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02-23-48 v MINUTES OF THE REGULAR BI-MONTHLY I.EETING OF THE ATLANTIC BEACH TOWN COUNCIL HELD AT THE TO':IN HALL ON MONDAY, FEBRUARY 23rd , 1948 AT 8 P.M. Present : Beale Travis , W. D. Merritt , W. E. Williams , Jr. , Harcourt ,Bull , Jr. Norman Minchew, Councilmen and G. L. Rosboroi gh , Mayor, Frank Thompson, Town Attcrney, C . R. Frazier , Town Supervisor and Adele S. Grage, Town Clerk. The meeting was called to order by the President ,Mr. Travis, who recognized the visitors present and Mr. Gillette acted as spokesman for the property owners living on the ocean front between Second and Third Streets . All these property owners were present . He re- quested information from the Council as to who has jurisdiction of the Beach and where , or if , sand can be taken from the Beach . Mr. Thompson was asked for a ruling on this and he advised that it was his belief that the Town has jurisdiction over the Beach and sand removal as the Beach is in the corporate limits of the Town as set forth in the Charter, with the limitation of its being declared a highway by the State . Mr. Travis ' opinion was that sand should not be taken from the Beach . Mr. Reid , who was present , advised that he could see no objection to the sand being removed from the Beach and that he was in favor of their trying to get some of this sand to fill in the yards . Mr. Frgzi er believes that you will never know the difference if the sand is moved from the Beach as the sand will come back to its same level . , Mr. Gillette advised that they had considered filling inxmxinEkbrtivixm$ the lots to one-third depth from the Beach then waiting to see if the Beach filled back up.be- fore filling in the entire lot , if it was agreeable with the Council. There was some more discussion on this matter then upon motion of Mr. Williams , seconded by Mr. Merritt , permission was given for these property owners to fill in their lots one-third with the sand from the Beach and if not detrimental , then to go ahead and fill in the remainder of their lots. Mr. Bowery brought to the attention of the Council the condition of the drainage around Sherry Drive and across from his property as the water down that way is getting sluggish and not draining off as it should. He feels that the Town should take some very definite steps toward providing necessary drainage for the Town. Mr. Travis advised him that the Council is considering the mat- ter of drainage at this time . Minutes of the regular bi-monthly meeting of February 9th, 1948 , were approved upon motion of Mr . Bull, seconded by Mr. Williams . A letter was read from Mr. George Bull, giving to the Town , a right- of-way deed to lands selected by the County Engineer to be used for the Town's drainage outlet . This deed is given with the under standing that a drainage ditch or canal be opened and improved if- within one year from the date of this deed. There was considerable discussion about this drainage matter and it was again brought out that the County Commission would have to approve the bridge on the Mayport Road and we would have to make sure that the Budget Committee left it in the Budget . Mr. Frazier again advised the Council that he would like to see this drainage program set up as an overall proposition. Mr. Bull, in his letter , had requested Council to authorize work to be performed not exceeding the cost of $1,200.00, the major part of said amount to be spent west of the Mayport Road , and upon the donditions that the County indicate their willingness to construct an adequate bridge or culvert across the Mayport Road . Mr. Merritt advised that he felt that we should make our arrangements with the County before we take any action on this matter. Mr. Minchew expressed his opinion that we should not , at the present time , undertake this project , until some of the other Town debts had been disposed of . After further dis- cussion and upon motion of Mr. Williams , the right-of-way deed covering the easement for the drainage canal was accepted with the understanding that a limit of p1,200.00 be spent from this year's budget . This motion was seconded by Mr. Bull and carridd. The call vote was Minchew and Merritt "no" ; Williams , Bull and Qat L• Travis "yes" . It was brought out that some of the budget items will have to be amended in order to take care of this $1,200.00 expenditure and this matter was therefore referred to the Finance and Taxation Committee . Mrs. June Wright 's resignation from the Board of Appraisers on sea- wall emergency was read. There was considerable discussion of the different procedures that could be followed in working out this emergency indebtedness and it was brought out that the Council must take some action at once or the Town will be threatened with litigation. This matter was discussed and upon motion of Dir. Bull, seconded by Mr. Williams , the following 'orruula . was adopted . :.r making up the assessments against ocean front owners: Tiebue c to be assessed by blocks on a lineal foot basis , Sandbagging and riprouping to be Einresscd 50% of cost against ell structures on the ocean froht, coually divided against each, the remaining 50% of cost against those who actually received sandbagging and rip-rapping. Mr. Frazier, was asked to get up a letter to the property owners and also to work out assessments on the above formula and as soon as prepared to present to Council at an adjourned meeting not later than this next week . Upon motion of Mr. Bull, seconded by Mr. Minchew,an Ordinance re- pealing Ordinance No. 106 which Ordinance created the Board of Appraisers and setting up other procedure , was passed on first reading. Upon motion of Mr. Bull, seconded by Mr. Williams , it was passed on second reading. This is necessary due to ti-,e fact that two members of the Board of Appraisers have resigned and it has not been possible to find any one to replace them. Upon motion of Mr. Minchew, seconded by Mr. Merritt , Ordinance No. 10$ Amending Utility Ordinance No. 103, by inserting a sliding scale to cover Utility Tax,was passed on third and final reading. Upon motion of Mr. Minchew, seconded by Mr. Williams , Ordinance No. 109 creating a safety zone on the Beach , was passed on third and final reading . Insertion was made in the Ordinance of 4100.00 on fines and imprisonment not to exceed 30 days . Upon motion of Mr. Bull, seconded by Mr. Merritt , Ordinance No. 110 which is an Ordinance naming the streets in Section H, was passed on third and final reading. The Finance and Taxation Committee presented the contract from Smith & Gillespie and upon motion of Mr. Merritt , seconded by Mr. Bull, the following Resolution accepting this contract was adopted: "BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY , FLORIDA, 'That , the contract as submitted by Smith & Gillespie, Engineers, cov- ering certain professional engineering services in connection with proposed water supply facilities in the Town of Atlantic Beach , be accepted and "Mat , the Mayor and Town Clerk be authorized to sign same on behalf of the Town." Mr. Frazier was requested to notify Smith & Gillespie of the accep- tance of this contract . Mr. Frazier reported that he has had some quotations on pumps but consideration of this matter was deferred until the next meeting. It was brought out that Mr. Adams operated under a contract with the School Board in furnishing water to the Atlantic-Neptune School due to the large amount of water used there and it was suggested that the matter be referred to the Finance and Taxation Committee to negotiate with the School Board for a water rental on a reasonable basis. Upon motion by Ivlr. Merritt , seconded by Mr. Williams, the following billswere approved for payment : Cameron & Barkley 13. 88 Do. 165. 42,' Do. 16.31/ Cities Supply Company 41.02 / Do. 23.31 ,' Upon motion of Mr. Merritt , seconded by Mr. Bull , the bill from Mr. Adams covering inventory of waterworks supplies in the amount of 41,092 .46 was approved for payment when funds justified. Upon motion of Ivir. Merritt , the meeting adjourned from day to day . • 16-441-13:4-4-4-A-t-141 Beale Travis , President Attest : Town Clerk