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02-11-85 v AGENDA CITY OF ATLANTIC BEACH February 11, 1985 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 28, 1985 Approval of Minutes of Special Called Meeting of January 31, 1985 2. Recognition of Visitors 3. Correspondence A. From Fletcher Senior High School Bands ("Order of Public Tuba") Requesting Contribution of $250 to Buy New Uniforms B. From Dowling-Morrow, Inc. , General Contractors, Requesting Water Service for Proposed Five-Unit Project Located at 2025 Seminole Road (City of Jacksonville) 4. New Business A. Proposal by Police Chief Thompson that the City Utilize Local Dollar Funding for a Physical Fitness Program for Police Officers B. Nonexclusive Easement from Donald L. Braddock to the City of Atlantic Beach, and Easement from Huntley Jiffy Stores, Inc. , to the City of Atlantic Beach, Both Conveying an Easement to Property Off of Mayport Road Between West 11th Street and West 13th Street C. Driftwood Apartments, Ltd. to City of Atlantic Beach - Grant of Easement (7 .5' for Utility Purposes) , and Driftwood Apartments, Ltd. to City of Atlantic Beach - Grant of 15' Water Main Easement D. Consideration by City Commission to Proposal to Charge for Copies of the Recently Recodified City Code E. Police Department Monthly Report - January 1985 5. Unfinished Business A. Price Waterhouse Audit FY 1983-84 - Proposal and Final Report 6. Report of Committees 7. Action on Resolutions 8. Action on Ordinances A. Ordinance No. 47-85-2 - An Ordinance Adopting and Enacting a New Code for the City of Atlantic Beach - Second and Final Reading - Public Hearing B. Ordinance No. 95-85-26 - An Ordinance Amending the Ordinance Code of the City of Atlantic Beach; Amending Section 2-141 to Provide Membership and Initial Terms; Amending Section 2-142 to Provide the Chairman May Declare an Office Vacant For a Member Missing Two Out of Three Consecutive Meetings; Amending Section 2-146 Providing for the Jurisdiction of the Code Enforcement Board; Amending Section 2-140 Provid- ing Penalties and Liens; Amending Section 2-151 Providing an Appeal Process; Providing an Effective Date. First Reading. 9. Miscellaneous Business 10. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD AT THE CITY HALL ON FEBRUARY 11, 1985 AT 7:15 P.M. V V O O RESENT: William S. Howell, Mayor-Commissioner T T William I. Gulliford, Jr. E E John W. Morris, Jr. D D Catherine G. Van Ness, Commissioners AND: Richard C. Fellows, City Manager M S Claude L. Mullis, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I O Y ABSENT: Robert B. Cook, Sr. NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Morris, was followed by the pledge to the flag. Approval of the Minutes of January 28, 1985 Motion: Approve the minutes of the regular Commission meeting of Gulliford x x January 28, 1985, as presented. Morris x x Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approval of the Minutes of the Special Called Meeting of Janury 31, 1983 Motion: Approve the minutes of the Special Called Meeting of Gulliford x x January 31, 1985 as written. Morris x x Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors - None Correspondence A. From Fletcher Senior High School Bands ("Order of Public Tuba") Requesting Contribution of $250 to Buy New Uniforms The City Attorney advised that two provisions of the Constitution are involved in the matter. 1. A prohibition against the expenditure of Public Funds for private purpose, and 2. Schools are authorized to levy 10 mills of property taxes, County is authorized to levy 10 mills, and the city is authorized to levy 10 mills for municipal purposes. He expressed the opinion that operating schools is not a municipal purpose, and to appropriate money for a private purpose would not be in keeping with the Constitution. Motion: The request from Fletcher Sr. High School for a contribu- Gulliford x x tion of $250 to buy new uniforms be turned down with Morris x regrets, and with an explanation. Van Ness x x Howell x No discussion before the vote.Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE TWO V V riINUTES NAME OF FEBRUARY 11,1985 COMMRS. MSYN Correspondence - continued B. From Dowling-Morrow, Inc. , General Contractors, Requesting Water Service for Proposed Five-Unit Project Located at 2025 Seminole Road (City of Jacksonville) Motion: Grant request for water service only, no sewer, for North- Gulliford x x Shore Condominiums for a five unit project located at 2025 Morris x Seminole Road (outside city limits) with the understanding Van Ness x that Dowling-Morrow,Inc. will pay all expenses, all cut-in Howell x x fees,all lines will be put in according to the city's speci- fications and dedicated to the city with no reimbursement expected now or at any time in the future. Dowling-Morrow, Inc.will also pay all the standard outside the city charges. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * :. New Business A. Proposal by Police Chief Thompson that the City Utilize Local Dollar Funding for a Physical Fitness Program for Police Officers. Chief Thompson reported that he had submitted a physical fitness pro- gram and course curriculum to the Division of Criminal Justice Standards and Training. The Division approved the expenditure of local dollar funding for a physical fitness program. (the city's dollar from fines and forfeitures.Fund has a current balance of approximately $20,000. This fund can only be used for police training and education.) Commissioner Morris asked if they would be on the clock while working out and the Chief replied no, they would be on their own time. This was a strictly volunteer program, seventeen (17) out of eighteen (18) had signed up for the program. They all understand that the program is voluntary and they will not be compensated for it, but if they do sign up for the program, there will be mandatory testing and attendance re- quirements. Discussion was held on the two facilities located in the beaches area, and after consideration, Chief Thompson recommended the Beaches Wellness and Sport Center be selected for the department's fitness program, instead of The House of Steel. The Safety factor, supervision, and Administration would present problems with the House of Steel as they have no regular supervision, and the injury potential would be higher there. The Beaches Wellness Center has agreed to set up a sign-in system and they have constant supervision. The cost will Ee $200/year as a group rate for the department. Mayor Howell asked that the record show all expenditures for the program will be funded from the local dollar received from fines and forfeitures. If, at some point, the local dollar funds are depleted, the expenditure will not be charged to the General Fund without Commission approval.Also, the program is voluntary with no compensation. Down the road, he did not want anyone to get the impression that the program is a requirement of the city and should be done on city time. The City Attorney was PAGE THREE v V MINUTES NAME OF FEBRUARY 11, 1985 COMMAS. MSYN New Business- continued- A. asked if an injury occurred, would it be covered by workmen's compen- sation. The City Attorney stated he did not think that would be covered but agreed it is a gray area. It was suggested that the City Manager contact Adjustco to see if they had some type of experience on that program and could give an opinion. Discussion was also held on whether it would be necessary to go to bid. Following discussion, Commissioner Gulliford moved for the following: Motion: Authorize the Mayor to enter into an agreement with Gulliford x x Beaches Wellness Center, subject to prior review, at $200 Morris x per Police Officer for the one year program. Formalities of Van Ness x x the bid to be waived based on proximity to Atlantic Beach, Howell x hours of supervision, and the equipment available. Funding to be solely limited to Local Dollar funding and no other source. The City Manager will talk with the city's workman's comp. carrier. No discussion before the vote. Motion carried unanimously. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 3. Nonexclusive Easement from Donald L. Braddock to the City of Atlantic Beach, and Easement from Huntley Jiffy Stores, Inc. , to the City of Atlantic Beach, Both Conveying an Easement to Property Off of Mayport Road Between West 11th Street and West 13th Street Motion: The easements be accepted and recorded. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * ;: * * * * * * * * * * * * Howell x C. Driftwood Apartments, Ltd. to City of Atlantic Beach-Grant of Ease- ment (7.5' for Utility Purposes) , and Driftwood Apartments, Ltd. to City of Atlantic Beach-Grant of 15' Water Main Easement. Motion: The easements be accepted and recorded. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x D. Consideration by City Commission to Proposal to Charge for Copies of the Recently Recodified City Code. Motion: Approve the charges for the recodified city code of One Gulliford x x Hundred Twenty-five ($125) Dollars for a bound copy Morris x x and One Hundred ($100) Dollars for an unbound copy as Van Ness x recommended by the City Manager. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FOUR V V MINUTES NAME OF FEBRUARY 11,1985 COMMRS. MSYN New Business- continued E. Police Department Monthly Report - January 1985 Mayor Howell acknowledged receipt of the Police Department's report for the month of January, 1985. There were no comments. The report will be filed for information. Unfinished Business A. Price Waterhouse Audit FY 1983-84 - Proposal and Final Report Motion: Move to accept the final audit report. Gulliford x x Morris x x No discussion before the vote. Motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x The Finance Director, Mr. Royal, asked if the Commission desired to consider the proposal for renewal also submitted by Price Waterhouse. The City Manager was asked if he had discussed the proposal with 'rice Waterhouse, and he replied in the negative. The City Manager .oas instructed to come back at the next meeting with a report. Report of Committees - None Action on Resolutions - None Action on Ordinances A. Ordinance No. 47-85-2- Second and Final Reading-Public Hearing AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ATLANTIC BEACH, FLORIDA; ESTABLISHING THE SAPS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Said Ordinance was presented by Mayor Howell, in full, in writing for second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor 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. 47-85-2 be passed on second and final Gulliford x x reading. Morris x Van Ness x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FIVE V V MINUTES NAME OF FEBRUARY 11,1985 COMMRS. MSYN Action on Ordinances - continued B. Ordinance No. 95-85-26 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; ARTICLE V. DIVISION 2.CODE ENFORCEMENT BOARD; AMENDING SECTION 2-141 TO PROVIDE MEMBERSHIP AND INITIAL TERMS; AMENDING SECTION 2-142 TO PROVIDE THE CHAIRMAN MAY DECLARE AN OFFICE VACANT FOR A MEMBER MISSING TWO (2) OUT OF THREE (3) CONSECUTIVE MEETINGS; AMENDING SECTION 2-146 PROVIDING FOR THE JURISDICTION OF THE CODE ENFORCEMENT BOARD; AMENDING SECTION 2-149 PROVIDING PENALTIES AND LIENS; AMENDING SECTION 2-151 PROVIDING AN APPEAL PROCESS; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented by Mayor Howell in full, in writing, on first reading. Motion:Ordinance No. 95-85-26 be passed on first reading. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x Howell x Mayor Howell set the Public Hearing for February 25, 1985. * * * * * * * x * * * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business - None There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 7 :40 p.m. Mayor Howell announced the Committee on the Buccaneer Utilities would be meeting at 7:45 p.m. and invited anyone inter ted in atte• 'ing t meeting to remain seated. if //, William S. Howell Mayor/Presiding Officer ATTEST: aat.ckeA__, Adelaide R. Tucker CMC City Clerk MINUTES OF THE COMMITTEE MEETING ON BUCCANEER UTILITIES HELD AT CITY HALL ON FEBRUARY 11 , 1985 AT 7:45 P.M. Mayor Howell called the meeting to order at 7:45 p.m. Those present were Mayor Howell, Commissioners Gulliford, Morris, and Van Ness; City Manager Fellows, and Claude Mullis, City Attorney. Mayor Howell reported that the Committee had been organized for the purpose of attaining information on Buccaneer Utilities. He called on the City Attorney, Claude Mullis, to give a status report. The City Attorney reported that contracts had been entered into with Gee & Jenson, Engineers to do an evaluation and study of the condition of the Buccaneer water and sewer system using reproduction costs less depreciation and that their fees will be paid by Buccaneer Service Company regardless of the outcome of the nego- tiation, and that their report would be finished within twenty-one (21) days from February 6, 1985. Mr. Mullis further reported that Buccaneer Service Company and Touche Ross and Company, CPA's have entered into a contract to perform a financial analysis of the system for the purpose of determining their just value. Their fees and all other fees will be paid by Buccaneer Service Company. The attorneys are in the process of drafting Ordinances creating a sewer service district pursuant to Chapter 180 Florida Statutes and would obtain certain information to provide the requirements of Public Service Commission, and it appears the Committee would be ready to begin negotiations within the next week to ten days. Mr. Mullis also discussed the receipt of Buccaneer Service Company of contributions in aid of construction, i.e. connection fees and their entering into developer agreements and that the city should, at an early date, request Buccaneer Service Company to refrain from entering into any further developer agreements for contributions in aid to construction pending the outcome of negotiations and that a letter will be written requesting Buccaneer to refrain from entering into further developer agreements. The Mayor said as soon as the reports were in and the information received by the Committee, another meeting will be called to commence negotiations. Mayor Howell reminded all about the bid opening to be held on February 19, 1985 at 1:30 p.m. on the new 1.0 MGD Sewage Treatment Plant. There being no other business to come before the Commission, Mayor Howell declared the meeting adjourned. William S. Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker,City Clerk