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10-24-88 v CITY OF ATLANTIC BEACH REGULAR MEETING OCTOBER 24, 1988 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of October 10, 1988 2. Recognition of visitors 3. Bid Openings: A. Bid No. 8889-1 Receipt of sealed bids to furnish Eager Beaver Walk-in Dual Drive Recycler or approved equal 4. Action by the City Commission on a proposal to finance infra- structure improvements in the area known as Section H, and authorizing Bessent, Hammack & Ruckman to prepare final plans and specifications 5. Action by the City Commission to accept the public improvements in the Selva Linkside subdivision contingent upon receipt of the necessary one-year maintenance bond 6. Discussion by the City Commission on the feasibility of authorizing an additional sum on a cost-plus basis to Gee and Jenson for continuing work in conjunction with solid waste disposal and recycling 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 8. Action by the City Commission on recommendations from Connelly and Wicker Engineers to award the Newman Construction Company, as the lowest and best bidder on the construction of dune overwalks, a contract in the amount of $62,719.00 9. Actions of the Community Development Board: A. Receipt of application for exception filed by Dawson Land Development Company wishing to install above-ground storage tanks for diesel fuel and motor oil in the Mealy Street industrial park, and setting a public hearing for November 14, 1988 B. Receipt of an application for exception filed by Charles Riggins, 820 Sailfish Drive, who wants to operate his lawn business out of his home, and setting for a public hearing on November 14, 1988 C. Action on an application for exception from Emory Thorpe, 831 Bonita Street, who wishes to upholster couches, love-seats and furniture in his home, and setting of a public hearing for November 14, 1988 10. Action on Resolutions: A. Resolution No. 88-20 Introduction and adoption of a Resolution awarding the construction contract for Major Sewer Rehabilitation and authorizing execution of same B. Resolution No. 88-21 Introduction and adoption of a Resolution proposing to extend the utility system of the City of Atlantic Beach by the acquisition of the water distribution system and sewer collection system now owned and operated by Atlantic Utilities Company in the Oak Harbor subdivision, Jacksonville, Florida, and setting a public hearing for November 14, 1988, all in accordance with Chapter 180.03, Florida Statutes 11. Action on Ordinances A. Introduction of an Ordinance authorizing the acquisition of the water distribution and sewer collection system owned and operated by Atlantic Utilities in the Oak Harbor subdivision, Jacksonville, Florida, as described in attached purchase agreement, and setting a public hearing for November 14, 1988 B. Ordinance No. 95-88-37 Public hearing and final reading of an Ordinance setting lighting standards along the beach front to protect sea turtle hatchlings C. Ordinance No. 90-88-136 Public hearing and final reading of an Ordinance allowing the re-combination of lots on double frontage lots except along the Atlantic Ocean, where residual parcels smaller than any of the original parcels are created provided that after such division is accomplished the residual lots can meet all the required lot area, lot width, and required setbacks 12. Action by the City Commission to authorize addition to contract with Lake Doctors, of an amount of $190.00 per month for maintenance of the main drainage canal running northwest from Howell Park to Sherman Creek 13. Miscellaneous 14. Mayor to call on City Commissioners, City Clerk, City Attorney and City Manager for reports and/or requests Adjournment MINUTES OF THE REGUFAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON OCTOBER 24, 1988 AT 7:15 14 V V O O PRESENT: WILLIAM S. HOWELL, MAYOR/COMMISSIONER T T E E ROBERT B. COOK, SR. GLENN A. EDWARDS D D 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. 1. Approval of the minutes of the regular meeting of October 10, 1988 Notion: Minutes of the regular meeting of October 10, 1988 be Cook x approved as submitted. Edwards x x Gulliford x No discussion before the vote. Notion carried unanimously. Jensen x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 2. Recognition of Visitors Mr. David Polytinsky, 158 16th St. asked what the city could do to get the 40' access back at 16th St. Mr. Mullis explained a suit was filed against the City of Jacksonville. The City of Atlantic Beach was made a nominal party in the law suit, and during the process of the litigation, we were able to bring enough leverage to require the owner to dedicate an easement to provide an access. He felt we did not lose, but gained a potential access. After a lengthy discussion, the City Manager was instructed to research the 16th St. access records and report back at the next meeting. 3. Bid Openings: A. Bid No. 8889-1 Receipt of sealed bids to furnish Eager Beaver Walk- in Dual Drive Recycler or approved equal - The item was stricken from the agenda - will be presented at a later time. 4. Action by.the City Commission on a proposal to finance infra- structure improvements in the area known as Section H, and authorizing Bessent, Hammack & Ruckman to prepare final plans and specifications. Mayor Howell noted another Public Meeting had been held, and it appeared that the general feeling of the property owners present was that they wanted to proceed with the project under the new proposal to pay $32.00 per front foot, and that when they applied for a building permit, there mould be an additional charge of $15.00 per front foot. PAGE THREE V V MINUTES NAME OF OCTOBER 24, 1988 COMMRS. MSYN 8. Action by the City Commission on recommendations from Connelly and Wicker Engineers to award the Newman Construction Company, as the lowest and best bidder on the construction of dune overwalks, a contract in the amount of $62,719.00. Motion: Award a contract to Newman Construction Company, as the Cook x x lowest and best bidder on the construction of dune over- Edwards x walks in the amount of $62,719.00 as recommended by Gulliford x x Connelly and Wicker Engineers. Jensen x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 9. Actions of the Community Development Board: A. Receipt of application for exception filed by Dawson Land Develop- ment Company wishing to install above-ground storage tanks for diesel fuel and motor oil in the Mealy Street industrial park The Mayor acknowledged receipt of the application for exception filed by Dawson Land Development Co. to insall above--ground storage tanks for diesel fuel and motor oil in the Mealy St. industrial park. He set the Public Hearing for November 14, 1988. r3. Receipt of an application for exception filed by Charles Riggins, 820 Sailfish Drive, who wants to operate his lawn business out of his home. Mayor Howell acknowledged receipt of Mr. Charles Riggins application for exception to operate his lawn business out of his home at 820 Sailfish Drive. He set the Public Hearing for November 14, 1988. C. Action on an application for exception from Emory Thorpe, 831 Bonita St. , who wishes to upholster couches, love-seats and furniture in his home Mayor Howell acknowledged receipt of Mr. Emory Thorpe's application for exception to upholster couches, love-seats and furniture in his home at 831 Bonita Road. He set the Public Hearing for November 14, 1988. 10. Action on Resolutions: A. Resolution No. 88-20 Mayor Howell presented in full, in writing Resolution No. 88-20, a Resolution awarding the construction contract for Major Sewer Rehabili- tation Phase II. Motion: Passage of Resolution No. 88-20. Cook x Edwards x x Jo discussion before the vote. Motion carried unanimously. Copy of Gulliford x said Resolution attached hereto and made a part thereof. Jensen x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x PAGE FOUR MINUTES V V OCTOBER 24, 1988 NAME OF COMMAS. MS Y N 10. B. Resolution No. 88-21 Mayor Howell presented in full, in writing Resolution No. 88-21, a Resolution proposing to extend the utility system of the City of Atlantic Beach by the acquisition of the water distribution system and sewer collection system owned by Atlantic Utilities in the Oak Harbor subdivision. Motion: Passage of Resolution No. 88-21. Cook x x Edwards x During discussion before the vote, Mr. William McGee, 1831 Selva Gulliford x x Marina Drive asked where he could obtain information relative to Jensen x the sewer collection system. Commissioner Gulliford invited him to Howell x become a member of his committee. Mr. Fellows will contact Mr. McGee for the next date and time of the Committee meeting. The question was called and the motion carried unanimously. Mayor Howell set a Public Hearing for November 14, 1988 in accordance with Chapter 180, Florida Statutes. * * * * * * * * * * * * * * * * * * * * * * * * * * * * 11. Action on Ordinances A. Ordinance No. 80-88-37 N ORDINANCE ACCEPTING THE OFFER OF ATLANTIC UTILITIES OF JACKSONVILLE, ±NC., TO SETT, CERTAIN OF THE ASSETS OF THE OAK HARBOR WATER AND SEWER SYSTEM TO THE CITY FOR THE PURPOSE OF ACQUIRING THE OAK HARBOR WATER AND SEWER SYSTEM OWNED AND OPERATED BY ATLANTIC UTILITIES OF JACKSONVILLE, INC. , DESCRIBED IN SAID OFFER FOR THE PURCHASE PRICE SET FORTH IN THE ATTACHED AGREEMENT OF PURCHASE AND SALE; ESTABLISHING THE OAK HARBOR WATER AND SEWER DISTRICT OF THE CITY WITHIN WHICH THE CITY WILL PROVIDE WATER AND SEWER SERVICES THROUGH THE SYSTEM PURCHASED; AUTHORIZING THE ISSUANCE OF OAK HARBOR WATER AND SEWER DISTRICT REVENUE BONDS FOR PAY- MENT OF THE PURCHASE PRICE OF THE ASSETS; AUTHORIZING PAYMENT OF THE BONDS FROM THE NET REVENUES AND AVAILABLE IMPACT FEES OF THE UTILITY SYSTEM SERVING OAK HARBOR WATER AND SEWER DISTRICT; AUTHORIZING AND DIRECTING CERTAIN OFFICERS OF THE CITY TO EXECUTE THE AGREEMENT OF PURCHASE AND SALE; AND OTHER DOCUMENTS, AND TAKE CERTAIN ACTION IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 80-88-37 on first reading. Cook x Motion: Passage of Ordinance No. 80-88-37 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 November 14, 1988. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * 3. Ordinance No. 95-88-37 - Public Hearing and Final Reading PAGE FIVE V V MINUTES NAME OF OCTOBER 24, 1988 COMMRS. M S Y N 11.B. Ordinance No. 95-88-37 - continued 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 DEVELOP- MENT; PROVIDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 95-88-37. Said Ordinance was posted in line with Charter requirements. He opened the floor for a Public Hearing and invited comments from the audience. Ms. Jan Johnson, Sea Turtle Coordinator for Green Peace distributed some new literature on the sea turtles, and offered to answer any questions Mayor Howell expressed concern of some residents relative to their in- door lights. Ms. Johnson responded they would have to black them out or shield them, particularly on the south end of Atlantic Beach. She ex- plained the five alternatives to modify lights on the beach front. Only lights on the beach front that are directly visible or fall beyond the vegetation line of the primary dune where the sea turtles nest would have to be modified. Mrs. Anne Rogers, 1166 Beach Avenue, asked when was the last time turtles came to the beach in Atlantic Beach. Ms. Johnson told her it was August 20th between 20th St. and Hanna Park. The turtles nest Between May and August, and hatch between July and October. Commissioner Cook asked if it should be a state law instead of a city law. Ms. Johnson said the Department of Natural Resources preferred to delegate that authority to the cities. Mayor Howell said if the real problem was the city lights, that could be handled without an Ordinance. Ms. Johnson agreed that indoor lights would be too restrictive, but al: outdoor lights would have to be shielded or replaced with a low pressure sodium light. Commissioner Gulliford expressed concern with the wording of the Ordinance as it was too vague. He suggested the Ordinance be re- written. As no one else spoke for or against the Ordinance, Mayor Howe;l declared the Public Hearing closed. The Mayor suggested Ms.Johnson mcct with the City Manager and make the necessary changes in the Ordinance. Motion: Defer action on Ordinance 95-88-37 and report back at the Cook x x next meeting. Edwards x Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Ordinnace No. 90-88-136 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE IV, DIVISION 1, SECTION 24-188 (c) TO PROVIDE FOR THE COMBINATION OR RECOMBINATION OF PREVIOUSLY PLA .LED ATS UNDER CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. PAGE SIX V V MINUTES NAME OF OCTOBER 24, 1988 COMMRS. M S Y N 11.C. Ordinance No. 90-88-136 - continued Mayor Howell presented in full, in writing Ordinance No. 90-88-136 on second and 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. Mr. Desmond Waters, President of North Duval Beaches Association asked the Commission if the old Ordinance was a good law, why were they amending it. He strongly objected to the pas- sage of the Ordinance. Mayor Howell explained the Ordinance was designed basically to correct the bad situation in Donner Subdivision that was platted many years ago and the Ordinance only affected previously platted lots. Ann Rogers, 1166 Beach Avenue asked if the recent project that ca>ie before the Community Development Board of four lots at 6th and Sherry that could be suitable for four houses and the request was for six houses. The Mayor responded they did not run from street to street. As no one else spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 90-88-136 on final reading. Cook x Edwards x x No discussion before the vote. Motion carried unanimously. Gulliford x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Jensen x Howell x 2. Action by the City Commission to authorize addition to contract with sake Doctors, of an amount of $190.00 per month for maintenance of the main drainage canal running northwest from Howell Park to Sherman Creek Mr. Fellows explained maintenance of the main drainage canal was in- advertently left off the specifications and he requested authorization to add the item to the contract with Lake Doctors. Motion: Authorize an addition to the contract with Lake Doctors in Cook x the amount of $190.00 per month for maintenance of the main Edwards x x drainage canal running northwest from Howell Park to Sherman Gulliford x x Creek. Jensen x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 13. Miscellaneous Each Commissioner wished the Mayor well and said it had been a privilege serving with him. Commissioner Gulliford added that Atlantic Beach is a better place because of Billy Howell. Mr. Mullis said he remembered Mayor Howell as the President of The Florida League of Cities that really brought home rule to the forefront for the cities of Florida, and it was during Mayor Howell's tenure in that office that they presented workshops and seminars entitled a Postmortem for have rule for the cities. Mayor Howell was the strongest advocate Mr. Mullis had ever seen. Mr. Fellows reminded everyone Mayor Howell was honored by his peers and the cities of Florida by being awarded the E. Harris Drew Municipal Official >f the year award at the Florida League of Cities annual meeting recently. Ir. Fellows added he had worked with seven Mayors over the years, and had never worked with one who put themselves into the job the way Mayor Howell had done in Atlantic Beach. PAGE SEVEN V V MINUTES NAME OF OCTOBER 24, 1988 COMMRS. MSYN Miscellaneous - continued Mr. Mullis distributed to each Commissioner, copies of a letter from the law firm representing Robert Bates with a recommendation that the claim against Mr. Bates on the wet wells be settled for the sum of $11,000. He will pursue the remaining claims against the other defendants, Byer Industries and Hanover Insurance Co. Motion: Authorize the City Attorney to settle the claim against Cook x x Robert Bates & Associates for the sum of $11,000. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x The Administration and Staff headed by Rose Blanchard, Director of Parks and Recreation presented a program consisting of a mini-roast, presenta- tions, and musical tributes acknowledging the final meeting of the City Commission presided over by its Mayor of 25 years, William S. Howell. Following the program, Mayor Howell thanked everyone and said he felt very good leaving the city in such capable hands as Bill Gulliford, Bof Cook, Glenn Edwards, and Alan Jensen. He said he had served with a lot of good men, but felt this group was the best he had served with. He losed by saying "All Good Things Come to An End, and certainly one of die best things that has ever happened to me in my life has been the honor and privilege of serving the city for some 25 years. God Bless You, and Goodbye". Mayor Howell presented Commissioner Gulliford with a minature gavel to use while serving as Mayor Pro Tem. There being no other business to come before the Commission, le Mayor declared the meeting adjourned. Wil i.."' . Howell Mayor/Presiding Officer A iEST: Adelaide R. Tucker City Clerk