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09-13-82 v • AGENDA CITY OF ATLANTIC BEACH, FLORIDA September 13, 1982 110141 Call to Order Invodation and Pledge to Flag 1. Approval of the Minutes of August 23, 1982 Approval of the Minutes of the Special Call Meeting, August 30, 1982 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board A. Appointments to the Advisory Planning Board 5. City Manager's Report 6. New Business 7. Unfinished Business A. Public Hearing on Planned Unit Development - Lot 683, Saltair Section 3, Chuck Hardman Builders. B. Public Presentation by Auditing Firms 8. Report of Committees A. Verbal report of the Sewer Plant Coimnittee. B. Verbal report of the City Clerk Search Committee. 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 70-82-10 - Levying a Ten Percent Tax on Purchase of Telephone Service - Third and Final Reading B. Ordinance No. 80-82-22 - Amending Chapter 19 of the Code of Ordinances, the Same Being Establishing Sewer Service and Connection Charges - Third and Final Reading C. Ordinance No. 90-82-75 - Deleting Chapter 23 of the City Code of Ordinances, the Same Being the Ordinance Establishing the Procedures and Standards for the Development of Real Estate - Third and Final Reading 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON SEPTEMBER 13, 1982 AT 8: 17PM V V O O PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner T T William I. Gulliford, Jr. E E John W. Morris, Jr. D D Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager M S Alan C. Jensen, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I O Y ABSENT: Preben Johansen, Commissioner (due to illness) NAME OF ONEN COMMRS. N D S 0 Mayor Persons called the meeting to order at 8:17 p.m. and apologized for for the delay which was caused by other meetings (interviewing three firms on the sewer project and the City Clerk search committee) . Commissioner Van Ness offered the invocation and prayers for Commissioner Johansen and his family. The pledge to the flag followed. Approval of the Minutes of August 23, 1982 Motion: The Minutes of the regular Commission Meeting of August 23, Gulliford x x 1982 be approved subject to the correction of a typographical Morris x error on page four under Ordinance No. 20-82-37. The minutes Van Ness x x did not show that Commissioner Van Ness seconded the motion. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approval of the Minutes of the Special Call Meeting, August 30, 1982 Gulliford x x Motion: The Minutes of the Special Called Meeting of August 30, 1982 Morris x x be approved as submitted. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Advisory Planning Board Mayor Persons advised that under Section 2. 7 of the City Code, the Com- mission needed to appoint three members to the Advisory Planning Board to serve on staggered terms, and the City Commission should appoint one of its members to serve for a term of one (1) year. He added that Mrs. Ruth Gregg was appointed to the Board on January 25, 1982, and her term will expire on January 25, 1983. The Mayor presented for consideration the following appointments: Greg W. McCaulie Two Year Term to expire Attorney September 13, 1984 354 11th Street Guy Jennings Three Year Term to expire Vice President, Watson Realty September 13, 1985 1747 Park Terrace West Ron Gray Four Year Term to expire Sales Representative September 13, 1986 Solomn Refrigerators 63 Beach Avenue PAGE TWO V V MINUTES Names of SEPTEMBER 13, 19E2Commrs. MS Y N - Advisory Planning Board - Continued Motion:Appoint the following to serve on the Advisory Planning Gulliford x x Board: Gregg W. McCaulie, for a two year term to expire Morris x September 13, 1984; Guy Jennings, for a three year term Van Ness x x to expire on September 13, 1985, and Ron Gray, for a four Persons x year term to expire on September 13, 1986. Motion:Appoint Commissioner Morris to serve on the Advisory Gulliford x x Planning Board for a term of one (1) year, term to expire Morris x September 13, 1983. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x 8:25 P.M. Mayor Persons announced he had received the sad news that Commissioner Preben Johansen had just passed away at Memorial Hospital, and he extended sympathy of the Commission and employees to the family. The Mayor expressed his personal opinion that everyone in the area owed Preben a debt of gratitude that would be very difficult to repay, and he would certainly miss his input at the Commission meetings, * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Unfinished Business A. Public Hearing on Planned Unit Development - Lot 683,Saltair Secticn 3, Chuck Hardman Builders Mr. Moss reported that on August 5, 1982, the Advisory Planning Board reviewed Mr. Hardman's request for a three unit apartment on Lot 683, Saltair Section 3 for a Planned Unit Development under the old zoning Ordinance and recommended approval. The City Commission accepted the PUD as a tentative plan and set the Public Hearing for September 13th. The Mayor then declared the floor open for a Public Hearing and asked for any comments from the floor.Mr. Phil Robinson asked what street the proposed PUD would be located, and Mr. Moss replied at the corner of Pine and Sturdivant, and the lot size was 100' x 107' x 82 front, and 40' in the back. Mr. Robinson opposed the increased density in his neighborhood, and it was explained to him that this Planned Unit Development was accepted under the old zoning Ordinance because the application was made prior to the passage of the new Zoning Ordinance. Mr. Hardman stated that he felt his proposal would help the neighbor- hood, rather than hinder, as he had planned for three (3) 900' units, each with their own garages and driveways. As no one else spoke for or against, the Mayor declared the Public Hearing closed. Motion:Approve the Planned Unit Development application. Van Ness x Amended Motion: Move to amend the motion to approvethePlanned Gulliford x x Unit Development application submitted by Mr. Chuck Hard- Morris x man, on Lot 683, Saltair Section 3, and accept the documents Van Ness x x presented as the "official plan". Persons x PAGE THREE V V MINUTES Names of SEPTEMBER 13, 1Commrs. M S Y N Unfinished Business - continued B. Public Presentation by Auditing Firms Mayor Persons announced for the benefit of the public, that the Com- mission was in the process of soliciting proposals from auditing firmE , and had invited four (4) firms to make a ten (10) minute presentation. They are as follows: Ernst & Whinney, Price Waterhouse, Touche Ross & Company, and Tyson & Swindell.Each firm presented their government experience, audit approach, and offered their services in helping the City to change over from cash to an accrual basis. The Mayor thanked the four firms for their interest. Commissioner Gulliford suggested that the Commission meet as a Committee of the Whole at 7:30 p.m. on Friday, September 17, 1982 before the final public hearing on the 1982-83 budget to discuss the selection of an auditing firm. The Commission agreed. Report of Committees A. Verbal report of the Sewer Plant Committee Commissioner Gulliford reported that they had a presentation earlier of the three consulting engineering firms that were rated by the City Manager and staff, and another meeting will be held soon to rank the three firms. B. Verbal report of the City Clerk Search Committee Commissioner Morris reported that September 15, 1982 at 5:00 p.m. is the deadline for receiving applications. To date, fifty (50) have been received. He advised that a meeting to select the top ten will be held at 6:30 p.m. on September 17, 1982. Action on Ordinances A. Ordinance No. 70-82-10 - Levying a Ten Percent Tax on Purchase of Telephone Service - Third and Final Reading AN ORDINANCE LEVYING A TEN PERCENT TAX ON PURCHASE OF TELEPHONE SERVICE; PROVIDING AN EFFECTIVE DATE Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Persons. Said Ordinance was posted in line with charter requirements. The Mayor then declared the meeting open for a Public Hearing, and asked for comments from the floor. The Chair recognized Mr. George Bull, 1810 Sevilla Blvd. , Apt. #304. Mr. Bull asked if the tax would be only on local service, or would it also include the instruments. Mr. Jack Eslick, manager of Southern Bell Beaches office, answered that Southern Bell does not charge for the instruments now - only service. Mr. Bull strongly opposed the telephore tax. He stated that Ad Valorem taxes are recognized by IRS as a tax deductible where a telephone tax is not. He strongly urged the Commission not to pass the Ordinance. PAGE FOUR V V MINUTES Names of SEPTEMBER 13, 1982 Commrs. M S Y N - Action on Ordinances - continued Mayor Persons recognized Mr. D. L. Goodling, 328 5th Street,who stated that he was opposed to the regressive and discriminating tax on the purchase of telephone service. Mr. Goodling presented his comments, and requested they be made a part of the record. Attached hereto and made a part hereof are the comments furnished by Mr. Don Goodling. He urged the Commission not to pass the Ordinance, and suggested the Commission put the matter on referendum next fall on the City electiors. Mayor Persons thanked Messrs. Bull and Goodling for their comments. Mr. George Zikeli, 573 Royal Palms Drive, also opposed the passage of the Ordinance. Commissioner Gulliford spoke briefly in defense of the telephone tax.Thirty citizens were present.As no one else spoke for or against, Mayor Persons struck the gavel, thereby closing the Public Hearing. Commissioner Gulliford offered the following amendments: Under Section 2. Exemptions. "and any recognized church for use exclusively for church purposes" to read instead "and all recogniz- ed churches of this state". Under Section 3. Duty of Seller to collect. "It shall be the duty of every seller of local telephone service - Add the words"regulated by the Florida Public Service Commission". Discussion followed concerning how the churches will be reimbursed 'or the taxes paid to the telephone company. A definite plan was not determined. Commissioner Gulliford moved for the following motion: Motion:With the offered amendments as described above, move to Gulliford x x adopt the Ordinance, No. 70-82-10. Morris x x Van Ness x Before the vote, Commissioner Gulliford expressed his appreciation Persons x to Mr. Goodling for the great amount of time he spent on researching the Ordinance. Mayor Persons asked the City Attorney if Section 4 that has been amended is legal in its entirety, and Mr. Jensen responced in the affirmative. The question was called, and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 80-82-22- Third and Final Reading AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, THE SAME BEING ESTABLISHING SEWER SERVICE AND CON- NECTION CHARGES; PROVIDING AN EFFECTIVE DATE Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Persons. Said Ordinance was posted in line with charter requirements. The Mayor then declared the meeting open for a Public Hearing. Mr. George Bull inquired why,under Section 2, "sigh density is a greater charge than low density on connection chargEs. 4r. Moss replied that he had not changed the Ordinance, only increasec the charges. As no one else spoke for or against, the Mayor declared the Public Hearing closed. Commissioner Gulliford commented that Mr. Bull was the only citizen that came and spoke about the increase in rates and hoped that it will be remembered after the bills go out in PAGE FIVE V V MINUTES SEPTEMBER 13, 1982 Names of Commrs. M S Y N - Action on Ordinances - continued October reflecting the new increase. Gulliford x x Motion:Ordinance No. 80-82-22 be passed on third and final Morris x reading. Van Ness x x The motion carried unanimously. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Ordinance No. 90-82-75 - Third and Final Reading AN ORDINANCE DELETING CHAPTER 23 OF THE CITY CODE OF ORDINANCES, THE SAME BEING THE ORDINANCE ESTABLISHING THE PROCEDURES AND STANDARDS FOE THE DEVELOPMENT OF REAL ESTATE; PROVIDING AN EFFECTIVE DATE Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Persons. Said Ordinance was posted in line with charter requirements. The Mayor then declared the Public Hearing open. As no one spoke for or against, the Mayor declared the Public Hearing closed. Commissioner Van Ness raised the question if the Sub-division regulations had been brought up to comply with Mr. Parks' recommended changes. Mr. Moss said no. Commissioner Morris commented that Mr. Parks made a couple of comments that certainly seemed to fit in his recommended changes and he felt that nothing in Mr. Parks letter would encumber the Ordinance, only enhance it. Mr. Moss state4 that this could be done, but it will take a change to the text of the Zoning Ordinance as the subdivision regulations are now a part of the Zoning Ordinance. He added that probably the comments should have beer made prior to the adoption of the Zoning Ordinance. Motion: Adopt Ordinance No. 90-82-75 on third and final Gulliford x reading. Morris x x The motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Miscellaneous Business Commissioner Van Ness advised receipt of a copy of a memo to Forrest Boone from Al Kinnard, Director of Public Works, Jacksonville advising that he had made a request to the City of Jacksonville several months ago that they consider, in their capital improvements program, cul- verting the ditch on Seminole Road from 16th St. to Saturiba Drive which has become a safety hazard. Estimated cost is $275,000. The City of Jacksonville advised that they will consider the project. Commissioner Van Ness stated that she will stay on top of the matter. Mayor Persons directed the flags at City Hall and the Public Safety Department be flown at half-mast in memory of Commissioner Preben Johansen from September 14th and continue until the day after the funeral. The City Attorney, Mr. Jensen advised the Commission that as unpleasant as the task may be, a vacancy now exists on the City Commission, and PAGE SIX V V MINUTES Names of SEPTEMBER 13, 1982 Commrs . MS Y N Miscellaneous - continued the Charter requires the vacancy be filled within fifteen days. Mayor Persons stated the same process would be used as before and accept applications. The deadline for accepting applications was set for Thursday, September 23, 1982. The Commission will elect a new Commissioner at the next regularly scheduled Commission meeting on September 27, 1982. Mr. Moss reminded the Commission that a special called meeting has been scheduled for Friday, September 17, 1982 at 8:00 p.m. to hold the final Public Hearing on the budget for the fiscal year 1982-83; the Ordinance adopting the budget will be presented for third and final reading, and a proposed Resolution will be presented to adopt the millage rate, and any other business that may come before the Commission at that time. There being no further business, the Mayor declared the meeting adjourned. .` 40. (SEAL) ert B. Persons, Jr. Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk ‘?//3/F.1- } I AM D. L. GOODLING, 328 5th STREET, ATLANTIC BEACH. I AM OPPOSED TO THIS REGRESSIVE AND DISCRIMINATING TAX ON THE PURCHASE OF TELEPHONE SERVICE. WEBSTER'S DEFINES "REGRESSIVE" AS "MOVING BACKWARD TO A WORSE OR MORE PRIMITIVE STATE OR CONDITION." THAT MIGHT EXPLAIN WHY THE PROPOSED ORDINANCE IS VAGUE, DECEPTIVE, INCONSISTANT, MISLEADING, AND CONFUSING. THE TERMS "SELLER, TELEPHONE SERVICE, AND LOCAL TELEPHONE SERVICE" ARE NOWHERE DEFINED IN THE PROPOSED ORDINANCE. TODAY, SELLERS OF TELEPHONE SERVICE OR LOCAL TELEPHONE SERVICE INCLUDE SOUTHERN BELL, ITT ,MCC, CENTEL, SEARS, J. C. PENNY, RADIO SHACK, AND THE TURTLE INN MOTEL. IF IT IS YOUR INTENT TO LEVY THIS TAX ON THE MONTHLY COST CHARGED BY SOUTHERN BELL FOR TELEPHONE LINE SERVICE, THE TAX IS DISCRIMINATING. SOUTHERN BELL'S MONTHLY LINE SERVICE CHARGE VARIES DEPENDING ON THE TYPE OF EQUIPMENT IN A BUSINESS OR RESIDENCE. THIS DEPENDS ON WHETHER YOU HAVE DIAL TYPE, TOUCH TONE, RING FORWARD, YELLOW PAGE ADVERTISING, ETC. WITH THE RECENT COURT ORDERED BREAK UP OF AT&T, WE HAVE EVERY REASON TO EXPECT MORE COMPETITION IN THIS INDUSTRY, IN THE NEAR FUTURE AS WELL AS NEW AND INNOVATIVE EQUIPMENT AND SERVICES. SECTION 2 "EXEMPTIONS" -- ALTHOUGH THE CITY MANAGER KINDLY EXPLAINED HIS INTERPRETATION OF THIS SECTION, I STILL HAVE DIFFICULTY HOW ANY TELEPHONE SERVICE CAN BE EXEMPTED FROM THE PAYMENT BUT NOT FROM THE COLLECTION OF THIS TAX. THE MERE FACT THIS SECTION IS SUBJECT TO SUCH WIDE INTERPRETATION IS SUFFICIENT CAUSE TO REJECT IT. SECTION 3 "DUTY OF SELLER TO COLLECT" -- REQUIRES SELLER TO COLLECT THE TAX CHARGED FOR EACH TRANSACTION. THIS COULD BE INTERPRETED TO REQUIRING THE TAX ON OTHER THAN THE MONTHLY CHARGE FOR LINE SERVICE BY SOUTHERN BELL. FURTHERMORE, THIS SECTION MAKES IT "UNLAWFUL" IF A SELLER FAILS TO COLLECT THE TAX OR PAY THE TAX TO THE CITY. NOWHERE IS THERE LISTED A PENALTY FOR VIOLATING THIS SECTION, AND ANY LEGAL COST TO RECOVER SUCH LOST TAXES WILL BE AT THE EXPENSE OF THE CITY OF ATLANTIC BEACH. SECTION 4 PROVIDES FOR THE CITY TO AUDIT THE SELLER'S RECORDS. THIS COULD BECOME VERY COSTLY WHEN THERE IS MORE THAN ONE SELLER. I AM ALSO ADVISED THAT PORTIONS OF THIS SECTION ARE ILLEGAL. SECTION 5 EXEMPTS LOCAL TELEPHONE CALLS MADE ON A COIN OPERATED TELEPHONE BMW FROM THE TAX. THIS COULD BE INTERPRETED TO MEAN THAT MOTELS WHO HAVE A LOCAL PHONE CHARGE ARE SUBJECT TO THE TAX. IT HAS BEEN FREQUENTLY STATED THAT ONE OF THE PURPOSES OF THIS PROPOSED TAX IS TO GET THE RENTORS. MOTEL OCCUPANTS ARE CERTAINLY RENTORS. THE CITIZENS OF ATLANTIC BEACH DO NOT NEED NOR DESERVE THE ADDITIONAL BURDEN OF THIS REGRESSIVE AND DISCRIMINATING TAX IMPOSED BY A VAGUE, DECEPTIVE, INCONSISTANT, MISLEADING AND CONFUSING PIECE OF LEGISLATION. TAX LEGISLATION SHOULD BE CLEAR AND CONCISE. TO DO OTHERWISE ENCOURAGES ABUSE BY THE SELLERS, PUCHASERS, AND EVEN CITY OFFICIALS, BOTH ELECTED AND APPOINTED, CHARGED WITH ADMINISTERING SUCH TAX LEGISLATION. I WOULD ALSO OBSERVE THAT REGARDLESS OF WHO THE "SELLERS" ARE, THAW ANY OF THEM COULD INITIATE COLLECTION BEGINNING OCTOBER 1, 1982, THE EFFECTIVE DATE OF THE PROPOSED ORDINANCE. J5 THE IRONY OF THIS WHOLE ISSUE/THE INTENTIONAL OR UNINTENTIONAL DECEPTION. THE PROPOSED ORDINANCE STATES "THE IMPLEMENTATION OF A TELEPHONE SERVICE TAX WILL HELP IN THE RELIEF OF THE BURDDN OF AD VALORUM TAXATION". THIS IT TOTALLY FALSE WITH RESPECT TO THE PROPOSED BUDGET. YOU COULD DELETE THE $70,000 ANTICIPATED REVENUE FROM THIS TAXJWITHOUT CHANGING ONE PENNY OF THE PROPOSED EXPENDITURES. IT WOULD SIMPLY REDUCE THE ENDING BALANCE OF $265,107 TO $195,107. IF THIS CITY COMMISSION REALLY WANTED TO RELIEVE THE BURDON OF AD VALORUM TAXATION, YOU WOULD COMPLY WITH SECTION 57 OF THE CITY CHARTER BY ADOPTING A BALANCED BUDGET AND REDUCE THE PROPOSED PROPERTY TAXES BY THIS $195,107 "ENDING BALANCE". THIS WOULD MEAN A REDUCTION IN THE ADOPTED MILLAGE OF 2.3645 TO APPROXIMATELY 0.4 MILS. w ' BECAUSE OTHER MUNICIPALITIES HAVE ADOPTED A TELEPHONE TAX AND PREVIOUS CITY COMMISSIONS MAY HAVE VIOLATED THE CITY CHARTER DOES NOT JUSTIFY YOUR DOING EITHER. I REQUEST THAT MY COMMENTS BE MADE A PART OF THE RECORD OF THIS PUBLIC HEARING. THANK YOU.