03-27-89 v CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, MARCH 27, 1989
AGENDA
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of March 13, 1989
2. Recognition of visitors
3. Appearances:
A. John P. Holman, Jr. Video Productions to discuss with the City
Commission a proposal to televise City Commission meetings for
showing on the public access channel of Cable television
4. Consent Agenda:
A. Accept for maintenance the public improvements in Selva Lakes
Phase II, Part II
B. Accept for grading maintenance, Begonia Street between Levy
Road and West 14th Street
C. Acknowledge receipt of the 1988 summary report of the status of
the employees' pension fund
D. Acknowledge receipt of a copy of an article from the Washington
Post regarding a possible curfew in that area that is being
attacked by the American Civil Libertys Union as being
unconstitutional
E. Acknowledge receipt of a letter from Townsend Hawkes relative
to the activities of Beejay Lester, Animal Control Officer of
Atlantic Beach
5. Committee Reports:
A. Acknowledge receipt of the minutes of the meeting of the
Professional Services Evaluation Committee and ratify the
priorities established by the committee and the negotiation of
a price with the number one firm Gee & Jenson Engineers
6. Actions on Resolutions:
A. Resolution 89-12 action by the City Commission on a Resolution
setting forth specific investment guidelines for the City of
Atlantic Beach
B. Resolution No. 89-14 introduction and adoption of a Resolution
welcoming the newest member of the United States Naval Fleet to
the Mayport Naval Station the USS Philippine Sea
C. Resolution No. 89-13 which names and dedicates Poinsettia
Circle
7. Action on Exceptions:
A. Receipt of Community Development Board recommendations relative
to an application for exception filed by Mr. John Becker to
utilize a lot in Section H on West 8th Street for the sale of
used cars and the development of car kits and setting of a
public hearing for April 10, 1989
8. Action on Ordinances:
A. Ordinance No. 90-89-143 proposing to rezone property on Church
Road and Atlantic Beach owned by Mr. and Mrs. Steven Mabry from
RG-1 to CG and setting a public hearing for May 8, 1989
B. Ordinance No. 90-88-138 public hearing and final reading of an
Ordinance amending the Ordinance Code relative to the
regulation of home occupations
9. Miscellaneous Business:
10. City Manager Reports:
11. Mayor to call on City Commissioners, City Attorney, City Clerk for
reports/or requests:
Adjournment
MINUTES OF THE R GU AR MEETING OF THE MANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON MARCH 27, 1989, AT 7:15 PM V V
O O
T T
PRESENT: William I. Gulliford, Jr. , Mayor/Commissioner E E
Robert B. Cook, Sr.
Glenn A. Edwards D D
Adelaide R. Tucker, and
Alan C. Jensen, Commissioners M S
O E
AND: Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I 0 Y
Maureen King, City Clerk NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of March 13,
1989.
Cook x
Notion: Approve minutes of the regular meeting of March 13, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of visitors
Mr. Al Tucker, Manager of Fleet Reserve Club No. 290, addressed the
Commission relative to the carnival which had been approved at the
previous commission meeting. Mr. Tucker outlined several community
projects and services in which the Fleet Reserve had participated,
including blood drives, donations of food baskets, scholarships,
and Christmas activities for paraplegics, and listed other
charitable organizations which had been recipients of Fleet Reserve
Club donations. He explained the Fleet reserve received 15% of the
proceeds from the carnival and this was one of their largest annual
fund raisers. Mr. Tucker explained that he and the organizers of
the carnival had met with Chief Thompson and established mutually
acceptable rules which he felt had been honored.
Mr. Hal Whittaker, 14019 Beach Boulevard, President of Fleet
Reserve stated the carnival had been shut down and requested
authorization from the Commission to resume the activities.
Several other members of the Fleet Reserve were in attendance along
with owners and operators of the carnival and all echoed the
sentiments of Messrs. Tucker and Whittaker.
Cindy Voutour, 570 Orchid Street complained about the loud music.
Mr. Tom Hadden, 500 Orchid Street, said he worked shift work and
had difficulty sleeping during the daytime hours, and Mrs, Hadden
complained of the undesirable element which the carnival attracted.
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Chief Thompson said the Police Department had received a number of
complaints which had come from only one or two individuals. He
stated the carnival organizers had been most cooperative and were
willing to make further concessions. The residents had indicated
to him they were willing for the carnival to continue for the week
and he anticipated no problems and had no objections to their being
allowed to continue.
Commissioner Edwards strongly endorsed the activities of the Fleet
Reserve and particularly, their work with veterans. He said their
by-laws set restrictions on how they may raise funds and encouraged
the residents of the area to support the Fleet Reserve in view of
the many people who would be helped and the relatively few who were
inconvenienced. To deny them the opportunity to operate such a
fund-raiser is to eventually deny them their existence.
Mayor Gulliford said permission for the carnival had been granted
at the previous meeting with some reservations, since no
representatives from either the Fleet Reserve, the carnival, or the
residents had come to the meeting to answer any questions. The
Mayor indicated in the future when similar activities are planned
the City would make an effort to inform residents in the area well
in advance. He requested the carnival organizers to do everything
possible to minimize the noise, and next year to contact the City
well in advance of the activity, and all options, including an
alternative site, would be considered.
* * * * * * * * * * *
Mr. Ronald Brugh stated he represented Teril Watson who owned a
home on Ocean Boulevard. The water meter for this house is located
on Beach Avenue and Mr. Brugh requested the meter be moved to Ocean
Boulevard. He said the City had previously offered to move the
meter with the cost to be divided equally between the City and Ms.
Watson, but that Ms. Watson had felt in view of the fact she had
been an Atlantic Beach resident for some twenty-five years, the
City should move the meter at no expense to her.
The City Manager stated the meter was on the west side of Beach
Avenue and in the event it was necessary to cut the road to move
the meter, the cost would be approximately $500.00. If it could be
jetted under the road, the cost would be around $250.00.
Further discussion ensued relative to when the lot had been
subdivided and Commissioner Cook suggested if the lot had been
subdivided before Ms. Watson bought the property, it was his
feeling the City should be responsible for moving the meter. If,
however, Ms. Watson subdivided the property and sold a portion of
it, then the cost of moving the water meter should be borne by Ms.
Watson.
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Nbtion: Research property records and in the event the Cook x x
subdividing took place before Ms. Watson purchased Edwards x
the property, move the water meter with the City Jensen x x
to be responsible for all costs Tucker x
Gulliford x
The motion carried on a four to one vote with Commissioner Tucker
voting Nay.
* * * * * * * * * * *
Lt. James Hill of the Atlantic Beach Fire Department requested
permission to address the Commission relative to the City's pay
scale for firefighters. The City Manager reported some of the
equipment the firemen had requested had already been purchased and
Chief Rew had presented specifications for a new fire truck which
had already been budgeted. He said Cody and Associates had been
hired to do a study of the City's pay plan, and Mr. Cody was in
town and would be meeting with the firefighters this week and it
was hoped his report would be available in two weeks.
Lt. Hill presented each Commissioner with a comparison of
Jacksonville and Atlantic Beach pay scales. He said Atlantic Beach
had lost ten firefighters recently to the City of Jacksonville. In
spite of the generally accepted view that Atlantic Beach is too
small to compete with the City of Jacksonville, he said it was his
feeling Atlantic Beach already surpasses Jacksonville in many
areas, and cited, in particular, garbage collection. He would like
to see the City of Atlantic Beach keep a highly trained,
professional fire department and expressed concern over the lack of
experience of the current firefighters. He indicated the situation
relative to equipment needs is being addressed and hoped for better
communication during the budgeting process.
Mayor Gulliford thanked Lt. Hill for his comments and said he
planned to visit the fire department and accompany them on calls on
Friday night.
Lt. Smith said he had recently been certified as a fire inspector
and requested official action relative to his new classification
and his additional responsibilities.
Mayor Gulliford requested the City Manager to contact Mr. Cody and
ask that he present his report as quickly as possible.
3. Appearances:
A. John P. Holman, Jr., Video Productions, to discuss with the
City Ccnmission a proposal to televise City Commission meetings for
Showing on the public access channel of cable television
Mr. Holman presented a proposal to the Commission wherein he would
tape the proceedings of the Commission meetings to be aired on the
public access channel in the beaches area three to five days later.
He offered to tape one meeting at no charge to demonstrate the
quality of his work.
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Mayor Gulliford thanked Mr. Holman for his presentation and said he
did not know if the tax payers would consider this a justifiable
expenditure but instructed the City Manager to look into the matter
further.
4. Consent Agenda:
A. Accept for maintenance the public improvements in Selva Ickes
Phase II, Part II
B. Accept for grading maintenance Begonia Street between Levy
Road and West Fourteenth Street
C. Acknowledge receipt of the 1988 summary report of the status
of the employees' pension fund
D. Acknowledge receipt of a copy of an article from the
Washington Post regarding a possible curfew in that area that
is being attacked by the American Civil Liberties Union as
being unconstitutional
E. Acknowledge receipt of a letter form Townsend Hawkes relative
to the activities of Beejay Lester, Animal Control Officer of
Atlantic Beach
Motion: Approve passage of Consent Agenda Cook x x
Edwards x x
In brief discussion before the vote, relative to Item B, the City Jensen x
Manager explained Mr. Frohwein had opened the street in accordance Tucker x
with City specifications and had provided drainage. It was GUlliford x
necessary for the City to accept the street in order for Mr.
Frohwein to get financing for the homes.
In connection with Item E, Chief Thompson explained Mr. Hawkes had
suggested the City might look into the possibility of acquiring an
all-terrain vehicle for animal control and beach patrols.
No further discussion. The motion carried unanimously.
5. Committee Reports:
A. Acknowledge receipt of the minutes of the meeting of the
Professional Services Evaluation Committee and ratify the
priorities established by the committee and the negotiation of a
price with the number one fine, Gee and Jenson Engineers
The City Manager reported the Professional Services Committee,
which for this project had included Don Ford and Harry McNally, had
ranked the top five firms of those who had submitted proposals. He
explained time was an important factor since the City would pay
$75.00 per day until the system had been disconnected from the
Atlantic Utilities plant. The City Manager explained that in
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reviewing the contract to purchase the Atlantic Utilities system,
it was discovered the City had the option to use the Atlantic
Utilities Engineer, Bessent, Hammack and Ruckman, who had quoted
$18,000 for the project. Of the proposals submitted under the
terms of the Consultants Competitive Negotiation Act, Gee and
Jenson Engineers had been ranked the number one firm and they had
quoted a price of $29,000. It was the recommendation of the
committee, the City authorize Bessent, Hammack and Ruckman to do
the work.
Commissioner Cook asked whether it was legal to accept the quote of
Bessent Hammack in view of the fact negotiations had already been
undertaken with Gee and Jenson Engineers. The City Attorney
explained the Purchase and Sale agreement with Atlantic Utilities
authorized the City to either accept the services of the Atlantic
Utilities engineers or seek the services of an independent
engineer and it was his opinion authorizing a contract with Bessent
Hammack and Ruckman would be a legal action by the Commission. It •
was his understanding plans and specifications for the connection
to the water system had already been completed by Bessent, Hammack
and Ruckman prior to the coil letion of the sale.
Notion: Terminate the Competitive Negotiations and authorize
the City Manager to enter into a contract with Cook x
Bessent, Hammack and Buckman in the amount of Edwards x x
$18,000, for engineering services for inter- Jensen x
connecting the Buccaneer water and sewer treatment Tucker x x
plants with the Atlantic Utilities system in Oak Gulliford x
Harbor
No further discussion. The motion carried on a four to one vote
with Commissioner Cook voting Nay.
6. Action on Resolutions:
A. Resolution No. 89-12 setting forth investment guidelines for
the City of Atlantic Beach
Mayor Gulliford presented in full, in writing, Resolution No.
89-12. The City Attorney explained the City did not have an
Ordinance setting out an investment policy and this had been a
recommendation of the city auditors. He outlined legislation which
became effective October 1, 1988 relative to investment of surplus
funds. The legislation mandated that the governing body of a
municipality shall by Resolution adopted from time to time,
authorize investments of surplus funds, and he had prepared the
Resolution to comply with that requirement. Brief discussion
ensued and Mayor Gulliford asked the wishes of the Commission
relative to the Resolution, but the matter died for lack of a
motion.
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B. Resolution No. 89-14 welcoming the newest member of the United
States Naval Fleet to the Mayport Naval Station
Mayor Gulliford presented in full, in writing, Resolution No.
89-14 welcoming the Philippine Sea to the Mayport Naval Station. Cook x x
Edwards x x
Motion: Approve passage of Resolution No. 89-14 Jensen x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
C. Resolution No. 89-13 which names and dedicates Poinsettia
Circle
Mayor Gulliford presented in full, in writing, Resolution No.
89-13.
Jensen x
Notion: Approve passage of Resolution No. 89-13 Cook x
Commissioner Jensen pointed out the name "Poinsettia Court" had
been agreed upon at the previous meeting and since the minutes of
that meeting had already been approved, requested the word "Circle"
in the Resolution be changed to "Court."
Cook x x
Amended Notion: Approve passage of Resolution No. 89-13 as Edwards x
amended Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Ghlliford x
7. Action on Exceptions:
A. Receipt of Cavity Development Board recommendations
relative to an application for exception filed by Mr. John Becker
to utilize a lot in Section H on West Eighth Street for the sale of
used cars and the development of car kits, and setting a public
hearing for April 10, 1989
Mayor Gulliford explained the Community Development Board had
recommended approval, with the condition Mr. Becker be limited to
servicing no more than five cars at one time and that a fence be
erected.
Notion: Accept the dation of the Community Cook x
Development Board and set public hearing for April Edwards x x
10, 1989 Jensen x x
Tucker x
For the information of the Commission, Mr. Becker explained that Gulliford x
car kits were fiberglass replicas of various models which could be
mounted on any type chassis. Only mounting and repair work would
be done at West Eighth Street.
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8. Action on Ordinances:
A. Ordinance No. 90-89-143 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING
ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING
MAP TO REZONE LAND OWNED BY STEPHEN H. MABRY AND DESCRIBED ON
EXHIBIT "A" ATTACHED HERETO F114 RESIDENTIAL Com, (RG2) TO
COMMERCIAL CIAL CENERAL (CG) ; AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
90-89-143 on first reading.
Motion: Approve passage of Ordinance No. 90-89-143 on first Cook x
reading by title only, and set for public hearing Edwards x x
May 8, 1989 Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Ordinance No. 90-88-138 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF MANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, ARFICLE III, DIVISION 7,
SECTION 24-159, DOPE OCCUPATION REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE
Mayor Gulliford presented in full, in writing Ordinance No.
90-88-138 on second and final reading. Said Ordinance was posted
in accordance with Charter requirements. The Mayor opened the
floor for a public hearing and invited comments from the audience.
Since no one spoke for or against the Ordinance, the Mayor declared
the public hearing closed.
Cook x
Notion: Approve passage of Ordinance No. 90-88-138 on second Edwards x x
and final reading Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
9. Miscellaneous Business:
Brief discussion ensued relative to the recycling program and Mayor
Gulliford said he had written a letter to all Atlantic Beach
citizens in that connection. The City Manager reported Andy May of
Gee and Jenson, was working on a contract with Waste Management for
recycling and as soon as the contract is signed, the bins would be
ordered.
10. City Manager Reports
The City Manager reported he and the City Attorney along with Mr.
Snellings of Connelly and Wicker, and Public Services Director
Ford, had made several unsuccessful attempts to meet with Mr.
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Blackard to discuss the right-of-way for the proposed dune overwalk
at Sixteenth Street. The City had been granted an easement and
according to the City's engineers and surveyors, the easement does
extend to the street and it was the recommendation of the City
Manager construction on the walkway be undertaken in accordance
with the plans and specifications in the contract awarded by the
City Commission.
Ordinance No. 95-89-39
AN ORDINANCE INTRODUCED AND ADOPTED AS AN ENERGENCY MEASURE CLOSING
AND VACATING THE NORTHERLY FIVE (5) kler OF THE THIRTY-ONE (31)
FEET ESP OVER THE SOUTHERLY PART OF IAT THIS-SIX (36) , SRr,VA
LINKSIDE SUBDIVISION; PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
95-89-39.
The City Attorney explained passage of this Ordinance would be
necessary to formalize verbal authorization granted to Mr. John
Andresen, 1993 Colina Court, at the previous meeting. Mr. Andresen
had been authorized to move a 10-inch water line which ran under a
portion of his house and it would now be necessary for the City to
close and vacate that portion of the easement. Mr. Andresen could
not close the mortgage loan on this residence until this action had
been taken. Cook x
Edwards x x
Notion: Pass Ordinance No. 95-89-39 on first reading Jensen x
Tucker x x
No discussion. The motion carried unanimously. Gulliford x
Mayor Gulliford presented Ordinance No. 95-89-39 on second and
final reading.
Cook x x
Notion: Pass Ordinance No. 95-89-39 as an emergency on Edwards x x
second and final reading Jensen x
Tucker x
No discussion before the vote. The motion carried unanimously Gulliford x
Commissioner Cook asked Harry Royal if he would express his
feelings on the Resolution dealing with investments. Mr. Royal
said the Resolution gave the Finance Director and City Manager more
latitude where investments were concerned and he did not feel that
was what the City would want. He also said the recommendation of
the City Auditors had been that the City develop an investment
policy and that the Resolution addressed investment procedures.
The City Attorney stated he had prepared the Resolution based on
recent legislation covering investment of surplus municipal funds
and it was his intent that the City should be in a position to
receive the maximum amount of interest on the investments of
surplus funds, and that the Resolution would provide appropriate
security to the City. Further discussion ensued and it was the
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general consensus the City should prepared an Ordinance
establishing an investment policy. The City Attorney was directed
to review Mr. Royal's comments and draft the Ordinance in
accordance with the requirements of the City Charter and the
Florida Statutes.
Commissioner Cook said it had been his understanding Eleventh
Street formerly ran from Seminole Road to the sewer plant.
However, he learned from recent conversations with the City Manager
that an easement existed only on the west side of the water plant.
Commissioner Cook said residents living west of the sewer plant had
used this passage way for years to go to the beach. He expressed
concern that since the Selva Lakes subdivision abuts the Selva
Linkside property, access to the beach would be cut off from those
residents if the developers of these subdivisions should decide to
fence their property. The City Manager was asked to look into
this situation further.
The City Manager reported he had received updated plans from
Clements, Rumple, Goodwin for the proposed new City Hall. This
would be a subject for discussion at a subsequent meeting.
Commissioner Cook referred to Ordinance No. 95-89-38 which had
Dean adopted on February 13, 1989, authorizing the exchange of
property between Mr. William Hixon and the City. It had come to
his attention there was a difference in valuation of the lots and
Commissioner Cook said he felt the difference in valuation was
merely a matter of the location of the lots, Mr. Hixon's lot being
landlocked within City park property. Commissioner Jensen said the
appraiser had presented an opinion and the Commission, by agreeing
to the exchange of properties, determined the lots were of equal or
comparable value. The City Attorney was directed to contact the
appraiser, Mr. Stccg, and ask for his comments with regard to the
location of the properties.
Mayor Gulliford announced the Wonderwood Committee would meet
Thursday, March 30, 1989, at Mayport Junior High School. He said
he had attended the previous meeting at Merrill Road Elementary
School, and complimented Commissioner Cook on how he had
represented the beaches residents on this issue.
The next meeting of the Safe Neighborhood Committee had been
scheduled for Tuesday, March 28, 1989.
There being no further business to come bef. - _ - Commission, the
Mayor declared the meeting adjo ed.
, A \..'Ada
Willi. I. Gulliford, \Mayor
-7R1 L
Maureen King, City C1lerk