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09-01-89~,~ ~_.. . CITY OF ~Alaarlle 8tat/ - ~loslda 7MOCRAH NOULEVAaD -.O. a0X 3 ATLAMRC 1rACM, y1.0~Aatla9 TLIlr110NE 110~I Hiitbe September 2, 1989 To: The HonoreDle Meyor and Lity Coaslseionera From: Maureen Ring, CiCy Clerk Sub~eet: CHANGE OF MEETING TIME Th1e will eonflrm, the time of [he Speeial Neeting vhieh had previously been scheduled For 7:00 PN, Tuesday, Sep[embe[ 5, 1989, at City Hall, for the purpose of budge[ dlecuaeione, has been changed. The meeting has been rescheduled for 6600 !!1, 'hesday, September 5, 1989. 5 ~, ...w.. ~_ CITY OF r+1tla.Itce 8'eack - ~lauda ]I60CEAN BOULEVARD P. O. BO%TE ATLANTIC BEACN. FLORIDA 3T133 TELEPHONE 19011 R~9-2A96 Septewbar 21, 1989 HEBORANDUN To: The Honorable Mayor and City Cowwiaaion Frow: Th¢ Cowwunity Developwent Board Subject: Board Aetione and Recowsendations oS Septewbar 19, 1989 Your Cowwunity Developwent Board took the folloring actions at it's regular westing on Septewbar 19, 1989: • The board grantetl a variance of the fence regulations which allorw installation oS a 6'O• privacy fence along • front yard rhieh abuts the Atlantic Beach Eleweniary School. The house is located on Poinsettia Court near Novell Park. The ornery had requested perwiasion to inetwll en 8'O• fence. • The board granted a aide yard variance to Forler Inveaiwente Sor their property at 4CN1 Levy Road. The variance allora expansion of their Sscility in line rith the existing building rh1cA is located rithin 3'O• of the side property line. • Mewber, Dan Moltson questioned the validity of CM legal opinion issued regarding the issuance oS a Duilding perwlt for townhouses st Beach Avenue end 18th Street. The Chairwan celled a rorkshop seating rith the City Attorney Sor October 4th so that Mr. Arnold could explain his opinion. RespectSUlly Subwitted, ./Jn Rene' Anger^Y/ Recording Sec tar}~~ i i;,-.- CITY OF ATLANTIC BEACN CITY COMMISSION MEETING STAFF REPORT AOBMDA ITEMS SUlMITTED BYs Rsrne' Anp~» DATES 8~pt~s>d.r 21, 1%9 YACEOROUNDs Atta.aAW ~» tAe emotions of tM Co~atunity Dw~loptvnt Bwrd froze tDa•ir Sa.pttndaa.r 19tH swtinp. Suba.ittod for tA~ Cowiuion'• infor~~tion. No a,alion i~ n~a~~~~ry. RECOMNEMDATIOMs n/• ATTACNMEMTSs Mea•or~ndus. To City Conipion Ewrd Aationa. endJ ~cwwnda.tiona. of Snpt. 19, 1%9 REYIEIIED EY CITY MANAGERS ___a(Bq__KL=_A'~~Ml~ _____________ AGENDA ITEM MO. ^ ..v.,_. CITY OF ATLANTIC BEACN CITY COMHI SSION MEETING STAFF REPORT AGENDA ITEM: Selection of Committee [o review Engineering Firms quallfitations re: Wascevacer Treatment Plan[ ImFrovemencs. SUBMITTED BY: KIM D. LEINBACN, CITY MANAGER DATE: SEPTEMBER 22, 1989 BACKGROUND: Several months ago the City of At lan[ic Beach received proposals from engineers firms to ac[ as consultant for consolidation of the Atlantic Beach and Buccaneer Wastewater Treatment Plants. Accordingly, ve are suggesting the formation of a committee to review the credentials of the potential firms, reduce [he same to fever number, interview the same and recommend one for the project noted - as required by the Compeclt ive Negotiation Act. The fol loving individuals are recommended for your consideration: - Commission representative (with due respect, I believe Commissioner Edwards has served in this capacity as the project relates to Public Works activ ites) d - Aclantic Beach WWTP Division Chief - Buccaneer WWTP Division Chief - Finance Director Harry Royal - Public Services Director Don Ford - CSCy Manager Kim Leinbach RECOMMENDATION: Assignment of above noted individuals to review and recommend engineering firm to serve as consu lcant for consol idacion of Aclantic Beach and Buccaneer Waste Water Treatment Plants. ATTACHMENTS: None AGENDA ITEM N0. 8A Scott ,~um~ing C~oinpan~ 9nc. 5170 SUNBEAM ROAD ~ JACKSONVILLE, FLORIDA 32257190n1 2858.909 Septelrber 14, 1989 Gee s Jenson, Inc. 4651 Salisbury Rd. Suite 360 Jacksonville, FL 32216-6187 A1T@TTION: ANDY :MY RE: JACKING SERVICE LI[tE5 U[IDER PAYED STREETS @ ATLANTIC BEACH W.W.T.P. / 987-560 Dear Andy. As per out conversation. Swtt Plumbing is proposing an alternate method of installation of the eater service lines under the paved streets in this project. Our added cost for this method would be $150.00 for each service jacked in place. Z have estimated seventy-seven (77) services that can be installed using this method. As you know, there could possibly be some services that cannot be jacked in place due to existing mrditions beyond our control. A'y services that caruiot be jacked would be installed ae per the ocigi~l proposal and at the origi~l bid prices. Also, there could possibly be unknown objects underneath the streets that mould prevent us from completing the jacking process. In such a case, ve wind pcobley be required to open cut the street at that point ro remove the object or place the service piping arou(d it. In either case. ve would request payment for the street repair at the original bid price. I would like to thank you for considering this method, as I believe it mould be advantageous to the City Of Atlantic Beac2i, and Scott Plumbing Camparry• I am proposing a bid item to cover this charge. "Jack eater services under streets in lien of open cut.° Sincerely'' ~K`]g~~ /~~ ~o V Phil Teachey CHANCE OR OER Np. 1 coNTww<r No I °"` q/]5/ev I ~~~•-• • Uuval 87-560 City of Atlantic Beach ater Main Replacement coNrRACrow Scott Plumbing Conp any, Inc., 5130 Sunbeam Road, Jacksm vil le, Florida 322.7 THE EOLlOW1NG MANGp IN TIE PLNK ANp/OR 4'ECI iIE ATIWS POR 1NE ABOVE OEY_RIREO PROJECT ARE HEREBY MAI 1. Jack 1-1/2" schedule 40 PVC service lines under paved road, curb and gutter using Ditch Witch "Rod Pusher" equipment, or approved equivalent, in lieu of open cutting asphalt and curb. rnce initiated, Contractor shall I>e wholly responsihle for operations and results. My excavation, cr asphalt or curb removal and replar.DRpnt (R 6 R) required to complete or correct the service installation subsequent to initiation of jacking operation shall be at no cos[ to the City, except for buried obstructions that were unlocat ab le prior to jacking. Contractor expressly wide rstands that asphalt and each R 6 R quan[it ies originally estimated in the Rid Form will be reduced, and waives any claim for profit lost ny installation of less than the awarded 9uan [i ti es. ES TIM ATEO CHANGES IN OUAN TITIES Oi PAY ITEMS ITEM UNIT O[CRE ASES INCREASES NO ITEM pESC RIP TION UNIT pRIEE OUNITTY AMOUNT OUIWTIY AMOUI 1 Jack 1-1/2" Schedule 40 EA 5150 77 511,550. PVC Service Lines ~ NET AMOUNT Oi CHANGE THIS CH AIIGE ORDER- f f AGGR[GATE. AMOUNT OE PREVIOVS CHARGE ORDE RS S S N j AGGRCG II 'f: w,.,O VN! Oi ALL CHANGE ONDE wS TO GATE. f f 11,5SB. A A M P L S T DAT w 100 2.2 1 1 OwIGINwI CONTRACT wMOUNT J /'~ / / !/ SIG NC O' (Q~fJ ~~/" SIG NE O: f/ GEE 6 JENS ON, ENGINEERS- P.C III TF.C TS-P(./w HERS, IN[. c Nrw escrow j UISiRIBV TIUN: GEE 6 JF,N S'Bl SIGI:ED: COOTPhCT)R U'dNER D'dNF. R. ~I S`- ~' n GEE BJENSON Sept ewbrr 21, (9B9 Ey~.wers _. ;e.25- ~~TMSMr. Don Ford Director of Public Servicrf City of atlantic Brash Post Office Drawer 23 Atlantic Beach, Florida 32233 Re: Change Order No. 1 Water Maln Rlplaceaent GkS Prof act No. 87-360 Atlantic Brach, F1oN da Dear Mr. Ford: 4ttac hid are six 161 copfes of Change Order Np. L to the construction contract between the City and Scott Pluabing Cowpony, Inc. This change order is in the aaount of !11,330.00 to replace 77 water services by jacking thew untlrr the road in lieu of open-cutting the asphalt and curb. Although this will contractually increase the total contract aapunt, it is actually for an alternate construction wetnod. Ne arttlcipate D.44 cpnatructing apprpxiwately !20,000 of asphalt antl curb removal and replacefent work should Cpwaission approve this cnange order. The City should actually finish the project with a net savings pf approzfwately (8,000. Additfonally, the nuwber pf pavewent patches required fn the Royal Palos subdivision will be trewandously reduced. We would appreciate you carrying this cnange order to the Cowwfssfon at tneir earliest regular weeting. Upon Coww/scion epProval, please have •ach Copy ezacuted with an original signature, and return five (31 copfes to our afH ce. Wr request a tlwely review by the City sp that the construction schedule »fll not be negatively iwpacied. IS ybu have any qurftlons concerning this iranswittal, or if I way provide any additional lnf .lrwatfon, pieafe dq not hesitate to cell. Sinc rrely, And./MaY }' P.E• Pr of act Manager ARM/ cc: Mr. K1• Lrfnbach, w/encl. ase- G ~_ .. .- •. .i a~; .'~~ro 3f". - .o;. ~a r.. ~n ~22555'~'. .. ~.M RESOLUTION NO. 89-45 A RESOLUTION ADOPTING AN OPERATING BUDGET POR THE CITY OP ATLANTIC BEACH, PIDRIDA, POR THE PI SCAL YEAR BEGINNING OCT080t 1, 1989, AND ENDING SEPTEMBER 30, 1990 BE IT P.ESOLVED BY THE CITY C011M1SS10N OF THE CITY OF ATL,L\T1C BE:YCH, FLORIDA: Section 1. That the attached budge[, incorporated and adopted herein and made a par[ hereof as Exhibit A, be and i[ is hereby adopted and approved by [he City Commission of the Ci q• of Atlantis Beach, Florlda, as [he budge[ for [he City of Atlantic Beach Eor Che fiscal year 1989/90. Section 2. That an ad valorem [ax of 52.5901 per thousand dollar valuation on all real property be levied within the corpo race limits of the City, provided however, [hat said Cax shall no[ be levied upon property in the Ci[y of Atlantic Beach claimed and alioved as homestead under the General Lavs of the S[a[e of Florida. Set tion 3. iha[ a Cax of 5.1069 per thousand dollar valuation be levied on all real and personal properly within the corporate limits of the City of Atlantic Beach including homesteads, and the funds raised therefrom used [o pay interest and principal on general obligac ion bonds maturing during [he fiscal year, such Levy [n be rollec[ed in cash and kept in separate attounts fot [he purposes designed in [he bond indenture. Section 4. This resolution is proposed, considered and adopted under the provisions of Chapter 166 and 200.065, Flnrida S[a[utes. # # # # # # 4 # # # # # # Adopted by [he City Commission this day of 1969 Nilliam I. Gull iford Mayor/Presiding Officer Approved as to form and correctness: Stephen Stratford Interim City Attorney A T 7 E S is Maureen King, City Clerk rl b_ Y :~._ ~ RESOLUTION ND. 89-66 A RESOLUTION SETTING THE MI LLACE RATE TO BF. LEVIED ON ALL REAL ANU PERSONAL PROPERTY YITHIN 7HE CORPORATE LIMITS OF 7WE CITY OP ATLANTIC BEACH POR PISCAL YEAR 1989/90. WNEAEAS, [he governing body of the City of Atlantic Beach has held a public hearing on [he tentative budget and proposed millage rate, and WHEREAS, Chapter 200.065, Florida Statutes, requires at the public hearing to finalize the budget, [he governing authority must adopt a separate resolution stating [he millage rate [o be levied. - NOW, THEREFORE, BE IT RESOLVED by the Cicy Commission of the City of A[lantlc Beach, Florida, as follows: Section 1. An ad valorem millage rate of $2.5901 per E1,000.00 value is hereby authorized [o be levied on all real and personal property vi [h in the corporate limits of the Ctty of Atlantis Beach, provided, however, [hat said millage shall not be levied upon property claimed and allowed as homestead under [he General Lavs of the Sc ace of Florida. The mtllage is 74.25 greater Chan [he rolled back rate. Section 2. iha[ a millage race of 5.1069 per 51,000.00 valuation be levied on all real and personal property within the ' corporate limits of [he City of Atlantic Beach inc ludirg homesteads, Eor '. the purposes of paying interest and principal on General 0611 gation Bonds. Section 3. This Resolution is Proposed, considered and adopted under the provisions of Chapter 166 and 200.065, Florida S[atu[es. # f # # # # k # k # k k Adopted by the City Comm isafon [his day of 19B9. William L Culliford Mayor/Presiding Officer Approved as Co form and correctness: Stephen Stratford In[eTim City Attorney A T T E S T: ~ Maureen King, City Clerk ~y CITY OF rQtla+rtie ~eaek - ~latida I September 20, 1989 vls ocenN BovLevARD P. O. BO%26 ATLANTIC BEACH. FL09IDA 3YG33 TELEPHONE IaMI2t?2996 TO: Kim Le inbach, City Manager ,n FROM: Rose Blanchard, Parks b Recreation Director /t,-7,V/t/~ RE: Confirmation of Recreation Advisozy Board memhe rs f' i_ The following names are being submitted [o yourself and the City Commission, for confirmation as new members of the RECREP.TION ADVISORY BOARD, effective October 1, 1989: DONALD FAGAN 2021 Vela Norce Circle Atlantic Beach ROH SUl44ERS 348 Aquatic Drive Atlantic Beath In addition, I have requested CERARD VERMEY AND DAVID TOR.NER to extend [heir tenure on Che Board, as they are valuable to the Board and had no[ had [he opportunity [o serve fully, due [o the low profile of the Board, in the past. They have graciously accepted, and I present them also, for conf irma[ion. CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Requesc for confirmation of Proposed Hembers co serve on the Recreation Advisory Board of the Ci[y of Atlantic Beach. SUBMITTED BY: / Kim D. Leinbach, City Manager ( ~ o~ DATE: September 22, 1989 , BACKGROUND: Parks and Recreation Director Rose Blanchard has contacted citizens as prospective members [o serve on the Atlantic Beach Recreation Advisory Board. The following ate submitted for your consideration [o serve: - .Donald Fagan, 2021 Vela Norte Circle .~~~, - ~ Ron Summera, 348 Aquatic Drive Additionally, Hrs. Blanchard has recommended the ~' following [o extend their tenure on the board: - Gerald Ve rmey ~ ,~ ~ ', - ,David Turner - - RECOMlffNDATION: Confirmation of the above noted citizens to serve or. the Ci[y of Atlantic Beach Recreation Advisory '. Board. ATTACFD[ENTS: Memorandum dated September 20, 1989 from Rase Blanchard [o Kim Leinbach re: confirmation of Recreation Advisory Board Members. REVIEI7ED BY CITY MANAGER: AGENDA ITEM NO: 5 ~5 a' 717.G305 1988 SUif+LEMEHi i0 FLORIDA S7ATUTE3 1981 a 7120305 de a. As cohteral, Pled9ad, err ryYpWllxete0 far o ' Of t seum6, a autlitaiums, antl may Oe used to acquve and xta ap310lIZld ~, Iftia p &led n ~~~"^""`~'^J DOnds rs' COrlalruCl an InlelCdy IIgDI tart IranSpJ(tatgn Sy51¢m as LOrwleclien IAerewiN; a :. ~ ~ a. ^~ ~ , b ~ ..... de6CObetl in iM Lignl Rail TrdOSI System Status Re witA a aca0rlal oont/ibuliorl ~ conunction to the Legislature tlatetl April 1988, wnx;h sna11 pow~tle Parln¢r51Yp. lOln1 VBr11Ur¢ Or Olh¢! businB56 a 'e , /- rarlgenlerrt between the coon and a means to Iransporl persons to aM Irom the largest ex- N oils or mere busi- isling publicly owned conventgn class t titi f ^ I en es or projects eutMdzetl by Iryis paragraph S. a. The county may tlesignale w appoint an aultgri cen er m the county . antl the hotels rgrtn of the convention center and to and ~ t- i ry to atlminister and tlrsburse such proceeds arld an Irom ins tlowntown area of the most populous munici~ ll i y n the county as tlelermmetl by the county. oltrer reldtetl source of revenue. However Ih¢ annual pa tl d I , . Alter completwn of any protect under sub- bWget of such authority shall be subject to 0 oval of PP/ s the governing poly of ilia counly..:~ ,:.- subparagraph ^, Ine lax revenues and interest accrued ' b. Except as otherwise provitletl by law one hat/ of under sub-subparagraph b. may be usetl to acquire, / , the proceeds of the fez which is cdlemetl witmin a mu nisi alit the veroment of which is t P Y ~ cOnslNd, exterW, enlarge, mmotl¢I, r¢part, improve, OP erate,wmaintain one or more conventon centers slatli- no consolidated w'ilh that of the county shall, al the request of the gov- . ums, exhibition halls, ar¢na6, coLSeums, w autlitonums i i n r n'n9 bat; o/ the municipality, be remitted to the mu~ n the most populous municipality in the county as deler- l c pall y. h¢ revenue r¢mdletl to a municipality pursu~ ant to Isis sup-subparagraph may be used by the mu- mrnetl by the county. e. Fw the ur P poses of completon of any project niwpatiq only for the purposes antl in Ine manner Pursuant to This paragraph, tax revenues antl interest aulhaizetl in This paragraph, but the municpality ma accruetl may be usetl: enter into an mlenocalagreem¢nt witD lne countywany (q As collateral, pledged,whypothecaletl for proj~ other municipality in the county to use such revenue to ails aumorized by Ihis paragraph, mdutlmg DorMS is~ I pinny hnarx;e any prged autlwrized b Ibis Y paragraph. suetl in connection therewith: or The provisbns of Ihis sub-subparagraph do not appty (Iq Asa Pled eorw trot contr. 9 p Dutton in conjunction fOtbe dislributign lO itle COUOty 0l any CalveOlbn tleV¢I- wilhaParlOership,jdOtV¢n1uR.OrOlhera16inessar- opment laz revenues necessary to repay ilia pnnwpal of a Iba interest on any bonds issued pursuant to sub- rangement between a muncipaliy antl one or nwre business enppes for protects aulhonzed by Ihis ara~ subparagraph 4.a. before May 29, 1989. p 9raPh. 6. The consolitlated county convention tlevebp~ 3. The governing botly of each municipality in ment tax shall be in adpition to any other levy imposed which a municipal Iounsl tax is levied may atlopt a reso- Wrsuanl to this s¢dia1. 7. Revenues cdleded arM retwnetl to the county futon prohibiting imposdion of ins charter county con. venlgn tlevelopment Levy within such municipally. II the shall be tlepositetl in a convention devebpmenl trust /unQ wnioh shall be established by IhE county as actin- governing body adopts such a resolution, the conven- iron tlevelopmenl lery shall be imppsetl Dy the count tlilgn precetl¢nl to receipt of such lUMS. y in all other areas of the county except such mumapality. (b) Charte/CWnfy levy /O/Convention tlevelOpmeOf No luntls Co1leCtetl pursuant to Ihis paragraph may be 1. Each county, az tlelin¢tl in s. 126.011(1), may im- exp¢ntled in a municipality which has adopted such a pou, pursuant to an ortlirianc¢ enacted Cy the govern- rewlution. - mgbody of the county, a levy on the exercise within its b 4. Bettye the county enacts an ordinance imposing ountlaries o1 the taxable privilege of leasing a letting the levy, me county shall notify the guiernmg body of transient rental accornmodatwns tleswibetl in subset ibn(3)al the rate of3percent of the total itl soon municipality in wh¢h prgecis are to be developed ursuant t cons eralion cnargetl thereto. The proceetls of Ihis levy shall be p o sub-subparagraph 2a. or sub- subparagraph 2 b. Tne governing Dooies of such munici~ known az the tharler county Convention tlevebpment laz polities shall tlesignate or appanl an authority That stall ' - - - --' ~ 2. All charter county conventon dove ~ have the SOIe ppwer l0 approve th¢ Cpq¢ I, ram, and deli n of the facilities w i P bcauai, r ey6, indutling any interest accrued IMreon, r ec¢rv¢d Iry a county imposing the levy snag be used as Idb be built in accortlance with this paragraph a nd to atlmin ist tl di ws: a. Two-thirds o/ the praceetls slWl be used io ez~ er an stwrse such proceeds antl any other related source of revenue. The members of each such aull ril tenQ enlarge, erM improve the largest existing pudicty ownetlconventioncenter in ilia county ro y shall be selected Irom me IOUnsm antl besglality rtMUS- t th t tl .:.. _ ' b. One-hard of Ibe proceeds shall be usetl to con l l ry a oes business within such muniapa6ly era slWl serve al Inc pleasure of the governing botly of such mu- ruc s anew multipurpose convention/coliseum/ exniatbn Center/slatlmm a the maxim niuPalify. The annual budget nl such auttwrily shall be um comporl¢nIS thereofasfurvdspermitmlhemostpopubusmunicipali~ subled to approval0l the governing body of Ine mun~ti- polity. ty in the ceunlY. :. , ~ ,_,. ... c. Alter the completion of any propel ualer sub- 3. Tne snarler county conventim devebpmenl levy shalt be in adtlnron to any other lev im d wbparagraph a., Ine tax revenues arq interest accrued y pose Wrsuant to Ihis seclgn untler sub-subparagraph a. may be usetl to acquire, construct, extend, enlarge remodel re air i . 6. A certified copy of the wtlmance imposing the l , . p , mprove. plan tor, operate. rrwwge a maintarn one a more evy shall De lurnishetl Dy the wunly to the department h , Con. vention centers, statlmms, exhialgn halls, arenas. soli wit in 10 tlays after approval OI such ordinance The ¢b retina dateohmppsngn of the levy shallbethe first da y Sao • 257 __-. p..212.0309 _ _ 1999 SUPPLEMENT TO FLORIDA STATUTES 1997_ e. 212.0305 (b) The tax mall be cnarycd by lee person r¢ce:cmg the considmahon for me lease or rental antl the Ian shall he COIICCIed Iron Tne lesser, ifnant, or customer al Itle Ln;f OI pat mEni 41 mC- COO ^.:dira LOn IOr 5Ui!1 C25f G! rental. (c) Trio person recei.my the consideration t4r such rental or lease shell recc re. account tor, antl renal Ine Ida to the department al Ine Lm4 and m the manner pro videtl Ter persons who collect a0tl remd laves under 5 212 i)3 the same tluLes anU pn4ileges rrnposetl by this part upon dealers m lang~.ble property respecting mo collection and remission of tax hie making of r¢[mns, the keeping of hooks. rttorUS, and acc4unls. antl com- p!ience wnh the roles of lirr tlepatlrnenl m Ine atlmmrs- IraLO(10l this pan apply to antl are bmdo-.g upn all per- sons was arc sublecl to 1hC proasions of Ines sec!ion However the depot Unenl may aulhonm a quartery re Turn end paYrnenl whin t1w tan remittetl try the tlealer for the precetl;ng quaver tl~U not enceeU 525 (tl) The department shall keep recoeds snowing the amount Ot IarCS cOIlCdfd. whzn records shall d6close the taxes collected Imm eacl: county in when a local government resort tax is levied Nolwithstantlmg s 115 14, these records shall lr suhlecl to the provsons of s 213053 antl are e.empl Irom Ine reymremnnls 01 s 11907(1) Ths exemption is Buhl¢c11oR'eOpenGO+- ernmenl Sunset Revie++ Acl m acc4rdd!!ce with s. 119 14 (e) The coflechons recervetl b7 lee bepadment from the lax, less costs of admirnshalion, shall bC pa~~tl and relurnftl monthly 10 Ne county which impo5e0 ;hf lax, for use by the counl7 a5 provided In This sfcLOn Such rece;pls shall he placed in a s(mcJic Irusl land or funtls crealM b/ the county. (f) The tleparlrnent shall promulyalf sucn rules antl shall prCSCnFM aptl pVh6h such lolnl5 as maj DC ItCLCS' sary I4 ellectuate the purposes of m5 section. Tne tle- partmenl is authorized to eslebtish audit procetlures and to assess for deLnqufnl taxes. (yt Tne tlepadnieol, untlr appbcable rules of the °Carecr Servicf Commission, Is authorized to emp;ay persons antl incur other expenses for which funtls are appropnatrJ by Tnf Legislature (ni The eslimat¢d lax prom5ions con;ainfd in s. 212 11(1) UO riot apply t0 the admmi5haliOn 4t any fax ICViCd IlndCr It1i5 seClrOn - '(i) AOy pCrSnn laxatlf Or{tlCl Ihs sCa:On who. er (her by himsell or Ihrouqh Ms agents or employees. tails or relates to charge anA collect IPe tares herein prcvitl~ ed from Ine person paymy any rental or Ifase rs. in adtlr lion t0 riling pfrsonaily LabiC for mf payment Of Ine lax. gmlD/ 4l a mistlemednor of the hrsl Ueyref, punishable as provided ins 775692. s ]751763. or •s 775 Ofi4. °01 No person shall advertise 4r holtl out to lhn pub Lc in arty manner, duecll/ or mdrteclly. Inal he will ab- 5orh aC 4r nny pvl nl thf tax Thal hC wiA reimve the pfa Son papnq the rental of Inc payment of ail or an/ part of Ihl tax- or that Ihf lax vnll not M adtl¢d l0 1he rental or Teas^_ con4tlerahon or, it ad-Jer1. trial Rtf lax 4r any part Ihereol wit; be rcluntlftl or relusetl, e:Rrfr tl«ecl'ry or indur_clly. by any method wnatsoc-+er Any person who willluily violates any provrs~.on of this paragraph is Gudp~ of a madem¢anor of the nrsl degree. punishable as pmaded in s. 775022, s ]]5'i63 or 's 775 CPA (kl Ine tax sna!I constfole a t.¢n on Ine property of the lessee, customer, ur tenant m the same manner as. and stiali pe coaechi:le as are, liens autncnzetl antl im posed b/ ss 713 67 71369. antl 713 69 (IJ Any lax 1¢vieU pursuant t0 Ihs sech4n mall De in aJtl~.heu to a-iy other tax impSeU p:esuant to the part and in atltlihon m as ciher tares antl teas antl the con- s;deralion IOr the renal or lease (mJ The department span adrnmrster Ine lanes levietl nerem as increases in Rte rate of Ine tax autnor¢¢n in s 126 i7 itl4 Tne department shall collect and eclorce me pro asrons 4t ms section ants 1260tC4mconlune- tion wRr each other m InoSC COUn:reS autnOnzCtl to levy the la:es mnnaized hereto The tlapatlment shall dis- Inbule live proceeds recei:etl born Ine taxes levied par scant to Ih~s section and s 125 01 W n proponi4n to Ine rates of the taxes aulnorrzetl to the appropna:¢ (rust lungs as prwitled b}' law In Ine evonl of untlerpaymenl of the I4tal arcounl due by a Ia.payer pursuant 1o Nis section antl s. 125 0104, tnf Ufpertmenl mall d'slnhule Iho amount reG¢ived m propdion to lire tales of (ne lax es aulhouzOd to Ine appropriate Irusl funtls as prowtletl bylaw antl the penalties and interest due On Mlh of said taxes shall be applicable (41 AUiHORIZA7ICN TO LEVY; USE OF pq0. CEEDS, OTHER REOUIRER!EN IS - (a) Consobdafed government levy Iw convention tle.elopmenL- - 1. Each county wnlcn operates under a go+erm merit consolidated w~!n that of onf or mope munlcipali- hes in Ihf county may imp se-pwsuapt to an ordinance enacted b/ the governing trxl y of the county, a levy en the exorcist wiltun its Doundar.¢5 41 trio laxahle puvi- lege of leasing or Telling Vafisicnt renal accomnioda- hons described m subseclen 13) at Rw tale ol2 percent 4f each dollar and mater (racoon of each dollar of Ih¢ 1o- tai c4nsdfration chargfd In¢relor. IDe proceeds of This lery shall De Mnown as me con54ptlaletl county con+¢n- bon de+eiopmenl lax. 2. A ce:hhod cop/ of me ordinance imposng the lery stall De turmsned'oy 0f co'a^.by to the tleparlmenl withn 10 days alter approval o; sucn ordinance The et- lechve tlate of rmpesihen olthe levy shall M Ihf Let day o! any monln when is al (Gast W days at1a enactment of Ine ortlmance 3 All consdidaled county convention tleveiopmenl moneys. including any interest arcruetl Inereon, re- ceivetl Dy a county imposing the !ery shall be usetl as lollows: a. To exleM,en!arge. and improve existing publiGy ownEd COnV¢nh0!1 LPntNa in tn? cWniy; b. To construct a multipurpose convention/ caiseomj¢xhrbllioneenter or Ine maximum comporenls (hereof as IuMs permit in the county; antl a To acquire. wnstmcl. exlerW, enlarge, remodel, repaa, improve. or maimain one or more conventon cerv lets, stadmms, exnAilbn halls. arenas, waseums, a au- d;lonums. ' 4 For the purposes of comd¢tgn of any protect pursuant Io Inrs paragraph, tax revenues and interest accrued may be used: r, ~ - 256 CITY OF 14klartie $P.~telr - ~loscila Pl60CEAN BOULEVARD ~____ _. P. O. BOX 26 ATLANTIC BEACH,PWHIDA92R93 ~~ ~~,w TELEPHONE19 011 219-Zi96 i September 22, 1989 To: Kim Leinbach, City Manager From: Harry Royal, Finance Director Re: Agenda Item t 4A I A[ [he present time the city has accumulated $)43,783 in Convention Development Tax Funds. Section 212.0305 (4) (a) 3. governs [he purposes , for which such funds can be used (copy attached). As you can see, the uses described are very limited and somewhat vague. However, it does no[ appear chat a donation to the American Lighthouse Hiscor ical Society meets [he criteria se[ Form in the statues. I recommend chat we seek advise as to [he legality of whatever project [he city might choose to fund with the Convention Development Tax fund prior to committing or authorizing [he use of these funds. I am also ! currently trying [o determine whether [he state or any other agency has issued any guidelines or opinions regarding these funds. FORM OF CONSEN'P The undersigned, CITY OF ATLANTIC BEACH, FLORIDA, hereby consent to the acquisition and transfer of all the direct and indirect equities of Rifkin/Jacksonville Associates Ltd., a limited partnership organized under the lav of the State of Florida, ("Seller/Transferor") by Continental Cabl evision of Jacksonville, Inc. a corporation, and to tt.e subsequent transfer or any other partnership or corporation controlled by Continental Cablevision of Jacksonville, Inc. (said corporation and any such subsequent transferee hereinafter called "Transferee"), of the non-exclusive franchise ("Franchise"): and further con::en t:: to the acquisition/tr an:;ter of the Franchise in trust, to mortgage, pledge or hypothecate the Franchise, or to the grant of a security interest in the Franchise to secure indebtedness or obligations owed or which may hereafter be incurred by the Transferee with respect to which a security inte[est is granted to a secured party (the "Secured Party") in all or substantially all of the assets of the Transferee, anal to the exercise by the Secured Party cf its. ri 9ht r. as a secured party in and to the Franchise in the event of a default by the Transferee in the performance of its indebtedness or obligations secured thereby. The undersigned agrees to ac rcpt performance of the Transferee's obligations under the Franchise by the Secured ~. Party. Nothing contained herein sha:l constitute a waiver of any rights of the undersigned to approve any further transfer or assignment of the Franchise by the Secured Party. The undersigned hereby confirms that the Transferor is the party named in the i s Franchise and that the Franchise is in full force and effect and the Transferor is in compliance with the Franchise. I Dated this_____ day of Ort Ober, 1953. CITY OF ATfANTIC ffi?A CH ^y: It. Mayor ,~_ c~ (~! r Introduced by: _ __ __._____ ~ ~ 1st Reading: -. 9x25-89 __ ___ \1 / 2nd Reading: __._ ,- __ _.. ORDINANCE NO. 40-89-16 AN ORDINANCE AMENDING SECTION _3__ OF ORDINANCE NO. 40 79-9. OF ATLANTIC BEACfI, FLORIDA, GRANTING HON~-EXCLUSIVE FRANCIII SE TO COX CABLE OF JACKSONVILLE BEACHES, INC., AND WHEREBY ORDINANCE NO. 40-85-13 OF ATLANTIC BEACH, FLORIDA DID APPROVE THE TRANSFER OF THE NON-EXCLUSIVE FRANCHISE TO RIFKIN/JACKSONVILLE ASSOCIATES, LTD.. AND WHEREBY ORDNANCE NO._40-89-16_.,__., WILL AUTHORIZE THE ACQUISITION AND CONSEQUENT TRANSFER OF A[.L TH F. DIRECT AND INDIRECT EQUITY INTERESTS IN RIFAIN/JACKSONVILLE ASSOCIATES, LTD. BY CONTINENTAL CADLEVISION OF JACKSONVILLE INC., AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF ATLANTIC BEACH AS FOLLOWS: SECTION 1. Section 3 of Ordinance No. 40-79-9 be amended as follows: Section 3 - Grant of Franchise The franchise granted to Cox Cable of Jacksonville Beach, Inc. and transferred to Rifkin/Jacksonville Associate::. Ltd. a Florida limited partnership is hereby transferred by means of acquisition of all the direct and indirect equity interests of P.if kin/Jacksonville Associates Ltd. by Continental Cablevi si on of Jacksonville, inc., and to the subsequent transfer to any othF~r partnership or corporation controlled by Continental Cablevision of Jacksonville, Inc. upon the same terms and conditions imposed by ordinances of the City shall be applicable to the transf err•e. Section 2. The proper city officials are authorized to sign on behalf of the City such further consents as may be requested to implement this Ordinance including the form of consent attached hereto and by reference made a part hereof. Section 3. ~ This ordinance shall take effect. upon its passage and publication as required by law. AUTIIENTICATED THIS ____ Day of October, 1989. Willian I. Gullif ord, Mayor City Cler'r. ~~ 1H.<-_-. ~~ MINUTES OF THF. BUDGET NEF7INC OP 7HE ATI.ANiIC BEACN CITY COlMISSIOli BBLD A7 C[TY HALL ON MONDAY, SEPT@mER ll, 1989 the meeting vas called [o order a[ 8:55 PM by Mayor Gu ll iford. Present in addition to [he Mayor, rere Commissioners Cook, Edrards. Jensen and Tucker. Also present ve re City Manager Lefnbach, FLnance Director Royal and Cfty Clerk King. Mayor Cull iford said [he ner budge[ figures submitted by Harry Royal reflected an endl ng balance of 570,474. In consideration of Chis [he proposed millage could be reduced from 2.8064 [0 2.5901, representing a mf ll age increase of 1.0337 over last fiscal year. Commisaimer Bdrards moved to se[ the millage rate a[ 2.5901. The motion rm seeomded by Ca~ieaiomer 7ueker and rm umnimously approved. The mayor reyues[ed the various fees charged by Che city be rev iered and a recommended fee schedule, including suggested charges for recrea[Sonal activities, be presented to [he City Commission for [heir rev iev. He said cons ideratlon could also be given to the introduction of a utf Lity [ax on eater and sever. There being no further discussion, the Mayor declared the meeting adJ ou: ned at 9:05 PH. Mil liam I. Gulliford Mayor/Presiding Officer ATTEST: Maureen King, Cfty Clerk once seveN MINUTES SEPTEMBER ll, 1989 NAME OF COMMAS. M I S ~ ~ ~ v Y N i'be City Mamager oleo reported [he World Class Aquatic Center committee had met and the city's fees had been drawn and ve re being reviewed by committee members. Requests for proposals will be coordinated through Atlantic Beach and are expected in approximately th ir[y days. Co~Eeaioner Cook read a prepared statement in reference [o [he special meeting of August 71, 1989 relative [o [he Kredell construe Cion project at Eighteenth S[ree[ and Beach Avenue. Commissioner Cook vas responding to a statement made by Mayor Gulliford at [he previous meeting. A copy of Commissioner Cook's statement is attached and made a part hereof. In response [o Cov®Issioner Cook's statement Hayor Cu lliford said while he recognized [he final resolution of [he Guestf on rested with [he Ci[y !tanager, he felt Sn view of the fact we had a new City Manager who had been cast into a very difficult situation because he lacked background information on what had transpired prior to his coming, he Ee It this meeting would provide chat background information and also give others an opportunity to speak. Mayor Gulliford reported he had written and had received a response [o Mr. eris[ol of the Sea iurt le relative [o [he neon light. The result had been that the light had been turned off on [he north side of the building and he did not feel this would satisfy the other citizens in that area or Greenpeace. The Hayor said he would cool act Mr. Bristol again to see if a further compromise could be reached. Theta being no further business to tome before [he Commission, [he Mayor declared the meeting adjourned at 8:45 PH. i Nil lfam I. Gulliford i Mayor/Presiding Officer A T T E S T: Maureen King, City Clerk I ~ PAGE SI% I V I V MINUSES NAME OF SEPTEMBER l 1, 1989 COMMMS. M~ S Y N for recycling of the voter. Engineer Andy May responded toot he felt this would be extremely technical and cumbersome for [he city Co administer. He felt the major benefit for the reclaiming unit would be the lower cost of water, Chus resulting in a higher profit margin. She Ci[y Manager agreed with Mr. May and said he did no[ know what kind of revision would have [0 6e made [o the city's meter reading system [o handle [he recycling. There being no further commencs from the audience, [he Mayor declared the public hearing closed. Notion: Approve passage of Ordinance No. 80-89-42 on Final reading Mayor Gull iford said he agreed with Mr. May that [he recycling would be difficult to monitor. He said [hat as water coscs increase there would be a financial incentive for businesses [o minimize the amount of wafer used. The question vas called and the motion carried unanimously. 9. City Naoager Repor[e and/or eorrespoadence: A. Report coneerning Roberta Mt. Pisgah Church The CI[y Manager reported he had met with Rev. Kennerley and had agreed on a figure of 512,000 net. However, research of [he property indicated [hat a 30-foot strip of property fronting on Levy Road belonged [o Mr. Long and no[ the church as had previously been indicated. Mr. Long would be willing [o sell Chis strip of property [o [he city for a net cos[ to him of SI,000. It vas [he City Manager's recommendation a plan for the use o[ [he additional property be developed and [hat the amount offered to Mt. Pisgah Church be reduced by [he cos[ of acquiring Mr. Longs property. Commissioner Jensen said he felt a survey and title search should be undertaken before an agreement would be made co purchase. Ne also expressed some concern about [he clause which the church had requested [ha[ in the event the land ceased co be used for a park, it would revert back to [he church. Mayor Gulliford also expressed concerns about Chat Clause, citing [hat i[ could be restrictive to a future Commission and some discussion ensued relative to chat matter. Cozmissioner Cook said i[ would be helpful [o have a map illustrating the city property, [he Church property and Mr. Long s property. The City Nanager vas authorized to proceed with the survey and title search and to make Chia informa[Son available to Rev. Kennerley, and report back to the City Co®ission when he feels reedy [o proceed. Cook I ~x Edwards x ~ Iz Jenseo x z Tucker x Cull iford ~'a The Ci[y Namger reported he has requested John Dickinson to yr i[e on behalf of [he City requesting [he release of pension funds, and if the funds are no[ released, to explain under what statutes they are being held. PAGE FLVE MINOTES SEPTEMBER L1, 1989 Waster beautification and landscaping program. She said [he c ommi[[ee is also reviewing the city's sign ordinance and she invited members oC [he public to attend any of the committee meetings on the secnnJ wedne sday oC the month a[ 7:30 PM in City Nall. 7. Resolutions: A. Resolution No. 893 A RESOLUTION APPOINTING THE CLERKS, DEPUTIES, AND INSPECTORS POR TtlE CITY OF ATLANTIC BEACtl BIENNIAL ELECTION AND SETTING TNEIR COMPENSATION Mo[Son: Read Resolution by title only Xo discussion. The motion carried unanimously. Mayor Gulliford presented in full, in writing, Resolution No. 89-43 which he read by title only. Motion: Pass Resolution No. 89-43 \o discussion before the voce. The motion carried unanimously. B. Action on Ordinances: A. Ordinance No. 95-89-62 - Public Rearing AN ORDINANCE AMENDING 171E ORDINANCE CODE OP 71[E CITY OP ATLANTIC BEACR, FLORIDA; AMENDING CDAPTPJt 13, ARTICLE I, TO ADD SECTION I3-10, SAID SECTION MAKING I7 UNLAYPUL TO TARE Oe eENDVE THE CONTENTS OP SOLID NASTE RECYCLING BINS: PROVIDING PENALTIES; PROVIDING AN EFFECTIVE GATE Since no one wished to speak for or against the ordinance the Mayor declared the public hearing closed. Norton: Approve passage of Ordinance No. 95-89-62 \o discussion before [he vote. The motion tarried unanimously. B. Ordinance No. 80-89-42 - Public Dearing AN ORDINANCE AMENDING 1'tlE ORDINANCE CODE OP TDE CITY OP ATLANTIC BEACH, FIARIDA; A!lOIDING CDAPTER 22, UTILITIES, ARTICLE III, NASTEYATER SYSTEM, DIVISION 7, SEYER USER HA'YES AND CBABGES, SECTION 22-170, IlIPACT PEES; AND PROVIDING AN EFFECTIVE DATE )tayor Gulliford presented in full, in writing, Ordinance No. 80-89-4? on sec end and final reading. Said ordinance vas posted in accordance with Charter requirements. The Mayor opened the floor fer a public hearing and invited commer.[s from the audience. Janes Jaffa, 3491 Pall Mall Drive, Jac ksonvllle, asked whether a provision could be ir.c laded [o address reclaim, or partial reclaim NAME OF COMMAS. M S V Y V N Cook z : Edwards z Jensen z Tucker z a Gulliford z Cook z Eduard z : Jensen z Tucker z : Gulliford z Cook z Edrards : Jensen z z heker : z Gulliford z PACE FOOR NIN OTES SEPTEMBER 11, 1989 Further discussion ensued relative to enterprise funds and the res[rfctio ns regarding [heir use and [he necessity of building a new Ci[y Hall. Since no one else wished to speak on the matter of the budge[, the mayor declared [he public hearing closed. In response to the questions raised, Mayor Gulliford read a prepared statement explain inR [ha[ [he pas[ few years [he city had been able [o lower Che millage rate, but in view of [he demands placed on the Public Satety Department because of [he increasing drug activity and the growth in the city, it would be necessary [o increase personnel. He explained in [he pas[ year Atlantic Beach had lost about 25X of its police officers [o the City of Jacksonville and in order [o prevent further loss of personnel, i[ would be necessary [o increase salaries [o within 90S of the City of Jacksonville. Ne presented some figures vh ich demonstrated [ha[ the additional revenues needed Co fund the additional personnel in Public Safety was almost the exact amount of revenue vh lch would be generated by the increased property Cax. 6. Co~i[[ee Reports A. Co~iasioner Edwards, Chairsan of the Awards Coamittee with a report and reeoanenda[iona regarding bidding oo conatruc[ion of Sturdivant Street and repaving of existing streets Commissioner F.dwa rds reported Atlantic Coast Asphalt Company, the sole bidder, had met all requirements of the specif is ations in Bid \n. 8889-24, including SR bid bond. After a background investigation, Connelly d Wicker Engineers recommended [hat [he ci[}• award the contract [o Atlantic Asphalt Company in [he total of amount of 5186,508.00. Notion: Award con[racC for conatruc[ion of Sturdivaot Street and repaving of a:is[ing streets to Atlantic Coast Asphalt Company in the total saiount of :I80-508.00 The Mayor asked how [he streets for repaving were selected, and it vas generally felt the Commission should have an opportunity to review the proposed repaving schedule and make any additional recocm:enda[ions they felt appropriate. He suggested this be considered when drafting the five-year plan. The question vas called and the motion carried unanimously. At Chia tiwe Mayor Gulliford called on Jody Pord fora report o0 [he Beautification CoaaS [tee. Ms. Ford reported [he Beau[ iffca[fon Committee had been meeting Cor five months and had been working on three major areas. Application had been made for membership in [he Keep America Beau[Sful Program in connection with which [he committee plans to send three members to a training session, probably in Dctober. The committee has adopted a "Y'a rd of the Month" program. Ms. Ford reported on a -ee ti ng with landscape architects for [he purpose of developing a NAME OF COMMRS. M S V Y V N Cook x Edwards ~ >: Jenaea z Tucker s x Gulliford s ... PACE THREE: MINUTES SEPTEMBER ll, 1969 c acv should make a decision on how to proceed oath [he survey work as soon as possible. On [he matter of as se ssmen[s, he said a maximum figure of 53!.76 impacc fee fur vacer and sever had been es[ab lashed. He said a figure had noc been se[ for paving and drainage impact fees and i[ vas hts recommendation a figure of SI5.00. He suggested [he city move immediately to establish a starting date which should no[ be later Chao the dace the contract vas awarded, othervise, he felt contractors would apply Eor building permits early Co avoid having to pay the impact fee. Mayor Gull iford, requested the CiCy Manager draft an ordinance Co be pre sen[ed at [he next meeting. 4r. Howell indicated he had received about SOZ of [he necessary easements. Many of the properties had changed hands and a final letter would be mailed soon [o new property owners and [hose who had failed to respond. e. Discussion and related activities of Tresca property (Mayor Culliford) Mayor Gu lliEord asked Commissioner Jensen to report regarding the iresca property. Commissioner Jensen said he had discussed [his with Stephen Sc ratf ord some weeks ago and another appraisal of the property vas being sought. The mayor said it vas his feeling the C lty of Jacksonville had provided the Eunds specifically for the Section H property and a det is ion needed to be made on [his as soon as possible. He suggested [his be plated on [he agenda again for [he next regular meeting. C. Public hearing for [he purpose of considering the proposed 1989-90 budget for Atlantic Beach The proposed budget for [he CiCy of Atlantic Beach had been advertised as required by law. Hayor Gullf ford opened [he floor for a public hearing and Snv iced comments from [he audience. George Cummings, 395 Tve lE[h Street, said the Notice of Proposed iax he had ]ust received reflected a 90S increase. The Hayor said while [he proposed increase you ld be tons lderable, this did no[ appear [o be correct and said he would Look a[ Mr. Cummings' notice after [he meeting. (Upon examination after the meeting it vas apparent no allowance had been made for Homestead Exemption). Richard Handel, 1904 North Sherry Drive; Elizabeth Hightower, 340 Eighth Scree[; and Tom Stephens, 731 Begonia Street, said their \ot ices of Proposed tax also reflected close co 1005 increase. dlan Potter, 374 Second Scree[, said when he moved [o Atlantic Beach over thirty years ago the millage rate vas about b. mills and the proposed increase would bring [he torten[ millage [o ]us[ over _. mills. He felt [he millage rate today vas very reasonable. NAME OF COMMAS. M S Y Y V N PacE TuD NINUTES SEPTEMBER Il, 1989 objected to moving the stop sign a[ Eleventh St ree[ since the re_Idencs of Se lva Lakes use this intersection to go to [he beach and she felt a stop sign vas needed a[ that intersection. L[. Christman indicated [he Police Department is still Sn the process of doing a [raffle study in [ha[ area and vas no[ ready [o make recommendations a[ Chis time. 3. Proclamations: A. Atlantic Beach, Neptune Beach and Jaekaomille Beach jointly proclaiming September 17-23, 1989 as Cone[itutlon Neek Mayor Gulliford presented Sn full, in writing, a joint proclamation of the Cities of Neptune Beach, Jacksonville Beath and Atlantic Beach, proclaiming [he week of September 17-23, 1989 as "COnstituCion 6'e ek." B. Proclamation declaring November 19-25, 1989 as Stay Alive Neek )tayor Gulliford presented in full, in writing, a proclamation supporting the Jaycees in [heir efforts [o prevent teenage suicide and declaring the week of November 19-25, 1989 as "Stay Alive Week" and Sovember 2>, 1989 as "Stay Alive Day." 6. Appearaoeea• A. Request From Yillfam Trotter, President of Americam Lighthouse Nistori<al Society, asking for ;5,000 or any portion thereof, to be used for advertising purposes for the American Lighthouse Nistorical Society. Mr. Trotter vas not in attendance but vas represented by his wife. Mrs. Trotter read aloud a letter from the American Lighthouse Historical Society [o the Co®Sssfon outlining the at[ivities of [he Sccie[y, along vi th a schedule of [heir advertising expenses, and said she would appreciate any contribution [he city could make. Mayor Gulliford requested, in order to give [he City Manager and Finance Diree [or an opportunity to rev iev bed tax revenues available and [heir possible uses, chat [his be placed on [he agenda a[ [he next regularly scheduled meeting. 5. Ner Buaioesa• ~. A. Statue Report on Section N (Nilliam S. Novell) Mr. Howell said bids on the project would be received an Oc tuber 2, 1989. He and [he Ci[y Manager had me[ with [he engineers on Che project and said i[ would be necessary [o do a survey [o find the center lines of all the st reels. He recommended [he city hire [he surveyor rather than make i[ a par[ of [he bid [o be the responsibility of the cor.[rac[or. He presented a proposal Sn [he amount of i1J ,000 for [his survey from Northeast Florida Surveyors ':ho had done the initial survey work on this project, and said the NAME OF COMMAS. M S v Y v N 1 3 i ~~ MINUTES OF THE REGULAR MF:FTING OF 111E ATLANTIC BEACH CITY COM- MISSION HELD Ai CITY HALL ON SEPTF]]O3ER I1, 1989, AT 7:I5 fM PRESEST: Rilliam L Culliford, Mayor/Commissioner Robert B. Cook, Sr. Glenn A. Edua rds Alan C. Jensen ddela ids H. Tucker, Commissioners a.\D: aim D. Leinbach, City Manager Nark Arnold, In[e rim City Attorney (Substltu[ing) tlaureen Einq, City Clerk m as c e 'lo'ot r mm Invocation, offered by Commissioner Cook, vas fol loved by [he pledge to the flag. Notion: Approve minutes of the regular meeting of August 28, 1989 \o discussion before [he vote. The motion carried unanimously. Motion: Approve minutes of the budge[ meeting of August 28, 1989 So discussion before the vote. The motion carried unanimously. Motion: Approve miwtea of Special Meeting of August 3l, 1989 \o discussion before the vote. The motion carried unanimously. Motion: Approve minutes of Special. Meeting of September 5, 1989 \o discussion before [he vote. The motion carried unanimously. 2. Recomi[ioo of visitors The Comeassion rec ognSzed Sandi Bell, 1175 Eas[ Coast Drive vho has previously asked for additional stop signs on Eas[ Coast Drive. She presented a petition with thirteen names, representing seven households, reque scing a four-vay stop sign a[ the intersection of Tve Sfth Street and Eas[ Coast Drive. Brief discussion ensued re Lative [o moving [he stop sign at Eleventh Street [o Tvelf[h Street, Chus eliminating [he need for an additional stop sign. Barbara Bonner, 463 Selva Lakes Cl rc le, ME OF COMMRS. M O T 1 O N S E C O N D V O T E D Y E S V O T E D N O Cook z Edrarde z z Jensen z Tucker x : Culliford z Cook z Eduardo : Jeoaeo : z sucker z a Culliford z Cook z Eduardo z a Jemen z Tucker z : Culliford z Cook z Edrarda z z Jemaen z z Tucker a Culliford z ~,.a.,_., ,. . _. cla or Arlalrflc eeece gpGptAA !D$TING, lIOmAY, SEPI04Ee 25, 1989 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of tha regular meeting and budget meeting of September ll, 1989 2. Recognition of visitors 3. Aetiom on pzdinemcea: _ A acquieit Sondiof all( therdirec[eandoindire t equitypinteres[tof Rifkin/Jacksonville Associates. Ltd. by Con[inea[al Ceble- visioa of Jackaoaville and transferring control of the aon- excluaive CATV Franchise from Rifkin to Continental ;. Co~it[ee Neports: A. Narry E. Royal With report oa Tourist Development Tax funds and recommendation relative to request of American Ligh[house Hfs[orical Society for dona[fon of 55,000 or any portion (hereof to be used for advertising purposes 5. Rose Hlancha:d with recommendatfona on appoin[ments to the Advisory Recreation Board 6. Final public hearing on the t1989etoeSeutembera30Pr1990ed millage for the fiscal year October 1, P Adoption of Resolution No. 89-44 se[tiag millage rate theptCity oof Atlan[itoBeach for the fiscal yearpOctobeg 1~,d 1989E to September 30, 1990 7. Andy May of Gee 6 Jenson Engineers, requesting approval of Change Order No. 1 on Water Main Replacement project (Gee 6 Jenson Pro~eci No. 87-5601 8. Ci[y Manager Repor[s and/or Correspondence A. Repot[ relative [o ualificationef for cova~atevatert treatme~ engineering firma' q plant improveuots 9. Mayor to tall on City Commissioners. City Attorney and Ci[y Clerk for reports and/or reaueats Adjournment F' ~~ E i Y- NOTICE OF PUBLIC HEARINGS CITY OP ATLANTIC BEACN Notice is hereby given the City Cossiaeion oP Atlantic Beech, Plorida will hold a A PUBLIC HEARING on Septesber 11,1989 at 7:15 at City Hall, 716 Ocean Blvd. Por the purpose of hearing end considering the viers oP the public concerning the following proposed Ordinances: ORDINANCfi N0. 95-89-42, AN ORDINANCE AMHNDINC 111E ORDINANCE CODE OF TNB CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTRR 13. ARTICLE I, 1'0 ADD SECTION 13-10, SAID SECTION MAKING IT UNLANFUL TO TAKE OR ROAOVE 1116 CONTBNTS OF SOLID MAST6 RECYCLING BINS; PROVIDING PENALTIES; PROVIDING AN EPFBCfIV6 DATE. ORDINANCE N0. 80-89-42, AN ORDINANCE AM6NDIN0 THB ORDINANCE CODE OF THB CITY OF ATLANTIC BEACN, FLORIDA; AMENDING CHAPTER 22, UTILITIHS, ARTICLE III, NASTENATBR SYSTEM, DIVISION 7. SBWHt USER RATES AND CHARGES, SECTION 22-170, IMPACT FSBS; AND PROVIDING AN EFFECTIVE DATE All person interested are notified to be present at said rice end place end they shall he~eard. IP a person decides to appeal any decision at any seating or he ng, he will need n record oP the proceedings, end for such purpose he say need to ensure Chet a verbatis record of the proceedings is cede, which record includes the testisony end evidence upon which appeal is to be based. Published: Beeches Leader 8/30/89 Purchase Order /3512 Posted: City Nall Poet Office °-~:;- Page '1V+o Reeolut ion No. 89-43 Poll Workers: Helen G. Joseph, 1426 Ocean Boulevard 4.00 per hr. Nar~orie H. Coonan, 1733 Park Terrace E. 4.00 per hr. Oprah L. Jackson, 26 Simmons Street 4.00 per hr. Edna O. Klueeaner, 1820 Sevilla Boulevard, 1209 54.00 per hr. Laura A. Schneider, 1783 Park Terrace E. 4.00 per hr. Frances Sweeney, 1742 Sea Oats Drive 4.00 per hr. Adopted by the City Commission this day of September, 1989. William I. Gulliford Hayor/Presiding Officer Approved aslto form and correctness: Scephen Stratford Interim City Attorney ATTEST: Maureen King, Ci[y Clerk ~~ RBSOLV[IOR 89-13 A RESOLDfEOM APPOIRTIRG T8E CLERKS. DEPDTIES, Alm 1RSPECTORS POK TBE CI'[L OP ATURfIC BBACM BIENNIAL ELECTION AMD SRT[IIiG TBKIK COMPBHSATIOR WHEREAS, the Charter of the City of Atlantic Beach, Florida, requires chat a biennial election be held, and WHEREAS, polling places have been designated as Precinct 03F, Atlantic Beach CLty Hall, 716 Ocean Boulevard; Precinct 03G, Co®unity Pze ebyterien Church Fe llovehip Hall, 150 Sherry Drive; and Precinct 038, DSrector of Parks' Office in Jack Russell Park, 400 Plaza. NOW, THEREPORE, BE IT RESOLVED BY THE CITY COMMISSION OF iHF CITY OF ATLANTIC BFACN, FLORIDA, that the following persons are hereby appointed as Clerks and Poll Workers, as indicaCed, a[ the compensation set forth therein, and that such are deemed necessary to conduct the regular biennial election to be held Tuesday, October 3, 1989. Preeinet 03P Clezk: Cjrolyn Morley, 345 Fourth Street ;4.00 per hr. + 620.00 Deputy: William S. Bloom, 377 Eighth Street 4.00 per hr. Poll Workers: Marys Prye, 336 Second Street ;4.00 per hr. Ruth Bloom, 377 Eighth Street 4.00 per hr. Iris Coleman, 336 Eighth Street 4.00 per hr. llarcha Coleman, 335 Eighth Street 4.00 per hr. Dorothy Weiss, 99 Beach Avenue 4.00 per hr. Evelyn Roth, 1810 Sevilla Boulevard, 1209 4.00 per hr. Preclnet 03G Clezk: Mary R. Gregg, 905 Sa ilflah Dr. 54.00 per hr. + 520.00 Deputy: Peter V. Zline, 4321 Seabreeze Dr. 4.00 per hr. Poll Workers: Hallie M. Fussell, 1588 Ocean Boulevard 4.00 per hr. Devara L. McMillin, 363 Fourth Street 4.00 per hr. Jeanette N. Murphy, 75 Coral Sc rest 4.00 per hr. Alyce E. Warnock, 161 Sir[een[h Street 4.00 per hr. Precinct 038 Clerk: Marlon W. Grage, 390 Plaza 54.00 per hr. + 520.00 Deputy: Michael Hillmer, 1600 Shelter Av. JL09 4.00 per hr. ~~ CITY OF ~(gKtle ~tat~C - ~letldle~ September 8, 1989 vieocwN BovitvAaa P.O. BOr m A77.tN11CBGCH, yWaplAErtet rbLEPHOeB 190g11-4fBb !ffiIORAMDON T0; Rim D. Lsinbaeh, CSt pgq{: Jan LaVake, PureMsing SUBJECT: Did Vo. 8389-26. Comtru Seurdlvent Avmw, and Repaving of E:Sating etrseca in Atlantic beach. Plain end Speei[ieations Dy Convelly 6 Mlcker, Inc.. Coaaultlna l~Smeta Bids on the ebeva pro~set rare opemd at 2:00 PM en September 6, 1989. Of the tvo bids received, one ree returned unopened because it vac received s~tsr the prsecsibed elms. Atlantic Coast Asphalt Campaay. the sole bidder, wtc all requfrsxnta of the spsclfltatiom, including a :t Did bond. Ire bees bid for chs constrneelw of Sturdivaot Avem,a, and the repaving of Third Street, Seventh Street. Lavie Street, Robert Btreet, Arde1L Avenue, and Rieluzdsoa Lens vas 16i 0.002. The cospeny's bid price to aecomplls6 the Additive Altezmcs Bid Item, Engimering Fabric for Mphalt Overlay on Seminole Bond, rae X20,506. Comally i Vleker, im., the City'a Cwaultiag Engineers for this project, advise they have done s backgzeund lnvesiigation on Atlantic Coast Asphalt Company and find that it is a raputaDla company. They alvlee further chat the above bid is remarkably in line rlth Connally 6 Vicksr'• eetlmate of cwt on the pro~eet. bawd oa the above conaidarativaa, the sngEmers recommend that the City arerd the cwtract on the above proleet to Atlantic Coact Mphelt Company En the total amomt of 1180.506.00. AMERICAN LIGHTHOUSE HISTORICAL SOCIETY ,I ~ _ p.o. mx w(ee a~,~ ae~ Florim E4140 Teleplane (904) 24I-0945 ' ADVERtISINC &XPBNSFS T -Shirts $1,400.00 Leturheada $127.00 to $290.00 Business Cards $76.00 Broohuna (20,000) ~ $490.00 to $600.00 Shippio~ and Postage $400.00 to $800.00 Nevs Leturs $300.00 P.B. Announceaenta $200.00 Slide Lectures and Travel to a'd £roa $1,000.00 History intoraation for school tours $250.00 (Field trips) k s AMERICAN LIGHTHOUSE HISTORICAL SOCIETY I'I~1I ~ P.O. Bo: 50188 darkvnvie Bearlt F1ttiAa 3PE40 Tekphaw (9011 P71~8M5 GBatlenen, Imanuch ae the Anericaa Lighthouse Musson and Society is recognized as one of the foreaoet Lighthouse Societies in the United Stelae, we are asking that you oonaider our Heads through the Bed Tax Fulls collected for Lhe assis- tancw of tourist elated attractioag at the beaotws, in the aaount of $g, 000.00 or any portion thereof, to be used exclusively for advertising purposes, Ye prwids Draohures to State Yclcose Centers throughout Florida as well as the Tourist Derclopse¢t Hureau of Jacksonville acd we are listed Sn the Florida State Musson listings, The Musson is listed Sn the folloxing publications, 1. The Triple A Cuide Book. 2, Prsscrvation Press Book on Assrican Lighthouses by the National Trust, ). Soothers Lighthouses by CLoDe Pcguot Press, Chester, Connecticut. 4. Nuserous Magasinea all Newspapers throughout the United States. $. A book on Florida Lighthouses Se now being published by the University oP Florida Press, featuring works Dy Yillias Trotter, Lo be Bold nationally. There x111 be a Biaantannial Lighthouse Celebration oo Novanbar 12th at the Nayport Navy Base to ia¢lude a Hadiag of the 1789 Pro0latation Dy the Mayor Huouri, and a apcwh by Aepnaentative Charles Bennett, as xell ae represeat- ntives of the Nary and Coast Guard, also then will be tours of the St, Johns Lighthouse, ssalo,foad, sad my other aotivitisa. The weeua rill soon be opening a satellite suseun at the St, John's Light- house on the lfayport Navy Baee, which will bring sore visitors to the beaches. Tha inp-ot of said advertising xould continue throughout the year, Up to Septesber, xa have had an estisated j, j00 guests through the .useus7nn rF.fR Ye hops you will comider our aced fm' advertiecsent, thank you. Sincerely, ~~~~~~~~ Ylllias L. Trotter President AMERICAN LIGHTHOUSE HISTORICAL SOCIETY All members offered newsletters. S 25.00 ................. Newsleners s 50.00 ......... 2 small lighthouse prints S 75.00 ......... 3 small lighthouse prints (100.00 ......... 5 small lighthouse prints Coryoiafe memberships offered on request. American Lighthouse Museum A Major Exhibit o~American Lighthouses and Their History Consists d a large collection o/ paintings o/ American Lighthouses. Authentic sca/e nadels o/many lighthouses. Hundreds d old and rare phaos taken in the ear/y part o! lighthouse hisory. Architectural drawings and history. Lightharse anti/acts and navigational aids. (oration - IOl 1 North 3rd Street /acksonvilM Beach, Florida 31150 Open Hours: IO a. m. ro S p.m. Tuesday -Saturday TeMplane 19041 14 /-8645 ..-~- CITY OF !'OCla+rtte P,taek - ~les[da ~~ ~xo~clttmxtion Suicide Ss a concern of nationwide ispor[ance and fs the leading cause of death among young people, ages IS-24. Every 90 minutes, somewhere Sn [he U.S.A., a teenager kills himself/herself, and Sn [ha[ same [ice period, 50 other teenagers attempt suicide. YNEREAS: Jaycees throughout Northeast Florida shall Conduct various fundraising activities to benefit [heir local suicide hotlines; and YHEREAS: The Newe Media are encouraged [o provide appropriate publicity for these events to benefit the public; and YHEREAS: Jaycees throughout Northeast Plorida are encouraged to ree cult volunteers for their local suicide hotlines; and YNEREAS: "Someone Always Cries Ovez Suic Sde" is adopted by the Jaycees of Northeast Plorida as the official slogan for Stay Alive Neek 1989. Nw, therefore, I, Yilliaa I. Gulliford, Jr., Mayor of the City of Atlantic Beach, in the State of Plorida, by virtue of [he authority vested in me as Mayor, do hereby proclaim November 19-25, 1989. as "Stay Alive Week", and do further declare November 25, 1989, ea "Stay Alive Day", a day long celebration of life, and encourage all citizens to participate with [heir local suicide prevention centers Sn actlvl[!ee chat will help achieve su iclde prevention and enhance the public awareness of the epidemic proportions of [he problem of salt ids. IN YITNESS YNEREOP, I have hereto se[ my hand and caused the official seal of the City of Atlantic Beach, Florida to be affixed this 11th day of September, 1989. A77EST: Maureen King Y11 Liam I. Culliford, Jr. City Clerk _ Mayor ,t:~--:.~,...,.rr ,~ . --- -- k~ .," I } r~:': .. ~: ` .~ ~ - pICE NTE N NIYI FL9, PA VIU ON - J4CKSONVILLE BE<CM FLO nIDA. U.SM P R O C L A H A T I O N DELAWAOE CONSTITUTION WEEK September 17th - 23rd, 1989 PENVSVOiANIn WHEREAS, Our Founding Fathers, in order to secure the bless- ings of Jibe r[y for [he citizens of the l3 sovereign states and NEN tERSEr [heir posterity, did ordain and establish a Cons[1[utton for [he E led filing nation; and GEOPLIA WHEREAS, [his great document established our Republic as a se 1[-governing nation dedicated [o rule by lav, vtth emphasis on eeNNFCncuT the freedoms uE the individual; and M aSSncnu SE TTS k'H EREAS, [he bicentennial of [he Constitution provides an h l~tur is opportunity [or all Amef icans [o learn about and recall MasnAN:o achie venen[s of our Founders, and to reflect on [ht rights and privileges of citizenship, as yell as its attendant respons16111- ties; and 50'J IH C4flOlIyA WHEREAS, the independence guaranteed [o [he American people r:Fw NA•.I=suIPE by the Constitution should be celebrated by appropriate ceremonies during the period designed by the President of [he United Stales; and G PLINIA WHEREAS, the Regents Council of Northeast Florida, Na[Lonal •.Lw voav Society Daugh[e rs of Ure American Revolution, composed of Il chap- ters is promoting the celebration of the 200th anniversary of the nUPTn cARDUna Constitution. NOW, THEREFORE, We, Robert R. O'Neill, Mayor of [he CS[y of =POOF IStano Jacksonville Beach; Ish Bran[, Hayor of [he City of Neptune Beath; and W'i lliam I. Gull iford, Yayor of [he City of Atlantic Beach, in vF P•noNt the Stale of Florida, by virtue of the authority vested in us as Mayors of our respective cities, do hereby proclaim the week of KE r:r ucKV Se ptrmber l7th through September 23rd as CONSTITUTION WEEK `E VVtssEE and urge all our citizens [o pay special attention during that week [o our Federal Constitution and the advantage of American O HBO [i[ize nship. tOUIB IANA IN W'ItNESS WHEREOF, We have hereunto set our hands and caused the seals of our respective common Lies to be affixed this 'i~ %~ t~l'_" Robert W. O'Reill, t4\YOH CITY OF JACKSONI'I LLE BEACH ~ C _> ' ! ' ,~ L: 1 Ish Bran[. B.AYORL f,IT}' OF KFYTL'St: BEACH Lev c•.S 4S William L Gu111ford, f1AY0R Cl if OF ATLA`:TIC BEACH MICHIGAN FLORIDA TFl(AS IOWA WISCONSIN CAIIFOPNIA MINNESOTA OREGON KANSAS WEST VIRGINIA NEVADA NEBRASKA rAIORADO NOPiN DAKOTA Sg1TN OAKOTA MONTANA WASHINCtON IDAHO WYDMING UTAH O%IAHOMA NE'N MF%ICO AD20NA ALASKA HA'NAII Ys. the undsral6ned reaidenta of Atlantlo Beaoh. foraall~ petition tM a!'E~ to ante tM Snbn- asetion of 12th and East Ooaat a four-rat atoD• Th1a tytreentiithtand 15 h etresMaonvEa~Or+stnDrlve~a W ar all In agreeaent that tMre la a urioue yreblq. and that soaethle~ aueC Da doM in order W elor the evergmwlns floc of traffle through our nsighborhood, YItB aDd~ Xa~i rn•5BF"'`~ .3x6-/2 ~-~ ~-- p .,e~r....ln~ ~~`a~._.---`~ 135 ~. Q-~~~ ~ ,@,~'.w~,.~(y.Jtlawh.^^<,',~ /m~.J.~,s4~,.tl~aaofAV'D~Boa,e'~ 0.4,uJv r~~,, ~~ ~ ~~ ra s r 20~- eoo_~ ~ V~.L~II~ L~'~'.L. ~R~MK~eSI Ff f.~ r/-` ~+E~r.t. ~+l~ f~v~~ 43.f sir r..-+.~-- t,L.o~t ll~C_ Ovl+-<.t c~L Q~ cS .~i ~d-,..tiD hl~U r ~.l Q k 5 ~~t ~~ L.1a~a.~p.i C•rll-~) 0UL`GE 1' F?EUtA51 PUDGET tARK9ta`F 0'3-\+~-G3 FY 1383-3N gDDi TIOM3 R.000tR1T NU. iIEFRRTIIENT SbELETttAiy> h O T E 5 01-3~1-100V Fines arA Fur?eftur¢s !3,\YM)Revenue attoont, tletYea5e5 r.et tlitf. tt.:. rev. antl erp. P3 DSO-3100 Geri@ral Gu`:er Cller~t ib, WV C4eplK~enstVe [`eYEafRRI SC UO)' 30-'541 -v2VN rCapit al tr <.]ects 7, tiM Russell Cary. Ccmcesst m, 5t af~tl 30 X41-0300 ~Cdp Stal Fre )eels r, 001a Russell T`arB L1yKt5 total Gefferal Funtl 33,'A+0 90 X31-GSW L'. q. D. RaC@r 1°vne !tiV0, 000>RPoUCt 1Ur, Ut NdCer Cit. IgFKNew@Y~LS LG tal arw@ the butlget Tar tbls TurA. r - ltese ct,anges a150 dTTEC2 ttlF General f°urA is YCT~1E5 Ni 11 bbYe L4 be tr-ensferr ee TG tTe CapRal f`re)@ct@ F:.f~tl R~r tRFSe arc.,)FCT E. ~" i 5G' Y ~. ~:: '- Sk.P 06 '85 tl9~S! r1L~T EJUI FI~FJ rT JiRh;.JfN ILLE..~ Furthermore, under 9sction 4 of our Charter, entitled General Powers, we are charged "to regulate building and density of population, nnQ the nature height: size end use of buildSnpe end other structures. for the purpose of proegtinp the health. safety, morale or general welfare of Ste reefdente." Certainly the intent of this section would~eesm to be eaepatibl• with e desire to inveetipate and inquire into this particular eituetion. There was no official action taken by this body, only a suggested direction to the City 1{ansger. It would hsve Dean approDriste for Mr. Cook to have withheld hie comments until ~a direction towards a motion and a vote by this body wee apparent. To state thst you are not pomp to vot• on something that has not been o!lered for s vote aesms a bft out Of synch. 1 had no intention of tsking sny offleiel action without s City Attor~ey present. I wanted all of the facts pertinent to a ditficuit eituetion brought to the attention of this Co®ieeion. 1 } SEP 06 '89 09.10 PILGT E~_U:is~fli 7i+_l'.AfNILLC•FL. P.3 t 1 This peat Thursday ws met nt a epeoial called meeting to inquire end invsatigsta a eituetion concerning a building permit for two townhouaee to be built on two eubstanderd lots in north 1lilantSc Heaeh. Commissioner Cook chef Unged our right to be meeting and on two ocensione moved !or adiournmsnt which were not sueteined. Nr. Cook contended that ws were IeevSng our legislative realm, end had no right to be meeting on this topic.I submit to you that Mr. Cook was in error. I cell your nttentSon to section 164 of the Charter on pegs 24.Ths section steles The city co+mllssion...eha11 have power at any time .to cnuee the affairs o! any department or the conduct of any o!lSeer or employes under) their ~uriadiction to be investlgnted~ and for ouch purpose shall have Dower to compel the attendsnce of witnesses and the production of books, pepere and other evSdancsl and for that purpose may issue supoenas". Ths section goes on to offer procedure end that this body S• empowered to levy rinse or imprisonment for the failure to obey supoenas or produce evidence ae ordered. For sure we were within our rSghts to meet, inquire, and inveetigat• on n building Dermit that had been' issued by an employee of the City which eeamsd to be in conflict with an opinion rendered by the former City 1lttormy, hsd not Bona to the Ca®unity Development Hoard. and had Caused considsrabls turmoil in the surrounding neighborhood. , Page lrro Minutes of Bpe<!al Commission Meeting September S, 1989 Discussion then ensued regarding revenues and Mayor Gulliford pointed out moat cities charge a l0S utility tax and the city may rich to cone ider Chia. The Ci[y clerk explained it was too late [hie year [o make any adjustment on the occupational license fees. He. Blanchard said Parke and Recreation had presented plans to introduce Bone user fees and she would make the proposed schedule of fees available to [he Commission for [heir revier. Ma. Blanchard and Mr. Leinbach were d lrected to draft an ordinance outlining the proposed fees for approval by the Commission. 2__eny other Bmsfnees: Mayor Gulliford Bald he vlehed to make an observation regarding the special meeting of the Commieelon the previous Thursday night on the eubj sct of the issuance of a building permit to Nark Kredell [o construct two townhouses on property in North Atlantic Beach. He said be believed reasonable men could disagree and hoped those dlsagreementa could be met with objectivity and not subjectivity. Mayor Gulliford read a prepared statement, copy of which 1a attached hereto and made a part hereof. The mayor said he wanted to clear [he purpose and intent of the meeting. He said he hoped Commissioner Cook Cook no offense at hie ~tatement and chat none had been intended. There being no further discussion, the Mayor declared the meeting adjourned at 7:30 PM. Nilliam 1. Gulliford Mayor/Presiding Officer ATTPS7: Maureen Ring, City Clerk MIMOTBS OP T'B6 SPECIAL MHBTIBG OF A7IAMTIC BEACB CITY CO!![ISSIOY ~D AT CIZY BALL OM TOESDAI, SBPYBIOSER 5. 1989 AS 6:00 PM The meeting vas called [o order by Mayor Gulliford. Present, in addition [o the Mayor, were Commissioners Cook, Edwards, ]eneen, and Tucker. Also present were City Manager Lelnbach, Finance Director Royal, and City Clerk King. 1 Cwtivuatiw of budget diatvsaiw for R 1989/90 Budget discussion a[ this meeting included Account 533, City of A[lan[!c Beech Water; Account 535, Sewer; 529 Police Trust, and Account 572, Parks and Recreat Son. The Finance Director poioted out the Water Department was not ae lf-supporting. The department is involved in ongoing rehabilitation work and plane to paint and wash the eater [veer this year and Mr. Royal Bald he felt the capital projects would have [o be eut or accomplished through a phased approach. Engineering fees were Swcluded Sn the Capital Improvement and Renewal and Replacement, making these figures appear inflated. Mr. Royal was asked [o develop a financial plan whereby both the Wafer and Sever Departments would be self supporting. The city staff were to work together and prioritize prof ecte and bring fhe Water Oepaztmen[ budge[ Co a balanced Figure. I[ vas felt the city should con~ider the possibility of hiring a consulting engineering firm [o develop comprehensive plan and consider the posafbi lity of hiring a city engineer. 1'he City Manager agreed with this suggestion. Mayor Gulliford Bald the suggestion had recently been made to him to use [he Buccaneer sewage tanks for equallza[1on and pump [he effluent to Aclantic Beach plant for treatment during off-peak hours. He said this appeared to be a possible option and felt i[ may be worth Considering. In diecuaeions on Police Trust budget, Mr. Royal pointed out the law relative to revenues from fines and forfeitures had recently changed and the city vas realizing lees revenue from [his source. This revenue had been used for training and the shortfall would now have to be eubaidized by the general fund. Discussion then ensued relative to the Chriatmes activlt lee and 1[ was agreed the {5,000 which had been approved at the last regular Co®feaion meeting, would be transferred to the Recreative Department. The 1650. for refurbishing, displaying, removing and storage of Christmas decorations vas included in this figure. The possibility of planting a live tree at City Hall to be used Sn future years activities vas also discussed. Ms. Blanchard pointed out some additional electrical work may be needed a[ City Hall to accommodate the additive of a lighted tree at City Nall and it vas agreed Ch1s cost should also be included in the 55,000. Mr. Lelnbach asked whether the city had contracted public relations work Sn connection with the recycling program. He said he felt this needed tc be rev Saved since he did not feel much work was needed now [hat the recycling program had been implemented. :~_.~~ Page Four riinu[ea of Special Coamissfon Meeting August 31, 1989 William I. Culliford, Mayor/Pres Sd ing Officer ATTEST: lfauzeen King, City Clerk !~'~ Page Three Minutes of Special Commission Nee[ing August 31, 1989 that you meet all setback requlremente ." Nr. Kredell responded "That's what we're doing." Purther discussion ensued about townhouses which had been built on one lot and St vas Pointed out the city code requited separate lore and Mr. Kredell vas asked whether hie lots had been combined. Mr. Kredell refused [o answer and said he felt this matter should be resolved In a court of law. Ne said he felt soma disgruntled neighbors were basing [heir complaints on pereoasl motives. He said he could be seeking legal action against any of the Commissioners who were trying [o violate his civil rights. Gilchrist Stockton said he had reviewed Nr. Nullie' opinion and it ras his understanding a lot smaller than 5,000 sq. f[. could not be built upon, and the combination of Mr. Kredell'e two lots would still fall short of the 5,000 eq. f[. requirement. In accordance with Nr. Nullis' opinion, relief from [he 5000 eq. f[. requirement could be granted by the Community Development Board; however, Chis matter had not been brought before that board. A[ this time Commissioner Cook, again, cared tbe meeting be adjourned. Since so one seconded the motion, the meeting ewtlm'ed. Commissioner Cook Bald he would not vote on this matter and Mayor Culliford pointed out no action requiring any action of the Co®iseion vas indicated. Commissioner Jensen reiterated Mr. Kredell had said he was building the units oa separate iota. 4lhen sated [o confirm Chia fact Mr. Kredell refused to respond, stating instead he felt Chia was a legal problem which should be decided by the courts, and indicated he would initiate legal action against each of the Commissioners, with the exception of Comm3eaioner Cook. Mayor Gulliford called for order and said the city vas simply trying resolve [he questions raised. Me said he had afforded all parties an opportunity [o speak on the issue and the matter would be pursued through an adninis[rative course. Attorney Hugh Carithere, 1549 Beech Avenue, said two building permits had been issued, one at each address. Me said it would appear the Building Department had improper or ieadequate information at the time the perm![ vas issued. In that event he felt the edminls[rat3ve official roe authorized cc rlthdrar the building permit. There being no further business to come before the Co®iseion, oo motion ftw Camnlselamer Jeomen, seconded b) Camm~ismer 2'acker, tbe meetiug ras edjaurned M usenimws vote. Page Tro !finales of Special Commission Meeting August 31, 1989 Mayor Gulliford said the intent of Chia meeting vas to determine what action the Commission should take in the matter. Ne pointed out he did not feel the Interim City Attorney had agreed with the inicial opinion end [het Snformtlon regarding [he location of the common wall between the unite had ao[ been made available to him when rendering that decision and he said he felt this vas the main question to be resolved. Me said it vas his opinion the Clty Co®Sasion vas authorized by the City Charter and City Code to act es a quasi-judicial body in matters of this sore. In reepoaee [o the Mayor, Mr. Leinbach said he found Mc. Mullis' opinion somewhat confusing and had requested a second opinion from Mr. Stratford. Be said the information shown on the lice plan did not delineate [he separation of buildings aad in subsequent conversations with Nr. Arnold and Mr. Stretford, this would appear [o be a matter of erltlcal concern, and he suggested a survey may be necessary. Ne said he felt the established procedure vas provided in the City Code wherein the Community Develop Board should hear and decide appeals where S[ is alleged there Se an error in any order, requirement, decision or determination made by Che adsi.nietra[ive official Sn the enforcement of the zoning code. In his opinion, Chie would appear to be the appropriate appellant body and he felt Chia secclon would stay further action until the appeal vas adj udlcated. Me said he would check this poine with the City Attorney. A[ [hie point Mark Rredell, 1855 Beach Avenue, asked that the meeting be cancelled since he vas not represented by his attorney and his partners were not in attendance. Since there vas no bus ineee fir discussion i¢ Item 2 of the Agenda, Ca~iuiaear Cook moved the meeting be adjoaraed. Since mo one seconded the motfm, the meeting continued. Commissioner Jensen said there rr re possibly some things which were not Imow by the city when the permit was issued, and may no[ have been know by Nr. Mullin or Mr. Stratford when they issued their opinions. Fie said Nr. Rredell roe nor- on notice of the City's concern and the concerns of the other residents in that area; likewise, the city is on notice of the concerns of Mr. Rredell. The Ci[y Manager Ss empowered to take any necessary actloa, or not take any action so long as everyone is on notice of rhat [he situation Se. Since Mr. Rredell ie now advised of the concern of the city, if he wis had [o proceed, he would be doing so at hie orn risk. Yhen Mr. Rredell asked Commissioner Jensen to specify the concerns, Co~iseionez Jensen said "One major concern [hat we have, and [he focal point of [he whole Sasue is the[ the ordinance requires the[ single family townhouses be constructed on separate lots." Mr. Kredell responded "That's what we're doing.' Commissioner Jensen Continued "and MINUTES OF TBe SPECIAL CALLED !TYING OF THE ATLANTIC BEACB CITY COSDfTSSION HELD THURSDAY, AUGUST 31, 1989 The meeting vas called to order by Mayor Gu !!!ford. Present, in addition to [he Mayor, were Co®iealonera Cook, Edwards, Jensen and Tucker. Also present were City Manager Leinbach and City Clerk King. After calling the meeting to order, Mayor Gulliford said the purpose of the meeting vas to try to resolve an ongoing problem relative to the construction permit issued to Mr. Kredell. Since any action the City Commission could take vas governed by ordinances and lave, he asked the audience to conduct themselves ae ladies and gentlemen and everyone would be given an opportunity to speak. Robert G. Fajane, 1847 Ocean Grove Drive, representing other family members and neighbors, read a prepared statement outlining [he facts as he kner them and the opinions of the neighbors, and requested the permit be revoked. Mr. Pajans' statement is attached hereto and made a part hereof. At the conclusion of Nr. Fajans' statement Coa®iaeloner Cook said in his opinion the City Commission vas [he Legislative body of the city and he did not feel Chia vas a legislative natter and any action taken by the City Commission would leave each Commissioner open to personal law suits. He said that Sn the opinion of the former Ci[y Attorney, [he project proposed by Mr. Kredell was allowable; in an opinion rendered by the Interim Ci[y A[[orney, the frojeet is allowable; [he permiC was issued under the previous City ManaF;er and the present City Manager had also directed Hr. Kredell to proc +e d. He said he felt Chia should be resolved by the CSty Manager or by t;:e courts. Co®ieeioner Jensen said he felt the Clty Co®lealon could direct the City Manager under certain circtmatancee as had bees done with the issuance of the Stop-Work order. }le said Nr. Mullis' letter stated tro single-family townhouses could be be ild Sf [he setback requirements were met. Although not included in Nr. Mullis' letter, the ordinance also lneludes the provision [hat [hey must be built on separate lots and this condition moat be complied with. Commissioner Cook repeated that Sn his opinion this ras an adminiatra[ive or judicial decision and nac the reaponalbility of the City Comiaelon. Commlasloner Jensen said the Commission rae a quasi-j udlcfal board on appeals from the Community Development Board and he felt St ras the reeponaibll Sty of the Commission to make decisions on such matters. In a subsequent letter from the office of Arnold and Stratford it was apparent information regarding the location of [he common roll betreen the units ras not available Then their initial opinion vas rendered, and the question was raised whether Che person who issued the building permit had knowledge of [he location of this wall. i:2.-- HIIOHET REUIE9T BUD6ET NORI(910D NB-2H-69 FY 19H9~iH RCCOIHT HD. i)EDHRTfETiT N131T-t2NN City Clerk a1-337-17HN 01 X3/7-210a a1-31 T-¢2ba Ni-317-2S0N 01 11 7-240N N1-32943N0 Hui ltl ing TGtat Wnarai Funs 41-313-610N C. R. H.9ervr 431J'Y-6300 C. R. H. Svwvr R. a R. 43-331i3BN Ouc. Nat yr Total Enterprise FYrda ROO[TIO)eS {OElETIOM6) N O t E 5 ____________ ________________________________ __________ R3, 3421COrrvctlGrv from NB-21-89 Hutlget tWrksnup. R1! tH2) affects fringe OlrWf tt i. (1, 169> (1,$34) (90) (H f) 1, M8 Rtltl iticn G1 Health Incurarn:v ____________ (16, 864> (9a, 00H>De lvttun of 5lutlge Contalnerc C200,HOa)RitluM SGn Gf Sewer RMab333t at1Gn project 6,188 Cc•rrectlGn frrwn N6i1-69 eutlget Ncrksnop {243, 900> SWtvi Irv itltllilm, IL wii tlMttlvtl th it fGr thv tlwe bv3ng the Hucanneer Mater Intl 9vwer 9yatN uvula tampnsrvrtly lum the Oak Harbw Mater antl Sewer 9yst em 4uf Tivclvnt fords to eliminate arty tleflclts to the Oak Har DCrr Systev. TT 1a awourrt 1i aatlutetl to a aproxf rateiy /120, 00N. MIHPTFS of Tee eT1aKrIC BODGFT WD~/.SHDe MEBTIIG of TBE sTLAHYIC sgew CITY C01lRSSIOI[ BHLD AT CIYI BAIL DB M'OHDAY, ADC.OST 28, 1989 The meeting vas called to order by Mayor Gu111ford. Present Sn addition [o the Mayor, were Commiesionera Cook, Edverde, Jensen, and Tucker. Also present were City Manager Lefnbach, Finance Director Royal and CS[y Clerk King. Budget discussions a[ this meeting included Account 524, Building; Account 590, Equipment Maintenance; Account 533, Buccaneer Water including Oak Harbor Water; Account 535, Buccaneer Sever including Oak Harbor Sever; Atlantic Beach Sewer. In dlacusalon relative [o def icita in [he Oak Harbor Water and Sewer System revenues, it vas pointed out the annual charge of 5250 per household was for [he purpose of paying far the system and would no[ be enough to cover maintenance. Hayor Gulliford asked [hat revenues from Oak Harbor system be tracked for a far years, and Sn Che meantime iC vas decided to make a loan from the Buccaneer Syacem Co Oak Harbor and charge interest on same. Don Ford said he had included {50,000 for sludge hauling containers. He said Chie could be eliminated since after contact with Che City of Jacksonville relative to the anticipated closing date for the G1rvln Road Landfill, he felt the landfill would ha open for at leas[ another year and the sludge haullwg containers may not be needed during [his fiscal year. I[ vas also felt [he figure for sever repair and replacement could be subs[ant telly reduced if the proposed projects could be accomplished in several phases. A recap of action oa [he budget 1s attached hereto and made a pert hereof. There being no further business to come before the City Co®ission, the Mayor declared the meeting adjourned at 10:00 PM. William I. Gulliford Mayor/Presiding Officer ATTEST: Maureen Ring, City Clerk k... PAGE EIGHT MINUTES AUGUST 28, 1989 Co®lesioner Edwards reported he had attended a meeting of the Northeast Florida Regional Planning Council on August 24, 1989. He said it vas [he consensus of tfie group [he concentrated efforts of elected officials and citizens would be needed Sf the trenspor[a[ion needs of [he Northeast Flor}da would be met. A[ Mayor Gullfford's request Representative Joe Arnall addressed the Nondervood Expressway project. He said he vae not on any transportation co®lttee but that while State Road 9-A vae under consideration, Vondervood Expressway seemed to have been eliminated once again. Ne said he would see what he could do to get St put back on the list. He encouraged [he tit izena to v[1[e all [he legislators asking that addf [ional funding be allocated to the North Plorida area highways. t t # t • a f R R • • ! Chief Thompson reported [he Police Department had received the Jet Ski and training Sn its use had begun. • • * t • x There being no furtfifr business to come before the Commission, the Mayor declared [he meet iag adjourned at 8:25 PM. Y1l liam I. Gulliford Mayor/Presiding Officer ATTEST: Maureen King, Clty Clerk NAIdE OF COMMITS. M S V Y V N ence seveN MINUTES AUGUST 26, 1989 NAME OF COh4MHS M S v Y v N In response tv a question from Elizabeth Nichols, 309 Belvedere Street, Mayor Gulliford read aloud the portions of [he ordinance which were being changed. Since no one else wished to speak for or against the ordinance, [he Mayor declared the public hearing closed. Notion: Approve pusage of Ordinance No. 90-89-146 on fi~l Cook : : readivg, math the amendment that a LLit of one Edrarda z license per person, a~ no sere than two licensee per Jensen z household be lneluded 1o the ordinance. Tucker z z Gulliford Z No further discussion. The motion carried unanimously. P. Ordlmnee No. 90-89-144 - pnblle 6eariag AB ORDINANCE A!®I!G Y8E ORDINANCE CODE OP THE CITY OP AYLAR[IC BEACB, FLORIDA, A!®IBG CHAPTER 24. Y8g COtQ'REHP113IVE ZONING ORDINANCE A® LA® DePEfAPIODIT CWE BY A!ffim77G TH6 OFFICIAL ZONING MAP Y'0 AEZONB LOTS il, 42, 45, 46, 47, 48, 54, 59, 60 NORTH ATLANTIC 6EAC8, OMIT 2 FRIX RG2 RESIDENTIAL GENERAL lpLTIPLE FAMILY TO BG1 RESIDENYIAL GENBQAL Yip FAMILY A® PROPIDIMG AN EYPE(.TIPE DATE. This ordinance vas withdrawn owing to a discrepancy in the lo[ numbers and has been superseded by Ordinance No. 90-89-147 Ordinance No. 90-89-147 - First reeding M OROIMANCB ANENDIBG 1'HB ORDINANCB CODE OP TBE CITY OP ATLANCIC 1 BEACH. PIIIRIDA, A!®ING CHAPTER 24. Yg6 CONPRF1~isiPE ZONING( ORDINANCE AID lelID DEpEfOPl03I CODE BY AME®ING YBE OFFICIAL ZONING MAP 11) lH7.ON6 i.OTS 41, 42, 65, 46, 47, 48, 50, 51, 52, 54, 59, 60, NORYH ATLANTIC 6EACH OMIT 2 PROM RG2 RESIDENTIAL. GENRRAL MOLYIPLE FAMILY t0 RGI RESIDENTIAL GENERAL IW FAMILY, A® eROPIDING AN EPPECTIP6 DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 90-89-147 on fire[ reading. Cook : z Edwards z Notion: Approve passage of Ordimace No. 90-89-147 on first Jensen z readL~g e~ set for public hearing October 9, 1989 Tucker z z Cnlliford z No discussion before the vote. The motion carried unanimously. '.. 10. CiS7 Memger reports and/or correspondence: ~'I The Ciey Manager announced he plans to make some changes to the I, agenda forma[ and solicited comments from the City Commission when this plan ie implemented. I ~ • * • • • • • z s k i Mayor Gulliford said he had received a letter from the St. Johns ~ River Water Management District relative to the water shortage and asked that the City Managet make the citizens aware of [he restrictions. i PAGE SIX HINUTES AUGUST 28, 1989 C. Ordimnce Mo. 95-89-41 - Public gearimg M 06DINAMC6 6iYPJIDIMG 286 R6DEMP2ION DASE OF TB6 BOCCA6666 11A268 A® SI31BQ DIS28IC2 8Ep0106 BOIIDS I8 BECgAgG6 POY C6R2AIM BBAL 6S2AIE, PBOPIDIgG AR 6PPH.CTI9'6 DATH Mayor Gulliford presented in full, in writing, Ordinance No. 95-g9-41 on second end final reading. Sefd ordinance vas posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited commence from the audience. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. Ifotion: Apprme passage of Ordinance Mo. 95~9~1 on final reading No discussion before the vote. The motion carried unanimously. D. Ordinance Bo. 5-89-21 - Publie gearing AM OSDIgAlIC6 PBOHIBI2ING AI1Y CI2Y COlB[iSSI0MF3 P80M APPOIM'Olydi AS CI22 C[.PJ[ OH CI2Y A2TOYMEY D06IMG Sg6Ig 26@1 OR VITgIB 010: 26At APTEg !~IlA2I08 OP 766M; P80PIDIlG Ag 6PPF.CTLP6 DATg Mayor Gulliford preaen~ed in full, in writing, Ordinance No. 5-g9-21 on final reading. aid ordinance vas posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. Motion: Approve passage of Ordinamce go. 5-89-21 on final reading The motion died for lack of a second. 6. Ordimsce 80. 90-89-146 - Publie gearing dR 08DIMA1C6 AM®IH6 2g6 OBDIMAMC6 CODE OP 2BE CI2Y OP A2W2IC 86AW, PIAtIDA: AM68DIMG CgAP2EY 24, A87ICL6 III, DIPISZOg 7, SLLTIOII 24-159, B01g; OCCOPAI'IOM BECOId2I0g5; A® P809IDIlG AR 6PF6CTIPE DAig Mayoz Gulliford presented in full, in writing, Ordinance No. 90-89-146 on second and final reading. Said ordinance vas posted io accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited commence from the audience. Ruth Gregg, 905 Sailfish Drive, inquired whether any Ifmit had been set on [he number of convenience licenses which could be Sseued for any address. After brief discussion, a limit of one license per person, with no more than two licenses per household, vas established. NAME OF COMMAS. M S V Y Y N Cook z 6dvarda : .imam z z iWcker z z Gulliford z Coot z PACE FIVE MINUTES AUGUST 28, 1989 NAME OF COMU4iS M S ~ Y ~ N Rodzlgue: at the quoted price and in the event i[ was tan late to receive bide in time for [he October 1 effective date, the information and spec ificacions would carry over to next year. Cook z Edwards z lotion: Arard contract to Bodrlguea Camaulting Orwp at a Jensen z z price of :6,900 Sucker z z Gulliford z Mayor Gulliford said in recent years the coat of insurance had increased considerably and he felt [hLs was a good fire[ step toward holding [he line on spiraling costs. The question vas called and the motion carried unanimously. 8. Yesolutioas: A. Besolntion 110. 89-60 Neyor Gulliford introduced in full in v[i[ing Resolution No. 89-40 A BPSOLOTIOR SOPPORTIIIG TRH STOP DROGS Ai THE SODRCE TRPJITT CAMPAIGB Cook z : Edvarda : Notiw: Approve passage of Rewlutlom eo. 89-40 Jensen : z Tucker z No discussion before the voce. The moc ion carried unanimously. Gulliford z 9. Action om Ordiaancee: A. Ordiaance No. 95-89~i2 - Pirs[ Beading M OBDIRARCE A18II®ING THE OBDIRARCB OODE OP THE CITY OP AT[AM'IC EEACH, FIARIDA; Al®INO CBAPI~ 13, ABTICLB I, 1Y1 ADD SHGTIOB 13-10, SAID SRCfIOR HALING Ii DBI.ARPOI. iD TA<E OR REMOVE T~ OOIF[EIRS OP SOLID VASTL RECYCLING BINS; PROVIDIBG PEMLTIES, PmVIDING AB BTPPI.TI98 DATE Mayoc Gulliford presented 1n full, in writing, Ordinance No. 95-89-42 on first reading. Cook z P-0rarda z z Mociom: Approve passage of Ordimsce Ito. 95-89-62 on first Jensen z reading a~ set for public hearing September 11. 1989 ticker z z Gulliford z No discussion before the vote. The motion carried unanimously. 8. Ordinance No. 80-89-42 - First Beading AB ORDINANCR A!®®I1G ZH8 O1tDI1MC8 C~8 OP TBE CIT4 OP ATL68'fIC '. BPA®, FLORIDA; A1~IBG CBAP[Wt 22, VIILITIBS, ARTICI.B III, ' QASS®ATEL STST@I. DIVISION 7, 8IDi8B DSBQ WYES AID! CBARGES, SECl'IOH 22-170. IMPACT PEGS; AND P10VID71G AN EFFECTIVE DATE ' Mayor Gulliford presented in Eull, 1n writing, Ordinance No. ', 80-89-62 on first reading. Cook z P.dmards z ' Motion: Approve passage of Ordinance No. 80-89-42 on fire[ Jensen z : '. reading sad set for public hearing September 11, 1989 Tucker z z Gulliford : ' No dfscueaion before the vote. The motion carried unanlmoualy. PAGE FOUR MINUTES AUGUST 28. 1989 B. eesolutim No. 89-42 Mayor Gulliford presented 1n full, in writing, Resolution No. 89-42 A RESOLIRION OP THE CITY OP ATI.AIR'IC DEACB AOTBORIZINC STEPDHI STRATPORD, ESQOIBB, OP 'fDD I.AN PINM OF ABNOLD ADD STRATPORD, P.A., TTI REPRESENT T'DE CITE OP ATIANLIC BRACH IN LITIGATION C[IRR61RLi PEtD)ING IN THE CIHCOIT COORT, DOVAL CODNTP, FLORIDA, PAOL ANDERSON, ET AL., PLAIIR'IPFS, V. CITE OP ATLANTIC 6BA®, DEP®m6R2'S~ ADTDORIZING PAYMENT OP LEGAL PEES IN COSELTION YITB SAID PBOCSEDINGS, PROVIDING AN EPPP.LTIVB GATE. Motim: Approve passage of Resolution No. 892 In brief discussion before the vote Mayor Gulliford pointed out he and former City Manager Richard Fellows, had met with Mr. AMeraon and is vas impossible for the ciCy to meet some of Mr. Anderson's demands. The question vas called and [he motion carried unanimously. C. Approval and aeeepcance of Deed of v---+~t from Atlmtie Otilit Les of Jackaoaville, Ioc. No[im: Approve and accept Deed of Easement subj set to approva~ by the City Attorney No discussion before the vote. The motion carried unanimously. 6. Old baslnees: A. Commisaion/Chief of Police to preemt vamea for eousidera[im for nominatiom to fill vacancy on the Po611c Nuismce Control board Chief Thompson placed in nomination the name of Willie Riley, 1990 Park Street to fill the vacancy. He said Nr. Miley had ezpresaed interest and would be willing to serve on the board. Motim: Accept the recommendation of the police chief and appoint Mr. Miley to fill the vacancy m the Pnblic Naiemce Control Eoard No discussion before the vote. The motion carried unanimous ly. 7. Committee Reoorta• A. Report and reeamammdatlon from Derry E. Royal, Pimnce Director comcernimg insurance proposals Mr. Royal reported [he city had received two proposals for consultant services in connection with property and casualty insurance, including Workers Compensation. The proposals were from two very differenC firms, the low quotation, from Rodriguez Consulting Group, Inc. vas 54,900 and [he high, from Siver Management Consultants, vas SI0,000. I[ vas Mr. Royale recommendac ion that the city enter into an agreement with Hr. NAGfE OF COAtbftiS. M S V Y V N Cook s Bdrards z Jensen z z Tucker z z Gulliford : Cook : z P.drarda : z i Jemen z 'hoer z i Gulliford z Cook z i I Pdvards z z ~~. Jmam z z ~ Tucker z ii Gulliford z PACE TNREE MINUTES AUGUST 28, 1989 NAME OF COMMAS M S Y Y Y b Recrea[ioo Department. Ns. Podzamsky vas asked ro get with Ms. Blanchard and decide on a date and report back when a program had been worked out. Cook z z Motion: Allocate :5,000 for Chrietrs activities, said figure Edwards z z [o include [he coat of a Chris[vaa tree Jensen : icker z No further discussion. The motion carried unanimously. Gulliford z B. Apprmal avd acceptance of egreenent between [be City of A[lavtic Beech evd eaasakl Motot Corporation Cook z : Motion: Approve entering into agreeven[ with eewaeaki for the Edvarda z z loco of a Jet ski to be used for voter rescue avd law Jemen z enforce~evt ticker z Gulliford z No discussion before the vote. The motion carried unanimously. 4. Covaevt Agenda A. Proclams[iw declaring October 8-13, 1989 sa Navy Yivea Club of Cook z z Averlea Yeek Edwards z Jensen z Motion: Approve passage of Consent Agevda ticker z z Gulliford z No discussion before the vote. The motion carried unanimously. ' 5. Bev Business: A. Besolution Mo. 891 Mayor Gulliford presented in full, in writ Sng, Resolution No. 89-41 A eSSO1.OTIW1 OP 1'B6 CITY OP ATWI'IC BEACH ADTHOeIlI11G JOH11 E. STEPJ.E, ESQOIBE, OP THE Wi PIBM OP MAHOMLT, ADAMS, MIUN, SOBPACE A 6tTlIS7.ET, r0 eEPeESEMT 1'H6 CI74 OP ArIMIIC 8EAC0 IN LISICATIOB COeeEMILr PEBDILG II TBE DBLIrD STArP3 DISTRICT COOBT, ![IDDLE DISreICT OP PIDeIDA, JACRSOMVILLE, DIVIBIOII, HAMOVER IMSOBANCE COMPAIIT, s COePOe6rlc9, PIAiBTIPP, V. CITr OP ArI11iIIC BEACH, P1ABI11-, A MOMICIPIL COePOeATIOM, DEP®AMI, ABD, Poem, TO egeese~r T~ cIa oP erl.eMttc BEACH n I.1TItaTloe coeePlerlx PPAD111G IB T~ CIBCDIi CODII, BwAL COOBTY, PIDeIDA, YtLLIAM e. DiwCIIAHD, Je., PIAIRIPP, V. CIIT OP JACBSOMVILEB, PIAeIDA ABO CITT OP ATIa/fIC WJCH, PIAeIDA, DEPerDARS; AOyH~IEIBG PAYMERI OP LEGAL PEPS Il CONECTIOB YIYfl SAID PeOCE®IBGS, FeOVIDIMG AN EFFECTIVE aTe Cook z Edwards z Motiav: Approve pasuge of eesola[Soc Mo. 89-41 Jensen z z Tucker : : In brief discuss ion before the vote, Co®Sssioner Cook commented Gulliford z that the section relating to fees for services vas somewhat vague. The question vas Called and [he motion carried unanimously. PAGE TWO NINNIES AUGUST 28, 1989 Hayoz Cul liford said he would personally contact Nr. Bristol of [he Sea Turtle in an effort to resolve the matter and directed the City Hanagez to review the permit with [he City Attorney. The sub,j ect will be addressed further a[ the next meeting. f * # # * R * R # * * * # Rev. Kennerley of Roberts Mt. Pisgah A.N.E. Church said he had previously offered the city the opportunity to purchase land abutting Donner Park, off Church Road a[ a price of 510,000. Ne said a second map indicated the property vas larger than he had inicially thought and his church vas now asking 514,000. He would like [he condition added that in [he event the land ceases to be used for a park, ownership would revert back to the church. Ne pointed out church property is presently being used for parking for the park. In the even[ another entity should purchase the land, access to the park from Church Road would be cut off and there would be no parking at the north end of [he park. Nayor Gulliford directed the City Nanager to review the maps and negotiate a price with the church, and bring recommendations to [he next commission meeting. # * # * ' * R # * * # * * * Winnie Harvey inquired about water which vas bubbling out of the ground on the City Hall grounds and was advised this was from the air conditioning system and a sprinkler head vas probably broken. This would be looked into and corrected. * # * # # R # # * * # # * 3. Ammesraaeea: A. Snsam Podzaaky to disease Christmas celebration io AtLatic leach Hs. Podzamsky presented a proposal for a Christmas program to be presented on the City Hall grounds. She outlined several opt lone covering such ac[ivitlea as Christmas Tree lighting, carolling, elves to do face painting, Santa Claus, etc., along with their related pritea. She had also made plans for signs and posters to be submitted by the Atlantic Beach Elementary School children. Commissioner Cook said while he supported the idea, he had sox concern about whether the city could put on such a program without risking complaints from those apposed to such a religions program. It vas generally felt this would be good for the city and would include a large segment of the community. Further discussion ensued and it vas agreed monies would be transferred to an account for the purpose of providing Christmas activities on the assumption reimbursement would be made from fees raised by the Parke and NAME OF COMMAS. M S V Y V N tIINBLBS OP TB6 REGOLAR 10?RTING O! THK ATI.AYTIC DRACB CITY COM- NISSI011 HlB.D AT CITP BALL Ot ADCDST 28, 1989, AT 7a5 PN PRESBNT: William I. Gulliford, Mayor/Co®isefoner Robert B. Cook, Sr. Glenn A. Edrards Alan C. Jensen Adelaide R. Tucker, Commlesionere AND: Rim D. Lelnbach, City Manager Mark Arnold, auba[l toting for Che interim City Attorney who was 111 Maureen King, City Clerk ME OF COMMBS. M O T I O N S E C O N D V O T E D Y E S V O 7 E D N O The meeting vas called to order by Mayor Gulliford. The invocation, offered by Commies inner Cook, was followed by [he pledge to the flag. 1. ~Apprmal of the mim,tea of the regular meeting of August I6i 1989 amd emecial aeeting of August 21, 1989 Cook : Notion: Approve mlmtea of the regular meeting of August 14, Bdrarda : z 1989 Jensen z : Tucker : No discussion before the vole. The motion carried unanimously. Gulliford z Cook z Notions Approve minmtes of [be special meeting of August 21, Rdrarda z z 1989 ~ Jemen z Tucker z z No discussion before [he vole. The motion carried unanimously. Gulliford z * # t # t # # # # # # A[ this time Nayor Gulliford introduced Florida Stale Aepresentatlve, Joe Aznall, who was In [he audience. k * * i # # # * # * # 2. Recognition of Visitors: Lois Ne1se, 253 Seminole Road, presented a petition with l75 signatures opposing the nev neon lighting which had recently been installed et [he Sea Turtle Inn. She said a permit had been issued for a sign end Sn her opinion the light did no[ conform [o Che requirements of [he city code and requested the perms[ be revoked. Jan Johnson of Jacksonville Beach, and MorC Bansen, 2028 Selva Madera Cvurt, both of wham are actively involved with the Greenpeace organization, ezpresaed objections to the light based on the negative affect S[ would have on the sea turtle ha[chlinga. they hoped the Sea Turtle would voluntarily discontinue the use of the light, and if no[, Chey requested revocation of the permit. Others who ezpreased obj ec[!on to the light were Penny SSngletvn Reilly, 159 Third Street; George Santiana, 239 Beach Aveove; Cliff Yayne, 51 Beach Avenue; Dot Neisa, 99 Beach Avenue; and Ron Gray, 63 Beach Avenue. clli or sruarlc aetca REGOLAR I~TIAG, aOaDAy SeyiHgBY I1, 1989 call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of August 28, 1969 budge[ meeting of August 28, special meetings of August 31, and September 5. 1989. 2. aecogaition of visitors: 3. prne3sstloss: A. Atlantic Seach, Neptune Beach and Jacksonville Beach jointly proclaiming September 17-23, 1989 as Constitution Week B. Proclamation declaring Novenber 15-25, 1989 as Stay A11ve Week 4. Appearsneem: A. Request from William Trotter, president of American Lighthouse Historical Society, asking for $5,000 or any portion [hereof, to be used for advertising purposes for the American Lighthouse HSatorical Society 5. acv aueinesa: A. Stftus repor[ on Sect icn H (William Howell) B. Diicusaion and related ac[Svltfea of Treaca property (Mayor Gulliford) C. Public hearing foz the purpose of considering the proposed 1989-90 budget for Atlantic Beach 6. Cosmd[tee Reportm: A. Coomiseioner Edwards, Chairman of the Avarde Committee with a repor[ and reco®endatione regerding bidding on construction of Sturdlvant St. and repaving of existing streets 7. aesolntiwe: A. Resolution t89-43 appointing the Clerks, Deputies, and Inspectors for the City of Atlen[ie Beach biennial election and setting their compensation 8. Action w Ordinances: A. Second reading and public hearing of Ordinance t95-89-42 prohib l[Sng theft of Stems from recycling containers B. Second reading and public hearing of Ordinance /80-89-42 amending SsWact fees for car washes 9. City Naaager Reports asd/or Correspomdence: A. Report concerning Roberta Nt. Pisgah Church 10. asyor to ull w City Co~lssiomers, City Attorney and Cd[y Clert: Adjournment ~. ~ m ~~ N ~~ ~_ 'S ,~ `~' V~1` '`.~~~ ~~ ~ ~a ;v M ~_ ~ o Z~ 1 ~~~ ~ ~ti ~~ v ~~ ~~ ~v~ ~ ~~~ ~Alart~c b~eaek - ~laKUta e. o. eoxrs ATLANTIC BEACH. PI4i0)A8ffi9J TELtPXONE 19011 fMta96 September 6, 1989 T0: RSm Leinbach, City ilanager _ ^ FRON: Rose H. Blanchard, Perks b Recreation Director ~1J' RE: ROBERT NT. PISCAH PROPERTY,. On Sep[. 1, 1989, per your direction, I began investigating the property on Church Road, Atlantic Beach, regarding it's prospective use by the City. I found several pieces ¢f mpa, Deeds, etc. that seemed to be questionable. I spoke rich Me. Nioda Edgara in the Map Room of [he Property Appraiser's office on Sept. 1, 1989. The following information cones from her. The property described in P.E 1172324 as 150' X 145' belongs to ROBERT HT. PISGAH CHURCH. It Ss currently appraised at ;8,600 and HAS NO ROAD FRONTAGE. A copy of our microfiache measures the property et 145' X 180'. After further ques tfoning, Ns. Edgara finds that the 30' piece of property that IS road frontage, is part of RE /169413 and belongs to EDNARD LONG of 2020 CECIL ROAD. I[ vas pruchased in 1986 for ;9,000 and ie PART of the property de- scribed as RE 1169413, and ie on BOTH SIDES OP CHURCH ROAD. After procuring a copy of the APPRAISAL of [he MT. PISGAN PROPERTY and finding descrepancies therein, I vent to see Mr. Richard Hamilton, MAI end he gave me a copy of the plat map given to him by the fozmer City Manager, Richard C. Fellows, which DOES indeed show [he property as 180'. It DOES NOT show the property ae split over- ' ship betreen the Church and Nr. Long, therefore [he appraisal is incorrect, as ie. ~. In order to iaeuze [hat this Department had covered all bases, I asked Mr. Claudia Hogana, Division Chief of Public Works and resident expert about this City, to accompany me to the properly and measure 1[ off with [he walking wheel measure. - 4e found that the Nt. Pisgah property measures 145' R 150' and 30' is ROAD FRONTAGE the[ belongs to Mr. Long. There is a SS' Right of Nay. NI[h your authorizac ion, Nr. Bogana and I went to speak with Mr. Long regarding his 30' road frontage property. Ne inquired whether or not he wen interested in selling this piece and if eo, how much. His answer wan he moss willing to sell the 30' road frontage to the Clty of Atlao[ic Beach for ;1,000 (One Thousand Dollars) total (no closing costa or any other coats, just that amount Sn hand). Ne informed Mr. Long [hat someone from the City would contact him as soon ae a decision vas reached. Nith the full 180' of property fronting Church Road, adjacent to Donner Park, this Deparcmen[ would ISke to nee a Community Center rich SO!ffi parking be erected on [he property. Th1e mould serve the purpose of providlmg [he children and younge to rs of [he area ri [h a severely needed center. There ie NO PLACE within [he Confines of Donner Park rhere the children may "recreate" out of [he elements of [he reacher. THIS FINAL REPORT NAS CONCLUDED ON SEPT. 6, 1989 4' ~'~-_-• AOBHRTS ?affiS'f P15Gd11 AFRLCA\ MH'CFIODf S'1' HPISCOPAL CFiURC13 1915 Jordan Se re et Aclan[ic Beaci~. F'lo:ida 72233 Tire Reverend Melvin d. Kea ne rly, ?;.Div. Pastor Church Phone Aeside ace (904) 246-4475 (904) 751-0173 August 3l, 1989 Dear Council: We, [he officers of Robet[s N[. Pisgah A.M.F.. do herebv place the land which is connected co the park for sale. We offer Chis land to the city of Atlantic Beach for the price of $12,000. The ci[v will pay all closing costs. IC is also requested that the same clause be added as it apppears in the exiscing park deed. _ :; J ~.`.? r_. 1959 "Giving COD All of the klonor, A11 of [hc Glory and All of chc Praise" w CITY OF ATLANTIC BEACR CITY COMMISSION METING STAFF REPORT AGeI~A ITEM: Proposed purchase of Roberts Mount Pisgah Af rlcan Methodist Episcopal Church prop~e r/ly SOIQQIT® BY: Kim D. Leinbach, City Managers ~~ DATE: September 7, 1989 BAC[GRl10ND: The City of Atlantic Beach has discussed over [he course of several months the possible purchase of property o-med by Roberts Noun[ Pisgah African Methodist Episcopal Church adjacent [o ]ordan Park. I understand an offer by the city in [he amount of 510,000 vas made [o church officials but ultimately vas rejected by [hea upon discovering an appraised value for the land in the amount of approximately f14,000. Recently I visited with Reverend He loin A. Kennerly and i[ vas agreed a compromise offer of 512,000 (net) would be acceptable with the specified condition [he property would be used for park purposes only and if not, the property would revert [o the church. See [he attached correspondence. Upon referring the matter co Parks and Recreation Director Rose Blanchard, it appears her research has discovered confusing, if not questionable information. You will note from the attached report it ~. seems a thirty (30) foot section of property abut[ ing Church Street is not owned by Roberts Mount Pisgah. Apparently [his portion is owned by Mr. Edward Long, 2020 Cecil Road. F'i thou[ frontage particularly for parking purposes, the property is not nearly as desirable. As a matter of information, Mrs. Blanchard, at my request, asked Mr. Long whether he would be interested 1n selling the thirty (30) foot scrip and ve were advised in the affirmative for a net cost of SI,000. ! Also, you should be advised, according to Finance Director Harry Royal, funds have not been allocated for this purpose and would have to be taken j from our reserve account if we proceed. REW!!®IDATIOR: I believe the subject property (adjacent to the park but also accessing Church Street) is desirable for providing parking area as well as additional park usage space. However, I think a plan for development should be provided by the Parks and Recreation Board/Department to ascer[zin [rue need. If this is shown and the information provided above is accurate, I recommend budgeting [he funds for purchase at a cost of 512,000 plus closing costs. All expenses for acquisition of Mr. Long s property (51,000 plus closing) should be deducted from the offer as submitted by Roberts Mount Pisgah African Methodist Episcopal Church. A'PYAC81P1YTS: Le[[er dated 8/31/89 from Reverend Kennerly offering the subject property in the amount of 512,000. Report from Rose Blanchard dated 9/6/89. Agenda Item' 9A ~.~ _ _ ~,.Y.~.~~_r. I ~~ _ SEPTEMBER M1CR0 ~ blae~tl~ M b~ ~~~