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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 MINUTES NAME OF 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 MINUTES NAME OF 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 MINUTES NAME OF 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 Lir/ 1 n� qA Ct41441c. .1Z.CLP ,306 - 1.2 /IV' "a - Pe-4 4-(7\ ' 6/LC 1 gerzat-0114-4--"fr"--1- S a L . a a*-&t vat tr'- ��.cvrtivd��r.��•�ut.� �titt�� h7a JQa• � /�aEtta*-"")/1- • 7 ?-r-)11 - -4) 7e 4.t.d 1-)rA elnaKia, %...%kcL.Q /a eiDUA./1-. . c� L-1:3 `,tr���r1` �� --t-