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02-09-81 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA February 9, 1981 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 26, 1981 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report 6. New Business A. Mrs. P. J. Shirley re Jacksonville Electric Authority rates 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 95-81-22 - An ordinance amending the last paragraph of Section 2 relating to legal services for the Codes Enforce- ment Board (Ordinance No. 95-80-21) - 3rd and Final Reading - PUBLIC HEARING 11. Miscellaneous Business 12. ADJOURN - MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON FEBRUARY 9, 1981 AT 8:00 PM V V O O LESENT: William S. Howell, Mayor-Commissioner T T Alan C. Jensen E E James E. Mhoon D D L. W. Minton, Jr. Catherine G. Van Ness, Commissioners M S AND: Bill M. Davis, City Manager 0 E Oliver C. Ball, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of January 26, 1981 Jensen x Motion: The minutes of the regular Commission meeting of January 26, Mhoon x x 1981 be approved as submitted. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x City Manager's Report . Davis verbally presented his report stating that he had been advised . ..at the City has been successful in its preapplication for CDBG funds. He respectfully requested permission for the Mayor and the City Manager to sign on behalf of the City a completed application form. Jensen x Motion: Authorize the Mayor and City Manager to execute the application Mhoon x x form for the Community Development Block Grant funds. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x New Business A. Mrs. P. J. Shirley re Jacksonville Electric Authority rates The Chair recognized Mrs. P. J. Shirley who stated that she had several pertinent questions to ask the Commission to see what areas they could develop or what the alternatives were to JEA. The first question was what was the relationship of the City of Atlantic Beach and JEA. Mayor Howell answered the City had awarded the electric authority a franchise since 1969 to sell electricity in the corporate limits of the City of Atlantic Beach. The next question was "if Jacksonville Beach and Neptune Beach convert to Florida Power & Light, what is required for Atlantic Beach to also convert.' The Mayor stated that if the City of Jacksonville Beach finalizes an agreement with Fla. Power & Light and actually begins buying power from Fla:- Power & Light, this would put the City of Atlantic Beach to a position of being able to negotiate with the City of Jacksonville if they were agreeable to do so, to take over a franchise in the City of Atlantic Beach, for the purpose of selling electricity. He added' PAGE TWO r MINUTES V V Names of FEBRUARY 9, 1981 Commrs. MS Y N New Business - continued - Mrs. Shirley that he had some initial discussions with the City of Jacksonville Beach along those lines, but that nothing could be finalized until their plans are finalized, and the City of Jacksonville Beach is actually receiving current from Florida Power & Light. A citizen asked how the situation looked and the Mayor answered that the City of Jacksonville Beach was moving forward, and had met with some bond counselors in regardsto a bond issue that they will have to float in order to build the transmission line. Mayor Howell was asked the time frame and he stated approximately two years. Mrs. Shirley asked. the Mayor if it would be feasible for the City of Atlantic Beach to purchase the distribution system and go into the business. The Mayor said no, that besides having to buy the system, you would have to fini a supplier for electricity,as to continue to buy from JEA would only raise the cost of electricity. If the City tried to have its own maintenance, line work, etc. we would not gain. The Mayor voiced the opinion that the best route to follow is the possibility of another franchise with someone who is able to provide current at a lesser rate, and added that the reason Fla. Power & Light is able to provide a lesser electrical rate is that they have a mixture of generating systems, nuclear, oil, and coal. The City of Jacksonville is entirely dependent on oil. The next question Mrs. Shirley asked was did Atlantic Beach pay a higher rate than Jacksonville Beach, and Mayor Howell answered that the light bills from Atlantic Beach are the lowest in Duval County, and explained that in 1977, due to the increase in costs, the City of Atlantic Beach lowered the utility tax they collected fron the City of Jacksonville franchise, from 8% to 5%. He added that the City is now monitoring the revenue collected from the franchise fee from the City of Jacksonville, and if they find that the anticipated revenue from the City of Jacksonville franchise is going to create a windfall for the City in that income area, the City Commission will again lower the utility tax. At this time, Mrs. Shirley presented to the Mayor a petition against the exorbitant rates for electrical power charged by Jacksonville Electrical Authority, that suggested consideration of change to receiving service from Florida Power and Light for the Beaches Area and was signed by 1,536 residents. The Mayor accepted the petition and stated that the Commission was cognizant of the problems of the electrical rate, but the City Commission can do nothing about it until an alternative power supply is available. The City has done every- thing they can do, and will continue to do, in whatever way they can, to lower the electric costs for the City of Atlantic Beach. Action on Resolutions A. Resolution No. 81-2 nhe City Manager presented and read in full Resolution No. 81-2, a .tesolution of the City Commission of the City of Atlantic Beach, Florida, authorizing and directing the Mayor to sign an agreement with the State of Florida department of Community Affairs under the } Florida Financial Assistance for Community Services Act. PAGE THREE V V MINUTES Names of IPirt FEBRUARY 9, 1981 Commr s. M S Y N Action on Resolutions - continued Jensen x e of said Resolution, Mhoon x Motion: Passage Copy of Resolution No.81-2 Minton x x is attached hereto and made a part hereof, Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Resolution No. 81-3- The City Manager presented and read in full Resolution 81-3, a Resolution authorizing the transfer of money for payment of fire apparatus and the borrowing of funds for repayment thereof, Mr. Davis added, in keeping with passage of Resolution 81-3, he requested that the Commission, on emergency, authorize the purchase of the fire apparatus, and waive the rules for bidding, Motion: Declare an emergency; waive the rules for bidding, and authorize the purchase from Emergency, One, Ocala, Florida, Jensen x x a fire engine, triple combination, Class A pumper, for $58,000, using the $6,850.00 insurance reimbursement from Mnto x loss of the City's fire truck to help purchase the new Minton x engine. Approve the transfer of funds as listed in the Van Ness x x Howell x Resolution. 411 Copy of Resolution No. 81-3 is attached hereto and made a part hereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances Ordinance No. 95-81-22 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE LAST PARAGRAPH OF SECTION 2 OF ORDINANCE NO. 95-80-21 (CODES ENFORCEMENT ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA) RELATING TO LEGAL SERVICES FOR THE CODES ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read on third and final reading by Mr. Davis. Said Ordinance was posted in line with charter requirements. After the reading, the Mayor opened the meeting for a public hearing. As no one spoke for or against, the Mayor declared the public hearing closed. Jensen x Motion: Said Ordinance No. 95-81-22 be passed on third and final Mhoon x reading. Minton x x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell requested that a motion be made to appoint the City •ttorney as counsel to the Code Enforcement Board. Jensen x x Motion: Appoint the City Attorney as counsel to the Code Enforce- Mhoon x ment Board. Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x • PAGE FOUR V V MINUTES Names of FEBRUARY 9, 1981 Commrs. M S Y N Miscellaneous Business Commissioner Van Ness advised the Commission that since the meeting two weeks ago, she has met and discussed with Mr, George Bull, Sr, the Selva Marina Garden subdivision. Mr. Bull has agreed to dedicate the streets in the subdivision to the City. Commissioner Van Ness then moved for a reconsideration of Selva Marina Garden, Mayor Howell explained, for the benefit of the audience, that Commissioner Van Ness was moving to reconsider the motion that was taken at the last meet- ing which was not approved by the City Commission on a 3 to 2 vote, Mrs. Van Ness was on the prevailing side and therefore, by the code of the City of Atlantic Beach under Ordinance 5-57-1, rule 21, in order to reconsider,the motion to reconsider must be made at the same or next regular meeting. Mayor Howell added that Commissioner Van Ness was well within her rights and the rules of the City Commission to move for a reconsideration of that action that was taken at the last meeting. Commissioner Minton then seconded Commissioner Van Ness's motion. The Mayor then asked for discussion . before the vote. Commissioner Jensen asked if the motion would require another public hearing and posting notice. The Mayor voiced the opinion that the Commission should pass over until the next meet- ing the vote on the matter, and that some form of notice should be published and posted to allow the public to know that it is going to be discussed and voted on again. Commissioner Jensen queried Mr. Ball as to the legal requirements of a thirty day notice. Mr. Ball stated no, that the matter comes under "Robert Rules of Order-section 36 and 37" - no further publication. He agreed that the matter is a serious policy questionfor the City Commission to consider. Commissioner Jensen voiced the opinion that an abundance of caution should be taken and that a minimum 30-day notice be advertised. He stated that no grounds had been presented which would justify a reconsideration of the matter. Commissioner Mhoon agreed with Commissioner Jensen and added that another public hearing should be scheduled for March 9, 1981. Mayor Howell stated that he felt that all the Commission agreed that the reconsideration should be published, and the question asked by Commissioner Jensen was a legal point only. Commissioner Van Ness clarified her reason for voting against the motion two weeks ago. She stated that she was not in disagreement with the use of the land in the area itself, but rather the lack of dedication of the streets, therefore the lack of city approval over the streets. Since then, Mr. Bull has agreed to dedicate the streets to the City with all that implies. Commissioner Jensen commented that if Mr. Bull wants to change his plan he should go through all the proper procedures again, and he felt it was improper to reconsider a plan that would be changed. Mayor Howell asked Mr. Bull if the plans would be changed, and he answered no, he had the plat re-prepared and Mr. Potter had re-prepared all the engineering plans and profiles for the utilities, Lncluding the streets, to meet the requirements of the subdivision Jrdinance. The Mayor then called for the vote. Jensen X Motion as stated above: Move for a reconsideration of Selva Mhoon X Marina Garden. Minton X X Motion carried. Vau Nr-55 X - X - * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell X PAGE FIVE V V MINUTES Names of wi FEBRUARY 9, 1981 Commr s . M S Y N Unfinished Business - continued - Selva Marina Gardens Commissioner Van Ness then made the following motion: Motion: Postpone the reconsideration of the development until the next regular meeting to be held on February 23, 1981 . Commissioner Mhoon made the following amended motion: Jensen x x Amended Motion: Extend the reconsideration, advertise, and hold . Mhoon x x a Public Hearing at the meeting of March 9, 1981. Minton x The advertisement to be placed in the Beaches Van Ness x Leader. Howell x The amended motion failed. * * * * * * * * * * * ;; * * * * * * * * * * * * * * * * * * * * Commissioner Van Ness then rephrased her motion on the floor by add- Jensen x ing the sentence:"The advertisement is to be placed in the Beaches Mhoon x Leader on February 12th and 19, 1981." Commissioner Minton seconded Minton x x the motion. Motion carried. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell pointed out that if there was any doubt in his mind at the meeting of February 23rd that enough time had not elasped for the people to be informed, he might very well be inclined to hold the matter over until the next meeting. Mayor Howell advised that he had received a Resolution passed by the Pablo Kiwanis Club. They are initiating a proposal to institute a Fourth of July celebration at the Flag Pavilion and a parade and asked the City of Atlantic Beach to appoint a representative to meet with them and representatives from the other beach cities and other organizations. The expenses will all be paid for from concession sale proceeds. The Mayor added that if there were no objections from the Commission that he would appoint someone to represent the City. There were no objections. There being no further business, the Mayor declared the meeting adjourned. I (SEAL) l.� 1 . I A.I i a S. Howell Mayor-Commissioner ATTEST: - ! k � __—____—___- Adelaide R. Tucker, City Clerk CITY OF 716 OCEAN BOULEVARD—DRAWER 25 ATLANTIC BEACH. FLORIDA 32233 February 9, 1981 CITY MANAGER'S REPORT The City has been advised that it has been successful in its preappli- cation for CDBG funds. In the near future, we will be called upon to complete an application form to be submitted to the appropriate authorities. I respectfully request your permission to enter into the necessary arrange- ments on completion of an application form should such become necessary at a date earlier than is anticipated. Respea ul submitted, B 1"?/ Dais City Manager BMD:j1 WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner BILL M. DAVIS OLIVER C BALL MRS. ADELAIDE R. TUCKER CARL STUCK! City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works and Fire Department GLENN A EDWARDS RESOLUTION NO. 81-2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AN AGREE- MENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT BE IT HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That the Mayor is hereby authorized and directed to sign in the name and on behalf of the City Commission an Agreement between the Florida Department of Community Affairs and the City of Atlantic Beach under the Florida Financial Assistance for Community Services Act. SECTION 2. That all funds necessary to meet the contract obligations of the city or county and its delegate agencies (if applicable) with the Department have been appropriate and said funds are unexpended and unencumbered and are available for payment as prescribed in the contract. The city or county shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed by other source, i.e. , contributions, other agencies, or organization funds. SECTION 3. This Resolution shall take effect immediately. * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission February 9, 1981 ATTEST: (SEAL) Qdd/7,.1, , Adelaide R. Tuc er, City Clerk • RESOLUTION NO. 81-3 A RESOLUTION AUTHORIZING THE TRANSFER OF MONEY FOR PAYMENT OF FIRE APPARATUS AND THE BORROWING OF FUNDS FOR REPAYMENT THEREOF WHEREAS, the City Charter of the City of Atlantic Beach requires that the City Commission approve all budgetary transfers from one account to another, and WHEREAS, the City of Atlantic Beach budgets its purchasing of fire apparatus and has paid for same as a budgeted capital expenditure within a fiscal year, and WHEREAS, circumstances have created the need for the purchase of said apparatus during a fiscal year in which no capital expenditures were planned, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Atlantic Beach that: SECTION 1. The following transfer be approved in the 1980-81 Budget: ACCOUNT INCREASE DECREASE 01-599-9900 (Unappropriated Cash) $ 51,250 01-522-6401 (Fire Apparatus) $ 51,250 TOTAL $ 51,250 $ 51,250 SECTION 2. The Mayor and the City Treasurer shall, after appro- priate enabling legislation, be authorized and directed to borrow a sum of money on behalf of the City of Atlantic Beach not to exceed Fifty-one Thousand Two Hundred and Fifty ($51,250) Dollars from an appropriate lending institution at an interest rate not to exceed Seven and One-half (711%) Percent. Said money shall be repayable during a period not to exceed the next ensuing three (3) fiscal years from date of this resolution, and said repayments shall be from funds allocated in the Operating Budget for this purpose. SECTION 3. This resolution shall take effect immediately. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission February 9, 1981 . ATTEST: (SEAL) (74in i j�c� � Adelaide R. Tucker, City Clerk