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08-28-67 v CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION 8-28-67 AGENDA 1. Call to order. 2 . Invocation. 3. Approval of minutes 8/14/67. 4. Recognition of Visitors. 5. Communications: (a) Letter from Murray Bennett. (b) Letter from County - Re: Voting Machines. 6. Public Hearing: Continued Mayport Cab Service application. 7 . Reports: (a) City Manager. (b) City Manager on Swimming Pools. (c) Report on pipe bids. (d) Day Nursery - Mrs. Floyd, Section H. (e) Application for Boarding dogs -- Mr. Hammond, Section H. (f) City Manager on Police Car accident. (g) On Closing of Kestner Road. 8. Requests For: (a) Move building to 251 Levy Road by R. H. Derrell. 9. City Clerk - Announcement Re: City Elections. 10. Fire and Police Chief Reports. 11. City Manager 12. Commissioners. 13. Adjourn. MINUTES OF THE MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, AUGUST 26, 1967 AT 8:00 P.M. Present: John W. Weldon Louis Holloway, Jr. Donald Goodling W. J. Farks, Jr, Commissioners and R. C . Vogel, Acting City Manager Adele S. Grage, City Clerk Absent : William S. Howell, Mayor Commissioner-Out of City Frank Thompson, City Attorney-Out of City-Ill The meeting was called to order by the Mayor pro-tem Mr. Weldon. The Invocation was given by Commissioner larks . Minutes of the meeting of August 14, 1967 were approved as written upon motion of Mr. Holloway, seconded by Mr. Goodling and carried. Mr. Weldon recognized visitors present and called for any business from the floor not on the agenda. Mr. George Bull presented preliminary layout of lots and streets for proposed Selva Marina Unit #6-lying north of Unit #2 and east of part of Unit #6, Selva Marina and requested the Commission to approve the layout subject to final engineering for street specifications and water and sewer, also requested give attention to zoning this area. He advised the proposed restrictions would make zoning as Residence AA appropriate. They would have letter of request that be approved in final form, to-gether with various contracts and documents to be executed. There was discussion of Resolution 59-13 and date of expiration on the certificates of indebtedness- and Mr. Bull advised they would be happy if thirty years limit was extended from 1967 but original concept and spirit was from 1959. Mr. Weldon stated as he understands it: first, would like tentative approval of layout, which all commissioners have seen, as to lots and streets ; second, would like indication from the Commission that we would go along with proposed new development along same process as did under Resoltuion 59-13. Minutes 8/28/67 Fage 2 Mr. Holloway stated this is tentative approval subject to final plans meeting requirements of City and Resolution would be changed some. There was further discussion fallowing which Mr. Goodling moved approval of tentative plat as submitted and the zoning restrictions as proposed., subject to receipt of final plans. seconded by Mr. Holloway and carried. Mr. Weldon then stated next question pertains to finances which will be done by Mr. Bull substantially in accordance with Resolution 59-13. Mr. Holloway moved approve Mr. Bull's proceeding with drawings' plans and specifications for final approval with financing accomplished by Bull & Associates and documents drawn using policy as established by Resolution 59-13, seconded by Mr. Goodling and carried. The tentative plat was turned over to the City Manager. A letter was read from Duval County Commission approving our use of two voting machines for our October 3rd and October 17th elections and advising we would be responsible for machines while in transit and in custody. This is usual procedure. A letter was received from Murray Bennett thanking Commission for Resolution 67-7, The Public Hearing on Certificate of Convenience and Necessity for Mayport Cab Company, was continued from last meeting to give the City Attorney opportunity to study new State Statute, Chapter 67-906 which became effective without signature of the governor on July 12, 1967. Unfortunately the City Attorney is ill but before leaving for Duke University Hospital he obtained copy of statute and expressed opinion that this was binding upon Commission of Atlantic Beach and that it would prohibit from granting additional certificates of convenience and necessity in Atlantic Beach in that already have more cabs licensed to operate than is provided for in this statute. Mr. Parks asked if applied just to Duval County or State of Florida? It was advised became effective July 12, 1957 and applies to all counties with population of 350,000 or more. Mr. F arks inquired as to who initiated the act and introduced it? Mr. Weldon advised our copy of act does not indicate. Mr. Weldon then reopened the Public Hearing and asked if any one has anything further to bring to attention of Commission. t Minutes 8/28/67 Page 3 Mr. John Helms , attorney for applicants , advised he received a call from Mayor Howell but didn' t have opportunity to talk with him. He has not been able to get copy of the bill Chapter 67-905 and he questions the constitutionality of the bill. He requested continuance for opportunity of conferring with City Attorney to get better understanding. There was further discussion by Mrs. Gorssberg, and Mr. George Christian of Beaches Cab Company. Mr. Parks then moved continue Public Hearing to give Mr. Helms chance to talk to our City Attorney, seconded by Mr. Holloway. Mr. Goodling stated, so understand, the City Attorney's opinion was that in view of act we have no choice in the matter. Mr. Parks advised he has heard comments made in regard to this piece of legislation-it amazes him tha a piece of legislation like this can be introduced in legislature presumably by delegation representing Duval County and people never know anything about it until some- thing like this comes up before local body- it is utterly astounding. Mr. Weldon put the question and the motion carried. Mr. Weldon requested that Section 3-a of Chapter 67-906 be copied into these minutes as follows: (3) (a) No such permit shall be required in respect to the operation of for hire motor vehicles wholly within the limits of any incorporated city or town and the suburban territory immediately adjacent thereto, when such for hire carriage is regulated by the legislative body of such city or town. However, the legislative body of any city or town shall not issue any permits except on the following basis : not in excess of one (1) taxicab for each twelve hundred (1,200) residents, provided, however, that if the legislative body of such city or town determines by a unanimous vote of such body that public convenience and need require the operation of additional taxicabs , then such legislative body may issue additional per- mits for the operation of taxicabs up to but not in excess of one (1) taxicab for each eight hundred fifty (E50) residents; provided further that nothing herein shall be construed to prevent a city or town from establishing a ratio which will result in the operation of less taxicabs in such city or town than herein allowed as the legislative body of such city or town determines will best serve the convenience and meed of its residents. The governing body of said city or town and the public service commission shall use as the basis for population, the latest official decennial census. • Minutes 8/20/67 Fage 4 Acting City Manager Vogel presented a written report on 1ublic Works activities. Mr. Vogel advised he find no conflict in Ordinance covering Business °°BC° which would rule out animal hospital and he therefore recommended approval of Mr. L. C. Hammonds request for license to board dogs at 75 W. Fourth St. providing health and other standards are met. Mr. Holloway inquired as to location and if dogs will be kept inside or outside. The location is in the area west of Mayport Road that was recently rezoned to Business 9°B". The dogs will be kept inside and neighbors signed statements they had no objection. Mrs Good- ling moved approval of request fox license, seconded by Mr. larks and carried. Mr. Vogel advised he has written Mrs. R. F. Floyd giving her steps to be taken to obtain lublic Health and Welfare approval to operate a day nursery, but has not heard from her further. This Commissions approval will come after she clears with Health Department. There was a lengthy discussion of when to charge the $2.00 cut-on charge as provided in water ordinance. A notice is sent out on late accounts , then on cut off date list is held until the mail comes in and those paying are stricken off. When name goes out on cut-off list should it be considered as cut-off and $2 .00 charge made regardless of whether bill is paid before actually cut-off; or should it be charged only if water is actually cut-off? After discussion Mr. Weldon stated consensus is that Ordinance should be enforced in accordance with terms so instructed, Mr. Vogel advised we have received request from Fletcher Athletic Association for ad in the 1967-68 football program- this is one we have taken for several years for $50.00. Mr. Holloway moved approve and take ad from advertising account, seconded Mr. Goodling and vote was= Aye= Goodling, Holloway, Weldon Nay= i ark s Absent= Howell Mr. Weldon declared motion carried, Mr. Vogel reported that each year Jacksonville Beach has obtained a list of license tag numbers for automobiles at a cost of $1000.00 a year and they have borne cost 100%. They would like for us to share the expense with them as we Minutes 8/28/67 lage 5 phone eight to ten times a day for tag check. They are the quickest most reliable source for this information. They would like Neptune Beach and Atlantic Beach to pay $250.00 each and Jacksonville Beach would pay $500.00. Mr. Vogel recommended we do it and stated the service is invaluable. Mr. Goodling moved approve $250.00 for use of tag checkroll subject to funds being available, seconded by Mr. Holloway and carried. There was discussion of street lights available under our franchise. Mr. Vogel and Mr. Goodling will look into pro- cedure. Following discussion on swimming pools, Mr. Parks and Mr. . Vogel were appointed to look into having an ordinance on swim `.ng pools draining into storm sewers, and report at next meeting. Report on pipe bids was referred to later in meeting- so Mr. Parks could review them. Mr. Vogel presented a written report on the police car accident copy of which is attached to these minutes . He stated cars are out of production right now due to model change and while desirable to have police car package, due to model change and impending strike he would recommend that we modify existing specifications and bring down to standard car for purpose of obtaining patrol car as soon as possible. We would be giving up larger motor, heavy duty transmission, brakes , springs , and shocks- get standard car now, with plan to appropriate enough in 1968 Budget to buy new police car and use the standard car as City Mananger' s car and auxiliary police care The insurance company has been notified and they are working on settlement. There was further discussion following which Mr. Holloway moved the City Manager be authorized to proceed with call for bids for standard car to be received at next meeting, seconded by Mr. Parks and carried. Mr. Weldon suggested we follow up with Insurance Company and as soon as City Attorney is available make certain that we collect all that we should. Mr. Weldon reported on request of Mr. John Lowe to close Kestner Road advising investigation has been made on this matter and referred to a deed dated January 17, 1946, wherin Minutes 8/2C/67 Page 6 Mr. Restner dedicated this road covering approximately 663 feet to Duval County. He had attempted to contact county attorney to-day but was unable to do so to find his thinking on it, so under the circumstances would recommend that the City Clerk advise Mr. Lowe of this deed that right-of-way is County's, not the City's, and while we have no objections are also without authority to act. He also suggested a copy of the deed also be sent to Mr. Lowe. Mr. F arks moved that findings and suggestions be adopted as policy of this Commission and Mr. Lowe be notified, seconded by Mr. Holloway, and carried. A request was received from Mr. Robert H. DeBell to move a building from Jacksonville onto his lot at 251 Levy Road which is zoned Business B. Mr. Vogel advised if pre-fab steel building and if meets code of City of Jacksonville will meet ours. Mr. Holloway moved approval to issue permit if meets all conditions-authorize City Manager to investigate, seconded by Mr. Parks and carried. Mrs. Grage announced that the City elections will be held on October 3rd and October 17th. Candidates can qualify beginning at noon September 5th through noon September 19th for seats 1,2, and 3. Registration books will be open Monday through Friday from 9:00 A.M. to 5:00 F . M. every week from now until 5:00 F . M. , September 27th for those qualified citizens who have not previously registered with the City. Chief Vogel presented Fire and Police Department reports and dockets for information and filing. He also reported that flood lights will be in use at Donner Park any day. The comments were very favorable on work which has been done over there. Mr. Goodling suggested minutes show Mr. Frank Thompson, our City Attorney is ill, and the City Clerk was directed to send Mr. Thompson and Folice Officer Brentnell cards from the Commission. Mr. Farks then reported on bids for pipe. He advised have had opportunity to review proposals received on July 24, 1967 and find that the specification which was issued stipulated the quantity as well as the type and quality of the material- there were three bids received, one from All State Pipe, one from F eninsular, and one from Hardy Supply. All bidding in accordance with the specifications as issued. Fourth bid which was predicated on taking exception to specifications. Minutes C/28/67 Page 7 Would venture opinion that this commission would be treading on dangerous ground to award a bid on the basis of taking exception where bids were received that did not take exception. In addition, the exception to the specifications is at a higher price than the conforming bids, would therefore move that the commission accept and award a contract to the Penin- sular Supply who are evidently the low bidders for this material for a contract to furnish, provided their price is predicated on the material being deliverd F. C. B. P.tlantic Beach, specifications are rather mute on that and so is the proposal,that is findings, report and recommendation and the price from Fenninsular, assuming that the calculations of the bidder are correct in computing unit prices times quanity is $1839.60. The other bidders, again assuming the extensions have been properly computed is $2499.00 ,All State Pipe, and extensions have not been computed but on basis of unit price by Hardy Supply, Fenninsular is low. Mr. Holloway seconded and the motion carried. Mr. Weldon stated that we accept bid of Fenninsular Supply Company in amount of $1839.60 subject to being F.O.B. Atlantic Beach. Mr. Weldon stated he understands Dick Hilliard is sick and Mayor Howell is on vacation. There being no further business Mr. Jeldon declared the meeting adjourned. i r/ J. n W. Weldon, Mayor-Commissioner Pro-tem Attest: S2 . Adele S. Grage, City Cl k REPORT TO CITY COMMISSION - AUGUST 28L. 1967 1. Mr. Hammond's application for Boarding Dogs : Upon investigation of Zoning Ordinance, Mr. Hammond's proposed location is in Business "B" which does not rule out Animal Hospitals which is related to boarding dogs, therefore, I recommend that we issue a license to Mr. Hammond for this operation provided, health ond other standards ire met. 2. Mrs. Rlph Floyd - Day Nursery: I have advised Mrs. Floyd by letter of the necessary steps to take for obtaining Public Health and Welfare permission to operate Day N•,rsery. 3. Letter to American Red Cross re: Gil Wells : t . Commission Policy Re: W; ter Cut-off. 5. Jacksonville Beach City Manager re: License tag list Total cost for one year $1000.00, he suggested sharing expense as follows - Atlantic Beach $250.00, Neptune Beach $250.00 and Jacksonville Beach $500.00.