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08-28-89 v MINUTES OF THE BUDGET WORKSHOP MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON MONDAY, AUGUST 28, 1989 The meeting was called to order by Mayor Gulliford. Present in addition to the Mayor, were Commissioners Cook, Edwards, Jensen, and Tucker. Also present were City Manager Leinbach, Finance Director Royal and City Clerk King. Budget discussions at this meeting included Account 524, Building; Account 590, Equipment Maintenance; Account 533, Buccaneer Water including Oak Harbor Water; Account 535, Buccaneer Sewer including Oak Harbor Sewer; Atlantic Beach Sewer. In discussion relative to deficits in the Oak Harbor Water and Sewer System revenues, it was pointed out the annual charge of $250 per household was for the purpose of paying for the system and would not be enough to cover maintenance. Mayor Gulliford asked that revenues from Oak Harbor system be tracked for a few years, and in the meantime it was decided to make a loan from the Buccaneer System to Oak Harbor and charge interest on same. Don Ford said he had included $50,000 for sludge hauling containers. He said this could be eliminated since after contact with the City of Jacksonville relative to the anticipated closing date for the Girvin Road Landfill, he felt the landfill would be open for at least another year and the sludge hauling containers may not be needed during this fiscal year. It was also felt the figure for sewer repair and replacement could be substantially reduced if the proposed projects could be accomplished in several phases. A recap of action on the budget is attached hereto and made a part hereof. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:00 PM. ALA. Al.Wil iam I. Gu cif Mayor/Presiding 0 ATTEST: ure n King, City Clerk a (��� 1� BUDGET REkU'E•3T BUDGET" boh"skc;3HOP` %118—i8-8.3 FY 1.38.3—•3a+1 ADDITIONS ACCOUNT NO. DEPARTMENT s:DELETIONS NOTES 01-'617-120Z City Clerk t'I:s, 342)Correct i ons from 08-21-8'3 Budget Workshop. R l so 01-s17-1:s00 >8'2) a'f'fects fringe benefits. 01-s17-210 ;1, 169) 01-t17-2200 k1,534/ Z1-'617-2300 s17-2_3'0 'S0? 01-c17-2400 s;87) 01-:s24-2300 wilding 1,440 Addition of Health Insurance Total General Fund k16,864) 41-53t-6300 C.R.D.Sewer s: 0,0001 Delet ions of Sludge Containers 41-5<3'5-6300 C.R.R.'ewer R. 6 R. s;:'00 000)Reduct ions of Sewer Rehabilitation Project 43-;s33-6300 Suc.Water 6, 100 Correction from 08-21-8'3 Budget Workshop Total Enterprise Funds t243,W%n Note: in addition, it was decided that for the time being the Ducanneer Water and Sewer System would temporarily loan the Oak Harbor Water and Sewer System suffiecient funds to eliminate any deficits in the Oak Harbor System. This amountis estimated to be ap'r•oi;imately $120,000. CITY OF ATLANTIC BEACH REGULAR MEETING, MONDAY AUGUST 28, 1989 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of August 14, 1989 and special meeting of August 21, 1989 2. Recognition of visitors: 3. Appearances: A. Susan Podzamsky to discuss Christmas celebration in Atlantic Beach B. Approval and acceptance of agreement between the City of Atlantic Beach and Kawasaki Motor Corporation 4. Consent Agenda: A. Proclamation declaring October 8-13, 1989 as Navy Wives Club of America Week 5. New Business: A. Resolution authorizing Mr. Jay Steele of Mahoney, Adams, Milan, Surface and Grimsley to proceed with litigation on Hanover vs. City of Atlantic Beach and the Blackard case in connnection with the 16th Street dune overwalk (Resolution #89-41) B. Resolution authorizing Stephen Stratford to proceed with litigation on DeWees Avenue beach access (Resolution 89-42) C. Approval and acceptance of Deed of Easement from Atlantic Utilties of Jacksonville, Inc. 6. Old Business: A. Commission/Chief of Police to present names for consideration for nomination to fill vacancy on the Public Nuisance Control Board 7. Committee Reports: A. Report and recommendations from Finance Director concerning insurance proposals 8. Resolutions: A. Resolution #89-40 supporting the Stop Drugs at the Source Treaty Campaign 9. Action on Ordinances: A. Introduction and first reading of Ordinance #95-89-42 prohibiting theft of items from recycling containers B. Introduction and first reading of Ordinance #80-89-42 amending impact fees for car washes C. Public hearing and final reading of Ordinance 95-89-41 concerning Buccaneer Water and Sewer Revenue Bonds extending date of redemption D. Action on Ordinance #5-89-21 in regard to a City Commissioner serving as City Attorney or City Clerk E. Public hearing and final reading of Ordinance #90-89-146 amending Chapter 24, Article III, Home Occupation Regulations F. Public hearing on Ordinance #90-89-144 withdrawn. Introduction of first reading of Ordinance #90-89-147 amending the Ordinance Code of the City of Atlantic Beach, amending Chapter 24 of the Comprehensive Zoning and Land Developement Code in regards to Lots 41, 42, 45, 46, 47, 48, 50, 51, 52, 54, 59, 60 North Atlantic Beach Unit 2 from RG2 to RG1 10. City Manager Reports and/or Correspondence: 11. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM— MISSION HELD AT CITY HALL ON AUGUST 28, 1989, AT 7:15 PM V V O O _'RESENT: William I. Gulliford, Mayor/Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D Alan C. Jensen Adelaide R. Tucker, Commissioners M S AND: Kim D. Leinbach, City Manager 0 E Mark Arnold, substituting for the interim City Attorney T C who was ill 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 August 14, 1989 and special meeting of August 21, 1989 Cook x Motion: Approve minutes of the regular meeting of August 14, Edwards x x 1989 Jensen x x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x Cook x Motion: Approve minutes of the special meeting of August 21, Edwards x x 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x * * * * * * * * * * * * At this time Mayor Gulliford introduced Florida State Representative, Joe Arnall, who was in the audience. * * * * * * * * * * * * 2. Recognition of Visitors: Lois Weiss, 253 Seminole Road, presented a petition with 175 signatures opposing the new neon lighting which had recently been installed at the Sea Turtle Inn. She said a permit had been issued for a sign and in her opinion the light did not conform to the requirements of the city code and requested the permit be revoked. Jan Johnson of Jacksonville Beach, and Mort Hansen, 2028 Selva Madera Court, both of whom are actively involved with the Greenpeace organization, expressed objections to the light based on the negative affect it would have on the sea turtle hatchlings. They hoped the Sea Turtle would voluntarily discontinue the use of the light, and if not, they requested revocation of the permit. Others who expressed objection to the light were Penny Singleton Reilly, 159 Third Street; George Santiana, 239 Beach Avenue; Cliff Payne, 51 Beach Avenue; Dot Weiss, 99 Beach Avenue; and Ron Gray, 63 Beach Avenue. • PAGE TWO V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN • Mayor Gulliford said he would personally contact Mr. Bristol of the Sea Turtle in an effort to resolve the matter and directed the City Manager to review the permit with the City Attorney. The subject will be addressed further at the next meeting. * * * * * * * * * * * * * Rev. Kennerley of Roberts Mt. Pisgah A.M.E. Church said he had previously offered the city the opportunity to purchase land abutting Donner Park, off Church Road at a price of $10,000. He said a second map indicated the property was larger than he had initially thought and his church was now asking $14,000. He would like the condition added that in the event the land ceases to be used for a park, ownership would revert back to the church. He pointed out church property is presently being used for parking for the park. In the event another entity should purchase the land, access to the park from Church Road would be cut off and there would be no parking at the north end of the park. Mayor Gulliford directed the City Manager to review the maps and negotiate a price with the church, and bring recommendations to the next commission meeting. * * * * * * * * * * * * * Winnie Harvey inquired about water which was bubbling out of the ground on the City Hall grounds and was advised this was from the air conditioning system and a sprinkler head was probably broken. This would be looked into and corrected. * * * * * * * * * * * * * 3. Appearances: A. Susan Podzamsky to discuss Christmas celebration in Atlantic Beach Ms. Podzamsky presented a proposal for a Christmas program to be presented on the City Hall grounds. She outlined several options covering such activities as Christmas Tree lighting, carolling, elves to do face painting, Santa Claus, etc. , along with their related prices. She had also made plans for signs and posters to be submitted by the Atlantic Beach Elementary School children. Commissioner Cook said while he supported the idea, he had some concern about whether the city could put on such a program without risking complaints from those opposed to such a religious program. It was generally felt this would be good for the city and would include a large segment of the community. Further discussion ensued and it was agreed monies would be transferred to an account for the purpose of providing Christmas activities on the assumption reimbursement would be made from fees raised by the Parks and • PAGE THREE V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN Recreation Department. Ms. Podzamsky was asked to get with Ms. Blanchard and decide on a date and report back when a program had been worked out. Cook x x Motion: Allocate $5,000 for Christmas activities, said figure Edwards x x to include the cost of a Christmas tree Jensen x Tucker x No further discussion. The motion carried unanimously. Gulliford x B. Approval and acceptance of agreement between the City of Atlantic Beach and Kawasaki Motor Corporation Cook x x Motion: Approve entering into agreement with Kawasaki for the Edwards x x loan of a jet ski to be used for water rescue and law Jensen x enforcement Tucker x Gulliford x No discussion before the vote. The motion carried unanimously. 4. Consent Agenda A. Proclamation declaring October 8-13, 1989 as Navy Wives Club of Cook x x America Week Edwards x Jensen x Motion: Approve passage of Consent Agenda Tucker x x Gulliford x 10 discussion before the vote. The motion carried unanimously. 5. New Business: A. Resolution No. 89-41 Mayor Gulliford presented in full, in writing, Resolution No. 89-41 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING JOHN E. STEELE, ESQUIRE, OF THE LAW FIRM OF MAHONEY, ADAMS, MILAM, SURFACE & GRIMSLEY, TO REPRESENT THE CITY OF ATLANTIC BEACH IN LITIGATION CURRENTLY PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, JACKSONVILLE, DIVISION, HANOVER INSURANCE COMPANY, A CORPORATION, PLAINTIFF, V. CITY OF ATLANTIC BEACH, FLORIDA, A MUNICIPAL CORPORATION, DEFENDANT, AND, FURTHER, TO REPRESENT THE CITY OF ATLANTIC BEACH IN LITIGATION CURRENTLY PENDING IN THE CIRCUIT COURT, DUVAL COUNTY, FLORIDA, WILLIAM R. BLACKARD, JR., PLAINTIFF, V. CITY OF JACKSONVILLE, FLORIDA AND CITY OF ATLANTIC BEACH, FLORIDA, DEFENDANTS; AUTHORIZING PAYMENT OF LEGAL FEES IN CONNECTION WITH SAID PROCEEDINGS, PROVIDING AN EFFECTIVE DATE Cook x Edwards x Motion: Approve passage of Resolution No. 89-41 Jensen x x Tucker x x In brief discussion before the vote, Commissioner Cook commented Gulliford x that the section relating to fees for services was somewhat vague. The question was called and the motion carried unanimously. PAGE FOUR V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN B. Resolution No. 89-42 Mayor Gulliford presented in full, in writing, Resolution No. 89-42 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING STEPHEN STRATFORD, ESQUIRE, OF THE LAW FIRM OF ARNOLD AND STRATFORD, P.A. , TO REPRESENT THE CITY OF ATLANTIC BEACH IN LITIGATION CURRENTLY PENDING IN THE CIRCUIT COURT, DUVAL COUNTY, FLORIDA, PAUL ANDERSON, ET AL., PLAINTIFFS, V. CITY OF ATLANTIC BEACH, DEFENDANTS; AUTHORIZING PAYMENT OF LEGAL FEES IN CONNECTION WITH SAID PROCEEDINGS, PROVIDING AN EFFECTIVE DATE. Cook x Edwards x Motion: Approve passage of Resolution No. 89-42 Jensen x x Tucker x x In brief discussion before the vote Mayor Gulliford pointed out he Gulliford x and former City Manager Richard Fellows, had met with Mr. Anderson and it was impossible for the city to meet some of Mr. Anderson's demands. The question was called and the motion carried unanimously. C. Approval and acceptance of Deed of Easement from Atlantic Utilities of Jacksonville, Inc. Cook x x Edwards x x Motion: Approve and accept Deed of Easement subject to Jensen x approval by the City Attorney Tucker x Gulliford x Jo discussion before the vote. The motion carried unanimously. 6. Old business: A. Commission/Chief of Police to present names for consideration for nomination to fill vacancy on the Public Nuisance Control Board Chief Thompson placed in nomination the name of Willie Miley, 1990 Park Street to fill the vacancy. He said Mr. Miley had expressed interest and would be willing to serve on the board. Cook x Motion: Accept the recommendation of the police chief and Edwards x x appoint Mr. Miley to fill the vacancy on the Public Jensen x x Nuisance Control Board Tucker x Gulliford x No discussion before the vote. The motion carried unanimously. 7. Committee Reports: A. Report and recommendation from Harry E. Royal, Finance Director concerning insurance proposals Mr. Royal reported the city had received two proposals for consultant services in connection with property and casualty insurance, including Workers Compensation. The proposals were from two very different firms, the low quotation, from Rodriguez :onsulting Group, Inc. was $4,900 and the high, from Siver Management Consultants, was $10,000. It was Mr. Royal's recommendation that the city enter into an agreement with Mr. PAGE FIVE V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. M S Y N Rodriguez at the quoted price and in the event it was too late to receive bids in time for the October 1 effective date, the information and specifications would carry over to next year. Cook x Edwards x Motion: Award contract to Rodriguez Consulting Group at a Jensen x x price of $4,900 Tucker x x Gulliford x Mayor Gulliford said in recent years the cost of insurance had increased considerably and he felt this was a good first step toward holding the line on spiraling costs. The question was called and the motion carried unanimously. 8. Resolutions: A. Resolution No. 89-40 Mayor Gulliford introduced in full in writing Resolution No. 89-40 A RESOLUTION SUPPORTING THE STOP DRUGS AT THE SOURCE TREATY CAMPAIGN Cook x x Edwards x Motion: Approve passage of Resolution No. 89-40 Jensen x x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x 9. Action on Ordinances: A. Ordinance No. 95-89-42 - First Reading NN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 13, ARTICLE I, TO ADD SECTION 13-10, SAID SECTION MAKING IT UNLAWFUL TO TAKE OR REMOVE THE CONTENTS OF SOLID WASTE RECYCLING BINS; PROVIDING PENALTIES, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 95-89-42 on first reading. Cook x Edwards x x Motion: Approve passage of Ordinance No. 95-89-42 on first Jensen x reading and set for public hearing September 11, 1989 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Ordinance No. 80-89-42 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, UTILITIES, ARTICLE III, WASTEWATER SYSTEM. DIVISION 7, SEWER USER RATES AND CHARGES, SECTION 22-170, IMPACT FEES; AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 80-89-42 on first reading. Cook x Edwards x Motion: Approve passage of Ordinance No. 80-89-42 on first Jensen x x reading and set for public hearing September 11, 1989 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. • PAGE SIX V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN C. Ordinance No. 95-89-41 - Public Hearing AN ORDINANCE EXTENDING THE REDEMPTION DATE OF THE BUCCANEER WATER AND SEWER DISTRICT REVENUE BONDS IN EXCHANGE FOR CERTAIN REAL ESTATE, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 95-89-41 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 Edwards x Motion: Approve passage of Ordinance No. 95-89-41 on final Jensen x x reading Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. D. Ordinance No. 5-89-21 - Public Hearing AN ORDINANCE PROHIBITING ANY CITY COMMISSIONER FROM APPOINTMENT AS CITY CLERK OR CITY ATTORNEY DURING THEIR TERM OR WITHIN ONE YEAR AFTER EXPIRATION OF TERM; PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 5-89-21 on final reading. Said ordinance was posted in accordance with 2harter 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. Motion: Approve passage of Ordinance No. 5-89-21 on final Cook x reading The motion died for lack of a second. E. Ordinance No. 90-89-146 - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-159, HOME OCCUPATION REGULATIONS; AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 90-89-146 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. Ruth Gregg, 905 Sailfish Drive, inquired whether any limit had been set on the number of convenience licenses which could be issued for any address. After brief discussion, a limit of one license per person, with no more than two licenses per household, was established. • PAGE SEVEN V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN In response to a question from Elizabeth Nichols, 309 Belvedere Street, Mayor Gulliford read aloud the portions of the ordinance which were being changed. Since no one else wished to speak for or against the ordinance, the Mayor declared the public hearing closed. Motion: Approve passage of Ordinance No. 90-89-146 on final Cook x x reading, with the amendment that a limit of one Edwards a license per person, and no more than two licenses per Jensen x household be included in the ordinance. Tucker x x Gulliford x No further discussion. The motion carried unanimously. F. Ordinance No. 90-89-144 - Public hearing 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 LOTS 41, 42, 45, 46, 47, 48, 54, 59, 60 NORTH ATLANTIC BEACH, UNIT 2 FROM RG2 RESIDENTIAL GENERAL MULTIPLE FAMILY TO RG1 RESIDENTIAL GENERAL TWO FAMILY AND PROVIDING AN EFFECTIVE DATE. This ordinance was withdrawn owing to a discrepancy in the lot ' numbers and has been superseded by Ordinance No. 90-89-147 Ordinance No. 90-89-147 - First reading MN 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 LOTS 41, 42, 45, 46, 47, 48, 50, 51, 52, 54, 59, 60, NORTH ATLANTIC BEACH UNIT 2 FROM RG2 RESIDENTIAL GENERAL MULTIPLE FAMILY TO RGI RESIDENTIAL GENERAL TWO FAMILY, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford introduced in full, in writing, Ordinance No. 90-89-147 on first reading. Cook x x Edwards X Motion: Approve passage of Ordinance No. 90-89-147 on first Jensen x reading and set for public hearing October 9, 1989 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. 10. City Manager reports and/or correspondence: The City Manager announced he plans to make some changes to the agenda format and solicited comments from the City Commission when this plan is implemented. * * * * * * * * * * * * Mayor Gulliford said he had received a letter from the St. Johns River Water Management District relative to the water shortage and asked that the City Manager make the citizens aware of the restrictions. • PAGE EIGHT V V MINUTES NAME OF AUGUST 28, 1989 COMMRS. MSYN Commissioner Edwards reported he had attended a meeting of the Northeast Florida Regional Planning Council on August 24, 1989. He said it was the consensus of the group the concentrated efforts of elected officials and citizens would be needed if the transportation needs of the Northeast Florida would be met. At Mayor Gulliford's request Representative Joe Arnall addressed the Wonderwood Expressway project. He said he was not on any transportation committee but that while State Road 9-A was under consideration, Wonderwood Expressway seemed to have been eliminated once again. He said he would see what he could do to get it put back on the list. He encouraged the citizens to write all the legislators asking that additional funding be allocated to the North Florida area highways. * * * * * * * * * * * * Chief Thompson reported the Police Department had received the Jet Ski and training in its use had begun. * * * * * * * * * * * * There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:25 PM. 11 IIIIIII 1111,illiam I. Gulli ord Mayor/Presiding Office ATTEST: Maure Clerk