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09-10-84 v AGENDA CITY OF ATLANTIC BEACH September 10, 1984 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of August 27, 1984 Approval of Minutes of Special Called Meeting of August 30, 1984 2. Recognition of Visitors 3. Correspondence A. From Chief Gary F. Keys, Fire Operations Division, City of Jacksonville, re Triangle Refineries Fire on August 18-19, 1984 B. From United States Environmental Protection Agency re Letter of Violation, NPDES Permit No. FL0023914 4. Advisory Planning Board A. Proposed Rezoning Study - Mayport Road 5. City Manager's Report A. Item #1 - Rate Increase - Florida Municipal Health Trust Fund B. Item #2 - Authorization to Advertise for Bids for Refuse Collection Trucks C. Item #3 - Fire Department Report for Month of August 1984 D. Item #4 - Police Department Report for Month of August 1984 6. New Business 7. Unfinished Business A. Further Consideration of. Proposed FY 1984-85 Budget 8. Report of Committees 9. Action on Resolutions A. Resolution No. 84-13 - A Resolution Pursuant to Chapter 84-67, Laws of Florida, and Providing for an Effective Date as Established by the Act (Convention Development Tax) 10. Action on Ordinances A. Ordinance No. 65-84-10 - Vacating and Abandoning a Portion of West Plaza Road - Second and Final Reading - Public Hearing 11. Miscellaneous 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V COMMISSION HELD AT THE CITY HALL ON SEPTEMBER 10, 1984 AT 7:15 P.M. 0 0 T T PRESENT: William S. Howell, Mayor-Commissioner E E Robert B. Cook, Sr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: A. William Moss, City Manager 0 E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN ABSENT: William I. Gulliford, Commissioner - Out of Town 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 August 27, 1984 Motion: Approve the minutes of the regular Commission meeting of Cook x August 27, 1984 as presented. Morris x x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approval of the Minutes of the Special Called Meeting of August 30,1984 Motion: Approve the minutes of the Special Called meeting of August Cook x x 30, 1984 as written. Morris x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors The Chair recognized Mr. James M. Dipietro, 785 Plaza. Mr. Dipietro advised the Commission of a severe accident last Sunday at 12:30 a.m. A vehicle went through his yard and wound up in the back yard of his next door neighbor. This makes a total of four accidents in his yard since January. He said the barricades there are not solving the problem. Mr. Dipietro added that he had lived in the house for over 17 years, and since Jax Liquors opened there have 20 accidents on his property. Mayor Howell instructed Chief Thompson to check with D.O.T. for suggestions to solve the problem. Chief Thompson stated he was working on the problem now , and would work through the City Manager's office for a solution that is to everyone's satisfaction. Mr. Steven Roberts, 795 Plaza, Mr. Dipietro's next door neighbor, was also recognized by the Chair. Mr. Roberts stated that when the drivers miss the barricade they come through his fence. The last one hit his bedroom creating $1,200 damages. Since January, three cars have hit his house. Only one car carried insurance. Mayor Howell thanked both gentlemen for coming and said Chief Thompson would be working with both of them. Correspondence A. From Chief Gary F. Keys, Fire Operations Division, City of Jacksonville, PAGE TWO V V MINUTES Names of SEPTEMBER 10, 1984 Commrs. MS Y N Correspondence - continued A. From Gary F. Keys, Fire Operations Division, City of Jacksonville, re Triangle Refineries Fire Mayor Howell acknowledged a letter to Chief Wayne Royal from Gary Keys, Chief, Fire Operations Division extending to Chief Royal his deepest personal thanks for his outstanding efforts, cooperation, and support during the Triangle Refineries' fire emergency August 18-19, 1984. The Commission said Good Job, Well Done. The letter will be duly filed in the records. B. From United States Environmental Protection Agency re letter of Violation, NPDES Permit No. FLO023914. The Mayor acknowledged receipt of a letter from United States Environ- mental Protection Agency advising the city of violations of effluent limitations. The letter will be filed for information. Advisory Planning Board A. Proposed Rezoning Study - Mayport Road Thmmissioner Morris reported that the Chairman of the Advisory Planning koard had expressed to Mr. Moss the Board would be more than willing to review the zoning along Mayport Road and present a recommendation to the City Commission. The Board also requested the assistance of a professional planner. Mr. Morris asked the City Manager to check with the City of Jacksonville Planning Dept to see if they would offer assistance. The City of Jacksonville Planning Dept has advised they would be pleased to offer their professional assistance to develop a plan for Mayport Road. Commissioner Morris requested authority to pursue their assistance with a formal request to Mayor Godbold. This would be in addition to consider- ing the hiring of a professional planner. Mayor Howell suggested contact- ing Marvin Hill, the original planner. The City Manager was instructed to come back with a report and cost estimates. City Manager's Report A. Item #1- Rate Increase-Florida Municipal Health Trust Fund Mayor Howell advised that the fund has paid out in the last several years approximately $179,000 which explains somewhat the increase in premiums. There are presently 12 employees /officials subscribing to the FMHTF. All other employees are under the HMO plan. The City Manager requested authorization to offer health insurance at the increased rate. Motion: Authorize the City Manager to offer health insurance at the Cook x stated rate increase. Morris x PAGE THREE V V MINUTES Names of SEPTEMBER 10,1984 Commrs. MS Y N City Manager's Report - continued (A) During discussion before the vote, the question was asked if there were any alternatives and the Mayor replied the city can go to bid but we have a very high loss ratio at this time. Perhaps next year it will not be as high. The question was called and the motion carried unanimously. Cook x x Morris x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Item #2=Authorization to Advertise for Bids for Refuse Collection Tracks There were no objections to advertising for bids for refuse collection trucks. The City Manager was reminded that item 4 under specifications needed to be completed. Motion: Approve the specifications and authorize the City Manager Cook x x to advertise for bids on the Refuse Collection trucks Morris x x Van Ness x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Item #3-Fire Department Report for Month of August 1984 Mayor Howell acknowledged receipt of the monthly Fire Department report for August, 1984. There were no questions. The report will be filed for information. D. Item #4-Police Department Report for Month of August, 1984 Commissioner Van Ness commended both the Fire and Police Departments for the excellent job they did over the weekend during the storm from Hurricane Diana. Commissioner Cook asked Chief Thompson if he would care to address item 2. under "Current Issues". Chief Thompson replied that he was not talking about any promotions. What he was looking at was delegation of responsibilities. There were no other questions. The report will be filed for information. * * * * * * * * * * * * * * Mr. Moss stated that he had met this date with a representative from Green Thumb, Inc. who is under contract with the Department of Labor to hire individuals age 55 and older, and who are close to poverty level. They have asked that they be permitted to place some of their employeeE on our work site to do work for the city. Green Thumb will pay their PAGE FOUR V V MINUTES Names of SEPTEMBER 10, 1984 Commrs. MS Y N City Manager's Report - continued salaries, sick leave and vacation, and Workmen's Compensation. All the City has to do is provide an in-kind match by providing supervision to the employees. Mr. Moss added they had agreed to allow five employees to work for the city for twenty hours each per week. There will be one clerical and four employees to work in the parks. Mr. Moss requested approval to contract with Green Thumb, Inc. for the five employees. Motion:Authorize the City Manager to contract with Green Thumb, Inc. Cook x for five employees subject to the resolution of all legal Morris x x problems. Van Ness x x Howell x The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * New Business - None Unfinished Business A. Further Consideration of Proposed FY 1984 Budget 2urther discussion was held on the step pay plan that was passed in 1981. Mayor Howell suggested the following be considered: 1.) Take out the monies budgeted for the Director of Public Works and put them into a contingency fund. 2.) The 5 1/2% "increase" be allowed, but the step raises be pulled out and also transferred into the contingency fund. Discussion followed on whether the step raises can legally be transferred into a contingency fund. Commissioner Morris expressed the opinion that the step raises are a promise the Commission made in 1981, and he felt an obligation to fulfill the promise for 1984-85. Mr. Moss commented that the step pay plan is also part of the Personnel Rules adopted in 1982. No further discussion. No action taken. Report of Committees - no report Action on Resolutions A. Resolution No. 84-13 Mayor Howell presented and read in full Resolution No. 84-13, a Resolution pursuant to Chapter 84-67, Laws of Florida, and providing for an effective date as established by the Act. (Convention Development Tax) Motion: Move to adopt Resolution No. 84-13. Cook x Morris x During discussion before the vote, the City Attorney advised the CommiE- sion of several changes that should be made. Commissioner Cook then with- drew his motion and Commissioner Morris withdrew his second to the motion. PAGE FIVE V V MINUTES Names of SEPTEMBER 10, 1984 Commrs. M S Y N Action on Resolutions - continued Substitute Motion: Adopt and authorize the Mayor to execute the appropriate Cook x Resolution re the Convention Development Tax to send to Morris x the Department of Revenue. The question was called and the motion carried unanimously. Cook x x Morris x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances - Ordinance No. 65-84-10 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH CLOSING, VACATING AND ABANDONING A PORTION OF WEST PLAZA ROAD, MORE PARTICULARLY HERE- INAFTER DESCRIBED, RESERVING UNTO THE CITY A PERPETUAL EASEMENT FOR CERTAIN PURPOSES; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read by title only on second and final reading by Mayor Howell. Said Ordinance was )osted in line with Charter requirements. Mayor Howell then opened the floor for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Said Ordinance No. 65-84-10 be passed on second and final Cook x x reading. Morris x x Van Ness x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business Mayor Howell commented that a structure located at 875 Sailfish Drive, which has been a constant problem to the neighbor and city for several years has recently been purchased by O'Malley Real Estate. They have completed remodeled the house and sold it. The Mayor stated that Mrs. O'Malley be commended for her "addition" which definitely improved the neighborhood, and the Mayor asked that he go on record of encouraging other people to do similar enterprises. The Commission unanimously agreed. The Chair recognized Ms. Teril Watson, 647 Ocean Blvd. She stated that JEA sprayed her and her car while JEA was spraying transformers on Ocean Blvd. Several holes were eaten on her body and holes were eaten in the car. She has received no satisfaction from JEA on the cost of repairing her car or her Doctor bills. Ms. Watson asked if the Commission could offer any help. After discussion, Mayor Howell stated he would check into the matter and advise her. Ms. Watson also asked the City to move her water meter that is presently located on Beach • PAGE SIX V V MINUTES Names of SEPTEMBER 10, 1984 Commrs. MS Y N Miscellaneous Business- continued Avenue to her property on 647 Ocean Blvd. The City Manager will contact her on the procedures to follow and cost involved to move the meter. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:04 p.m. (SEA I,) ���a t o Mayor-Commissione LTTEST: otle Adelaide R. Tucker City Clerk, CMC ,:i ' , ti- , .- -12.. * ,4R.4 - i,s_____,.,:kie.,„; CITY OF ?Resolution NO. 84-13 A RESOLUTION PURSUANT TO CHAPTER 84-67, LAWS OF FLORIDA, RELATING TO THE DISTRIBUTION OF THE TOURIST DEVELOPMENT TAX, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 84-67, Laws of Florida provides that "except as otherwise provided by law, one-half of the proceeds of the tax which is collected within a municipality the government of which is not consolidated with that of the county shall, at the request of the governing body of the municipality, be remitted to the municipality", and WHEREAS, Atlantic Beach is a Municipality which is not consolidated with the government of Duval County, NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. This Resolution shall serve as the official request of the governing body of the City of Atlantic Beach to Duval County/City of Jackson- ville and/or The State Department of Revenue for the remittance to the City of Atlantic Beach of all proceeds of the convention development tax collected within the City of Atlantic Beach to which it is entitled under Chapter 84-67, Laws of Florida. Section 2. This Resolution shall take effect iuunediately. Section 3. Certified copies of this Resolution shall be furnished the City of Jacksonville's Consolidated Government and the Department of Revenue, State of Florida. * * * * * „ * * * * * * * * * * * Passed by the City Commission September 10, 1984. x..% % / . / /, 7- V/ -. 7 t: 7 William S. Howell,Mayor/Presiding Officer (SEAL) - , Adelaide R. Tucker, City Clerk Approved as to form and correctness: CERTIFICATION I certify this to be a true and correct copy of the record in my office. __‘2. 24!___X-22i _�/ WITNESSETH my hand and official seal r(. aude L. Mullis of the City of Atlantic Beach, Florida, Cite :'attorney thisthellth1ayof September 19 84 . •67- 1cL.c._,City Cork