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09-26-88 v CITY OF ATLANTIC BEACH REGULAR MEETING, SEPTEMBER 26, 1988 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of September 12, 1988, and Special Meeting of September 19, 1988 2. Recognition of visitors 3. Public hearing on the tentative budget and proposed millage for the fiscal year beginning October 1, 1988, and ending September 30, 1989 (Following the public hearing, the Resolution setting the millage must be adopted first, followed by adoption of the Resolution on the budget) 4. Action by the City Commission to name Mr. Gerard Vermey, Mr. David Turner, Mr. Tim Brewer, and Mr. Jeff Croom to the Recreation Advisory Board for one year terms. 5. Committee Reports: A. Commissioner Alan Jensen with committee reports and recommendations relative to the purchase of a generator for the Lakeside pump station, the cleaning of certain ditches within the City and bids for an annual contract for the spraying of ditches within the City 6. Discussion by the City Commission on a request by Selva Lakes Unit II to accept certain easements for maintenance 7. Action by the City Commission to approve payments for Change Order No. 1 for additional paving in connection with the resurfacing contract in the amount of $25,893.31 8. Discussion on a request from C&C Fisheries, 580 Mayport Road, at the corner of West Sixth Street, for permission to install a mobile home for use as a temporary office and storage trailer 9. Further discussion by the City Commission on a proposal to accept water and sewer main improvements and pumping station from the Seminole Road Homeowners Association 10. Announcement of hearing on the Section H project to be held Tuesday, October 11, 1988 in the fellowship hall at Community Presbyterian Church at 7:00 PM 11. Action on Exceptions: A. Receipt of an application for exception filed by Stella Walker, 464 Skate Road, for a home occupation to do typing in the home, and setting for a public hearing on October 10. 1988 B. Receipt of application for exception for a home occupation filed by Inez Dixon, 775 Sabalo Drive, for permission to do alterations and sewing in her home, and setting for a public hearing on October 10, 1988 12. Action on Resolutions: A. Introduction of Resolution No. 88-19 naming the grassy median strip in the Russell Park parking area Constitution Arbor B. Introduction and adoption of Resolution No. 88-18 asking the committee appointed by the Honorable James Jarboe, Councilman for District 3, City of Jacksonville, to approve the City's request for $160,000.00 toward the purchase of additional seven acres of property for recreational purposes 13. Action on Ordinances A. Introduction and first reading of Ordinance No. 95-88-36 amending the Ordinance on the safety zone on Atlantic Beach to prohibit, in addition to motorized vehicles, any type of vehicles propelled by the wind along the beach, and setting for a public hearing October 10, 1988 B. Introduction and first reading of Ordinance No. 95-88-37 relative to the control of lighting along the waterfront so as to hold to a minimum the amount of light reflected to the ocean, which affects newly hatched sea turtles, and setting of a public hearing for October 10, 1988 C. Public hearing and final reading of Ordinance No. 95-88-35 authorizing the closing of Howell Park for any activities between the hours of sunset and sunrise or between 8:00 PM and 6:00 AM, which ever is later 14. Miscellaneous 15. Mayor to call on City Commissioners, City Attorney, City Clerk and City Manager for reports and/or requests Adjournment MINUTES OF THE RFQJIAR MEETING OF THE MANTIC BEACH CITY CLMMIISSION HELD AT CITY HALL ON SEPTEMBER 26,1988 AT 7:15 P.M. V V O O T T PRESENT: WILLIAM S. HOWELL, MAYOR-COMMISSIONER E E ROBERT B. COOK, SR. D D GLENN A. EDWARDS WILLIAM I. GULLIFORD, JR. ALAN C. JENSEN, COMMISSIONERS M S O E AND: Richard C. Fellows, City Manager T C Claude L. Mullis, City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN 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. The Mayor moved item 2 - Recognition of Visitors up on the agenda. 2. Recognition of Visitors Mrs. Ruth Gregg of 905 Sailfish Drive, appeared before the Commission to asked how enforceable the Ordinance was pertaining to abandoned or wrecked vehicles. Mr. Fellows stated any complaints would be handled between the Police Department and the Code Enforcement. He explained he has tried to reflect the desire of the City Commission by trying to -Fork with people through friendly persuasion, but if they still do tot comply, they are brought before the Code Enforcement Board. Mrs. Gregg also brought to the attention of the Commission the problem at 845 Sailfish Drive. She stated the house was empty and the fence in the backyard had been cut through leading to Donner Road allowing stray dogs to come into the neighborhood. Mr. Fellows told Mrs. Gregg he would look up the owner on the tax roll and get in touch with him about the problem. 1. Approval of the minutes of the Regular Meeting of September 12, 1988 Motion: Minutes of the regular meeting of September 12, 1988 be Cook x approved as submitted. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * Howell x 1B. Approval of the minutes of the Special Meeting of September 19,1988 Motion: Minutes of the special meeting of September 19, 1988 be Cook x approved as submitted. Edwards x x Gul li ford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * Howell x V V PAGE TWO NAME OF MINUTES COMMAS. MSYN gF.pri'!vIRF:R 7h 1454R 3. Public hearing on the tentative budget and proposed millage for the fiscal year beginning October 1, 1988, and ending September 30,1989 Mayor Howell stated on September 19, 1988 the City Commission passed the tentative budget reflecting the additions and deletions made by the Commission which made a net reduction in the budget of over $32,000. He added there was a reduction of the ad valorem tax millage from 1.6639 to 1.5564 mills in the General fund operating budget and a decrease from .2391 to .1364 in the Debt Service budget. The budget also implemented the changes in the starting pay grade for police officers as negotiated with the Union and provided for a 3% across- the-board raise for all City employees. Mayor Howell opened the floor for the final Public Hearing on the budget and invited comments from the audience. As no one spoke for or against the proposed budget, the Mayor declared the Public Hearing closed. The Mayor then announced the State TRIM Bill required consideration of the proposed millage before final adoption of the budget and introduced Resolution No. 88-16, a Resolution setting the millage rate for the City of Atlantic Beach budget for the fiscal year ')ctober 1, 1988 ending September 30, 1989. Motion: Adoption of Resolution No. 88-16. Copy attached hereto Cook x and made a part thereof. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * Howell x The Mayor also presented Resolution 88-17, a Resolution adopting an operating budget for the City of Atlantic Beach, Florida, for the fiscal year beginning October 1, 1988, and ending September 30, 1989. Motion: Adoption of Resolution No. 88-17. Cook x x Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell took the opportunity at this time to recognize in the audience Mrs. Cindy Mosling. He reminded the audience of the oil spill of February 1987, which spilled gallons of oil on the beach and endangered many sea gulls, pelicans and other types of birds. He stated there was an organization called Beaks that moved in and began to collect the birds with oil on them that could not fly. They set up a station at Hanna Park to clean PAGE TWO V V MINUTES NAME OF OCTOBER 24, 1988 COMMRS. MSYN 4. Section H - continued Motion: Authorize Bessent, Hammack & Ruckman to prepare the final Cook x plans and specifications on infrastructure improvements in Edwards x x the area known as Section H in accordance with their Gulliford x existing contract for services. Jensen x x Howell x Following discussion, the question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Action by the City Commission to accept the public improvements in the Selva Linkside suhrlivision contingent upon receipt of the necessary one-year maintenance bond Motion: Accept the public improvements in the Selva Linkside sub- Cook x division contingent upon receipt of a one-year maintenance Edwards x x bond. Gulliford x x • Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6.Discussion by the City Commission on the feasibility of authorizing n additional sum on a cost-plus basis to Gee and Jenson for continuing work in conjunction with solid waste disposal and recycling The City Manager reported the city had authorized $15,000 for the study of the solid waste disposal and recycling, and Gee and Jenson had come to the end of the authorization. They requested an additional sum on a cost-plus basis not to exceed $5,000. Motion: Authorize an additional $5,000. on a cost-plus basis to Cook x x Gee and Jenson in connection with their study on solid Edwards x waste disposal and recycling. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Action on a recommendation by Smith and Gillespie Engineers to approve the close-out documents for the cleaning, televising, and sealing of sewer collection systems "C", "D", "E", and "F", and authorizing final payment to the contractor in the amount of $19,877.07 Motion: Authorize approval of the close-out documents for the Cook x x cleaning, televising, and sealing of sewer collection Edwards x x systems "C", "D","E", and "F", and authorize final pay- Gulliford x ment to the contractor in the amount of $19,877.07 as Jensen x recommended by the Engineers. Howell x No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * • PAGE THREE MINUTES V V SEPTEMBER 26, 1988 NAME OF COMMRS. MSYN them and help them back to care. He explained that Mrs. Mosling has since moved to the San Marco area and was having difficulties keeping her finances in line due to the fact that her operation is run through contributions of various sources. Mayor Howell suggested the City Commission direct the City Attorney to prepare an agreement with Beaks, Inc. , that the City of Atlantic Beach, for past services performed by Beaks and for future services in which they may be called on for, The City of Atlantic Beach contribute the sum of $1,000 to Beaks in recognition of the outstanding services the organization has done for the City and what they can do in the future for the City. Motion: Direct the City Attorney to prepare an agreement with Cook x x Beaks, Inc. for the purpose of compensating Beaks for past Edwards x services performed and future services to be performed, Gulliford x x in the amount of $1,000.00. Authorize the Mayor and Clerk Jensen x to sign on behalf of the City. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * 4. Action by the City Commission to name Mr. Gerard Vermey, Mr. David Turner, Mr. Tim Brewer, and Mr. Jeff Croom to the Recreation Advisory Board for one year terms. "layor Howell stated there were vacancies on the Recreation Advisory Board for one year terms. Mrs. Rose Blanchard, head of the Recreation Department had suggested the appointment of Mr. Gerard Vermey, Mr. David Turner, Mr. Tim Brewer and Mr. Jeff Croom to the Board. Motion: Appoint Mr. Gerard Vermey, Mr. David Turner, Mr. Tim Cook x x Brewer and Mr. Jeff Croom to the Recreation Advisory Board Edwards x for one year terms - 10/1/88 - 9/30/89. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * 5. Committee Reports: A. Commissioner Alan Jensen with committee reports and recommendations relative to the purchase of a generator for the Lakeside pump station, the cleaning of certain ditches within the City and bids for an annual contract for the spraying of ditches within the City. Commissioner Jensen reported the Committee met on Wednesday, September 21, 1988 at 10:05 AM in the City Manager's office to evaluate the bids. The lowest and best bid was East Coast Electric. He stated there were a few modifications that would have to be made. Motion: Approve the Committee's recommendation, and award the Cook x bid for the emergency generator to East Coast Electric Edwards x x Contractors of Jacksonville, the lowest and best bidder Gulliford x at $19,700. Jensen x x 10 discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * PAGE FOUR MINUTES V V SEPTEMBER 26, 1988 NAME OF COMMRS. MSYN 5.A. Committee Report - continued Commissioner Jensen reported the Committee continued the meeting for the purpose of reviewing the bids for the cleaning of certain ditches within the City. Following the evaluation of all bids, it was the unanimous decision of the Committee to recommend to the Commission that the bid be awarded to Environmental Services of Jacksonville, in the amount of $25,900. Motion: The Committee report be accepted, and award the bid to the Cook x lowest and best bidder, Environmental Services of Edwards x x Jacksonville, in the amount of $25,900. Gulliford x Jensen x x Howell x No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * Commissioner Jensen reported the Committee continued the meeting for the purpose of reviewing the bids for the annual spraying of certain ditches within the City. The Lake Doctors had the low bid, they would invoice the City monthly and did not have to be paid at one time. Commissioner Jensen stated they would spray the ditches at least once a month or as necessary. The Committee recommended the bid be awarded to The Lake Doctors of Winter Springs, Florida, in the annual amount of 4,470 to be paid on a monthly basis of $395.00 each. Motion: The Committee report be accepted, and award the bid to the Cook x lowest and best bidder, The Lake Doctors of Winter Springs, Edwards x x Florida, in the amount of $4,740 to be paid on a monthly Gulliford x basis of $395.00 each. Jensen x x Howell x No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * 6. Discussion by the City Commission on a request by Selva Lakes Unit II to accept certain easements for maintenance. Mr. Fellows stated the easements have been paved similar to the paving on Selva Lakes Circle, however, they are used as a driveway to reach the lots the cul-de-sac did not reach. Mayor Howell asked why the City should accept them as easements as opposed to city streets. Commissioner Gulliford added the width of the easements would not meet the city's standard for streets and he would be opposed to accepting it. Mayor Howell announced the item would be deferred to the next meeting. * * * * * * * * * * * * * * * * * * * * * * * 7. Action by the City Commission to approved payments for Change Order No. 1 for additional paving in connection with the resurfacing contract, in the amount of $25,893.31. • PAGE FIVE MINUTES V V SEPTEMBER 26, 1988 NAME OF COMMRS. MSYN 7. Action by the City Commission - continued Motion: Approve Change Order No. 1 for additional paving in connect- Cook x ion with the resurfacing contract in the amount of $25,893.31. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * * * * * * * * * * * * * * * * * * Howell x 8. Discussion on a request from C & C Fisheries, 580 Mayport Road, at the corner of West Sixth Street, for permission to install a mobile home for use as a temporary office and storage trailer. Mayor Howell stated it was allowable under Section 24-66 which allows temporary construction trailers or structures for a period not to exceed six months. Construction would start between 3 - 6 months. Motion: To approve the request to install a mobile home for use as Cook x x a temporary office and storage trailer not to exceed six Edwards x months at 580 Mayport Rd. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * ". Further discussion by the City Commission on a proposal to accept ater and sewer main improvements and pumping station from the Seminole Road Homeowners Association. Mr. Fellows reminded the Commission that at the last meeting they asked him to get a sketch together to show what was occurring out there. He stated Andy May of Gee and Jenson prepared the sketch which showed two alternate locations for relocating the pump station at a later date as development continues to move forward out in the area. Mr. Fellows continued to say it appeared as if the wet well was going to be used until a future date. The City then would consider enlarging the wet well and building a new pump station. He stated the pump station was at capacity by serving the Bluffs, Oceanside, Pelican Dunes, Sea Gardens, Seminole Reach, and the Towers project. When Tiffany by the Sea came in, the City would be negotiating with them to enlarge the pump station and transfer the Sea Gardens into the new station. The City could accept the proposal and the $10,000 from Oceanside and Sea Gardens, along with whatever money Tiffany by the Sea can come up with, and develop a pump station that would serve the City for build out in the area. Tiffany by the Sea cannot develop unless they put in an adequate pump station. Commission Gulliford stated that before the City locked itself in, they want to be assured the City would have some kind of easement to build the new station without any restriction. Mr. Fellows added the City would pay the utilities for Seminole Reach. There being no objections from the Commission, the City Manager will continue negotiations on the proposal. * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX MINUTES V V SEPTEMBER 26, 1988 NAME OF COMMRS. MSYN 10. Announcement of hearing on the Section H project to be held Tuesday, October 11, 1988 in fellowship hall at community Presbyterian Church at 7:00 PM. Mayor Howell announced there would be an informational meeting in regards to the Section H project on Tuesday, October 11, 1988 at the Community Presbyterian Church. * * * * * * * * * * * * * * * * * * * * * * 11. Action on Exceptions: A. Receipt of an application for exception filed by Stella Walker, 464 Skate Road, for a home occupation to do typing in the home, and setting for a public hearing on October 10, 1988 Mayor Howell acknowledged receipt of an application for exception and set a Public Hearing for October 10, 1988. B. Receipt of application for exception for a home occupation filed by Inez Dixon, 775 Sabalo Drive, for permission to do alterations and sewing in her home, and setting for a public hearing on October 10, 19E8 Mayor Howell acknowledge receipt of the application for exception and set a Public Hearing for October 10, 1988. * * * * * * * * * * * * * * * * * * * * * * 12. Action on Resolutions: A. Resolution No. 88-19 Mayor Howell presented in full, in writing Resolutions No. 88-16, a Resolution naming the grassy median strip in the Russell Park parking area Constitution Arbor. Cook x x Motion: Passage of Resolution No. 88-19. Copy of said Resolution Edwards x x attached hereto and made a part thereof. Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * Howell x B.Resolution No. 88-18 Mayor Howell presented in full, in writing Resolution No. 88-18, a Resolution asking the committcc appointed by the Honorable James Jarboe, Councilman for District 3, City of Jacksonville, to approve the City's request for $160,000.00 toward the purchase of additional seven acres of property for recreational purposes. Cook x Motion: Passage of Resolution No. 88-18. Copy of said Resolution Edwards x x attached hereto and made a part thereof. Gulliford x Commissioner Gulliford informed the Commission Councilman Jarboe's Jensen x x next meeting would be held at the Neptune Beach City Hall on Howell x )ctober 6, 1988. • • PAGE SEVEN V V MINUTES NAME OF SEPTEMBER 26, 1988 COMMAS. MSYN 13. Action on Ordinances: A. Ordinance No. 95-88-36 - First Reading AN ORDINANCE AMENDING CHAPTER 5, ARTICT.E II, SECTION 5-17, TO ADD VEHICLES PROPELLED BY THE WIND AS BEING PROHIBIThL) IN THE BEACH AREA; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing said Ordinance on first reading. Motion: Passage of Ordinance No. 95-88-36 on first reading. Cook x Edwards x x Gulliford x x No discussion before the vote. Notion carried unanimously. Mayor Jensen x Howell set the Public Hearing for October 10, 1988. Howell x * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 95-88-37 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 5, CREATING ARTICLE III, PROTECTION OF SEA TURTLES; PROVIDING FOR LIGHTING STANDARDS FOR NEW AND EXISTING DEVELOPMENT; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING "ENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE )ATE. Mayor Howell presented in full, in writing said Ordinance on first reading. Cook Notion: Passage of Ordinance No. 95-88-36 on first reading. Edwards x Gulliford During discussion, Commissioner Gulliford stated he had no problem Jensen with the intent of the Ordinances, however he did have a problem with Howell x the draft of the Ordinance itself stating it was very restrictive, and would recommend the City Attorney look at the Ordinance before the Public Hearing. Mayor Howell suggested Mr. Fellows meet with the City Attorney to discuss the reading of the Ordinance. Substitute Notion: Pass over until next meeting. Cook x Edwards x Gulliford x x No discussion before the vote. The substitute motion to defer the Jensen x x item to the next meeting passed unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * C. Ordinance No. 95-88-35 - Public Hearing and final reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; AMENDING CHAPTER 5 TO CREATE SECTION 5-19, PROVIDING FOR THE CLOSING OF IOWELL PARK BETWEEN THE HOURS OF SUNSET AND SUNRISE; PROVIDING PENALTIES; 2ROVIDING AN EFFECTIVE DATE. • • PAGE EIGHT MINUTES V V SEPTEMBER 26, 1988 NAME OF COMMRS. MSYN 13.C. Action on Ordinance - continued Mayor Howell presented in full, in writing Ordinance No. 95-88-35 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. Cook x x Motion: Passage of Ordinance 95-88-35 on second and final reading. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * Howell x 14. Miscellaneous Mayor Howell suggested the Commission set a Public meeting with the residents in Oak Harbor to discuss the latest report submitted to the City from Gee & Jenson in connection with Atlantic Utilities on October 5, 1988 at 7:00 PM. There were no objections from the Commission. The location will be announced later. * * * * * * * * * * * * * * * * * * * * * * Commissioner Gulliford informed the Commission there is now a collecticn -oint for newspaper for recycling in Russell Park. He also added the olid Waste Committee would meet at 7:30 PM September 28, 1988. All interested persons are invited to attend. * * * * * * * * * * * * * * * * * * * * * * Mr. Howard Brown, 1730 Seminole Road, wanted to address item number 9 on the agenda. He stated he saw an article where the Commission authorized Gee & Jensen to conduct a study to extend sewer service along Beach Avenue. He wondered if it would be possible to incorporate the section between 17th & 18th in the study to add sewer service. Mayor Howell stated he was not aware that the area did not have sewer service, but would have the engineers look into the cost factor. However, each property owner would be responsible for their assessment. * * * * * * * * * * * * * * * * * * * * * * * There being no other business to come before th= Commission, Mayor Howell declared the meeting adjourned. irl _ itA l / it F am Howel Mayor/Presiding Officer A'1'r1;ST: aie Adelaide R. Tucker City Clerk