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07-25-88 v CITY OF ATLANTIC BEACH REGULAR MEETING JULY 25, 1988 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the meeting of the regular meeting of July 11 , 1988 2. Recognition of visitors 3. Bids Returnable: A. Receipt of bids for traffic striping of certain roads within Atlantic Beach 4. Discussion by the City Commission regarding the installation of public telephone service at the City Hall and authority for Mayor and Clerk to execute a three-year agreement 5. Receipt of plat for Selva Lakes Unit III and authority for Mayor and Clerk to sign the plat 6. Discussion on letter proposal from Smith and Gillespie Engineers to Jacksonville Beach regarding developing a master plan for regional sewer at a cost of $30,000.00 to be shared by the three beach cities 7. Discussion by the City Commission on letters received from Marvin Clayton in the State Treasurer and Insurance Commissioner's office regarding certain requests relating to the police and fire pension funds 8. Receipt of recommendations from the Community Development Board: A. Action on an application for exception from J.E. Gipson to operate painting and repairs out of his home at 825 Plaza, and setting for a public hearing August 8, 1988 B. Action on a request from Lawrence Ross for a variance from the septic tank regulations in Section H so that he may install a spetic tank on his property off Levy Road. This request is based on hardship. (Community Development Board recommends approval) C. Request from Marcus Prom for a variance from the septic tank moratorium in Section H for the construction of housing on Block 216 on Gladiola Street (Community Development Board recommends approval) 9. Action on Resolutions: A. Resolution No. 88-12 Budget adjustment to provide funds for the purchase of new word processing systems for the City Clerk and City Manager's offices to replace existing obsolete systems B. Resolution No. 88-13 Budget adjustment to provide funds to cover estimated legal costs for the remainder of FY 1988/89 10. Action on Ordinances: A. Introduction and first reading of Ordinance No. 58-88-12 amending the Ordinance Code of the City of Atlantic Beach; amending Chapter 2 relating to pension benefits to provide that those retired after January 1 , 1980 may receive 100% of average compensation offset by Social Security, and setting a public hearing for August 8, 1988. B. Public hearing and final reading of Ordinance No. 90-88-132 amending the zoning Ordinance to provide additional uses by exception in a CPO district 11. Miscellaneous 12. Mayor to call on City Commissioners, City Attorney, City Manager, City Clerk for reports and/or requests Adjournment • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V COMMISSION HELD AT CITY HALL ON JULY 25, 1988 AT 7:15 P.M. O O T T E E PRESENT: William S. Howell, Mayor/Presiding Officer D D Robert B. Cook, Sr. Glenn A. Edwards William I. Gulliford, Jr. M S Alan C. Jensen, Commissioners O E T C AND: Richard C. Fellows, City Manager I O 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. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 11, 1988 Motion: Minutes of the regular meeting of July 11,1988 be approved Cook x as written. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x ?. Recognition of Visitors Mr. Robert Hutton, 1655 Park Terrace East and Ms.Patricia Ketteringham, 1661 Park Terrace East presented petitions containing forty-five (45) signatures requesting that the City Commission pursue the opening of the 17th St. access by eminent domain. The Mayor accepted the petitions on behalf of the city. He told the audience the city had lost the court case that we had filed on the basis we did have an easement at 17th St. The Court ruled there was no easement. Mayor Howell said the city should delay further legal action regarding 17th St.until the final outcome of the beach access at 20th St. was determined. Also,the city had no money in this year's budget to buy a 2nd beach access. We have received grants for $35,000 to help pay for 20th St. , and $50,000 to construct walkovers at 16th, 18th and 20th Streets and DeWees Avenue. The Mayor assured the petitioners that the city would look into the possibility of acquiring 17th St. 3. Bids Returnable: A. Receipt of bids for traffic striping of certain roads within Atlantic Beach The following bids were received and opened: 1. Florida Striping, Melbourne,Fl. $5,190.08 Bid Bond-Cashiers Check for $26.00 2. U.S. Sealcoating, Jacksonville $6,672.96 Bid Bond-Cashiers Check for $333.65 There being no objections from the Commission, Mayor Howell referred the bids to Commissioner Cook's Resurfacing Committee for a report back at the next meeting. PAGE TWO V V MINUTES NAME OF JULY 25,1988 COMMRS. M S Y 4. Discussion by the City Commission regarding the installation of public telephone service at the City Hall and authority for Mayor and Clerk to execute a three-year agreement The City Manager presented a three year public telephone service agreement covering the installation of a public telephone at City Hall and the Public Safety Dept. Southern Bell will pay the city remuneration based on 8% local and intra lata revenue plus 3per inter lata minute of use. He requested authorization for the Mayor and Clerk to sign the agreement on behalf of the city. Motion: Authorize the Mayor and Clerk to sign the Public Telephone Cook x x Service Agreement on behalf of the city for a term of three Edwards x years. A public telephone will be installed at City Hall Gulliford x x and also at the Public Safety Building. Jensen x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Receipt of plat for Selva Lakes Unit III and authority for Mayor and Clerk to sign the plat. The City Manager reported all necessary documents had been received. e recommended the Commission authorize the Mayor to sign the plat. Motion: Authorize the Mayor and Clerk to execute the plat for Cook x x Selva Lakes Unit III. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * :; * * * * * ;; * * Howell x 6. Discussion on letter proposal from Smith and Gillespie Engineers to Jacksonville Beach regarding developing a master plan for regional sewer at a cost of $30,000. to be shared by the three beach cities. Following discussion, it was the consensus of the Commission to defer action until the City Attorney met with Steve Stratford, City Attorney for Jacksonville Beach. 7.Discussion by the City Commission on letters received from Marvin Clayton in the State Treasurer and Insurance Commissioner's office re- garding certain requests relating to the police and fire pension funds Mr. Fellows reported the city had received, in 1987, a petition from the Police Officers and the Fire Fighters relative to a request for a separa- tion of their funds. He was under the impression the petition was sent to Mr. Mullis, but he never received it. The letter from Marvin Clayton recently received asked why the city had not adopted an Ordinance on :he request to provide an effective date for separation of funds. The 'ension Board met on July 21st, and discussed the matter in detail. The Board recommended the City Commission take all legal measures necessary and file the proper petitions to oppose the actions of the State Trea- surer and insurance office and request the appropriate hearings. PAGE THREE V V MINUTES NAME OF JULY 25, 1988 COMMRS. MS Y N 7.Police and Fire Pensions - continued Mr. Mullis listed the procedures that could be followed such as requesting an informal hearing, requesting a formal hearing. If we were not satisfied with that decision, the city could go to the First District Court of Appeals. Mr. Mullis questioned the day the petition was signed, as it was not dated. Commissioner Jensen asked if there were any provisions, if we went to Administrative proceedings, to recover cost, interest, and legal fees if we prevailed. Mr.Dan Rice, Attorney with Mahoney Hadlow law firm, was introduced by Mr.Mullis, and he told Mr. Jensen there were provi- sions for recovering costs and legal fees. He will fully evaluate the risk of being liable for the fees. Discussion followed. Motion: Refer to the City Attorney, letters from Marvin Clayton Cook x in the State Treasury and Insurance Commissioner's Office Edwards x x in Tallahassee relative to the Police and Fire Pension Gulliford x Funds, to resolve the problem. Jensen x x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * i. Receipt of recommendations from the Community Development Board A. Action on an application for exception from J.E.Gipson to operate painting and repairs out of his home at 825 Plaza. Mayor Howell acknowledge receipt of the request for Use by Exception by J. E. Gipson. The Community Development Board recommended approval. With no objections from the Commission, the Mayor set the Public Hear- ing for August 8, 1988. * * * * * * * * * * * * ., * * * * * * * * * * * * * * B. Action on a request from Lawrence Ross for a variance from the septic tank regulations in Section H so that he may install a septic tank on his property off Levy Road. Mayor Howell acknowledge receipt of the request for a variance from the septic tank regulations in Section H submitted by Lawrence Ross. His request was based on hardship. The Community Development Board re- viewed the request at their last meeting and recommended approval. Motion: Grant a variance from the septic tank regulations in Sec.H Cook x x to Lawrence Ross, subject to his agreement to hook up to Edwards x city sewer when, and if, it becomes available. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Request from Marcus Prom for a variance from the septic tank mora- torium in Section H for the construction of housing on Block 216 on Gladiola Street. • PAGE FOUR V V MINUTES NAME OF JULY 25, 1988 COMMRS. M S Y 8. C. Request from Marcus Prom - continued Mr. Fellows reported that Gladiola St. was out of the project area and the Community Development Board recommended approval of the Variance. Mr. Prom did not request water. Motion: Grant a variance from the septic tank moratorium in Section Cook x H to Marcus Prom for the construction of housing on Block Edwards x 216 on Gladiola St. If Mr. Prom sells the houses, the deed Gulliford x x will provide that any subsequent owner will agree to hook Jensen x x up to the city water and sewer system when available. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ,. * 9. Action on Resolutions: A. Resolution No. 88-12 Mayor Howell presented in full, in writing Resolution No. 88-12, a Resolution transferring certain monies between funds. Motion: Passage of Resolution No. 88-12. Copy of said Resolution Cook x attached hereto and made a part thereof. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Resolution No. 88-13 Mayor Howell presented in full, in writing Resolution No. 88-13, a Resolution transferring certain monies between funds. Motion: Passage of Resolution No. 88-13. Copy of said Resolution Cook x x attached hereto and made a part thereof. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ;; * Howell x 10. Action on Ordinances: A. Ordinance No. 58-88-12 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-285, TO INCREASE THE MAXIMUM AMOUNT OF PENSION FROM 80% OF THE MEMBER'S FINAL AVERAGE COMPENSATION TO 100%; PROVIDING AN EFFECTIVE DATE Mayor Howell presented in full, in writing Ordinance No. 58-88-12 on first reading. Cook x Motion: Passage of Ordinance No. 58-88-12 on first reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Mayor Jensen x Howell set the Public Hearing for August 8, 1988. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • PAGE FIVE V V MINUTES NAME OF JULY 25, 1988 COMMRS. MSYN B. Ordinance No. 90-88-132-Final Reading and Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-109 AMENDING USES BY EXCEPTION OF COMMERCIAL PROFESSIONAL AND OFFICE DIS- TRICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 90-88-132 in full, in writing on final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and in- vited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-88-132 on final reading. Cook x Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * * ;: :: * * * * * * * * * * x * * * * * * * * * * * * Howell x 11. Miscellaneous Commissioner Gulliford asked if Mr. Fellows had a report on the beach -.leaning machine. Mr. Fellows said the machine still did not work. Commissioner Gulliford inquired who was paying our animal control officer while she was patrolling Jacksonville Beach. Mr. Fellows responded tha: Jacksonville Beach had agreed to pay B.J. 's cost for gas, depreciation on the truck, logged time, etc. when she makes the run on Jacksonville Beach. This is just a trial to determine the length of time that will be involved. In response to Commissioner Gulliford's question, Mr.Fellows stated that Fleet Landing officials indicated at the Community Development Board they planned to reduce their buildings from four to three stories. They planned to have the main entrance on Selva Marina Drive. Mayor Howell said it had been brought to his attention that certain persons with catamarans, etc. may be damaging the dunes and sea oats within Atlantic Beach. He presented in full, in writing Resolution No. 88-14, a Resolution requesting the Chief of Police of Atlantic Beach, the Sheriff of Duval County and his deputies, the Department of Natura_ Resources, the City Attorney and the State Attorney to take such legal action as may be necessary in order to preserve and protect the naturally created dunes and native vegetation. Cook x Motion: Passage of Resolution No. 88-14. Edwards x Gulliford x x Following discussion before the vote, the question was called and the Jensen x x notion carried unanimously. Copy of said Resolution attached hereto Howell x and made a part thereof. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V V MINUTES NAME OF JULY 25, 1988 COMMRS. M S Y Miscellaneous- continued Mayor Howell requested authority to act on behalf of the city to con- tact the cities of Jacksonville Beach, Neptune Beach, and the city of Baldwin relative to the double taxation agreement. The Mayor felt it would be wise to appoint a Standing Committee with all the cities re- ' presented to discuss and resolve any problems that may arise. The Commission agreed that the Mayor should meet with the other beach officials and a Standing Committee should be appointed. . Mayor Howell introduced Mr. Ken Carden, the new head of the Beaches Department of The Jacksonville Chamber of Commerce. Mr. Carden said he appreciated the opportunity to serve all three beach communities, and invited all residents to call his office at any time for assist- ance. The Mayor thanked him for attending the meeting. The Mayor announced the City Commission would meet in the Conference Room immediately following the meeting to discuss some collective bargaining matters. The meeting was not required to be held in the Sunshine. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:15 p.m. 4. 14' Wiliam . Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk