09-11-89 v MINUTES OF THE BUDGET MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD
AT CITY HALL ON MONDAY, SEPTEMBER 11, 1989
The meeting was called to order at 8:55 PM 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.
Mayor Gulliford said the new budget figures submitted by Harry Royal
reflected an ending balance of $70,474. In consideration of this the
proposed millage could be reduced from 2.8064 to 2.5901, representing a
millage increase of 1 .0337 over last fiscal year.
Commissioner Edwards moved to set the millage rate at 2.5901.
The motion was seconded by Commissioner Tucker and was
unanimously approved.
The mayor requested the various fees charged by the city be reviewed and
a recommended fee schedule, including suggested charges for recreational
activities, be presented to the City Commission for their review. He
said consideration could also be given to the introduction of a utility
tax on water and sewer.
There being no further discussion, the Mayor declared the meeting
adjourned at 9:05 PM.
1111111 �
'illiam I. Gulliford
Mayor/Presiding Office 111011111
ATTEST:
C-Pact,tx-4-7,-/
Maureen King, City Clerk
• CITY OF ATLANTIC BEACH
REGULAR MEETING, MONDAY SEPTEMBER 11, 1989
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of August 28, 1989
budget meeting of August 28, special meetings of August 31, and
September 5, 1989.
2. Recognition of visitors:
3. Proclamations:
A. Atlantic Beach, Neptune Beach and Jacksonville Beach jointly
proclaiming September 17-23, 1989 as Constitution Week
B. Proclamation declaring November 19-25, 1989 as Stay Alive Week
4. Appearances:
A. Request from William Trotter, president of American Lighthouse
Historical Society, asking for $5,000 or any portion thereof, to
be used for advertising purposes for the American Lighthouse
Historical Society
5. New Business:
A. Status report on Section H (William Howell)
B. Discussion and related activities of Tresca property (Mayor
Gulliford)
C. Public hearing for the purpose of considering the proposed
1989-90 budget for Atlantic Beach
6. Committee Reports:
A. Commissioner Edwards, Chairman of the Awards Committee with a
report and recommendations regarding bidding on construction of
Sturdivant St. and repaving of existing streets
7. Resolutions:
A. Resolution #89-43 appointing the Clerks, Deputies,
and Inspectors for the City of Atlantic Beach biennial election
and setting their compensation
8. Action on Ordinances:
A. Second reading and public hearing of Ordinance #95-89-42
prohibiting theft of items from recycling containers
B. Second reading and public hearing of Ordinance #80-89-42
amending impact fees for car washes
9. City Manager Reports and/or Correspondence:
A. Report concerning Roberts Mt. Pisgah Church
10. 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 SEPTEMBER 11, 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, Interim City Attorney (Substituting) T C
Maureen King, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Commissioner Gullitord. 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 28,
budget meeting of August 28, Special Meetings and August 31 and
September 5, 1989
Cook x
Motion: Approve minutes of the regular meeting of August 28, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Cook x
Motion: Approve minutes of the budget meeting of August 28, Edwards x
1989 Jensen x x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Cook x
Motion: Approve minutes of Special Meeting of August 31, Edwards x x
1989 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
Cook x
Motion: Approve minutes of Special Meeting of September 5, Edwards x x
1989 Jensen x x
Tucker x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of visitors
The Commission recognized Sandi Bell, 1175 East Coast Drive who
has previously asked for additional stop signs on East Coast Drive.
She presented a petition with thirteen names, representing seven
households, requesting a four-way stop sign at the intersection of
Twelfth Street and East Coast Drive.
Brief discussion ensued relative to moving the stop sign at
Eleventh Street to Twelfth Street, thus eliminating the need for an
additional stop sign. Barbara Bonner, 463 Selva Lakes Circle,
PAGE TWO V V
MINUTES NAME OF
SEPTEMBER 11, 1989 COMMRS. MSYN
objected to moving the stop sign at Eleventh Street since the
residents of Selva Lakes use this intersection to go to the beach
and she felt a stop sign was needed at that intersection.
Lt. Christman indicated the Police Department is still in the
process of doing a traffic study in that area and was not ready to
make recommendations at this time.
3. Proclamations:
A. Atlantic Beach, Neptune Beach and Jacksonville Beach jointly
proclaiming September 17-23, 1989 as Constitution Week
Mayor Gulliford presented in full, in writing, a joint proclamation
of the Cities of Neptune Beach, Jacksonville Beach and Atlantic
Beach, proclaiming the week of September 17-23, 1989 as
"Constitution Week."
B. Proclamation declaring November 19-25, 1989 as Stay Alive Week
Mayor Gulliford presented in full, in writing, a proclamation
supporting the Jaycees in their efforts to prevent teenage suicide
and declaring the week of November 19-25, 1989 as "Stay Alive Week"
and November 25, 1989 as "Stay Alive Day."
+. Appearances:
A. Request from William Trotter, President of American Lighthouse
Historical Society, asking for $5,000 or any portion thereof,
to be used for advertising purposes for the American
Lighthouse Historical Society.
Mr. Trotter was not in attendance but was represented by his wife.
Mrs. Trotter read aloud a letter from the American Lighthouse
Historical Society to the Commission outlining the activities of
the Society, along with a schedule of their advertising expenses,
and said she would appreciate any contribution the city could make.
Mayor Gulliford requested, in order to give the City Manager and
Finance Director an opportunity to review bed tax revenues
available and their possible uses, that this be placed on the
agenda at the next regularly scheduled meeting.
5. New Business:
A. Status Report on Section H (William S. Howell)
Mr. Howell said bids on the project would be received on October 2,
1989. He and the City Manager had met with the engineers on the
project and said it would be necessary to do a survey to find the
center lines of all the streets. He recommended the city hire the
surveyor rather than make it a part of the bid to be the
responsibility of the contractor. He presented a proposal in the
amount of $15,000 for this survey from Northeast Florida Surveyors
who had done the initial survey work on this project, and said the
PAGE THREE V V
MINUTES NAME OF
SEPTEMBER 11, 1989 COMMRS. MSYN
city should make a decision on how to proceed with the survey work
as soon as possible.
On the matter of assessments, he said a maximum figure of $31.78
impact fee for water and sewer had been established. He said a
figure had not been set for paving and drainage impact fees and it
was his recommendation a figure of $15.00. He suggested the city
move immediately to establish a starting date which should not be
later than the date the contract was awarded, otherwise, he felt
contractors would apply for building permits early to avoid having
to pay the impact fee.
Mayor Gulliford, requested the City Manager draft an ordinance to
be presented at the next meeting.
Mr. Howell indicated he had received about 50% of the necessary
easements. Many of the properties had changed hands and a final
letter would be mailed soon to new property owners and those who
had failed to respond.
B. Discussion and related activities of Tresca property (Mayor
Gulliford)
Mayor Gulliford asked Commissioner Jensen to report regarding the
'resca property. Commissioner Jensen said he had discussed this
with Stephen Stratford some weeks ago and another appraisal of the
property was being sought. The mayor said it was his feeling the
City of Jacksonville had provided the funds specifically for the
Section H property and a decision needed to be made on this as soon
as possible. He suggested this be placed on the agenda again for
the next regular meeting.
C. Public hearing for the purpose of considering the proposed
1989-90 budget for Atlantic Beach
The proposed budget for the City of Atlantic Beach had been
advertised as required by law. Mayor Gulliford opened the floor
for a public hearing and invited comments from the audience.
George Cummings, 395 Twelfth Street, said the Notice of Proposed
Tax he had just received reflected a 90% increase. The Mayor said
while the proposed increase would be considerable, this did not
appear to be correct and said he would look at Mr. Cummings' notice
after the meeting. (Upon examination after the meeting it was
apparent no allowance had been made for Homestead Exemption) .
Richard Handel, 1904 North Sherry Drive; Elizabeth Hightower, 340
Eighth Street; and Tom Stephens, 731 Begonia Street, said their
Notices of Proposed Tax also reflected close to 100% increase.
Alan Potter, 374 Second Street, said when he moved to Atlantic
Beach over thirty years ago the millage rate was about 6. mills and
the proposed increase would bring the current millage to just over
2. mills. He felt the millage rate today was very reasonable.
PAGE FOUR V V
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SEPTEMBER 11, 1989 COMMRS. MSYN
Further discussion ensued relative to enterprise funds and the
restrictions regarding their use and the necessity of building a
new City Hall. Since no one else wished to speak on the matter of
the budget, the mayor declared the public hearing closed.
In response to the questions raised, Mayor Gulliford read a
prepared statement explaining that the past few years the city had
been able to lower the millage rate, but in view of the demands
placed on the Public Safety Department because of the increasing
drug activity and the growth in the city, it would be necessary to
increase personnel. He explained in the past year Atlantic Beach
had lost about 25% of its police officers to the City of
Jacksonville and in order to prevent further loss of personnel, it
would be necessary to increase salaries to within 90% of the City
of Jacksonville. He presented some figures which demonstrated that
the additional revenues needed to fund the additional personnel in
Public Safety was almost the exact amount of revenue which would be
generated by the increased property tax.
6. Committee Reports
A. Commissioner Edwards, Chairman of the Awards Committee with a
report and recommendations regarding bidding on construction
of Sturdivant Street and repaving of existing streets
Commissioner Edwards reported Atlantic Coast Asphalt Company, the
sole bidder, had met all requirements of the specifications in Bid
No. 8889-24, including 5% bid bond. After a background
investigation, Connelly & Wicker Engineers recommended that the
city award the contract to Atlantic Asphalt Company in the total of
amount of $180,508.00.
Cook x
Motion: Award contract for construction of Sturdivant Street Edwards x x
and repaving of existing streets to Atlantic Coast Jensen x
Asphalt Company in the total amount of $180.508.00 Tucker x x
Gulliford x
The Mayor asked how the streets for repaving were selected, and it
was generally felt the Commission should have an opportunity to
review the proposed repaving schedule and make any additional
recommendations they felt appropriate. He suggested this be
considered when drafting the five-year plan. The question was
called and the motion carried unanimously.
At this time Mayor Gulliford called on Jody Ford for a report on
the Beautification Committee.
Ms. Ford reported the Beautification Committee had been meeting for
five months and had been working on three major areas. Application
had been made for membership in the Keep America Beautiful Program
in connection with which the committee plans to send three members
to a training session, probably in October. The committee has
adopted a "Yard of the Month" program. Ms. Ford reported on a
meeting with landscape architects for the purpose of developing a
PAGE FIVE V V
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SEPTEMBER 11, 1989 COMMAS. MSYN
master beautification and landscaping program. She said the
committee is also reviewing the city's sign ordinance and she
invited members of the public to attend any of the committee
meetings on the second Wednesday of the month at 7:30 PM in City
Hall.
7. Resolutions:
A. Resolution No. 89-43
A RESOLUTION APPOINTING THE CLERKS, DEPUTIES, AND INSPECTORS FOR
THE CITY OF ATLANTIC BEACH BIENNIAL ELECTION AND SETTING THEIR
COMPENSATION Cook x x
Edwards x
Motion: Read Resolution by title only Jensen x
Tucker x x
No discussion. The motion carried unanimously. Gulliford x
Mayor Gulliford presented in full, in writing, Resolution No. 89-43
which he read by title only. Cook x
Edward x x
Motion: Pass Resolution No. 89-43 Jensen x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
8. Action on Ordinances:
k. Ordinance No. 95-89-42 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF rim, 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
Since no one wished to speak for or against the ordinance the Mayor
declared the public hearing closed. Cook x
Edwards x
Motion: Approve passage of Ordinance No. 95-89-42 Jensen x x
Tucker x x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Ordinance No. 80-89-42 - Public Hearing
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 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.
James Jaffa, 3491 Pall Mall Drive, Jacksonville, asked whether a
provision could be included to address reclaim, or partial reclaim
PAGE SIX V V
MINUTES NAME OF
SEPTEMBER 11, 1989 COMMRS. MSYN
for recycling of the water. Engineer Andy May responded that he
felt this would be extremely technical and cumbersome for the city
to administer. He felt the major benefit for the reclaiming unit
would be the lower cost of water, thus resulting in a higher profit
margin. The City Manager agreed with Mr. May and said he did not
know what kind of revision would have to be made to the city's
meter reading system to handle the recycling.
There being no further comments from the audience, the Mayor
declared the public hearing closed. Cook x
Edwards x x
Motion: Approve passage of Ordinance No. 80-89-42 on final Jensen x x
reading Tucker x
Gulliford x
Mayor Gulliford said he agreed with Mr. May that the recycling
would be difficult to monitor. He said that as water costs
increase there would be a financial incentive for businesses to
minimize the amount of water used. The question was called and the
motion carried unanimously.
9. City Manager Reports and/or correspondence:
A. Report concerning Roberts Mt. Pisgah Church
The City Manager reported he had met with Rev. Kennerley and had
.greed on a figure of $12,000 net. However, research of the
property indicated that a 30-foot strip of property fronting on
Levy Road belonged to Mr. Long and not the church as had previously
been indicated. Mr. Long would be willing to sell this strip of
property to the city for a net cost to him of $1,000. It was the
City Manager's recommendation a plan for the use of the additional
property be developed and that the amount offered to Mt. Pisgah
Church be reduced by the cost of acquiring Mr. Long's property.
Commissioner Jensen said he felt a survey and title search should
be undertaken before an agreement would be made to purchase. He
also expressed some concern about the clause which the church had
requested that in the event the land ceased to be used for a park,
it would revert back to the church. Mayor Gulliford also expressed
concerns about that clause, citing that it could be restrictive to
a future Commission and some discussion ensued relative to that
matter. Commissioner Cook said it would be helpful to have a map
illustrating the city property, the church property and Mr. Long's
property.
The City Manager was authorized to proceed with the survey and
title search and to make this information available to Rev.
Kennerley, and report back to the City Commission when he feels
ready to proceed.
[he City Manager reported he has requested John Dickinson to write
.3n behalf of the city requesting the release of pension funds, and
if the funds are not released, to explain under what statutes they
are being held.
PAGE SEVEN V V
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SEPTEMBER 11, 1989 COMMRS. MSYN
The City Manager also reported the World Class Aquatic Center
committee had met and the city's fees had been drawn and were being
reviewed by committee members. Requests for proposals will be
coordinated through Atlantic Beach and are expected in
approximately thirty days.
Commissioner Cook read a prepared statement in reference to the
special meeting of August 31, 1989 relative to the Kredell
construction project at Eighteenth Street and Beach Avenue.
Commissioner Cook was responding to a statement made by Mayor
Gulliford at the previous meeting. A copy of Commissioner Cook's
statement is attached and made a part hereof.
In response to Commissioner Cook's statement Mayor Gulliford said
while he recognized the final resolution of the question rested
with the City Manager, he felt in view of the fact we had a new
City Manager who had been cast into a very difficult situation .
because he lacked background information on what had transpired
prior to his coming, he felt this meeting would provide that
background information and also give others an opportunity to
speak.
Mayor Gulliford reported he had written and had received a response
:o Mr. Bristol of the Sea Turtle relative to the neon light. The
result had been that the light had been turned off on the north
side of the building and he did not feel this would satisfy the
other citizens in that area or Greenpeace. The Mayor said he would
contact Mr. Bristol again to see if a further compromise could be
reached.
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 8:45 PM.
ii1 /,
L�/
illiam I. Gulliford
Mayor/Presiding Office.11111
\11,
ATTES T:
Maureen King, City Clerk
CO STATEMENT OF ROBERT B. COOK AT REGULAR CITY COMIIISSION MEETING OF
,� 0" \\,/ SEPTEMBER 11, 1989
ON/ At the close of our last meeting on Tuesday, September 5, the Mayor
seemed to find it necessary to make some gratuitous remarks
relative to my challenging the right of the City Commission to meet
for the purpose of inquiry and investigation into current
construction on the southwest corner of Beach Avenue and Eighteenth
Street.
The Mayor evidently misunderstood my position, which I still hold,
that we are not empowered to make administrative or judicial
decisions, only legislative ones, and that if we did indeed order
the City Manager to make a particular decision, we would be
stepping out from our legislative cloak of immunity and making
ourselves liable for personal litigation. I based my position of
the irregularity of the meeting on the Mayor's opening remarks in
which he stated, and this is taken directly from the City Clerk's
tape of the meeting, "The purpose of this meeting is to try to come
up with some kind of final resolution to a situation regarding the
development of several lots." The words "final resolution"
indicate to me that we were there to make an administrative
decision. In the past the City Commission has not injected itself
into the day to day decisions of the administration of the city and
I see no reason for us to begin now and be in violation of the City
Charter. If the Mayor's statement of purpose for the meeting had
been what his revised statement of the purpose, which was delivered
a week after the fact said it was, I wouldn't indeed have been as
he also stated, out of synch when I moved for adjournment. Such
was not the case. I do agree with the Mayor when he says that we
have the right to inquire and investigate. Article III, Section 26
of the City Charter states "The City Manager is the chief executive
officer and head of the administrative branch of the city
government." Article II, Section 9 of that same Charter outlines
the many powers of the City Commission, and nowhere does it state
that we can order the City Manager to make a particular
administrative decision.
Mr. Mayor, I hope you've seen that these remarks were made in an
objective and gentlemanly manner.
01,
0'619\
PI;
We, the undersigned residents of Atlantic
Beach, formally petition the city to make the inter-
section of 12th and East Coast a four-way stop. This
is an attempt to curtail excessive speed in the area
between 11th and 15th streets on Bast Gbat Drive.
We are all in agreement that there is a
serious problem, and that something must. be done in
order to slow the overgrowing flow of traffics through
our neighborhood.
NAME ADDRESS
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