07-27-81 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
July 27, 1981
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of July 13, 1981
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board - Commissioner Van Ness
A. PUD Application of Neptune Development Corporation - Meeting of
July 21, 1981
5. City Manager's Report
6. New Business
7. Unfinished Business
8. Report of Committees
A. Bench proposal between the City of Atlantic Beach, Metropolitan
Systems, Inc. , and Jacksonville Jaycees, Inc. -
Commissioners Minton and Van Ness, and Mr. Ball
9. Action on Resolutions
A. Resolution No. 81-9 - Department of Community Affairs -
Financial Assistance for Community Services Act
10. Action on Ordinances
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON JULY 27,1981 AT 8:00 P.M. V V
PRESENT: William S. Howell, Mayor-Commissioner O 0
Alan C. Jensen T T
E E
L. W. Minton, Jr. D D
Catherine G. Van Ness, Commissioners
AND: A. William Moss, City Manager M S
Oliver C. Ball, City Attorney
Adelaide R. Tucker, City Clerk 0 E
T C
ABSENT: James E. Mhoon, Commissioner I 0 Y
NAME OF O N E N
COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Minton, was followed by the pledge to the flag.
Approval of the Minutes of July 13, 1981
Jensen x x
Motion: The minutes of the regular Commission meeting of July 13,198. Minton x x
be approved as submitted. VanNess x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Advisory Planning Board- Commissioner Van Ness
Commissioner Van Ness reported that the Advisory Planning Board met on
July 21, 1981 with Mr. Taylor, Neptune Development Corporation. He will
come back at the next meeting on August 4, 1981 and present more detailed
drawings. They also had continuing study and discussions on the 701 project.
She invited all interested parties to attend the next meeting on August
4, 1981.
City Manager's Report-Mr. Moss verbally presented items #1 through #8
Item.#1-Complaints Regarding Dogs at the Beach
In response to complaints regarding dogs at the beach during the Commis-
sion meeting of July 13, 1981 the City Manager offered the following
alternatives for the City Commission's consideration:
1. Adopt an ordinance prohibiting dogs on the beach at any time
throughout the year, or during certain seasons.
2. Adopt an ordinance prohibiting dogs on the beach during certain
hours of the day, such as between the hours of 8:00 am and 6:00 ,
p.m. , and perhaps, all day on weekends.
3. Concentrated enforcement of Section 4-4 of the City Code - the
city's existing lease law.
4. Increase the effort to clean the beach with City crews and
equipment.
5. Do nothing.
PAGE TWO V V
MINUTES Names of
JULY 27, 1981 Commrs. M S Y N
City Manager's Report - continued - Item #1 - dogs
Mr. Moss stated that the option of total ban is probably the most
controversial approach. It would, however, provide the most effective
solution to potential health problems. Citizens participating in the
discussion were: Jeff Montanye, 1731 Beach, Dorothy Bertram,339 6th,
Hank Stevens, 10th and Ocean, Phil Jotto, 331 Seminole, Jean Holmes,
10 10th St. , Jim Byrd, 297 Magnolia, Ken Heindel, 440 Ocean Blvd. ,
Heather Barkoskie, 16th St. , Bill Gulliford, Ocean front, Ron Gray,
63 Beach, Ray Salman, 1633 Park Terrace, Chris Lawrence,309 2nd,
Durward Hawkings, 1220 E. Coast Drive, Leon Russell, 447 Ocean Blvd. ,
Dr. Tom Smith, Dentist from Mayport, Jack Feather, 494 Beach,
Dr. John McCall, 31 5th St. , Terry Balara, 1035 E. Coast Drive,
Ralph Brown, Ocean Blvd. , Robert Persons, 311 10th St. , Candy
Nordan, 1160 Beach, Jody Richards, 42 11th, Rose McCall, 31 5th,
Phil Robinson, Magnolia, Ester Hayes, 620 Ocean, and Ralph Bell,
366 Beach. Dr. Smith, a dentist from Mayport said that three types
of worms can be caught from larva contained in dog feces, and that
women could contract vaginal infections from bacteria contained in
dog feces. Dr. John McCall, a gynecologist for thirty years, stated
that he had never come across a vaginal infection caused by dogs.
He added that he had also conferred with other physicians and dentists
and they agreed that dogs do not pose a health problem. Mr. Raymond
Salman stated that the city has no dog problem - they have a people
problem. The opponents of a beach dog ban offered alternative
suggestions including issuing licenses to Atlantic Beach residents
only to walk their dogs on the beach; enforce the existing leash law;
require residents who walk their dogs on the beach to use "pooper
scoopers" to clean up after their dogs; limit dogs on the beach to
certain hours; and impose fines of $100 for first offense and $200
fines for second offenders of the leash law. Proponents of a beach
dog ban cited several reasons for banning the dogs: being intimidated
or having their children intimidated by unleased dogs; Jim Byrd stated
that he had been bitten twice in the past five years; dogs urinating
on their possessions or persons, and the threat of disease from dog
feces in the sand. Both sides of the issue agreed that litter on the
beach from humans, such as diapers, beer and drink cans, picnic papers,
etc. posed a serious problem also.
Mayor Howell suggested and the Commission agreed to direct the City
Manager to come back at the next meeting and advise the Commission
what law he thinks can be enforced. He added that if we can't
enforce a leash law maybe a total ban on dogs is unenforceable also.
The City Manager will present his report at the Special Called meetirg
on August 3, 1981 at 8:00 p.m.
Item #2-Proposed Method of Obtaining Engineering Services-Community
Development Block Grant Program
Mr. Moss stated that the City of Atlantic Beach has received approval
of $465,000. for the Community Development Block Grant Program. He
requested authorization to solicit proposals for engineering serviceE
for the CDBG program.
PAGE THREE V V
MINUTES Names of
JULY 27, 1981 Commrs. M S Y N
r... ,
City Manager's Report - continued - item#2
Motion: Authorize the City Manager to solicit proposals for Jensen x x
engineering services for the Community Development Block Minton x
Grant Program. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Item #3-Authorization to establish administrative activity for the
Community Development Block Grant Program
Mr. Moss furnished background information of the program that includes
$30,000 for general administration. This consists of $5,000 for in-
kind services or contributions for the City, and $25,000 from the
grant. $7,000 is already committed to pay the consultants for their
services required for the final grant application, leaving a balance
of $17,000 in federal funds for administration. Additionally, the
amount of $5,000 has been allocated for code enforcement activities
required for the $196,000 housing rehabilitation program. He said
the City has until June 9, 1982 to commit all CDBG funds, and requested
authorization to establish the temporary administrative organization
within the budgetary constraints of the CDBG budget in order to
immediately implement the program.
Motion: Authorize the City Manager to set up the necessary Jensen x
administrative apparatus to assure substantial completion Minton x x
of the grant program by June 9, 1982. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Item #4-Proposed FY 1981-82 Budget Schedule and Adoption of the
Proposed Millage Rate
The City Manager presented background information on the property
appraiser's requirements for establishing the millage rate and he
offered a proposed budget schedule for the 1981-82 year. Mr. Moss
recommended that the City Commission adopt a proposed operating
millage rate of 3.9550 per $1000 taxable value, and a proposed debt
service millage rate of .5676 per $1000 taxable value. He added that
3.9550 is the same rate as last year, however, with an increase in
values caused by new constructions, additions, annexations, etc.
revenue will increase even though the millage does not increase. The
State of Florida considers this type of increase to be a tax increase.
Mr. Moss said that the new public works facilities was budgeted
$100,000 for the current year, and the new estimate is now $193,000
excluding architectural services, etc.
Motion: Authorize the City Manager to notify the Property Appraiser
that the City Commission adopt a proposed operating mill-
Jensen
age rate of 3. 9550 per $1000 taxable value, and a proposed Minton x x
debt service millage rate of .5676.
Van Ness x x
Approve the FY 1981-82 budget schedule. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FOUR V V
MINUTES Names of
JULY 27 , 1981 Commrs. MS Y N
City Manager ' s Report - continued - Item #5
Item #5-Placement of trailers for the purpose of building
homes - temporary basis
The City Manager advised that he had received a request
from Mr. Alan Hutchinson to install a trailer for the
purpose of storing materials while constructing his home .
The trailer will be placed on lot #3 of blks 219 and 220
Section H, and the house will be located on lots 4 and 5 ,
between Begonia and Tulip . Mr. Hutchinson asked the Mayor
what could be done about a road running through his pro-
perty. Mayor Howell said that if the road is city owned
and is encroaching on his property, the city will move
with all due speed to put the road in its proper location .
Motion: Approve the request by Mr. Alan Hutchinson to Jensen x x
place a construction trailer on a temporary Minton x
basis on lot #3 of Blks 219 and 220 , Sec H until Van Ness x x
construction is completed on his home . Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #6-Authorization to disburse $5 , 735 . 08 to Bessent ,
Hammack & Ruckman, Inc. for CDBG-relating consult -
ing services
Mr. Moss noted that the City has entered into an agree-
ment with BHR Consulting and Design Engineers to prepare
the final HUD application for the Community Development 4
Block Grant for an amount not to exceed $7 , 000 . He
requested authorization to disburse $5 , 735 . 08 to BHR for
work to date .
Motion : Approve payment , in the amount of $5 , 735 . 08 , to Jensen x
Bessent , Hammack and Ruckman, Inc. for services
to date on the Community Development Block Grant Minton x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Item #7- Request by Eberling Builders , Inc. to place a
"sales" trailer at 19th Street and Seminole Road
The City Manager reported that Mr. Randolph Eberling has
requested authorization to place a trailer , to be used
as a sales office, at the corner of 19th St . and Seminole
Road for approximately six to nine months . The area is
zoned single family residential. Commissioner Jensen said that
the property in question is Mr. George Bull's "commercial tract"
and it is doubtful if Mr. Eberling owns the property now. He added
that he was very much opposed to the request.
Jensen x
Motion: Deny the request by Mr. Randolph Eberling to place a
trailer at the corner of 19th St. and Seminole Road to
be used as a sales office.
The motion died for lack of a second.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FIVE V V
MINUTES Names of
JULY 27, 1981 Col-Emirs. M S Y N
City Manager's Report - continued - Item #7- Eberling Builders
Commissioner Van Ness agreed with Commissioner Jensen that she did
not want to see any type of commercial precedent set on that corner.
Mayor Howell asked if the requested location for the trailer is in
the development area and Commissioner Jensen said no. Mayor Howell
instructed the City Manager to advise Mr. Eberling that a motion for
denial died for lack of a second and no other motion was made, so
no action was taken. If Mr. Eberling desires to place the trailer
in the area that is being developed and come back with his request,
the Commission will be happy to consider the matter.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE SIX V V
MINUTES Names of
JULY 27, 1981 Commr s. M S Y N
City Manager's Report - Item #8
Mr. Moss: I apologize for not having a written report before you
on a subject concerning emergency authorization to acquire
certain supplies for the Public Safety Department. We
have been under some criticism regarding certain equip-
ment in the Public Safety Department. Through our research
we think we can rectify most of the concerns by the
purchase of a 120' tower, a repeater system, and new
fire gear for our officers. As of today, we estimate the
total cost of the equipment to be approximately $6,277.0C.
I would like to proceed with the purchase of this equip-
ment immediately. This will satisfy two concerns: 1)
Again, gets us upgraded in our equipment and 2) some of
these are mandated by State law for communications in
the Police Department so if we don't do it now, we will
have to do it very soon. This concerns the repeater
system we are establishing. We are also making efforts
to improve or to sustain our fire rating and again this
will have some effect upon that. Next year for our Public
Safety Department I anticipate we will need certain
other equipment such as protective air masks or air packs
as we call them, possibly to purchase alert monitors
to notify public safety officers of emergencies at their
homes--they send out a buzzer of some type, and possibly
some replacement of police cars.
Mayor
Howell: Are you requesting permission to buy this equipment or
just to call for bids:
Mr. Moss: I am requesting permission to go out and buy the equip-
ment right now. I would like to get the equipment on
order to satisfy the Grand Jury upon presentation that
I believe I will make in a week or two.
Comm.
Minton: I so move. I know that we would be setting a precedent
without going out for bids, but a presentment has been
made.
Mr. Ball: I don't know, Weston, this is a competitive item you
are purchasing. Will it be over $1,000?
Mr. Moss: Yes, we are estimating the tower will include for all
the materials and labor will be about $2,000, and the
new fire gear estimated at $215. per man will run over
$2,500.
Mr. Ball: I think we are confined to our bid statutes. Maybe we
could be expedited. Could you have the bids back by
next Monday?
PAGE SEVEN V V
MINUTES Names of
JULY 27, 1981 Commrs. M S Y N
- _ - <
City Manager's Report - continued - Item #8
Mr. Moss: Well, not the way I handle bids.
Com.
Minton: Is there any way that we could waive this bid procedure
at this time and go ahead and proceed on the presentment
and the improvements and the equipment without subjugatirg
ourselves to recourse from some outside?
Com.
Jensen: Let me speak to that. I think it would be very advisable
for everyone on the City Commission to read Section
905. 16 and Sec. 905. 19 of the Florida Statutes which
sets forth the duties and responsibilities of the Grand
Jury and of the State Attorney advising the Grand Jury
and this quote "presentment" that we have received from
the State Attorney's office is completely outside the
limits of their responsibilities and of their duties in
my personal opinion reading what their duties are set
forth in the statutes. I am not saying that I don't
think we should make all the corrections. Buy any new
equipment that is necessary. Lord knows, you all know
I have been up here every year trying to get as much for
the Police Officers as anyone, probably more so. I
think that we should get the equipment as soon as possible,
but it irritates me very much to have this presentment
come out, which in my opinion, is totally outside the
duties of that Grand Jury, and for us to act in haste
and disregard our own City Charter and city requirements
as far as bidding requirements and that type of thing
out of fear of reprisal from a Grand Jury which I believe
is acting outside of the scope of their authority. I
submit that we should do this as fast as we can, but we
should do it within our own city adopted guidelines.
Com.
Minton: Then you want to put it out for bids?
Com.
Jensen: Yes, put it out for bids.
Mr. Moss: Yes Sir. I don't need any official action for that.
Mayor
Howell: Call for bids. If you can get them in some way next
Monday night, then get them in.
PAGE EIGHT V V
MINUTES Names of
JULY 27, 1981 Commrs. M S Y N
- . -
Report of Committees
A. Bench proposal between the City of Atlantic Beach, Metropolitan
Systems, Inc. , and Jacksonville Jaycees, Inc.-Commissioners
Minton and Van Ness, and Mr. Ball.
Mr. Moss advised the Commission that he had only received the
modified proposal recently. He found no objections to the proposal.
Commissioners Minton and Van Ness agreed that if the proposal meets
all the criteria of the committee on the wording, etc. and the
City Attorney they would have no objections.
Motion: Contract be approved and signed by the appropriate Jensen x
Minton x x
officials. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Action on Resolutions
A. Resolution No. 81-9 - Department of Community Affairs-Financial
Assistance for Community Services Act
Mayor Howell stated that the Resolution is the same joint resolution
that the city had last year.The intent is to have the City of Jacksonville
Beach and the City of Atlantie Beach submit a joint application for
funding to support the Mental Health Resource Center.
Mayor Howell presented and read in full Resolution 81-9, A Resolution
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.
Jensen x
Motion: Passage of said Resolution. Copy of Resolution 81-9 is Minton x x
attached hereto and made a part hereof. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. Resolution No. 81-10.
B. Mayor Howell presented and read in full Resolution 81-10, a
Resolution amending Resolution No. 69-10; pertaining to increasing
the assessment of court costs for the education and training of
police officers.
Jensen x x
Motion: Passage of said Resolution. Copy of Resolution 81-10 is Minton x x
attached hereto and made a part hereof. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE NINE V V
MINUTES Names of
JULY 27, 1981 Commrs. MS Y N
Action on Ordinances
A. ORDINANCE NO. 80-81-19 (EMERGENCY) - AN ORDINANCE TO PROHIBIT OR
CURTAIL CERTAIN NONESSENTIAL USES OF WATER AND TO CONSERVE AVAIL-
ABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND WATER
SHORTAGE EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
The Chair requested that the rules be waived and the Ordinance be
passed on first reading by title only. Commission agreed.
Said Ordinance was presented in full, in writing, and read by title
only, on first reading by Mayor Howell.
Motion: Rules be waived and said Ordinance be passed on first Jensen x
reading, by title only. Minton x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
ORDINANCE NO. 80-81-19 (EMERGENCY) - AN ORDINANCE TO PROHIBIT OR
CURTAIL CERTAIN NONESSENTIAL USES OF WATER AND TO CONSERVE AVAIL-
ABLE WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND WATER
SHORTAGE EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented said Ordinance in full, in writing, and re-
quested that the rules be waived and the Ordinance be passed on
second reading, by title only.
Jensen x x
Motion: Rules be waived and said Ordinance be passed on second Minton x x
reading, by title only. Van Ness x
Mayor Howell set the Public Hearing for August 3, 1981 which is Howell x
on Monday. He called for a special meeting to be held at 8:00p.m.
for that purpose.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
Commissioner Van Ness asked, in connection with the above Ordinance,
would it be proper at this point, to go ahead and authorize the
type of designation that we are going to give each building or home
that operates on a heat pump. Mayor Howell stated that Mr. Moss would
have that answer at the next meeting.
Mayor Howell announced that this was the last meeting for Commissioner
Mhoon. His resignation becomes effective on August 1, 1981. He
suggested that anyone interested in taking over the last few months
of that term will please notify the City Clerk of their intentions.
The City Commission will have to meet sometime between August 1 and
15,1981 to appoint a Commissioner to fill the vacancy.
•
PAGE TEN V V
MINUTES Names of
JULY 27, 1981 Commrs. M S Y N
Miscellaneous Business
The City Attorney advised that he had reviewed the employment
contract between the City of Atlantic Beach and the City Manager,
and it is very close to the tapes of the final interview when he
was offered the job. Mr. Ball found no fault with the contract and
he turned copies over to the Commission for their review.
Mr. Ball asked the Commission to consider taking action on the
City Manager's moving expenses.
Motion: Upon proper documentation to the City Treasurer, the Jensen x
City Manager be reimbursed for his moving expenses not Minton x x
to exceed $1,500. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell asked that if anyone knows of a businessman, a sub-
contractor or a real estate broker that would like to serve on the
City's Code Enforcement Board to either call or send in their names.
Hopefully, new appointments can be made at the next regularly sche-
duled meeting.
The Mayor reminded everyone that there will be a special called
meeting next Monday night, August 3, 1981 at 8:00 p.m. The Commission
will meet in special session for a public hearing on the water
ordinance and any other emergency business that may come before the
City Commission.
There being no further business, the Mayor declared the meeting
adjourned.
4
//
„illiam S. Howe
(SEAL) Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk
1111CITY OF
4 'Mastic ilea) Raid*
716 OCEAN BOULEVARD-DRAWER 25
ATLANTIC BEACH, FLORIDA 32233
(904) 249-2395
July 31, 1981
SPECIAL CALLED MEETING
CITY COMMISSION OF ATLANTIC BEACH, FLORIDA
This is to advise that there will be a special meeting of the City
Commission on August 3, 1981, at 8:00 P.M. , for the purpose of
holding a public hearing on an ordinance to prohibit or curtail
certain nonessential uses of water and to conserve available water
resources during a declared water shortage and water shortage
emergency. Additionally, the City Commission will be presented a
City Manager's Report concerning the issue of dogs on the beach,
and any other matters which may be an emergency issue.
A. William Moss
City Manager
AWM:jl