02-22-88 v AMENDED AGENDA TO ADD NEW ITEMS 8 & 9
CITY OF ATLANTIC BEACH
February 22, 1988
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of February 8, 1988
2. Recognition of visitors
3. Appearances:
A. James J. Scheuer and Susan Tripp of Deloitte, Haskins and
Sells regarding the City audit for the past fiscal year
4. Committee Reports:
A. Report and recommendations of the Professional Services
Evaluation Committee on fees and phases for a proposed new
111 City Hall
5. Discussion on proposed date of March 26, 1988 for dedication
ceremony of the Public Safety Building
6. Further discussion by the City Commission and action on a proposed
policy relative to contagious diseases and extended medical leave
7. Action by the City Commission on a recommendation from Gee & Jenson
Architects to reduce retainage on the Public Safety Building from
10% to 5%
8. Receipt of an application for exception by Gary McCarthy, 2203
Fairway Villas Lane North, for an advertising business as a home
occupation, and setting of a public hearing for March 14, 1988
(Community Development Board recommends approval, with the stipu-
lation the exception run to Mr. McCarthy personally and not with
the land)
9. Receipt of an application for exception by Lee & Paige Kellison to
operate a mail-order wholesale business from their home at 375
Plaza and setting of a public hearing for March 14, 1988 (Community
Development Board recommends approval)
10. Receipt of an application for exception by Dr. John Green to open a
veterinary clinic at 1887 Mayport Road, and setting of a public
hearing for March 14, 1988
11. Action on Resolutions:
A. Introduction and adoption of Resolution No. 88-3 requesting
assistance from the Department of Natural Resources under the
Beach Access Initiative for financial assistance in the
acquisition of beach access at Twentieth Street
12. Action on Ordinances:
A. Introduction and first reading of Ordinance No. 80-88-39
increasing the connection charge on water from $10.00 a
fixture unit to $20.00 a fixture unit, and setting a public
hearing for March 14, 1988
B. Introduction and first reading of Ordinance No. 80-88-38 to
set the volume charge on sewer for single-family residential
at a maximum of 50,000 gallons per quarter, and setting a
public hearing for March 14, 1988
C. Introduction and first reading of Ordinance No. 95-88-33 to
provide for vaccination of dogs after four months of age and
providing no more than four dogs may be kept at any one
residential unit in the City, and setting a public hearing for
March 14, 1988
D. Introduction and first reading of Ordinance No. 95-88-34
providing for defence of civil actions against public offi-
cers, employees, or agents under certain conditions and
payment of judgements or settlements against certain public
officers or employees, and setting a public hearing for March
14, 1988
13. Miscellaneous
14. Mayor to call on City Attorney, City Clerk, City Manager, and City
Commissioners for reports and/or requests
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON FEBRUARY 22,1988 AT 7 :15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor/Presiding Officer E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. M S
Alan C. Jensen, Commissioners O E
AND: Richard C. Fellows, City Manager
T C
I 0 Y
Claude L. Mullis, City Attorney NAME OF ONEN
Adelaide R. Tucker, City Clerk
COMMRS. N D S 0
The meeting was called to order by Mayor Howell at 7 :15 p.m. .
In honor of George Washington's birthday, Commissioner Cook offered
the prayer that George Washington had composed and prayed before he
was inaugurated as our first President.
1. Approval of the minutes of the regular meeting of February 8, 1988
Commissioner Jensen pointed out an error on page two, third paragraph.
The minutes reflected "the motion carried with a three to one vote,"
and should say "the motion carried with a four to one vote."
Motion: Approve the minutes of the Regular Meeting of February Cook x
8, 1988 as corrected. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Jensen x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
2. Recognition of Visitors
Mr. Nick Nicholson, 1800 Live Oak Lane, representing a group of private
citizens, told the Commission they were interested in pursuing the con-
cept of placing a world class swim center in the beaches area. World
Class to the extent of having a large facility, under cover, with 50
and 25 meter pools, diving well, exercise programs, etc. Mr.Nicholson
asked the Commission if they would consider studying the feasibility
in terms of location and financing. The Commission authorized the City
Manager to coordinate a meeting with the other City Managers in the
beaches area.
Mrs.Rose Blanchard, Director of Parks and Recreation, presented the
initial project for the Bicentennial celebration that had been postponed
due to construction of the parking lot and the new public safety build-
ing. Mrs. Blanchard said, in keeping with our Precious Nation's Cele-
bration of it's Bicentennial Anniversary, that it was the intention
of the Bicentennial Committee to place, on sheets,the names, addresses
and dates, of the people of Atlantic Beach and it's surrounding areas.
The sheets will be placed in a time capsule for the information and
edification of our future citizens. The capsule will be put under the
iew City Hall at the time of construction. She asked for signatures of
the Commission, Administrators, employees,and citizens of Atlantic Beach.
Following Mrs.Blanchard's presentation,Mayor Howell thanked her for coning.
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FEBRUARY 22,1988 COMMRS. MSYN
• 3. Appearances:
A. James J. Scheuer and Susan Tripp of Deloitte, Haskins and Sells
regarding the City audit for the past fiscal year
Mayor Howell acknowledged receipt of the audit and asked if there
were any comments. Commissioner Gulliford asked if the auditors had
any comments on Finance Director Royal's response to their suggestions
on an encumbrance system. He also wanted to know how many cities our
size were going to the encumbrance system. Miss Tripp told the Commis-
sion the encumbrance system was a good budgeting tool for any size city.
It was a question of cost versus benefit relationship. As the budget
year nears the end, it gets more difficult to see where you are with
expenditures, and with an encumbrance system, you know where you are
at all times.
The City Attorney said he had some problems, not following the encum-
brance system, from a legal standpoint. Mr. Royal pointed out our
Charter provides "all appropriations shall lapse at the end of the
budget year to the extent that they shall not have been expended."
Mr. Mullis said you could carry over if the items were encumbered.
Commissioner Gulliford commented on the sizeable amount of "other
current charges" and suggested the auditors review those items and
ubmit their opinions. Mayor Howell suggested they address the audit
report at the next meeting to give the Commission time for review.
4. Committee Reports
A. Report and recommendations of the Professional Services Evaluation
Committee on fees and phases for a proposed new City Hall
Mr. Fellows reported the Professional Services Evaluation Committee met
at 3:00 p.m. on Thursday, February 11, 1988 at City Hall. Committee
member Johnson was absent due to a trip overseas. They discussed, with
the architects, Clements/Rumple/Goodwin/D'Avi, a 2 phase approach to
the preparation of plans and specifications for a new city hall:
The architects will evaluate, analyze and review the present site
relative to space requirements for the present and anticipated
future of the city. They will submit a written report relative to
feasibility of using the present building, etc. and the cost to be
based on an hourly rate x a 2.5 multiplier, not to exceed $4,500.
All the work performed in the study, should it be determined the
present building was not appropriate to use for the city hall, coulc
be utilized in the 2nd phase.
The Architects understood that all work would stop at the end of Phase
until there was further written authorization written by the City
ommission to proceed with Phase 2 (plans and specifications for city
hall at the determined site) . Phase 2 not to exceed $36,000.
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FEBRUARY 22,1988 COMMRS. M S Y N
4. Committee report on a proposed new city hall - continued
The Committee recommended the proposal of Clements/Rumple/Goodwin/
D'Avi for Phase I and Phase II be accepted, contingent upon approval
by the City Commission and authorization in writing before proceeding
with each of the phases.
Motion: Approve the Committee's recommendation, and authorize Cook x
the firm of Clements/Rumple/Goodwin/D'Avi to proceed with Edwards x x
Phase I, not to exceed $4,500. Gulliford x x
Jensen x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
5. Discussion on proposed date of March 26, 1988 for dedication ceremony
of the Public Safety Building
Mr. Fellows reported the above agenda item was merely to advise the
public and news media would know the proposed date. He asked for comments
from the Commission. There were no comments relative to the opening date.
Mr. Fellows offered a selection of three proposed signs for the building.
The most appropriate, a redwood sign finished off with shingles to match
the building, could be ready for the opening, at a cost of $4,000. The
Lost expensive was $10,000. It was the general consensus of the Commis-
,ion the wording of "Municipal Complex" was not desired. Discussion
followed on the requirement to call for bids. The City Attorney advised
if the classification was "art work", the city would not be required
to call for bids. Following discussion, the City Manager was instructed
to pursue further with five or six other companies for lower prices.
6. Further discussion by the City Commission and action on a proposed
policy relative to contagious diseases and extended medical leave
Some Commissioners expressed the opinion they felt uncomfortable with
the policy. Mr. Fellows assured the Commission that the City's labor
attorney, Mr. Dickinson had modified and approved the proposed policy.
Discussion followed.
Motion: Approve the policy relative to contagious diseases and Cook x
extended medical leave to be incorporated into the Edwards x
city's Personnel Rules and Regulations manual. Gulliford x x
Jensen x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * ;; * * * * * * * * * * * * * * * * * * * *
7. Action by the City Commission on a recommendation from Gee & Jenson
Architects to reduce retainer on the Public Safety Building from 10%
to 5%.
r. Fellows reported the city had authorized the reduction at the last
meeting, contingent upon receipt of the consent of surety, certification
of Gee & Jenson, and completion of the punch list items. All the punch
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FEBRUARY 22,1988 COMMRS. M S Y N
7. Discussion on reducing retainer from 10% to 5%-continued
list, with the exception of two or three items, had been completed.
Upon completion of those items, Mr. Fellows planned to reduce the
retainer from 10% to 5%.
8. Receipt of an application for exception by Gary McCarthy, 2203 Fairway
Villas Lane North, for an advertising business as a home occupation, and
setting of a Public Hearing.
Mayor Howell acknowledged receipt of the application. The Community
Development Board recommended approval, with the stipulation the except-
ion run to Mr. McCarthy personally and not with the land. With no
objections, Mayor Howell set the Public Hearing for March 14, 1988.
9. Receipt of an application for exception by Lee & Paige Kellison to
operate a mail-order wholesale business from their home at 375 Plaza
and setting of a Public Hearing.
Mayor Howell acknowledged receipt of the application. The Community
Development Board recommended approval. With no objections, Mayor
Howell set the Public Hearing for March 14, 1988.
10. Receipt of an application for exception by Dr. John Green to open a
eterinary clinic at 1887 Mayport Road, and setting of a Public Hearing
Mayor Howell acknowledged receipt of the application. With no objections,
he set the Public Hearing for March 14, 1988.
11. Action on Resolutions
A. Introduction and adoption of Resolution No. 88-3
Mayor Howell presented in full, in writing, Resolution No. 88-3, a
Resolution requesting assistance from the Department of Natural
Resources under the Beach Access Initiative for financial assistance
in the acquisition of beach access at Twentieth Street.
Motion: Passage of Resolution No. 88-3. Copy is said Resolution Cook x
attached hereto and made a part thereof. Edwards x x
Gulliford x x
Commissioner Gulliford asked if financial assistance was limited Jensen x
to beach access, or could it be used for acquisition of any beach Howell x
front property. Mr. Fellows responded the city could acquire a piece
of property on the oceanfront 100 feet wide, other than a beach access
of 5 feet. The State's maximum expenditure would be $250,000. Following
discussion, the question was called and the motion carried unanimously ,
* * * * * * * ,. * * * * * * * * * * * * * * * * * ,. *
'2. Action on Ordinances
A. Ordinance No. 80-88-39 - First Reading
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FEBRUARY 22,1985 COMMRS. M S Y N
Action on Ordinances - continued
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-18 SUBPARAGRAPH
(c) TO INCREASE THE CHARGE FOR CONNECTION TO THE CITY WATER SYSTEM FROM
TEN DOLLARS ($10.00) TO TWENTY DOLLARS ($20.00) PER FIXTURE UNIT;
PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented Ordinance No. 80-88-39 in full, in writing,
on First Reading.
Motion: Passage of Ordinance No. 80-88-39 on first reading. Cook x x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. The Jensen x
Mayor set the Public Hearing for March 14, 1988. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Ordinance No. 80-88-38 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-167 TO PROVIDE
A CAP OF 50,000 GALLONS ON SEWER VOLUME CHARGES FOR SINGLE FAMILY
RESIDENTIAL; PROVIDING AN EFFECTIVE DATE.
.layor Howell presented in full, in writing Ordinance No. 80-88-38 on
first reading.
Motion: Passage of Ordinance No. 80-88-38 on first reading. Cook x x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Mayor Jensen x
Howell set the Public Hearing for March 14, 1988. Howell x
* * * * * * * * * * * * * * * * * * * * ,. *
C. Ordinance No. 95-88-33 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 4, ARTICLE I, SECTION 4-7, SUBPARAGRAPH (a)
TO ADD A PROVISION AGAINST THE KEEPING OF GOATS IN THE CITY LIMITS;
AMENDING ARTICLE II, SECTION 4-22, SUBPARAGRAPH (b) TO PROVIDE FOR
VACCINATION OF DOGS ONCE THEY HAVE REACHED FOUR (4) MONTHS OF AGE;
AMENDING ARTICLE II, SECTION 4-27, TO PROHIBIT THE KEEPING OF MORE
THAN FOUR DOGS AT ANY ONE RESIDENCE WITHIN THE CITY LIMITS, PROVIDING
AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-88-38
on first reading.
Motion: Passage of Ordinance No. 95-88-33 on first reading. Cook x
Edwards x
'ollowing a lengthy discussion relative to limiting the number of
dogs allowed at one residence, Commissioner Cook withdrew his motion
and Commissioner Edwards withdrew his second. Mayor Howell suggested
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Action on Ordinances - continued - No. 95-88-33
they set the Public Hearing and they would have two weeks to consider
passage.
Motion: Passage of Ordinance No. 95-88-33 on first reading. Cook x x
Edwards x x
Gulliford x
No further discussion before the vote. Motion carried unanimously. Jensen x
Mayor Howell set the Public Hearing for March 14, 1988. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
D. Ordinance No. 95-88-34 - First Reading
AN ORDINANCE PROVIDING FOR DEFENSE OF CIVIL ACTIONS AGAINST PUBLIC
OFFICERS, EMPLOYEES, OR AGENTS UNDER CERTAIN CONDITIONS AND PAYMENT
OF JUDGMENTS OR SETTLEMENTS AGAINST CERTAIN PUBLIC OFFICERS OR
EMPLOYEES; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-88-34
on first reading.
Motion: Passage of Ordinance No. 95-88-34 on first reading. Cook x
Edwards x x
Gulliford x
10 discussion before the vote. Motion carried unanimously. Jensen x x
layor Howell set the Public Hearing for March 14, 1988. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
13. Miscellaneous - none
14. Commissioner Gulliford commented several fire hydrants installed
within the city limits, including one at the new Public Safety Bldg.
That hydrant was charged to the Fire Dept. instead of the water dept. ,
and he asked for justification. Finance Director Royal said he had
discussed the charge with the City Manager, and they determined the
fire hydrant would be used strictly for training purposes. There was
another fire hydrant across the street on the east side of Seminole
Rd. that was used for fires.
Mr. Fellows referred to Commissioner Gulliford's comments under item 3
relative to "other charges". He said the slate of accounts the city used
were all mandated by the State of Florida. Within "other current charges"
were a wide variety of items for conducting the city's business. He
said he would give the Commission a list of the chart of accounts that
showed the types of charges in that account. Commissioner Gulliford
said he was curious about how much latitude, and how much discretion
was available beyond what was listed in the budget.
City Attorney Mullis reported the court date for 17th Street should be
-Tithin the next two weeks to one month. On 20th St. , Mr. Mullis re-
ported they should have an Order of Taking within the next two weeks.
That would give us title of easement, but did not settle the amount
the city would have to pay for the easement.
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FEBRUARY 22,1983 COMMRS. MSYN
14. Comments - continued
Mr. Fellows reported The City Commission, on September 8, 1986 adopted
a Resolution authorizing the installation of palm trees along Atlantic
Blvd. He said they had to change the Memorandum of Agreement because
the original said the trees would be installed in the median strip. The
Memorandum of Agreement has been changed to indicate the work would be
done along the north side of Atlantic Blvd. for Atlantic Beach, and on
the south side of Atlantic Blvd. for Neptune Beach.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 8:12 p.m.
William S. Howell
Mayor/Presiding Officer
ATTEST:
Welaide R. Tucker
City Clerk