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11-08-82 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA November 8, 1982 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of October 11, 1982 2. Recognition of Visitors 3. Correspondence A. From Bill Morton re Proposed New Restaurant at 202 Atlantic Blvd. B. From Area Communications, Inc. , re City Right-of-Way Use Permit for Plaza Road and Seminole Road C. From City of Daytona Beach Shores re Sales Tax Distribution Formula 1C Sales Tax Statute (HB 2-D) Ch. 82-154 D. From W. E. Crews re Position of City Clerk 4. Advisory Planning Board A. Minutes of November 21, 1982 5. City Manager's Report A. Item #1 - Authorization to Purchase Copier - Public Safety B. Item #2 - Evaluation and Appraisal of Water Transmission - Distribution System and Sanitary Sewage Collection System C. Item #3 - Proposed Subdivision - Aquatic Gardens Subdivision D. Item #4 - Budget Report for Fiscal Year Ended September 30, 1982 E. Item #5 - Proposal for Metering of Sanitary Sewer System F. Item #6 - Verbal Report - Status of Proposed Sewage Outfall Line to St. Johns River 6. New Business 7. Unfinished Business 8. Report of Committees A. Sewer Plant Committee - Recommendation of Engineers in Accordance with the Consultants Competitive Negotiations Act 9. Action on Resolutions A. Resolution No. 82-22 - Redeeming 1958 General Obligation Sewer Bonds B. Resolution No. 82-23 - Red-eming 1971 General Obligation Sewer Fonds 10. Action on Ordinances A. Ordinance No. 50-82-8 - An Ordinance Deleting Chapter 16, Article I, of the Code of Ordinances of the City of Atlantic Beach, Florida- the Same Being the Personnel Policy - Third & 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 NOVEMBER 8, 1982 AT 8:00 PM V V 0 0 PRESENT: Robert B. Persons, Jr. T T Robert B. Cook, Sr. E E William I. Gulliford, Jr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: A. William Moss, City Manager 0 E Alan C. Jensen, 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 Persons. The invocation, offerer by Commissioner Van Ness,was followed by the pledge to the flag. Approval of the Minutes of October 25, 1982 Motion: The Minutes of the regular Commission Meeting of October 25, Cook x 1982 be approved as submitted. Gulliford x x Morris x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Correspondence '\. From Bill Morton re Proposed New Restaurant at 202 Atlantic Blvd. Mr. Bill Morton, owner of Crustacean's Restaurant asked the Commission to consider granting him a variance or amend the existing Alcoholic Beverage Ordinance,No. 10-80-13 to allow him to sell beer and wine at a proposed new restaurant to be located at 202 Atlantic Boulevard. The City Attorney advised that no variance could be granted, and discussion followed. Com- missioner Gulliford expressed the opinion that the City is really penalizing and limiting small restaurants with the existing Ordinance and suggested that the Commission better define the existing amendment that permits liquor sales if the restaurant seats 150 persons and derives more than 50 percent of its income from the sale of food. Mr. Morton's proposed new restaurant will hold only 40 to 50 diners. The Commission instructed the city Attorney to investigate the possibilities to expand the existing amendment to cover smaller establishments that would want to serve beer and wine, and offer a proposed amendment at the next meeting. Cook x Motion: Table the discussion until the next regular Commission Gulliford x x meeting. Morris x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. From Area Communications, Inc. , re City Right-of-Way Use Permit for Plaza Road and Seminole Road. fr. Moss acknowledge receipt of a request from Area Communications, Inc. , the cable television company servicing Jacksonville to install an under- MINUTES V V PAGE TWO Names of NOVEMBER 8, 1982 Commrs. M S Y N Correspondence - continued ground television cable line from Mayport Rd. easterly to Plaza, then up to Seminole Road, and then up Seminole Road to the north in order to serve the residents located in the Seminole Beach area. Motion: Deny the request by Area Communications, Inc. to use the Cook x City of Atlantic Beach's right-of-way for their cable Gulliford x x Morris service. x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x C. From City of Daytona Beach Shores re Sales Tax Distribution Formula 1 Sales Tax Statute (HB 2-D) Ch. 82-154 Mr. Moss stated the City of Daytona Beach Shores and other communities are asking the State Legislature to revise the sales tax legislation that was passed last year, and are asking the City of Atlantic Beach to support a change to the sales tax law. No action was taken. D. From W. E. Crews re Position of City Clerk Mr. Moss read a letter from Mr. W. E. Crews stating that he could not accept the position of City Clerk. The Mayor asked the Committee Chair- man, Commissioner Morris if he had another recommendation. Commissione- Morris reported that the Search Committee met and reviewed the letter from Mr. Crews. The Committee's recommendation to the Commission was that Adelaide Tucker be retained as City Clerk, subject to the with- drawal of her letter of resignation. He presented the withdrawal letter to the Mayor. Cook x Motion: Accept the recommendation of the Search Committee. Gulliford x x Morris x x Van Ness * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * persons x Advisory Planning Board The Commission acknowledged receipt of the minutes of November 21,1982 City Manager's Report A. Item #1-Authorization to Purchase Copier - Public Safety The City Manager requested authorization to purchase a budgeted item of a Savin copier for the Public Safety Department through the State Contract (#600-38-83-1) for an amount of $2,946 including the trade-in of the existing unit. Cook x Motion:Authorize the City Manager to purchase a Savin 780 Copier Gulliford x x through the State Contract for the amount of $2,946, Morris x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons �. PAGE THREE 1 MINUTES V V NOVEMBER 8,1982 Names of Commrs. M S Y N City Manager's Report - continued B. Item #2-Evaulation and Appraisal of Water Transmission-Distribution System and Sanitary Sewage Collection System Mr. Moss presented for review by the City Commission the report sub- mitted by Robert Bates & Associates on the evaluation and appraisal of water transmission-distribution system and sanitary sewage collection system. The City Manager requested that the report be accepted as a definitive statement of the values of the physical assets of the water distribution and sanitary sewer collection system. Cook x Motion:The report be accepted as a definitive statement of the Gulliford x x values of the physical assets of the water distribution and Morris x sanitary sewer collection systems as of September 30, 1982. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x C. Item #3-Proposed Subdivision-Aquatic Gardens Subdivision Mr. Moss explained that a proposed subdivision, referred to as Aquatic Gardens Subdivision, has been submitted by Crofton Builders, Inc. , of Jacksonville. The proposed subdivision would consist of approximately 15.6 acres located just north of the Beaches Aquatic Club, and will :onsist of 30 lots, each of which will contain a 4 or 6 family building with individual units sold fee simple, under the townhouse/rowhouse concept. There are expected to be 130 dwelling units. The firm is coming in under the existing zoning classification of RG-2 and there- fore are following the subdivision procedures. Mr. Moss recommended that the preliminary plat for the proposed Aquatic Gardens Subdivision as submitted by Crofton Builders, Inc. , be referred to the Advisory Planning Board. Discussion followed on the necessity of having two points of ingress and egress before final approval. Cook Motion: Refer the preliminary plat for the proposed Aquatic Gardens Gulliford x x Subdivision as submitted by Crofton Builders, Inc. , to the Morris x Advisory Planning Board for their review and recommendations .Van Ness x x The City Commission established a fee schedule of $25.00 per hour for Persons x the time incurred by the administrative staff in reviewing preliminary plats, and $35.00 per hour for engineering services. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D.Item #4-Budget Report for Fiscal Year Ended September 30, 1982 The Commission acknowledged receipt of the budget report for the fiscaL year ended September 30, 1982. Commissioner Morris extended congratu- lations to Mr. Moss. ?. Item #5-Proposal for Metering of Sanitary Sewer System Mr. Moss explained that there are apparently only a limited number of firms providing metering services. Two firms submitted proposals: Southern Line Cleaning, Inc. , for metering services for an amount of PAGE FOUR V V MINUTES Names of NOVEMBER 8, 1982 Commrs. M S Y N 4 • d - - - City Manager's Report - continued not to exceed $6,200. , and a verbal proposal from Airhart, Orlando,Fla in the amount of $6,580. Cook x x Motion:On the recommendation of the City Attorney, the services for Gulliford x x metering of the sanitary sewer system be put out for bid. Morris x Van Ness x During the discussion before the vote, Commissioner Morris and Mr. Persons x Moss expressed concern over the time factor in going to bid. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. Item #6-Verbal Report-Status of Proposed Sewage Outfall Line to St. Johns River Mr. Moss presented the draft of his report to each Commissioner. For • the benefit of the audience, he explained that there may be an alternative by building an outfall to the St. Johns River rather than disbursing the outfall into the salt marsh, and it may be less expensive for the city to do that. After reading the draft, Commissioner Gulliford moved for the following: Cook x Motion: Instruct the City Manager to continue to negotiate to that Gulliford x x ultimate goal. Morris x Van Ness x x The City Manager stated that he would notify the Chairman of the Sewer Persons x Committee as he receives information and will report back to the Com- mission as soon as possible. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Unfinished Business Commissioner Van Ness announced the news that she had been informed on very good authority that the Navy is going to move with all due course and rapid speed to open Seminole Road to Navy traffic. She also stated that the Commission needs to push forward and request all the help possible on any kind of alleviation of the traffic problem through the Wonderwood Road bridge that was under consideration many years ago. Commissioner Gulliford immediately drafted a Resolution stating that the increase and the expansion of the Mayport Navy facili'y is going to create an extreme hardship on the existing road systems through Atlantic Beach, and that the City Commission feels like the pursuit of the Wonderwood Road extension and a new bridge over the inter- coastal waterway is an absolute necessity for the benefit of both the community and the Navy. He then moved to adopt the Resolution. The motion was seconded by Commissioner Cook and carried unanimously. * * * * * * * * * * * * * * * "port of Committees A. Sewer Plant Committee - Recommendation of Engineers in Accordance with the Consultants Competitive Negotiations Act Commissioner Gulliford reported that the Sewer Plant Committee met PAGE FIVE V V MINUTES Names of NOVEMBER 8, 1982 Commrs. M S Y N V Report of Committees - continued and ranked the engineers in the following order: No. 1 - Robert Bates & Associates No. 2 - Gee & Jenson Engineers No. 3 - Flood Associates Commissioner Gulliford stated that the Committee recommended that the City Commission enter into competitive negotiations with the firms in accordance with the State Statutes. Motion:Accept the recommendations of the Sewer Plant Committee and Cook x enter into competitive negotiations with the three firms, Gulliford x Robert Bates & Associates, Gee & Jenson Engineers, and Morris x x Flood Associates, in that order. The City Manager, along Van Ness x x with the Sewer Plant Committee will sit down to negotiate. Persons x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Resolutions A. Resolution No. 82-22-Redeeming 1958 General Obligation Sewer Bonds 4ayor Persons presented and read in full Resolution No. 82-22, a Resolution redeeming 15 -1958 General Obligation Sewer Bonds.-3.90% Cook x x Motion: Passage of said Resolution. Copy of Resolution No. 82-22 Gulliford x x is attached hereto and made a part hereof. Morris x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x B. Resolution No. 82-23-Redeeming 1971 General Obligation Sewer Bonds Mayor Persons presented and read in full Resolution No. 82-23, a Resolution redeeming 18 - 1971 General Obligation Sewer Bonds-7% . Cook x Motion: Passage of said Resolution. Copy of Resolution No. 82-23 Gulliford x x is attached hereto and made a part hereof. Morris x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Action on Ordinances- Ordinance No. 50-82-8 - Public Hearing AN ORDINANCE DELETING CHAPTER 16, ARTICLE I, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA - THE SAME BEING THE PERSONNEL POLICY - THIRD & FINAL READING. 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. Mayor Persons hen opened the floor for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Cook x Gulliford x Motion:Ordinance No. 50-82-8, as read, be passed on third and Morris x x final reading. The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Van Ness x x Persons X PAGE SIX V V MINUTES Names of NOVEMBER 8, 1982 Commrs. MS Y N Action On Ordinances - continued Cook x Motion:Adopt the new Personnel Rules and Regulations for the City Gulliford x of Atlantic Beach as presented to the City Commission on Morris x x October 25, 1982 effective November 10, 1982. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons Miscellaneous Business Mr. Paul Steckla asked the Mayor for comments on the recent Cox Cable television meeting. The Mayor stated that Cox Cable came to the Board and requested a $2.00 per month increase on the basic service rates. Their reason was that they had encountered a number of expenses that they had not anticipated. The Board took no action on the request and referred the matter back to the Advisory Board for their perusal. * * * * * * * * * * * * * Commissioner Gulliford stated that recently on a referendum by the voters, we approved the home rule concept as far as our hospital, and it was now the city's responsibility to appoint a member to that Board. The Mayor agreed and said the Mayor appoints and the Couauission con- firms. Commissioner Van Ness inquired when the appointment would go nto effect, and was answered the Board will install the new members on January 1, 1983. The Mayor appointed Mrs. Dorothy Kerber, a lady with a business background having grown from her own company which dealt with a number of large nation wide companies, and who has through the years exhibited an undying interest in the hospital. Cook x Motion:Confirm Mayor Robert B. Persons, Jr. 's appointment of Mrs . Gulliford Dorothy Kerberto the new Beaches Hospital Board. Morris x Van Ness The Motion carried and the Mayor extended congratulations to Mrs. Persons Kerber. * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business, Commissioner Gulliford moved to adjourn, which was seconded by Commissioner Cook and carried unanimous- ly. The Mayor then declared the meeting adjo //1�i . F r' i (SEAL) Robert Persons, Jr. Mayor-Commissioner ATTEST: 9dda Adelaide R. Tucker City Clerk RESOLUTION 82-22 A RESOLUTION REDEEPMING 1958 GENERAL OBLIGATION SEWER BONDS WHEREAS, the City of Atlantic Beach in years past funded certain Sewer improvements by Bond issue, and WHEREAS, the City of Atlantic Beach has redeemed 15 - 3.90% Sewer Bonds (1958 issue) in the amount of $15,000, said bonds bearing maturity date of April 1, 1982, and WHEREAS, the City has redeemed sewer bond interest coupons which have now become due through 1982, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $15,000 in value be burned: Numbers 171 through 185 and that, the following numbered interest coupons be burned: Coupon No. 47 from bonds 241 - 260; 290-298; 300 Coupon No. 48 from bonds 171-210; 216-246; 250; 252-258; 260-300 Coupon No. 49 from bonds 186-200 * * * * * * * * * * * * * * * * The above and foregoing Resolution passed by the City Commission on November 8 , 1982. ATTEST: /f azzA e e Adelaide R. Tucker City Clerk RESOLUTION 82-23 A RESOLUTION REDEEMING 1971 GENERAL OBLIGATION SEWER BONDS WHEREAS, the City of Atlantic Beach in years past funded certain Sewer improvements by Bond issue, and WHEREAS, under the terms of this Bond issue, certain bonds and interest coupons come due and payable from time to time, and WHEREAS, the City of Atlantic Beach has redeemed 18 - 7% General Obligation Bonds (1971 Issue) , in the amount of $18,000.00, said bonds bearing maturity date of July 1, 1982, and interest coupons which have now become due through 1982, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $18,000 in value be burned: Numbers 134 through 151 and that, the following numbered interest coupons be burned: Coupon No. 20 from bonds 359-363 Coupon No. 22 from bonds 134 - 152; 157-181; 192 - 500 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The above and foregoing Resolution passed by the City Commission on November 8 1982. ATTEST:E�JJ //_� fiertek� Adelaide R. Tucker City Clerk i