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04-11-88 v CITY OF ATLANTIC BEACH April 11 , 1988 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of March 28, 1988 2. Recognition of visitors 3. Committee Reports: A. Commissioner Robert Cook with committee report and recommenda- tions relative to janitorial service at a number of city facilities 4. Action by the City Commission on authorizing the Mayor and Clerk to execute a re-plat of a portion of the Beachside subdivision 5. Receipt by the City Commission of the quarterly Florida Contraband Forfeiture Report and discussion relative to authorizing the City Manager to proceed with the use of these funds for the purchase of 9mm automatic weapons for the Atlantic Beach Police Department 6. Action on Resolutions: A. Introduction and adoption of Resolution No. 88-4 authorizing the filing of an application for federal assistance on Phase II of the Atlantic Beach Sewer Rehabilitation Program covering the remaining portions of Section "A" and all of Section "B" B. Introduction and adoption of Resolution No. 88-5 authorizing budget transfer to facilitate the purchase of 9mm semi-automatic weapons for the Atlantic Beach Police Depart- ment 7. Action on Ordinances: A. Introduction and first reading of Ordinance No. 50-88-9 providing a policy on the use of drugs and alcohol; providing a drug testing policy; providing for hearings; providing an effective date B. Public hearing and final reading of Ordinance No. 65-88-17 proposing to close a portion of Orchid Street between Second and Third Streets in exchange for property from the owner of Block 103, the exchange of which will enable the City to straighten out the right-of-way of Third Street 8. Miscellaneous Mayor to call on City Clerk, City Attorney, 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 APRIL 11, 1988 AT 7: 15 P.M. V V O O EAESENT: William S. Howell, Mayor/Presiding Officer T T Glenn A. Edwards E E Alan C. Jensen, Commissioners D D AND: Richard C. Fellows, City Manager Claude L. Mullis, City Attorney M S Karen S. Moore, Acting City Clerk 0 E T C ABSENT: William I. Gulliford, Jr. , Commissioner, Out of town I 0 Y Robert B. Cook, Sr. , Commissioner, Illness NAME OF ONEN Adelaide R. Tucker, City Clerk, Out of town COMMRS. ND SO The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Edwards was followed by the pledge to the flag. 1. Approval of the Minutes of the Regular Meeting of March 28, 1988 Motion: Minutes of the regular meeting of March 28, 1988 be approved as submitted Edwards x x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * k * * * * * * * * * * * k * * * * * * * * * 2. Recognition of Visitors Mrs. Ann Close, 1823 Selva Grande Drive, Atlantic Beach. Mrs. Close wanted to commend the Commission on the new Public Safety Building, stating the building was very attractive. She also wanted to commend Mr. Fellows on his prompt action on having the beach cleaned up after she had notice trash being left on the beach. She stated she was current President of Selva Tierra Civic Association, and they are still having problems with the ditch in the area. She asked the Commission to take action on the ditch opposed to having garbage collection every day. Mr. Fellows stated the ditch had just been sprayed in February and would be spraying again in March. Mayor Howell said the spraying would have to be done regularly. Mr. Fellows explained Mrs. Close was also talking about the water that remains in the ditch all year long and that was the way it was intended to be when the ditch was built. Mayor Howell agreed with Mr. Fellows stating there was nothing they could do about the water in the ditch. She also wanted to comment on the annexation of Mayport, stating her Association was against it. 3. Committee Reports A. Commissioner Robert Cook with committee report and recommendations relative to janitorial service at a number of city facilities PAGE TWO V V MINUTES NAME OF APRIL 11, 1988 COMMRS. MS Y N 3.A.Committee Report - continued In Mr. Cook's absence, Mr. Fellows reported the Committee received four bids ranging from $12,792 to $50,768. The low bidder, Brite Nite of Jacksonville, who is the current provider, said one of the problems they had in the past was they had never had a set of specifications or written instructions on what they were to do. He stated the Committee had discussed the problem and agreed to award the bid to Brite Nite Cleaning Service and give them a 30 day trial period. Mr. Fellows further stated they were taking the specifications from each department and will be meeting with Bright Night to go over all of the specifications so they would know what needs to be done. Motion: Approve the Committee's recommedation, and award the Edwards x x bid to Brite Nite Cleaning Service of Jacksonville, Jensen x x the lowest and best bidder, in the amount of $12,792.00. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * ;: * * * * * * * * * * 4. Action by the City Commission on authorizing the Mayor and Clerk to execute a re-plat of a portion of the Beachside subdivision Mayor Howell explained the subdivision was between 18th Street and 19th Street, the re-plat had already been approved. Motion: Authorize the Mayor and Clerk to execute a re-plat of a Edwards x x portion of the Beachside subdivision. Jensen x x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * ;: * * * 5. Receipt by the City Commission of the quarterly Florida Contraband Forfeiture Report and discussion relative to authorizing the City Manager to proceed with the use of these funds for the purchase of 9mm Semi-automatic weapons for the Atlantic Beach Police Department Mayor Howell stated the Police Department was asking the Commission to grant permission for them to buy the Glock semiautomatic using contraband forfeiture money. Mayor Howell asked Mr. Fellows if the Glocks could only be obtained from one source. Mr. Fellows replied they were buying the guns directly from the factory. He stated if specifications were written for the pistol, there would be no other pistol with the same specifications, they are the only ones made. Mayor Howell stated he would not want the old revolvers to go up for bids but let the City keep them. PAGE THREE MINUTES V V APRIL 11 , 1988 NAME OF COMMRS. MSYN 5. - Continued Motion: Approve the purchase of the Glock Semi-automatic using Edwards x x Contraband Forfeiture funds and keep the current revolvers Jensen x x locked up. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Action on Resolutions: A. Resolution No. 88-4 Mayor Howell presented Resolution No. 88-4, a Resolution authorizing the filing of an application for federal assistance on Phase II of the Atlantic Beach Sewer Rehabilitation Program covering the remaining portions of Section "A" and all of Section "B". Motion: Passage of Resolution No. 88-4. Edwards x x Copy of said Resolution attached hereto and made a part Jensen x x thereof. Howell x lo discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Resolution No. 88-5 Mayor Howell presented Resolution No. 88-5, a Resolution providing for budget adjustments authorizing the transfer of $6,710 from Equipment and crediting Confiscated Property and Surplus Sales in the amount of $6,710. Motion: Passage of Resolustion No. 88-5. Edwards x x Copy of said Resolution attached hereto and made a part Jensen x x thereof. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * >°. * 7. Action on Ordinances A. Ordinance No. 50-88-9 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO PROVIDE A POLICY ON THE USE OF DRUGS AND ALCOHOL; PROVIDING DRUGS TO BE TESTED FOR; PROVIDING JOB APPLICANT TESTING STANDARDS; PROVIDING CURRENT EMPLOYEE TESTING STANDARDS; PROVIDING FOR WRITTEN NOTICE; PROVIDING FOR CONFIDENTIALITY; PROVIDING FOR HEARINGS; PRO- VIDING FOR LAB TESTING REQUIREMENTS; PROVIDING AN EFFECTIVE DATE. PAGE FOUR MINUTES V V APRIL 11, 1988 NAME OF COMMRS. MSYN 7.A. Action on Ordinance Mayor Howell presented in full, in writing Ordinance No. 50-88-9 on first reading. Motion: Passage of Ordinance No. 50-88-9 on first reading. Edwards x x Jensen x x No discussion before the vote. Motion carried unanimously. Mayor Howell x Howell set the Public Hearing for April 25, 1988. * * * * * * * * * * * * * * * * * * * * ;; * * * * * B. Ordinance No. 65-88-17 - Public Hearing and final reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING, AND ABANDONING THAT PORTION OF ORDHID STREET BEGINNING AT A WESTERLY PROJECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF WEST SECOND STREET AND PROCEEDING ALONG THE PLATTED RIGHT-OF-WAY OF ORCHID STREET IN A GENERALLY NORTHEASTERLY DIRECTION TO A POINT PERPENDICULAR TO A WESTERLY PROJECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTHWEST THIRD STREET, ALL IN THE AREA KNOWN AS SECTION H, ATLANTIC BEACH, AS RECORDED IN PLAT BOOK 18, PAGE 34, OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. _Iayor Howell presented in full, in writing Ordinance No. 65-88-17 on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: To amend Ordinance No. 65-88-17 in accordance with Edwards x x retaining an easement for an existing water main Jensen x x until such time a water main is no longer required. Howell x During discussion before the vote, Mr. Fellows stated the City had received the deed for the exchange of property and the owner of the property understands there was a small water line in Orchid Street. He stated the City would need to maintain use of the easement for the line until the Section H program starts, then the line will be pulled out. Mr. Fellows asked Mr. Mullis how that could be done legally. Mr. Mullis replied the City should reserve an easement and when the City decides it should be eliminated, give an instrument extinguishing the easement and transfering it to the property owner. Following discussion, the question was called and the motion carried unanimously. * * * * * * * * * * * * * * * '.'. is * * * * * * * * * * * * * * * * 8. Miscellaneous Y. Fellows stated Mayor Howell had received some material from the legislature relative to the Safe Neighborhood Act. The program is designed to provide planning and technical assistance grants to local PAGE FIVE V V MINUTES APRIL 11, 1988 NAME OF COMMRS. MSYN 8. Miscellaneous - continued governments for the purpose of developing safe neighborhood improvement plans using crime prevetion through environmental designs. He asked the Commission if they would like him to investigate the program further and come back with a proposed ordinance and some proposed areas that might be covered with the Safe Neighborhood Act. Mr. Fellows also brought up the subject of the beach accesses which are pending court actions, when they are resolved the City must move quickly to install appropriate access ways through the properties to enable people to get to the beach. He stated he had received proposals from Harbor Engineering and Conley and Wicker which would provide two standard designs which can be modified and used at 16th Street, 17th Street, the rebuilding of 18th Street and 20th Street. He informed the Commission the charges also included the necessary DNR permits. He stated Conely and Wickers cost was $3,750.00, and Harbor Engineering's was $4,600.00. He told the Commission Harbor Engineering was the Engineer who did the Ocean- walk access. Mayor Howell suggested the City move ahead on getting Plans done due to the fact the Order of Taking on 20th Street would )e issued the latter part of April or early May. He stated the City must then move rapidly to get the access opened. Motion: To award the job to the low bidder, Conley and Wicker Edwards x x in the amount of $3,750.00. Jensen x x Howell x No discussion before the vote. The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Fellows also brought up the problem at Water Plant No. I. He stated they had what appeared to be a major break in the 12" AC line. He did not feel it was something that should go out for bids. He asked the Commission to give the authority to proceed under the Emergency Ordinances of the City to get the work started as soon as possible. Mr. Fellows stated there were two firms coming out the next day to look over the damage and give estimates on the repair. Motion: Authorize the repair under the Emergency Ordinance of the Edwards x x City. Jensen x x Howell x No discussion before the vote. The motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Mullis informed the Commission a hearing was held on the 17th Street access and he should be receiving a ruling within the next two weeks. He stated they would have had an order-of-taking but the Judge was transferred to another County and the case was issued to PAGE SIX MINUTES V V APRIL 11, 1988 NAME OF COMMRS. MSYN 8. Miscellaneous - continued Judge Mitchell. Mr. Mullis informed the Commission Judge Mitchell assured him the case would be heard within the next three weeks. Mr. Mullis also brought up the matter on the drug ordinance which was passed on first reading stating the City might be questioned about one of the section in the Ordinance as to the Cities authority to keep the information confidencial. He stated it was his understanding that there is a possibilty that particular aspect may have been preempted by a Federal law and there was a very good possiblity that a provision would be made at the current session of the Legislature on information about Aids and Drugs being kept confidencial. He stated the section should be kept in the ordinance until it is determined to be invalid. Mayor Howell informed the audience he and Mr. Mullis would be going to Tallahassee the next day and would be at the meeting of the Cabinet where they would be discussing beach access, they also would be meeting with Senator Hair working to acquire State money for the overwalks down to the beach at 20th, 17th and Deweese Streets. here being no other business to come before the Commission, the Mayor eclared the meeting adjourned. William S. Howell well Mayor/Presiding Officer ATTEST: /C400 7AW/t& ore Karen S. Acting City Clerk