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11-24-86 v AGENDA CITY OF ATLANTIC BEACH November 24, 1986 Call to order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of November 10, 1986 2. Recognition of visitors 3. Receipt of bid No. 8586-18 for the striping of various streets within Atlantic Beach 4. Request from Beaches Cable Television for consent of the City Commission to the assignment of the transfer of stock by a subsid- iary of Narragansett Capital Corporation to a subsidiary of Monarch Capital Corporation 5. Actions of the Advisory Planning Board: A. Recommend approving application for exception from Tom West for a contractor's office with no outside storage at 61 and 63 West Second Street, Section H, and setting for a public hearing for December 8, 1986 B. Recommend approval of an application for exception filed by Ben Aronson for mini warehouses in Section H on property directly west of Hardee's and north of Levy Road, and setting of a public hearing for December 8, 1986 C. Recommend approval of application for exception by Oceanside Church of Christ for the use of 50,000 sq. ft. of property at the foot of West Eleventh Street and Orchid in Section H for a church, and setting of a public hearing for December 8, 1986 D. Recommend denial of an application from Mr. Raymond Flott for approval of septic tanks in Section H on a hardship basis and setting a public hearing for December 8, 1986 E. Recommend approval of the application of Mr. and Mrs. Terry Norton for septic tanks in Section H based on hardship, and setting a public hearing for December 8, 1986 F. Recommend approval of the proposed zoning districts for Seminole Beach and Oceanwalk 6. Action by the City Commission to approve the installation of a sewer main in Russell Park, allowing the concession stand to get off of the existing septic tank and on the public system. 7. Action on recommendation of the Pension Board of Trustees to increase pension benefits for all employees from 2% of salary to 21/2% of salary 8. Report by City Attorney on the status of the Pension Board of Trustees as it relates to new legislation passed by the Legislature this year 9. Action on Ordinances: A. Ordinance No. 95-86-31 Introduction of an Ordinance amending the Ordinance Code to provide that members of the Advisory Planning Board shall be residents of the City of Atlantic Beach, and setting a public hearing for December 8, 1986 B. Ordinance No. 65-86-14 Introduction of an Ordinance changing the name of Garage Approach Roadway in North Seminole Beach to Beach Avenue, and changing Seminole Beach Road to Seminole Road, and setting a public hearing for December 8, 1986 C. Ordinance No. 25-86-19 Introduction of an Ordinance amending the Coastal Code and adding additional definitions as required by the amendments to the Growth Management Plan, and setting a public hearing for December 8, 1986 D. Ordinance No. 80-86-33 Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach to provide for the testing of water meters and providing for charges E. Ordinance No. 65-86-12 Public hearing and final reading of an Ordinance closing, vacating, and abandoning a portion of Violet Street in the Snug Harbor subdivision F. Ordinance No. 65-86-13 Public hearing and final reading of an Ordinance vacating and abandoning the south 150 feet of Belvedere Street, reserving a ten-foot easement 10. Miscellaneous Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON NOVEMBER 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 John W. Morris, Commissioners M S AND: Richard E. Fellows, City Manager 0 E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I O Y ABSENT: William I. Gulliford, Jr. , Out of town NAME OF ONEN COMMRS. NDSO 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 November 10,1986 Motion: The minutes of the meeting of November 10, 1986 be approved Cook x as written. Edwards x x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Recognition of Visitors he Chair recognized Mr. Charles Drysdale, 1625 Beach who presented letter signed by 13 volunteers of the Atlantic Beach Fire Dept. that expressed their views on the recent discussions concerning the volun- teers for the Fire Dept. Their letter is attached hereto and made a part thereof. Mayor Howell thanked him for submitting the letter. Mr. Ed Sanford, 1615 Seminole Beach Rd. complained the City was not treating the Fire Dept. right. Mr.Sandy Forsyth, 1639 Sea Oats Drive, expressed concern over rumors the Commission was considering the possibility of eliminating the city's paid Fire Department. Mayor Howell thanked him for his comments. He said he did not know where Mr. Forsyth heard the rumors that the city was going to eliminate a paid fire department,but nothing could be farther from the truth and apparently that was nothing more than misinformation being spread around. Ms. Margery Angelo, Director of Balance, Inc. , an Animal Environmental Protection Organization, advised the Commission of a newly formed Ad- visory Committee in Jacksonville to the Animal Control Facility. One o= their goals was to have uniform animal control laws throughout the county. She offered an Ordinance adopted by the City of Jacksonville and asked the Commission to consider amending our Ordinance to comply with theirs. One of the differences in the Ordinances was the beach residents had to pay two tag fees, one city and one county. The City Manager will call her at 249-2105 after researching the matter. He will report back to the Commission at the next meeting. Mayor Howell commented the City of Jack- sonville could amend their Ordinance so their licenses would not require the residents of the three beaches and the Town of Baldwin to comply rith their Ordinance. Mr. Mullis noted the problem was the second one that had occurred since the City Council of Jacksonville now had their own Legislative Counsel. Prior to that, the City of Jacksonville had been exempting its application on USD 2, 3, 4 and 5. PAGE TWO V V MINUTES NAME OF NOVEMBER 24,1986 COMMRS. MSYN - 3. Receipt of bid No. 8586-18 for the striping of various streets withi-i Atlantic Beach The following bids were received and opened: No bid bond required. 1. Markings & Equipment Corp. , Altamonte Springs,Fl. $10,805.76 2. U.S. Sealcoating,Inc. , Jacksonville Bid Bond offered: American Surety Reflective Striping $ 9,905.28 Non reflective $ 9,004.80 Bid tabulation attached hereto and made a part hereof. Motion: Award the bid to U.S. Sealcoating, Inc. of Jacksonville Cook x x in the amount of $9,905.28 for the striping of various Edwards x streets within Atlantic Beach. The bid includes reflect- Morris x x ive paint and a bid bond. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . Request from Beaches Cable Television for consent of the City Commis- don to the assignment of the transfer of stock by a subsidiary of Narragansett Capital Corp.to a subsidiary of Monarch Capital Corp. Motion: Approve the transfer by Narragansett of the securities Cook x x of Beaches Cablevision to Monarch-Narragansett Corp. Edwards x as provided in the Acknowledgement and Consent. The Mayor Morris x x and Clerk be authorized to sign on behalf of the city. Howell x Following discussion, the question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 5. Action of the Advisory Planning Board: A. Recommend approving application for exception from Tom West for a con- tractor's office with no outside storage at 61 and 63 West 2nd St. Sec H. B. Recommend approval of an application for exception filed by Ben Aronson for mini warehouses in Section H on property directly west of Hardee's and north of Levy Road. C. Recommend approval of application for exception by Oceanside Church of Christ for the use of 50,000 sq. ft. of property at the foot of West 11th St. and Orchid in Section H for a Church. ). Recommend denial of an application from Mr. Raymond Flott for approval of septic tanks in Section on a hardship basis. * Corrected on December 8, 1986 PAGE THREE V V MINUTES NAME OF NOVEMBER 24, 1985 COMMRS. M S Y N NOM Actions of the Advisory Planning Board - continued E. Recommend approval of the application of Mr. & Mrs. Terry Norton for septic tanks in Section H based on hardship. Motion: Move for acceptance of applications for Use by Exception Cook x x on Items A through E,and items A through E be advertised Edwards x x for Public Hearings. The Mayor set the Public Hearings Morris x for December 8, 1986. Howell x No discussion before the vote. Motion carried unanimously. The Mayor requested the City Attorney have a legal opinion prepared for the December 8th meeting on item 5 D, the application from Mr. Raymond Flott for approval of septic tanks in Section H on a hardship basis. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * F. Recommend approval of the proposed zoning districts for Seminole Beath and Oceanwalk. *12/8/86. The Mayor announced item 5 F would come up for Public Hearing 7t// / . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. Action by the City Commission to approve the installation of a sewer lain in Russell Park, allowing the concession stand to get off of the existing septic tank and on the public system. The City Manager reported the estimated cost would be approximately $3,000. and his purchasing limit was $2,500. Motion: Approve the additional cost for installation of a sewer Cook x main in Russell Park subject to a maximum cost of $3,000. Edwards x x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Action on recommendation of the Pension Board of Trustees to increase pension benefits for all employees from 2% of salary to 22% of salary The City Manager reported at the Pension Board of Trustees meeting it was his understanding the matter came up and was voted on by the Board in December, 1984 before he joined the City. Apparently, because of a lack of timeliness on preparation of an impact statement by the former actuary, all of the necessary data did not come back for consideration of the City Commission until just recently. The 1984 evaluations showed it would cost the city about $40,000 per year more to fund the other 1/2%. Because that data was almost two years out of balance, he recommended the Commission consider having Gabriel, Roeder & Smith prepare another impact study based on the current years evaluations. The report should be ready it the next meeting. Mr. Fellows also asked the Commission for guidance on whether or not they wished the increased benefits, if passed, to apply to current retirees. That would have to be addressed by Ordinance. Cost for the impact study would be $200.00 for each fund ($600.00 total) . • PAGE FOUR V V MINUTES NAME OF NOVEMBER 24, 1986 COMMRS. MSYN 7.Action on Recommendation of the Pension Board - continued Mr. Mullis commented it would be desirable to have the study made be- cause of the 1986 amendments, particularly the Police and Firemen. Motion: Authorize the firm of Gabriel, Roeder, Smith & Co. to Cook x x prepare an impact study on a proposed 1/2% pension Edwards x increase. Morris x x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8.Report by City Attorney on the status of the Pension Board of Trustees as it relates to new legislation passed by the Legislature this year Mr. Mullis reported the 1986 Legislature, Chapter 175 relating to the Fire Pension fund, and Chapter 185 relating to the Police Pension Fund, were substantially amended, particularly so far as the insurance premiu'ns levied and collected for the funds. He suggested our actuary review those amendments to the Statute. It was his opinion that one of the provisions in the '86 amendment gave the Pension Trustees an autonomous authority. The law was now being contested by several cities in Florida, with Orlaido being the lead city. The law provides the Funds should be composed of two .esidents of the city, one member of the police/and or fire department, ..ind another member to be selected by the four. Mr. Mullis also said an officer of the city could not be serving in the capacity as ex officio by virtue of the office they held. He expressed the opinion the two City Commissioners and the City Manager who presently serve on the Board should be replaced by December 31, 1986. Discussion followed on the new amendments relative to the possibility of investment brokers who were Atlantic Beach citizens serving on the Board; liabilities, etc. Mayor Howell hopefully will have the two citizens names to submit to the Commission at the meeting of December 8th. 9. Action on Ordinances: A. Ordinance No. 95-86-31 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 14, ARTICLE II, SECTION 14-17, TO PROVIDE MEMBERS OF THE ADVISORY PLANNING BOARD SHALL BE RESIDENTS OF THE CITY OF ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance No. 961.86-31 in full, in writing on first reading. Motion: Passage of Ordinance No. 95-86-31 on first reading. Cook x Edwards x x Morris x x 10 discussion before the vote. Motion carried unanimously. Mayor Howell x Howell set the Public Hearing for December 8, 1986. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE FIVE V V MINUTES NAME OF NOVEMBER 24,1986 COMMRS. M S Y N B. Ordinance No. 65-86-14 - First Reading AN ORDINANCE TO CHANGE THE NAME OF GARAGE APPROACH ROADWAY IN NORTH SEMINOLE BEACH TO BEACH AVENUE, AND SEMINOLE BEACH ROAD TO SEMINOLE ROAD; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing, Ordinance No. 65-86-14 on first reading. Motion: Passage of Ordinance No. 65-86-14 on first reading. Cook x x Edwards x x Commissioner Cook corrected the effective date which read "This Morris x Ordinance shall take effect upon its adoption." The Ordinance will Howell x be corrected to read "This Ordinance shall take effect on January 1, 1987". The question was called and the motion carried unanimously. Mayor Howell set the Public Hearing for December 8, 1986. * * * * * * * * * * * * * * * * * * * * * .. * .. * .. * * * C. Ordinance No. 25-86-19 - First Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING ORDINANCE NO. 25-86-17 KNOWN AS THE "COASTAL CODE"; AMENDING CHAPTER 6, ARTICLE II, SECTION 6-20 SUBPARAGRAPH (b) (4) AND ;ECTION 6-21 TO CORRECT TYPOGRAPHICAL ERRORS AND ADD ADDITIONAL DEFINI- 2IONS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 26-86-19 on first reading. Motion: Passage of Ordinance No. 25-86-19 on first reading. Cook x x Edwards x No discussion before the vote. Motion carried unanimously. Mayor Morris x x Howell set the Public Hearing for December 8, 1986. Howell x * * .. * * * * * * * is * * * * * * * * * * * * '* '* * * * * * * * D. Ordinance No. 80-86-33 - Final Reading and Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-23 TO PROVIDE FOR TESTING OF METERS; PROVIDING FOR CHARGES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 80-86-33 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: Passage of Ordinance No. 80-86-33 on second and final Cook x reading. Edwards x x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * ;: * * * * * * * * * * * * * .. • PAGE SIX V V MINUTES NAME OF NOVEMBER 24, 1986 COMMRS. MSYN E. Ordinance No. 65-86-12 - Second and final Reading - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA CLOSING, VACATING AND ABANDONING A PORTION OF VIOLET STREET, MORE PARTICULARLY HEREINAFTER DESCRIBED; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65-86-12 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: Passage of Ordinance No. 65-86-12 on second and final Cook x x reading. Edwards x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * .. * * * * * * * * * * * * * * * * * * * * * * * .. * * * * F. Ordinance No. 65-86-13, Second and Final Reading - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF BELVEDERE STREET, MORE PARTICULARLY HEREIN- AFTER DESCRIBED, RESERVING UNTO THE CITY A PERPETUAL EASEMENT FOR CERTAIN 'URPOSES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 65-86-13 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 close. Motion: Passage of Ordinance No. 65-86-13 on second and final Cook x x reading. Edwards x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * .. * * * ,. Miscellaneous Business Commissioner Edwards wished all a Happy Thanksgiving. Commissioner Morris commended the volunteers for coming down to speak their piece. He told them they were proud of the job the men and women were doing, and during the first workshop meeting on the fire department, he had found nothing lacking in our Fire Department as far as response and performance. He told them "As you fellows wish not to be misquoted, I would ask you to do the same for me. Never once in that meeting did I hold out anything that was derogatory to the volunteer fire department. So please, when you address these things, don't say The Commission. There was no official action taken at that meeting. It was simply a Workshop Meeting, and I feel like we will have another, at which time I would like to invite you to attend that one." PAGE SEVEN V V MINUTES NAME OF NOVEMBER 24, 1986 COMMRS. MSYN Miscellaneous - continued Mr. Fellows requested the Commission approve a Change Order on the paving to allow them to finish paving up to 16th St. and also to finish the street ends at 11th, 10th, 6th and 5th Streets from Beach to the dead end. They were already paved but in poor condition. The Change Order would amount to $8,568.00 and an additional 200 tons of asphalt. Monies were budgeted in the 86-87 FY. for the project. Motion: Approve the Change Order for additional paving in the Cook x x amount of $8,568.00. Edwards x Morris x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell called for a Workshop Meeting on the volunteer Fire Depart- ment for the next night, Tuesday November 25, 1986 at 7:00 p.m. All present stated they attend the meeting. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:50 p.m. 4oell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk TABULATION OF BIDS 1 Date of Opening NOVEMBER 24, 1986 FOR STREET STRIPING CITY OFATLANTIC BEACH FLORIDA Department PUBLIC WORKS - 4 - MARKINGS & EQUIP- U.S. SEALCOATING,IN• MENT CORPORATION P.O. BOX 8645 BID NUMBER 8586-18 ALTAMONTE SPRINGS JACKSONVILLE, FL FL ` ITF7"1 Brief Description Unit Price bct. Prick Unit PriceEct. Price nit Pri.- Ext. Price Unit Pric:a.• .. ,Price • . ., Price UnitPrjc,e t. 231 SSpp R P''1''" I SOLID YELLOW STRIPE 4" WIDE . 12 6798.00 : 16 �;b65:00 Non Ref 2 SOLID WHITE STRIPE 4" WIDE . 12 4,007.76 I ' 11 3,673. 7$ Ref . 10 3,339.80 Non Ref 111111111111 f BID BOND I NONE SU1.MITTED ' AMERICAN SURETY r ' TOTAL LUMP SUM BID PRICE 10,805. 76 • , • I • i Ref 9 00 80 •1 . NMI -1 111111.01111111111111 • -----il I 1- 1 1111111111 •7 , 1 1 , T"---"— 1 . .i . anmeIts. ' %mount Budgeted