03-24-86 v AGENDA
CITY OF ATLANTIC BEACH
March 24, 1986
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of March 10, 1986
2. Recognition of Visitors
3. Bid Openings:
A. Receipt of sealed bids for the demolition of "A" station
in Russell Park and "C" station on Donner Road
4. Report by Commissioner Morris on the committee recommendations
relative to the police communications project
5. Report from Commissioner Gulliford on the committee recommendations
relative to the purchase of a 4-inch double diaphragm pump and
mowing tractors for Public Works
6. Action by the City Commission to authorize the filing of a
certificate of eligibility for the Florida Recreational Development
Assistance Program and the Land and Water Conversation Fund
7. Actions of the Advisory Planning Board:
A. Action by the City Commission on a recommendation of the
Advisory Planning Board for the granting of an exception
for a child day care center for the Church of the Living
God on Edgar Street
B. Action by the City Commission on a recommendation of the
Advisory Planning Board for the granting of an exception
for John and Sharon Foster for automotive repair garage
on Seventh Street
8. Action by the City Commission to declare surplus to the needs of
the City two 20 HP electric motors, two 15 HP motors, four
Fairbanks Morse 4-inch suction pumps, and one 5 HP mono drive pump,
and authority to advertise for sale to the highest bidder
9. Discussion by the City Commission on the desirability of exercising
its option with Deloitte, Haskins and Sells for audit services for
the 1985/86 fiscal year at a price of $11,000.00
10. Action by the City Commission to approve the construction of
dedication markers on Ahern Street and on the parkway on Plaza
Boulevard.
11. Action by the City Commission to authorize the City Manager to
discuss with Gee and Jenson how the City of Atlantic Beach might
participate in a study of planning requirements in connection with
the Florida Growth Management Law
12. Action on Ordinances:
A. Introduction and first reading of an ordinance amending the
Ordinance code of the City of Atlantic Beach, Florida;
amending Chapter 5, Article II, Section 5-17 and 5-18
prohibiting the use of vehicles on Atlantic Beach, and setting
a public hearing for April 14
B. Public hearing and final reading of an Ordinance amending the
Ordinance code of the City of Atlantic Beach, relative to the
distribution of obscene material within the City limits and
nudity
C. Public hearing and final reading of an Ordinance providing
quarterly sewer base charges and federal and state mandated
revenue generation charges
13. Miscellaneous
14. Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON MARCH 24, 1986 AT 7: 15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
William I. Gulliford, Jr.
John W. Morris, Jr. , Commissioners
M S
AND: Richard C. Fellows, City Manager 0 E
Claude L. Mullis, City Attorney T C
Rose Blanchard, Deputy Clerk I 0 Y
NAME OF ONEN
ABSENT: Adelaide R. Tucker, City Clerk, out of town COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offere3
by Commissioner Cook was followed by the pledge to the flag.
1. Approval of Minutes of the Meeting of March 10, 1986
Motion: The minutes of the regular Commission meeting of March Cook x
10, 1986 be approved as submitted. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
recognition of Visitors - none
Bid Openings:
A. Receipt of sealed bids for the demolition of "A" station in Russell
Park and "C" station on Donner Road.
The following bids were received and opened:
1. Burkhalter Wrecking Co. , Jacksonville $13,134.00
Performance Bond $197.00
Bid Bond from Ohio Casualty Co.
2. MacDonald Construction, Jacksonville $ 9,850.00
Performance Bond $100.00
Bid Bond Wausau Insurance Co.
3. Realco Wrecking Co. , Jacksonville $ 9,850.00
Performance Bond $147.75
3. Richardson Enterprises, Jacksonville $ 5,600.00
Bidder agreed to provide a 100% performance and
payment bond if such was required by the owner
for the additional sum of $5,600.00
Motion: Bids be referred to Committee to report back at the next Cook x x
meeting. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Mayor Howell Morris
appointed Commissioner Edwards, City Manager & Mr. Braid to serve. Howell x
PAGE TWO V V
MINUTES Names of
MARCH 24, 1986 Commrs. MS Y N
4. Report by Commissioner Morris on the committee recommendations rel-
ative to the police communications project
Commissioner Morris reported the Committee met on Tuesday, March 18,198+6
at 8:30 a.m. to evaluate the bids. The committee discussed the lack of
competitive bidding on the project, and discussed in detail the fact the
city had bid the project out twice and had received only one bid the
first time, and the second time two responses and only one of those was
a bid. The members of the committee felt the specifications prepared by
the state were unduly technical and complex, which in turn may have re-
sulted in a too narrowly defined project. Commissioner Morris said the
Committee unanimously recommended the City Commission reject the bid
received from St. John's Communication as being too high, and if legally
permissible, authorize the committee to undertake negotiations to obtain
the necessary equipment on the free and open market and report back to
the Commission.
Motion: Reject the one bid received from St. John's Communication, Cook x x
and redraft specifications to allow for a more competitive Edwards x
bidding environment. Set up a pre-bid conference with those Gulliford x x
potential bidders, then draft final specifications, and go Morris x
out to bid. The same committee will attend the conferences Howell x
and report back to the Commission.
Following discussion, the question was called and the motion carried
unanimously.
* * * * * * * * r * * * * * * * * * * * * *
5. Report from Commissioner Gulliford on the committee recommendations
relative to the purchase of A4-inch double diaphragm pomp and mowing
tractors for Public. Works.
Commissioner Guliifcrd reported the committee met on Monday night,
March 10th at City Hall to review and evale_.ate the bids. Following
the evaluation, the committee recommended the City Commission award
the contract to M.D. Moody and Sons of Jacksonville for a. new Seth
4-inch double diaphragm pump, trailer mounted, with an air cooled
diesel engine, for $6,600.00.
Motion: Award the contract to M.D. Moody and Sons of Jacksonville Cook x
for a new Seth 4-inch double diaphragm pump, trailer mount- Edwards x x
ed, with an air cooled diesel engine, in the amount of Gulliford x x
$6,600.00. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * .. * * * * * * * * * * *
^ommissioner Gulliford also reported on the committee's review and
valuation of the cne bid received from Superior Tractor for mowing
tractors. He felt the city acted responsible in sending out bids to
all who could, in fact, bid. The committee recommended the award be
made to Superior Tractor in the amount of $12,790.00, less trade-in.
PAGE THREE V V
MINUTES Names of
MARCH 24, 1986 Commrs. M S Y N
-
5. Report from Commissioner Gulliford - continued
Motion: Award be made for two Yanmar 276 tractors to Superior Cook x
Tractor of Jacksonville in the amount of $12,790.00 Edwards x
less trade-in of $1,500.00, for a net price of $9,970.00. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
6. Action by the City Commission to authorize the filing of a certifi-
cate of eligibility for the Florida Recreational Development Assistance
Program and the Land and Water Conversation Fund.
There being no objection from the Commission, the Mayor instructed the
City Manager to file the certificate of program eligibility.
7. Actions of the Advisory Planning Board:
A. Action by the City Commission on a recommendation of the Advisory
Planning Board for the granting of an exception for a child day care
center for the Church of the Living God on Edgar Street.
Motion: Accept the application for a Use by Exception for a child Cook x
care center for the Church of the Living God on Edgar St. Edwards x x
and set a Public Hearing. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell set the Public Hearing for April 14, 1986.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Action by the City Commission on a recommendation of the Advisory
Planning Board for the granting of an exception for John and Sharon
Foster for automotive repair garage on West Seventh Street.
Motion: Accept the application for a Use by Exception for John Cook x
and Sharon Foster for an automotive repair garage on West Edwards x
Seventh St. and set a Public Hearing. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell set the Public Hearing for April 14, 1986.
* * * * * * * * * * * * * * *- * * * * * * * * * * * * * * *
8. Action by the City Commission to declare surplus to the needs of
the City two 20HP electric motors, two 15 HP motors, four Fairbanks
Morse 4" suction pumps, and one 5HP mono drive pump, and authority
to advertise for sale to the highest bidder.
Motion: Authorize the City Manager to advertise the sale of Cook x x
surplus equipment as listed. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * ;; * * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE FOUR V V
MINUTES NAME OF
MARCH 24,1986 COMMRS. MSYN
9. Discussion by the City Commission on the desirability of exercising
its option with Deloitte, Haskins and Sells for audit services for the
1985/86 fiscal year at a price of $11,000.00.
Motion: Exercise the option with Deloitte, Haskins and Sells for Cook x
audit services for the 1985/86 fiscal year at a price of Edwards x
$11,000.00. Gulliford x x
Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * .. 'c * * * * * * * >°. * * * * * * * * * ., * *
10. Action by the City Commission to approve the construction of
dedication markers on Ahern Street and on the parkway on Plaza Blvd.
Mayor Howell announced the bronze plaque in memory of Lieut. John J.
Ahern, Jr. that was placed on the street marker at the northeast
corner of Ahern and Ocean had been missing for some time and he
felt the city should replace the marker. Lt. Ahern was killed in action
on December 16, 1944 while flying a B-17 bomber. When his plane was hit
he ordered his crew to bail out. The plane was heading for a church and
he managed to go around it but by that time had lost too much altitude
to bail out. The City adopted an Ordinance in May, 1945 changing the
Lame of Atlanta St. to Ahern St. and erected the plaque at that time.
Mayor Howell said the City had also dedicated the parkway to Mr. C.R.
Frazier who was the first Town Supervisor, but the plaque was never
erected. The estimated price was approximately $400.00 each.
Motion: Authorize the construction of dedication markers on Ahern Cook x
St. and Plaza Boulevard for a cost of approximately $400. Edwards x x
each. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * ;: * * * * * * * * * * * * * * * * * * * * * *
11. Action by the City Commission to authorize the City Manager to
discuss with Gee and Jenson how the City of Atlantic Beach might
participate in a study of planning requirements in connection with
the Florida Growth Management Law.
The City Manager requested authority to talk with Gee and Jenson
on an estimated figure to assist the city in acquiring the grant
funds the Legislature is planning to put in this year. No commit-
ments would be made and he would bring a report back to the Com-
mission. There were no objections from the Commission. The City
Attorney reminded the Commission planned to pass an Ordinance re-
lating to impact fees in relation to subdivisions, roads, etc. ,
4.t must be done prior to July 1 , 1986.
12. Action on Ordinances:
A. Ordinance No. 57-86-11 - First Reading
PAGE FIVE V V
MINUTES NAME OF
MARCH 24, 1986 COMMRS. M S Y N
Action on Ordinances - continued - No. 57-86-11
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 5, ARTICLE II, SECTION 5-17 AND 5-18 TO PRO-
HIBIT THE USE OF VEHICLES AND THE RIDING OF ANIMALS ON ATLANTIC BEACH;
PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing by Mayor Howell on
first reading.
Motion: Passage of Ordinance No. 57-86-11 on first reading. Cook x
Edwards x x
Gulliford x x
The question was asked if airplanes, wind power vehicles, or balloons Morris x
were included and the answer was no. The City Attorney said the Howell x
definition of vehicle should be included. The Mayor suggested any
minor adjustments should be brought up at the Public Hearing. The
question was called and the motion carried unanimously.
Mayor Howell set the Public Hearing for April 14, 1986.
* * * * * * * * * * * * * * * * * * * * * * * * * *
B. ORDINANCE NO. 95-86-28 - Second and Final Reading-Public Hearing
rN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 13 TO ADD SECTIONS 13.6 AND 13.7, SAID SECTION
MAKING IT UNLAWFUL FOR THE DISTRIBUTION AND SALE OF OBSCENE MATERIAL
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF ATLANTIC BEACH, AND NUDITY
BY EITHER MALE OR FEMALE IN ANY MANNER WITHIN THE MUNICIPAL LIMITS OF
THE CITY OF ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-86-28
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 Ordinance, the Mayor declared the Public Hearing closed.
Motion: Adopt Ordinance No. 95-86-28 on second and final reading. Cook x x
Edwards x
Gulliford x x
No discussion before the vote. Motioncarried unanimously. Morris x
* * * * * * * * ,. * * ,. * * * * * * * * * ;; * ,. ,. * * * * * * * Howell x
C. Ordinance No. 80-86-30 - Second and Final Reading - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, TO REWRITE IN
ITS ENTIRETY SECTION 22-166, PROVIDING QUARTERLY SEWER BASE CHARGES AND
?PA/DER MANDATED REVENUE G :NERATION CHARGES; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 80-86-30 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. The Mayor opened the floor for a Public Hearing and
•
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PAGE SIX Names of
MINUTES Commrs. MS Y N
MARCH 24, 1986
r -
Action on Ordinances - continued - No. 80-86-23
invited comments from the audience. As no one spoke for or against, the
Mayor declared the Public Hearing closed.
Motion: Passage of Ordinance No. 80-86-23 on second and final Cook x x
reading. Edwards x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous
Mayor Howell announced Mrs. Tucker had been elected as one of the
Directors for the Florida Association of City Clerks while attending
the state conference in Hollywood, Florida.
The Mayor reported they had met with representatives of The Jacksonville
Electric Authority last week and he thought they had received a tentative
agreement. He hopes to present a full report with an amendment to the Fran-
chise at the next meeting.
Mayor Howell discussed the continuing Code Enforcement Board case in-
volving Mr. Raymond Dagley on the west side of the city. Their meeting
was scheduled for March 19th but on the 18th Mr. Dagley's attorney talPied
rith Mayor Howell and agreed to sit down and discuss the matter prior to
_he case being heard before the Code Enforcement Board. The case was then
re-scheduled for April 3, 1986. Mayor Howell requested authority to
appoint a Committee to meet with Mr. Dagley's attorney, Alan Jensen, and
Mr. Dagley next Monday night to discuss the problem and attempt to resclve
the matter in a manner fair to all concerned.
Motion: Authorize the Mayor to appoint a Committee to discuss the Cook x
Code Enforcement Board's case on Raymond Dagley with him Edwards x x
and his attorney. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell appointed himself; Commissioner Morris; the City Manager; the
City Attorney, and the Chairman of the Zoning Committee, Gregg McCaulie
to serve on the Committee. The meeting was scheduled for Monday night,
March 31, 1986 at 7:00 p.m.
Mr. Mullis noted he had handed each Commissioner a copy of the proposed
stipulations in the settlement of the Bull case as requested. He asked
them to please notify him if there were any objections to the language,
etc. within the next few days. Otherwise, with no objections, he would
execute the settlement with Mr. Bull's attorney.
There being no other business to come before the . is 'on, the Mayor
declared the meeting adjourned at 7:50 p.m.
rTEST: 1 . Howell
Mayor/Presiding Officer
Rose Blanchard,Deputy Clerk
by: Adelaide Tucker,City Clerk
1