
8. Action by the City Commission on a request from Robert Bates and
Associates for approval of Change Order No. 2 involving demucking
of a portion of the site at "A" station in the amount of $4,844
9. Committee report from Commissioner Glenn Edwards relative to
recommendations on award of bids for replacement of drainage
structures on Plaza and Seminole Road, and for the purchase of new
garbage dumpsters.
10. Discussion regarding the auditors findings and recommendations
contained in the management letter
11. Action by the City Commission to accept a 10-foot maintenance
easement for utilities across the front of the property of Pan Am
Plaza on Mayport Road.
12. Discussion by the City Commission on the desirability of preparing
legislation dealing with obscene material and other matters related
thereto
13. Action by the City Commission to approve budget adjustments
14. Discussion by the City Commission on the feasibility of acquiring
the J.E.A. distribution system for the purpose of becoming an
electric utility
15. Action on Ordinances:
A. Public Hearing and final reading of an Ordinance, amending the
Ordinance Code of the City of Atlantic Beach, Florida;
providing rules and regulations for structures located in the
coastal building zone
B. Public Hearing and final reading of an Ordinance, amending the
Ordinance Code of the City of Atlantic Beach, Florida;
providing regulations for the setbacks on swimming pools
16. Miscellaneous business
17. Adjournment
MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH HELD AT CITY HALL ON FEBRUARY 24, 1986 AT 7: 15 P.M.
V V
O O
rRESENT: William S.Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
_ rte
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
Approval of Minutes of the Regular Meeting of February 10, 1986
Motion: Adopt the minutes of the regular meeting of February 10, Cook x
1986 as written. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Approval of Minutes of Special Called Meeting of February 19,1986
Motion: The minutes of the Special Called meeting of February 10, Cook x
1986 be approved as written. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors
Mr. Bob Vincent, 1130 Seminole Road submitted a petition containing
fifty (50) signatures that requested the City of Atlantic Beach to
move forward immediately to replace the sanitary lift station at 11th
Street (Station B) . Mayor Howell acknowledged receipt of the petition
which is attached hereto and made a part hereof and advised contracts
had been let for lift stations A, B, C, D, E & F in October, 1985. The
contractors took the worst lift stations first. "B" station was scheduled
next and projected completion date for all lift stations was June, 1986.
Mr. Jim Bailey, President of Atlantic Beach Little League requested Com-
mission approve payment of officials serving the Minor/Major League games
($12.50 per official per game, and $11.00 per official per T-ball games)
During discussion it was pointed out the city provided the use of facili-
ties (field, lights, concession stand, etc.) and the city should not be-
come involved in any direct funding that does not encompass the service
that would be provided to all the citizens. Also, where would the city
aw the line on funding specific social programs.
Mr. Bailey was asked if all registered children were from Atlantic Beac`I,
and he replied 80-90% were from our city, the others from Neptune, Jack-
sonville, and Ponte Vedra Beaches.
PAGE TWO V V
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FEBRUARY 24,1986 COMMRS. MS Y N
Recognition of Visitors - continued
The City Attorney advised the only expenditures for a public purpose of
that type that could be utilized therefore would have to be open to and
of the benefit to all the residents of Atlantic Beach. He questioned
whether or not the Little League served that purpose. Mr. Mullis said
they would need more facts before he would render a legal opinion.
Motion: Deny the request by Mr. James N. Bailey, President of Cook x
Little League to fund $2,400 for payment of officials Edwards x x
based on: #1 - It would set a precedent the city is not Gulliford x
in a position to deal with, and # 2 - It has not been Morris x x
budgeted for the current fiscal year. Howell x
No discussion before the vote. Motion carried with a four to one vote.
Commissioner Cook voted nay.
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Mr. Robert Smith, President, Club Atlantis Restaurant,Inc. orally pre-
sented a letter to the Commission that he hoped would clear up some
apparent misunderstandings on calls he had made to the Police force and
the necessity for moving the bus stops from their present locations in
Tont of his club. In closing, he said he was elated the Mayor and Com-
.aission were trying to help solve the problem, and both he and his wife
wanted to cooperate with the city and the police fully at all times.
Mayor Howell thanked Mr. Smith for his comments and advised him he had
met last Thursday with the Chairman of The Jacksonville Transporation
Authority and the head of their mass transportation, and they are going
to look into the problem. The Chairman told Mayor Howell they had a
problem because the bus stops were centrally located at that particular
interchange area. He could not guarantee the bus stops would be moved.
Bid Openings
A.Sealed bids for all labor and material for construction of new 400,000
GPD sewage treatment plant in the Buccaneer Water and Sewer District
The following bids were received and opened:
1. Jax Utilities Management, Inc. , Jacksonville $302,166.52
Bid bond - Security Bond Associates,Inc.
2. J. W. Meadors & Co. , Jacksonville $337,700.00
Bid bond - Transamerica Insurance Co.
3. Ortega Industrial Contractors, Jacksonville No Totals shown
Bid bond - Firemens Fund Insurance Co. on bid
Did tabulation which includes bid bond is attached hereto and made a
part hereof.
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FEBRUARY 24, 1986 COMMRS. MSYN
Bid Openings - continued
Motion: Bids be referred to Committee for a report back at the Cook x
next meeting. Edwards x x
Gulliford x x
During discussion before the vote, Commissioner Gulliford asked Morris x
the Committee to address the financial impact in both the project- Howell x
ions the city made relative to the growth in that area and the actual
figures. Mr. Fellows said they had made the bids good for sixty (60)
days which would give them adequate time to project exactly the finan-
cial status of the Buccaneer Water & Sewer District. The question
was called and the motion carried unanimously. Mayor Howell appointed
Commissioners Edwards and Gulliford, City Manager Fellows and Director
of Public Works Braid to serve on the Committee. Mayor Howell instructed
Commissioner Edwards to notify the other Commissioners as to the date
and time of the Committee meeting in case they desired to attend.
* * * * * * * * * * * k * * * * * * * * * * * * * * *
B. Sealed bids for the construction of beach dune crossovers and handi-
cap ramps along the ocean front.
The following bids were received and opened:
o bid bond was called for.
1. Scott Barnett, Atlantic Beach $16,212.00
2. Bennett Construction Co. , Atlantic Beach $18,262.97
3. Holtsinger Construction, Neptune Beach $18,490.48
4. Summit Construction Group,Inc. , Jacksonville $23,689.34
Bid tabulation is attached hereto and made a part hereof.
Motion: Bids be referred to Committee for a report back at the Cook x
next meeting. Edwards x
Gulliford x x
Morris x x
During discussion, Commissioner Gulliford asked what the budgeted Howell x
amount was. Mr. Fellows replied the city had received a State Grant
up to $50,000 on a 50% basis. The question was called and the motion
carried unanimously. Mayor Howell appointed Commissioner Edwards,
City Manager Fellows and Building Inspector Ford to serve on the
Committee.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Appearances:
Developers of Selva Lakes requesting a change in the planned unit
development to allow a different method of reaching the proposed
residences in the northwest corner of the project.
PAGE FOUR V V
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FEBRUARY 24, 1986 COMMRS. MSYN
_ .._ • . .
Appearances - continued
Mr. Tom Rodgers, Project Director for Selva Lakes development presented
a site plan layout of the proposed change. He requested,on the northwest
and southwest corners,a change in the layout in order to get the same
number of units in the development as they were using more land for lake
areas than originally planned. He assured the Commission there would be
the same green space and the same basic street design. It would serve as
a private driveway for ingress and egress for two lots. The rest of the
lots are a dedicated right-of-way. The covenants and restrictions also
address the ingress and egress for those units. Commissioner Morris
asked Mr. Rodgers if they anticipated any other changes, and he replied
in the negative.
Motion: Approve to amend the PUD and approve the plan as submitted Cook x x
for retaining the same number of units and density and the Edwards x
driveways being private in accordance with the master plan Gulliford x x
now on file with the City of Atlantic Beach. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
* * ;e * * * * * * * * * * * * * * * * * *
ction on recommendations of the Advisory Planning Board
A. Action on the Planning Board's recommendation for a denial of a
request for the rezoning of Lot 352, Saltair Section 3, from RS-2 to
RG-2 by H.K.T. Inc.
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING
MAP OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND OWNED BY
H.K.T. ,INC. , AND DESCRIBED AS LOT 352, SALTAIR SECTION 3; FROM RS-2
RESIDENTIAL SINGLE FAMILY TO RG-2 RESIDENTIAL GENERAL AND PROVIDING
AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-86-101
on first reading.
Motion: Passage of Ordinance No. 90-86-101 on first reading. Cook x
Edwards x x
Gulliford x x
Mayor Howell explained the Advisory Planning Board had recommended Morris x
denial of the request for rezoning of Lot 352. The Public Hearing Howell x
will be held to offer the full course of administrative procedures.
The question was called and the motion carried unanimously. Mayor
Howell set the Public Hearing for March 10, 1986.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
h Action by the City Commission on a recommendation of the Advisory
Planning Board for approval of a request for a use by exception for a
child day care center in a Commercial General district at 1050 Mayport Rd.
PAGE FIVE V V
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FEBRUARY 24, 1986 COMMRS. M S Y N
Action on recommendations of the Advisory Planning Board - continued
Motion: The request for a Use by Exception for a child care center Cook x
in the Commercial General district at 1050 Mayport Road Edwards x
be set for a Public Hearing. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell set the Public Hearing for March 10, 1986.
* * * * * * * * * * * * ;: * * * * * * * * ,. * * * * *
C. Action by the City Commission on a recommendation of the Advisory
Planning Board that the City evaluate the possibility of developing
a master plan for recreation.
It was reported several residents were present at the last Advisory
Planning Board meeting to express their desire to have the tennis courts
upgraded at Russell Park, and suggested the Commission evaluate the
possibility of developing a master plan for recreation. Commissioner
Gulliford suggested the City needed to look for and maybe acquisition
of some future recreational property in the Section H area, or accept
for dedication, property for future recreational purposes. Commission
agreed. The item will be discussed at a later date.
u. Report from the City attorney on the litigation relative to the Bull
and Sevilla cases.
The City Attorney referred to his letter sent to the Commission relating
to the three cases involving Mr. George Bull, Mary Bull, and Sevilla
Development Corp that said extensive negotiations have concluded with a
proposal which he considered to be in the city's best interest. Mr.
Mullis felt the city's chances of prevailing in all three of the actions
were favorable, but the cost of doing so would be substantial. It was
therefore his recommendation that a cash settlement be offered to the
plantiffs in an amount of $20,000 in return for their agreement to enter
into a written stipulation dismissing the lawsuits and agreeing to pursue
the issues therein no further.
Motion: Take the City Attorney's advice and offer a cash settlement Cook x
of $20,000. to the plantiffs, George Bull, Mary Bull, and Edwards x
Sevilla Development Corp. Gulliford x x
Morris x x
Howell x
During discussion, Commission Cook asked that each Commissioner receive
a copy of the settlement before the City Attorney disbursed the funds.
Mr. Mullis agreed to do so. The question was called and the motion
carried unanimously.
* * * * * * * * * * * * * * :; * * * * * * * * * * * * * * *
7. Action by the City Commission on a request from the Atlantic Beach
Police Department for a renewal of the Police Department physical fit-
ness program in the amount of $3,400 to be paid for from State second
Dollar funding.
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FEBRUARY 24, 1986 COMMRS. M S Y N
7. Police Dept. Physical fitness program - continued
Motion: Renew the Police Department's physical fitness program Cook x
with State Funding as provided. Edwards x x
Gulliford x x
During discussion, Commissioner Morris complimented the Police Dept. Morris x
on the article about them pulished in the February, 1986 issue of Howell x
Law and Order magazine. The question was called and the motion carried
unanimously.
* * * * * * * * * * * * * * * * * * * ,. * * * * *
8. Action by the City Commission on a request from Robert Bates and
Associates for approval of Change Order No. 2 involving demucking
of a portion of the site at "A" station in the amount of $4,844.
The City Manager reported he had sent out information relative to
the above in the status report. The work involved in demucking a portion
of the site at "A" station constituted additional scope under the con-
tract, and the contractor was entitled to an increase in the contract
amount. Mr. Fellows recommended the city approve the increase.
Motion: Grant the request from Robert Bates and Associates,Inc. Cook x
for demucking in the amount of $4,844. on change order #2. Edwards x x
Gulliford x x
Morris x
Commissioner Edwards asked if Mr. Bates had no knowledge the demuck- Howell x
ing would have to be done. Mr. Fellows said unforseen site conditions
was what Mr. Bates had quoted in his report to the Engineer, and they
investigated the matter and verified it was not possible to determine
they were going to have that problem. Commissioner Edwards said anyone
walking by could see it was going to happen. The question was called and
the motion carried unanimously.
* * 'c * * k * * * * * * * * * :; * * * * * :; * * * * * * .. :: ..
9. Committee report from Commissioner Glenn Edwards relative to recom-
mendations on award of bids for replacement of drainage structures on
Plaza and Seminole Road, and for the purchase of new garbage dumpsters.
Commissioner Edwards reported the Committee met on the referenced item
on February 18, 1986. Based upon recommendations of the design engineet ,
the Committee recommended the bid of Fraley Associates of Sea Bright,
New Jersey, in the amount of $72,700, be accepted for the reconstructicn
of drainage structures at Plaza and Seminole Roads. Mr. Fellows reported
he had a certification from the Finance Director there was approximately
$157,000 from carry-over funds and capital projects not used last year.
He intended to fund out of the loan program this year and planned when
the loan came through, they would pay it back to the carry-over funds.
Cook x
Motion: Approve the Committee report and award the bid to Fraley Edwards x
Associates in the amount of $72,700 for the reconstruction Gulliford x x
of drainage structures at Plaza and Seminole Roads. Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
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PAGE SEVEN V V
MINUTES NAME OF
FEBRUARY 24,1986 COMMRS. MSYN
Committee report from Commissioner Glenn Edwards - continued
Commissioner Edwards also reported in regards to the lone bid received
on the garbage dumpsters, it was the recommendation of the Committee,
the bid of Ray Pace's Waste Equipment Co. of Jacksonville, be accepted
in the amount of $11,680. He said Mr. Braid had checked with other
companies in Tampa, etc. and Ray Pace's bid was the lowest.
Motion: Award the bid on garbage dumpsters to Ray Pace's Waste Cook x x
Equipment Co. of Jacksonville in the amount of $11,680. Edwards x x
During discussion before the vote, Commissioner Gulliford expressed
concern over just one bid. He asked how many invitations went out. He
commented we just don't see anything being bid anymore with only one
bidder, and it made him somewhat skittish. He asked why did we only
get one bid - was it a proprietary specs - was it written so that was
the only equipment that could bid it. Mr. Fellows replied no, it was
not written that way. He understood that bids were sent to at least
one other firm. Mr. Braid said Mrs. LaVake did not tell him how many,
but several were mailed out - to whom, he did not know. Commissioner
Gulliford asserted any time the city bids anything, he thought it would
be appropriate action for them as a Commission to be provided exactly
tow many invitations were sent out and to whom, as part of the bid, be-
cause it is just too competitive out there to award on one bid.
Substitute Motion: Table the bid on garbage dumpsters until the Cook x
next meeting and we receive the information that Edwards x
Mr. Braid has been asked to furnish. Gulliford x x
Morris x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * .. * * * k * * :: :: * sc * * * * * * * * *
10.Discussion regarding the auditors findings and recommendations
contained in the management letter.
Mr. Fellows reported that Commissioner Gulliford had asked that he
comment on the findings and he had asked the Finance Director to write
his comments before forwarding to the State Auditor General, and he
said, in regards to his report, he agreed with everything Mr. Royal
had written. Mr. Fellows thought we should have dual signatures on
the checks. Presently they have it set up for three signatures avail-
able, Finance Director, City Manager, and City Clerk, any two of which
could sign. That would provide, if one was away, there would always be
another person available to sign. He added they planned on implementing
that as soon as arrangements could be made, if the Commission agreed.
The EDP terminal security had been taken care of. Mr. Fellows agreed
vith Mr. Royal's suggestion on payroll distributions. The encumbrance
system was something he thought the city needed. He also said the reascn
the debt covenants was not set up initially was because of the complex
nature of the Ordinance as it relates to available impact fees. The
Auditors had difficulty in trying to interpret that and Mr. Royal
PAGE EIGHT V V
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FEBRUARY 24,1986 COMMRS. M S Y N
10. Discussion re auditors findings and recommendations - continued
finally asked Mr. Livermore and Mr. Mullis for further information re-
lative to that. Mr. Fellows felt it would benefit the city best if they
asked the auditors to assist them in setting up the debt funds. Mr.Royal
is now accounting for them as required by the Ordinance.
Mr. Fellows reported the auditors also recommended a micro-computer be
purchased for the Finance Dept and which he also recommended. A budget
amendment was provided for the necessary funds to purchase the equipment
and was listed under item 13 on the agenda. The funds would be transferred
from Federal Revenue Sharing funds.
11. Action by the City Commission to accept a 10-foot maintenance ease-
ment for utilities across the front of the property of Pan Am Plaza on
Mayport Road.
Mayor Howell explained Ash Properties, Inc. were granting a 10 foot ease-
ment for water and sewer lines of the Buccaneer Water and Sewer District
which will be serving said Ash Properties and the development known as
Pan Am Plaza on Mayport Road adjacent to the Catholic Church. The City
Attorney advised the document could not be recorded as it was not no-
arized and no date appeared.
Motion: Accept the 10' easement granted by Ash Properties, Inc. Cook x x
for water and sewer lines for Pan Am Plaza development Edwards x x
after document is notarized and dated. Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x
* ;e * ;: ,. ;: ;e * * ;; ;r ;: * ;: k * ;: * * ;e x * ;; * * Howell x
12. Discussion by the City Commission on the desirability of prepar-
ing legislation dealing with obscene material and other matters related
thereto.
Mr. Fellows reported apparently when the City Code was codified by
the Municipal Code Corp. that inadvertently they appeared to have left
out some of the material that was contained therein relating to the above.
Some legislation for Commission consideration was provided by the Police
Dept as requested by the City Manager. The question was asked whose res-
ponsibility was it for left out or deleted items. Mr. Mullis replied, as
he recalled when he and Mr. Moss had reviewed the draft, they may have
felt most of those Statutes had been declared unconstitutional and the
feeling was there is a State Statute that has been reasonably interpreted
where they think it can be enforced. Commissioner Morris commented you
would want to address not only the female but the male aspects of the
Ordinance. It was the consensus of the Commission the City Manager should
look into various legislation and bring something back at the next meet-
4.ng. Commissioner Cook suggested the wording should be stronger than the
!xample furnished in their agenda packet.
13. Action by the City Commission to approve budget adjustments
PAGE NINE V V
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FEBRUARY 24,1986 COMMRS. MSYN
13. Budget Adjustments - continued
The City Manager explained one of the budget adjustments was on the
drainage project awarded and was only transferring funds needed.
In regards to the budget adjustment for computers, Mr. Fellows reported
they had determined the compaq which was purchased for the Police Dept
was now on state contract. The price was less than what the Police Dept,
paid. He definitely wanted to purchase one for the Finance Dept. and
if the Commission agreed, he would purchase one for the Clerk and move
her word processor into the Building department. The Clerk said she wan=-
ed to keep her word processor, and felt the Building dept. would be
better served with a micro-computer rather than a word processor. Follow-
ing discussion, the Mayor appointed Commissioner Gulliford as a Committee
of one to review the need for computers and report back at the next meet-
ing. Commissioner Gulliford asked the City Manager and Finance Director
to serve on the Committee.
Motion: Approve the transfer of $20,000, but with the stipulation Cook x x
nothing will be purchased until Commissioner Gulliford's Edwards x
Committee comes back with a report. Gulliford x x
Morris x
o discussion before the vote. Motion carried unanimously. Howell x
* * * * * .. * * * * * * * * * * * * * * * * * * * * * * *
14. Discussion by the City Commission on the feasibility of acquiring
the J.E.A. distribution system for the purpose of becoming an electric
utility
Mr. Fellows provided a detailed report on the feasibility of the City
of Atlantic Beach acquiring the Jacksonville Electric Authority Dis-
tribution System within the city limits for the purpose of becoming
an electric utility. He added that he had called Mr. Lyles in reference
to the purchase price and Mr. Lyles indicated there would an expense
the city would have to stand good for to evaluate the system profession-
ally before quoting a price. Mr. Fellows quoted a rule of thumb another
city applied was that the system generally was worth one and one-half
(12) to two and one-half (21/2) its gross revenues. The gross revenues
of the JEA in Atlantic Beach he had calculated to be between six (6)
and seven (7) million dollars. Commissioner Gulliford asked if the
Commission would object to he and Mr. Fellows continuing to pursue
the subject, with assistance from the City Attorney. No objections were
raised.
15. Action on Ordinances:
A. Public Hearing and final reading of Ordinance No. 25-86-17
LN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 6, ARTICLE II, TO ADD SECTIONS 6-18 THROUGH
6-28, PROVIDING RULES AND REGULATIONS FOR THE CITY'S COASTAL CONSTRUCTIDN
CODE; PROVIDING AN EFFECTIVE DATE.
PAGE TEN V V
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FEBRUARY 24, 1986 COMMRS. M S Y N
Action on Ordinances - continued
Mayor Howell presented Ordinance No. 25-86-17 in full, in writing on
second and final reading. Said Ordinance was posted in line with Charter
requirements. The Mayor opened the floor for a Public Hearing and in-
vited comments from the floor. As no one spoke for or against, the Mayor
declared the Public Hearing closed. The City Manager reported the Ordi-
nance, if adopted, included the five suggested changes.
Motion: Passage of Ordinance No. 25-86-17 as amended on second Cook x
and final reading. Edwards x x
Gulliford x x
Mayor Howell commented to the audience the Ordinance was the new Morris x
Coastal Building Regulations that have been mandated by the Depart- Howell x
ment of Community Affairs which was given that authority by the Legis-
lation at their last session. "It has been raining on the Department
of Community Affairs" and he expected we would see some changes in the
bill, so the Ordinance may have to be amended again. The question was
called and the motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * *
B.Public Hearing and final reading on Ordinance No.90-86-100
N ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING AND SUBDIVISION
REGULATIONS OF THE CITY OF ATLANTIC BEACH; AMENDING SECTION 24-151 SUB-
PARAGRAPHS (b) SUBPARAGRAPH (3) TO PROVIDE EXCEPTIONS FOR PRIVATE SWIM-
MING POOLS; AMENDING SECTION 24-164 SUBPARAGRAPH (2) (b) AND (c) TO
PROVIDE SETBACKS IN REGARDS TO THE CONSTRUCTION OF SWIMMING POOLS; PRO-
VIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 90-86-100 in full, in writing on
second and final reading. Said Ordinance was posted in line with Charter
requirements. The Mayor opened the floor for a Public Hearing and in-
vited comments from the floor. As no one spoke for or against, the Mayor
declared the Public Hearing closed.
Motion: Passage of Ordinance No. 90-86-100 on second and final Cook x
reading. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * .; * :e * * * * * * * ;: * * * * ;: ., * * Howell x
Miscellaneous Business
Mayor Howell announced on Tuesday night the Duval Legislative Delegation
will be meeting at the conference room, 6th floor, City Hall, Jacksonville
qt 7:00 p.m. to discuss all local legislation including the city's bill
)n write-in votes and some discussion would be held on the bill as present-
ed for the City of Atlantic Beach to annex North Atlantic Beach.
PAGE ELEVEN V V
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FEBRUARY 24, 1986 COMMRS. MSYN
Miscellaneous Business - continued
Mr. Fellows read portions of a letter from The Department of Environmental
Regulations, "based on receipt of bids lower than originally estimated,
your project will not earn the total grant offered. Your present grant
of $834,785. is hereby reduced by $141,459. resulting in a revised grant
amount of $693,326." He advised the Commission he had talked by phone
with DER that day to ask if there was any way to recapture those funds.
He suggested demolishing the old pump stations which are still there and
will have to be demolished at our own expense. DER informed him that he
could not because when the project was first set up, they notified the
city on August 9, 1984 that the grant for the pumping station could only
be honored for the amount of what it would have cost to rehabilitate the
pumping stations, not to rebuild them. There was an estimated cost put
out and when the bids came in they negotiated the $50,000 lower price
by cutting out some of the gold plate on the pumping, and because of
that the city was losing 55% of the money the city saved the state and
ourselves at the same time. There didn't seem to be an incentive for a
community to try to use the dollars most effectively, because if you
save money, the state will take away 55% they gave you in the first
place.
The seond problem was the outfall line and that was when they increased
:he outfall line from 20" to 24" the State would not participate in
any of that. The above two items were the reasons for the reduction in
the grant amount. Commissioner Gulliford commented the City of Atlantic
Beach had expanded the size of the line because of our neighbors that
were participating in the outfall, and they should share in some portion
of that expense incurred to go to 24". Mr. Fellows said they were sharing
in the same amount they were sharing originally. We gave them written
notice when they recommended going to the 24" line that the City of
Atlantic Beach anticipated there would be no additional expense to the
city. It was pointed out we anticipated there would be no additional
expense, but unbeknowing to the city DER had come back with the reduced
grant. It was suggested we should find out how much of that represented
the increased 24" and bill the cities of Neptune and Jacksonville Beaches
their fair share. Mayor Howell reminded the Commission one other reason
we went along with the size of the line was there would be very good
savings in pumping costs. He agreed there was more of a percentage the
neighboring cities should pay than the City of Atlantic Beach.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 8:55 p.m.
/i
/ ' /
William S. Howell
Mayor/Presiding Officer
ATTEST:
fig
Adelaide R. Tucker
City Clerk