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03-11-68 v CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION 3/11/68 AGENDA 1. Call to order. 2. Invocation. 3. Approval of Minutes of meeting of 2/26/68. 4. Recognition of Visitors. 5. Bids: (a) Pickup Truck. (b) Used Pulvimixer. 6. Correspondence. 7. Reports On: (a) Personnel Ordinance. (b) Atlantic Boulevard lighting. 8. Approval: Premium for Pro-rata Auxiliary Police Insurance. 9. Fire and Police Chief Reports and Dockets. 10. City Manager. 11. Commissioners. 12. Adjourn. N MINUTES OF THE MEETING OF THE ATLANTIC BEACH CITY COMMISSION ' 1b HELD AT THE CITY HALL ON MONDAY, MARCH 11, 1968 AT 8:00 P. M. Present: William S. Howell, Mayor-Commissioner Louis C. Holloway, Jr. Arthur J. Longo R. R. Rosborough, Commissioners and R. C. Vogel, City Manager Oliver Ball, Acting City Attorney Adele S . Grage, City Clerk Absent: John W. Weldon, Commissioner (Out of City) The meeting was called to order by the Mayor, Mr. Howell. The Invocation was given by Commissioner Rosborough. Upon motion of Mr. Longo, seconded by Mr. Holloway and carried, the minutes of the meeting of February 26, 1968 were approved as written. Mr. Howell recognized visitors present and called for any business from the floor not on the Agenda. There was none. Bids on Pickup Truck as covered by Specifications #68-5 were received. Certified proof of publication of "Call for Bids" is attached hereto and made a part hereof. The bids received were: Lynch-Davidson Motors $1, 741.00 Riverside Chevrolet 1,815. 19 Mr. Rosborough moved the bids be received and referred to Committee for tabulation and report back with recommendation at next meeting, seconded by Mr. Holloway and carried. The Mayor appointed Messrs. Rosborough, Hilliard and Vogel as Committee. Bids were next received on Pulvimixer as covered by Specifications #68-6. Copy of certified proof of publication of "Call for Bids" is attached hereto and made a part hereof. The bids received were: Acosta & Jones $1,450.00 Florida Tractor Corporation No Bid M. D. Moody & Sons 1, 600.00 Simonis, Inc. 800.00 Mr. Longo moved the bids be received and referred to Committee for tabulation and report back with recommendation at next meeting, seconded by Mr. Holloway and carried. Mr. Howell appointed Messrs. Longo, Hilliard and Vogel as Committee. A letter was read to the Commission from Mr. Don Goodling, on subject of the 1968 Budget. Copy of letter is attached to these minutes and made a part hereof. Mr. Howell advised that to the best of his memory and belief the Section 2 was in Ordinance at time of first reading as to "All Ordinances or parts of Ordinances Minutes 3/11/68 Page #2 in conflict herewith, etc". As to whether or not phraseology re: Section 1 of Ordinance 50-66-6 was specifically repealed or not is immaterial due to fact that budget itself is an Ordinance and changed those specific things and therefore repealed without specific reference. Therefore if Section 2 was added after first reading it did not change the budget. Mr. Howell next referred to comments regarding the 1963 budget. Mr. Goodling, who was present, stated it was not his desire or intent to create an issue, all he intended was to bring to attention of Commission and urge to take corrective action. He did not intend to debate. Mr. Howell stated he doesn' t know corrective action is necessary. As to 1963 budget the point is brought up and the only thing he knows to do is answer. In the 1963 budget the salaries in each Department were lumped in one sum and the Auditor could not tell how much was set up for individual positions. However in 1968 budget the salary of personnel is specifically broken down. Mr. Howell talked to our City Auditor, Mr. Tyson, who advised he thought this was totally sufficient. Mr. Howell asked Mr. Ball for any comment. Mr. Ball advised that when have statutes and ordinances that conflict, the latest ordinance will carry lot of weight. His conclusion is that we have this ordinance and have to live with it, and that this little clause would not be a substantial change by fact that this clause is read into every act this body passes. Mr. Goodling stated first time it has appeared in budget ordi- nance. He felt had to bring to attention, what to do is your business and responsibility. Mr. Longo reported on Personnel Ordinance. He advised in seek- ing an acceptable salary scale, he and the City Manager have written several cities of comparable size and asked for their salary scale, but have not heard from all to date. Have no formal Personnel Ordinance prepared but are working on it. With this information and working through the Florida League of Municipalities thinks can come up with equitable Personnel Ordinance. As to lighting on Atlantic Boulevard, Mr. Rosborough advised nothing substantially has changed. He has talked to Mr. Bob Gordon, Neptune Beach Councilman, who advised they are in favor of 400 watts instead of 175, and they cost them around $60.00 per year. He is going to talk further with City of Jacksonville. Also, Mr. Carasaro is going to get with City of Jacksonville Engineering Department and make a study. It will be some time before he will have definite recommendations. It was brought out that the conduit is being roughed in on the overpass at Mayport Road. • Minutes 3/11/68 Page #3 Approval was given to pay our pro-rata share of insurance premium on the Beaches Auxiliary Police in amount of $33 .33, upon motion of Mr. Longo, seconded by Mr. Rosborough and carried. Mrs. Grage advised the policy is with Elmore-Naughton and the premium is divided between the three Beaches. The Municipal Court docket for March 4th, 1968 was presented to- gether with the Police Department report for month of February, 1968. They were received for study and filing. Mr. Vogel then recommended the appointment of F. Carl Stucki as Police and Fire Chief, advising that he will resign this position on favorable action of the Commission. Mr. Longo moved the approval of appointment of Mr. Stucki as Police and Fire Chief, seconded by Mr. Holloway and carried. Mr. Vogel then submitted his resignation as Police and Fire Chief effective when Mr. Stucki takes over, which he understands can be by noon tomorrow, March 12th, 1968. Mr. Holloway moved acceptance of resignation with regrets, seconded by Mr. Rosborough and carried. Mr. Longo then moved that R. C. Vogel be appointed City Manager, seconded by Mr. Rosborough and carried. Mr. Vogel brought up matter of Travel Trailers in the City ad- vising the Ordinance is not specific, and a number of citizens have them. Would like Commission's direction on these, as they are used strictly for week-end camping trips. Mr. Howell stated Ordinance doesn't provide anything against - if not being lived in. Mr. Vogel stated does provide question in fringe areas as could be lived in. Mr. Howell stated doesn't see much difference between that and a boat, which can be kept in yard and theoreti- cally could be slept in. It was agreed that as long as not living in - no violation - but if begin to live in then it would be in violation. Mr. Vogel reported on the two break-ins at Selva Marina Club, and the successful apprehending of suspect due to alertness and follow up work of Officer Shirley Causey. Would appreciate a Resolution commending Mr. Causey. Mr. Rosborough moved Resolution as requested commending Mr. Causey, seconded by Mr. Holloway. It was brought out that conservatively speaking he spent about 100 hours on his own time gathering and presenting the evidence. Mr. Howell put the question and the motion carried. Resolution #68-5 is attached hereto and made a part hereof. Mr. Vogel advised that the present Zoning Ordinance should be brought up to date, with some work can be condensed. Mr. Howell advised he will appoint a Committee at next meeting. Mr. Longo advised as to notice regarding house at 1470 Ocean Boulevard. This place is still occupied and there is more destruction there. He asked City Manager to please get some work done on this place, as we have more than extended amount of time. Mr. Henry Isaacs also spoke on effect of this property Minutes 3/11/68 Page #4 on neighborhood, and fact it is unfair to property owners around it. Mr. Longo also reported on 16th Street sign situation and advised that Mr. Hilliard has come up with putting a flashing sign on one signal pole - flashing at both top and bottom, showing 25 M.P.H. , etc. It is estimated cost will be around $200.00 and he would like to give this serious consideration. He also requested that Chief Stucki use the radar. There being no further business, Mayor Howell declared the meeting adjourned. v;4 : t' Fill` S Howell Mayor-Commissioner Attest: Adele S . Grage City Clerk d 4' March 8, 1968 RECEIVED City Commission �'.�{�� � ivy Atlantic Beach, Florida Subject : 1968 Budget Ordinance 20-67-16 THE CITY OF.ATLANTIC BEACH. Honorable Mayor and Commissioners: I respectfully request this letter be placed on the agenda, read, and made a part of the minutes at your next regular Commission Meeting, March 11, 1968. A review of the record regarding subject Ordinance, reveals; Ordinance 20-67-16 was presented in full, in writing and passed on First reading by title only at regular Commission Meeting December 11, 1967. Copies of said ordinance made available for public review contained Section 1-the Budget, and Section 2-Effective Date. Ordinance 20-67-16 was presented in full, in writing and passed on Second and Final reading after Public Hearing at Special Called Meeting December 26, 1967, with Section 2 changed to: "All Ordinances or parts of Ordinances in Conflict herewith and Section 1 of Ordinance 50-66-6 are hereby repealed. " and Section 3 added to establish effective date. The inclusion of Section 2 presented the first time at the Second Reading, constituted a change of substance. The passage of Ordinance 20-67-16 as ammended at the Special Meeting December 26, 1967, was in violation of Article II, Section 20, City Charter, City of Atlantic Beach, Florida. In addition, I call your attention to and quote from Auditors Comments, 1963 Audit regarding Officially established salary limits: "page 3. It was noted that the 1963 budget and the 1964 budget (adopted during the year under review) contain total appropriations for salary and wages by departments with no detail of established authorized salary limits for specific administrative positions. We realize that this may be xFRcji xl m-) xiflO s 1 . • Page - 2 - acceptable procedure in municipal budgeting but recommend that an accompanying "Wage and Salary' ordinance or resolution be passed along with the budget each year to officially establish salary limits. We found it impossible to adequately audit such salary payments for the year 19b3 due to the absence of such official documents. " It therefore appears that by violation of the City Charter as stated above, the legality of the 1968 Budget is questionable. It further appears by failure to have established official "Wage and Salary" ordinance or resolution, the City Commission is subject to severe and justifiable criticism. I urge your Honorable Body take immediate action to correct and clarify these matters in the best interest of the Citizens of Atlantic Beach. Sincerely, D. L. Goodlingl DLG/wr cc : Mayor Howell cc : Commissioner Rosborough cc : Commissioner Longo cc : Commissioner Weldon cc : Commissioner Holloway cc : City Attorney, Oliver Ball 1(FRO� XICRO� �XFRO /KF CITY OF Man& a RESOLUTION #68-5 WHEREAS, S. Causey has served the people of the City of Atlantic Beach, Florida, as Patrolman since March 11, 1966, and WHEREAS, Patrolman Causey has diligently, conscientiously and faithfully performed the duties and obligations of his job. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH: THAT Patrolman Causey be recommended for his outstanding alertness and devotion to duty in apprehending the felon suspected as being the party or parties that did break and enter into the Selva Marina Country Club on two occasions; and THAT recognition of such service be spread upon the minutes of this body and that a copy of this resolution be presented to Patrolman Causey as a token of appreciation from the people of the City of Atlantic Beach. * * * * Adopted by the City Commission of the City of Atlantic Beach, Florida, on March 11, 1968. Attest: C -0 Adele S. Grage (SEAL) City Clerk The Florida Times-Union , Jacksonville Journal FLORIDA PUBLISHING COMPANY Publishers JACKSONVILLE, DUVAL COUNTY, FLORIDA STATE OF FLORIDA } COUNTY OF DUVAL Before the undersigned authority personally appeared _ ._ CALL FOR BIDS SPECIFICATION NO 68-5 E• v Clifton SEDAN PICKUP TRUCK N v , who on oath Says that he is Sealed bids will be recieved by the City Commission of the City of Atlantic Beach, Florida, until 8:00 P.M., E.S.T., ,7 Monday, March 11, 1968, for furnishing Re 1', 11 Adv7� CT one (1) new, current model Sedan Pickup T_ nag. r of The Florida Times-Union, and Truck. The equipment to be furnished, delivery thereof, and warrantee requirements, shall be in accord with specifications which JacksonvilleJournal, dailynewspapers at Jacksonville in Duval County, ,may be examined at, or procured from published Y the City Clerk's office in the City Hall, ,Atlantic Beach, Florida. The City reserves the right to resect any and all bids, or to accept the bid deemed Florida; that the attached copy of advertisement, being a___ most advantageous and in the best inter- est of the City of Atlantic Beach Each bid should be in a sealed envelope addressed to The City Commission, At- T i lactic Beach, Florida, marked "Sedan eal Z\O�-1_ �_ pickup Truck", and delivered to the City Clerk's office not later than 8:00 P.M., E.S.T., Monday, March 11, 1968, at which time bids will be opened. `� CITY COMMISSION in the matter of __ if3d. x1._�3�JIz1__f Liv ___ OF THE CITY OF ATLANTIC BEACH, FLA. By: R.C.VOGEL, Acting City Manager Attest: ADELE S. GRAGE, !City Clerk 1 the Court, was published in the__.JfCkzofuia.1e---JTnurn l in the issues of M'a.rCh _2y_1-9.i 8 Affiant further says that the said The Florida Times-Union and Jacksonville Journal are each newspapers published at Jacksonville, in said Duval County, Florida, and that the said newspapers have each heretofore been continuously published in said Duval County, Florida, } The Florida Times-Union each day, and Jacksonville Journal each day except Sundays, and a each has been entered as second class snail matter at the postoffice in Jacksonville, in said Duval County, Florida, for a period of one year next preceding the first publication of the attached (�f n copy of advertisement; and affiant further says that he has neither paid nor promised any per- IllliUJ, tL J!� son, firm or corporation any discount, rebate, commission or refund for the purpose of securing LC this advertisement for publication in said newspaper. iia I:i'vU Sworn to and subscribed before me this 4th - day of rch A-D— ,g 68 THE CITY OF ATLANTIC BEACH Notary Public, ate of Florida at Large. My Commission Expires ._.i_--19-71 ' The Florida Times-Union Wi Jacksonville Journal FLORIDA PUBLISHING COMPANY Pif blishers JACKSONVILLE, DUVAL COUNTY, FLORIDA _ CALL FOR BIDS SPECIFICATION NO.68-61 USED PULVIMIXER STATE OF FLORIDA Sealed bids will be received by the Cify Commission of the City of Atlantic COUNTY OF DUVAL Beach, Florida, until 8:00 P.M., E.S.T., Monday, March 11, 1968, for furnishlnp (1) used Pulvimixer. Co4uip ndnt Warranteenisrheed irements, Before the undersigned authority personally appeared II( Ibe in accord may"' minimum ---- ------- - - - Ions which ma speclfi- v be examined at, or I Procured from the City Clerk's office in LT Clifton The Ciiv Hall,Atlantic Beach, Florida. �� w� , who on oath says that he is The City reserves the right to reiecf any and all bids, or to accept the bid deemed most advantagebus.and¢yr the best infer- est of the City of Atlaht`rr'Beach. Retail Advertising Manager of The Florida Times-Union, and Each bid should be in a sidled envelope addressed to The City:Commission qf, laniic deach, Florida, marked "Pulvimix- Jacksonville Journal, dailynewspapers at Jacksonville in Duval County, 'f Ce nota laterthan 8:00 the City Clerk's of- , publishedy day, March I1, M•, E.S,T. Mon- will be opened. 1968, at which time bids Florida; that the attached copy of advertisement, being a._.. OF THE COMMISSION CITY OF ATLANTIC BEACH, FLA. BY: R. C. VOGEL Legal Notice Attest: AC}In9 City Manayar 'ADELE S. GRAG,:. 1 City Clerk in the matter of Med Pubrinizer 1 tliti Court, was published in Jacksonville Journal in the issues of March 2, 1968 Affiant further says that the said The Florida Times-Union and Jacksonville Journal are each newspapers published at Jacksonville, in said Duval County, Florida, and that the said newspapers have each heretofore been continuously published in said Duval County, Florida, The Florida Times-Union each day, and Jacksonville Journal each day except Sundays, and each has been entered as second class mail matter at the postoffice in Jacksonville, in said Duval County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any per- n son, firm or corporation any discount, rebate, commission or refund for the purpose of securing �iI ii'this advertisement for publication in said newspaper. IECt u Sworn to and subscribed before me AMR °-- 1968 this 4th day of March A� 19__x$_ _>.- /� ` i pit CITY OF ATLANTIC BEACH • Notary Public, Mate of Florida at Large. My Commission Expires 9/19/71