05-01-88procedures that will b• used to mintein test seaples. !actors
to bs considered by the City Sn selecting a testing facility
include:
(a) testing procedures which ensure privacy to uployaes
and applicants consistent with th• prevention of
taaperinq;
(b) asthods of analysi^ which ensure reliable test results,
including the use of gas chroaotography/sass
epectroeatry to confixa positive test results;
(c) chain-of -custody procedures which ensue proper
identificatlan, labeling, and hsndlln9 of test seaples;
and
(d) retention end storage procedures which ensure reliable -
rnulu on confirmtory tuts of original saapUs.
Section 16. Rswal of Conflicting Ordinances. All
ordinencu or parts of ordimnces in conflict hsrwith, W and
the seas ere, to the a:tent that the seas my bs in conflict,
hereby repealed.
Bastion 17. Effective Date. Th!• ordinance shell take
affect laswdiataly.
• • •
Passed by the City Co®Sss ion on first reading April I1, 1988
Passed by the City Co®ission o/ten/s~eco//ndJb final reading lay 9, :988
.~"
Willie S. o~ell, Mayor, Presiding Officer
Approved as to fore and correctness:
Claude L. Mul lla, C ty nay
ATTEST: ,. ,~~: -- J.,~ ._.
Adelaide R. Tucker, C1[v Clerk »~'
~.(.1~°.7G,~Gai Gtj CIerR
(e) the employee•a supervisor had reasonable suapieion to
believe that the eaployee ras under the influence of
drugs or alcohol while on the iob; and
(b) the e~ployee•s drug teat rasult^ are accurate.
Within 20 days following the clone of the hearing, the
hearing officer shall Seeue a written decision end a brief
suaeary of the facts and evidence supporting that decision.
Section 12. Mandatory can Referral.
Upon the firer confirsisd detsrninstion that an enployse is
under the influence of drugs or alcohol, the City shell refer the
employee to en Employee Assistance Progrea for esaessa~ent,
counseling, and rehebilitetfon. Pertlcipetlon in an clip is
voluntary and no dieclplinary action Bey ba taken against en
employee for failure to begin or coaplete en RAP prograst.
Dieciplinery action based on a violation of the City's drug end
alcohol policy is not eutosatically suspended by an eaployea'a
participation in an RAP and aey ba isiposed when warranted.
Section 13. Confidentiality of Test Rsaulta.
All information from an e'ployes's or applicant's drug and
alcohol teat ie confldentit.l and only thole w1tA • need to know
are to be informed of test results. Disclosure of test results
to any other person, agency, or ozganisstion Se prohibited unless
written authorization ie obtained frog the employee or applicant.
The results of a positive drug twat shell not be released until
the results ere confirmed. The records of unconfirmed positive
test rasulte end negative teat results shell be destroyed by the
tasting laboratory.
Section 1~. ipr vacv~ Druc Teatinc.
Urine semplee shall be prov~dad in a privates restroom stall
or similar enclosure ao that enployees and applicsnts say not be
viewed while providing the sample. Paployees end applicente will
be given hospital gowns to wear while they ere providing teat
samples in order to ensure that there 1^ no taaparlnq. Street
clothes, begs, brfefceees, purees, end other containers may not
be carried into the test arse. The water in the caaaaods shell be
colored with blue dye to protect against dilution of teat
samples.
Section 15. Laboratory Tes Lino R .~~~~~~
All drug end alcohol testing of aaiployesa and epplicente
shall be conducted et aedf cal facilities or lsboratorles selected
by the City. To ba considered a^ a testing site, n medical
facility or lab must submit in writing a description of the
- 5 -
chromotogrnphy/mass epactrometry (GC/NS) teat. The aecond teat
shall uee a portion of the same teat eemple withdrawn from t}:e
employee or applicant for uee in the first teat.
If the second test confirms the positive teat result, the
employee or applicant shall be notified of the results in writing
by the appropriate department heed or designee. The letter of
notification shall identify the particular eubstarce found and
its concentration level.
An employee or applicant whose aecond teat confirms the
original positive teat reeult may, et the employee's or
eppltcant's own expanse, have a third teat conducted on the enure
sample at a laboratory selected by the City.
Section 10. Conseauancee of n Confirmed Poei iv Teat
Result.
(a) Aoolicnnte. Job npplicante will be denied employment
rith the Clty if their initial positive teat reeulte hove been
confirmed. appllcent4 shell be Informed in writing if they are
rejected on the beets of a confirmed positive drug teat result.
(b) Bmoloveee. Zf m: employee's positive test reeult hee
been confirmed, the employee is subject to disciplinary action up
to end including termination. Pectore to be considered in
determining the appropriate dieciplinery response include the
employee's work history, length of employment, current job
performance, end the existence of peat dieciplinery actions. No
dieciplinery action may be taken against employees who
voluntarily identify themselves ae drug users, obtain counseling
and rehebilitetion through en approved 0nployee Aseietnnce
Program, end thereafter refrain from violating the City•e policy
on drug and alcohol ebuee.
Section il. Tha Right to a Hearing.
If an employee•e positive teat reeult hee been confirmed,
the employee ie untitled to a heerin; tefore the City may take
any dieciplinery action. The employee moat make a written
request for a hsarinq to the approprinte department head or
designee within 15 days of. receipt by the Ex:pl.oyee of the
confirmation roar reeulte. Hapluyeee say be :•eprasented by legal
counsel, present evidence and witneeeee on their behalf, and
confront end cross-e:amine the evidence and ritnesees used
against ths.
No adverse personnel action my be taken against an employee
based on a confirmed positive drug teat result unleae the hearing
officer finds by a preponderance cf the evidence that:
- 4 •-
(e) the consequences of refusing to undergo a drug end
alcohol teat;
(f) the right to explain a positive test result end the
appeal procedures avnilable; and
(g) the availability of drug abuse counseling and referral
services.
Section 6. Consent.
Before a drug and alcohol test is adainistered, employees
end job applicants will be asked to sign a consent form
authorizing the teat and permitting release of test results to
those City officials with a need to know. The consent fora shnll
provide space for employees end applicants to acknowledge that
they have been notified of the City's drug testing policy and to
indicate current or recent use of prescription or over-the-
counter medication.
The consent form shall oleo set torth the following
informetionz
(a) the procedure for confirainq an initial positive test
result;
(b) the consequences of a confirmed positive test result;
(c) the right to ezplain a confitsed positive test result
end the appeal procedures avnilable; and
(d) the consequences of refusing to undergo a drug and
alcohol teat.
Section 7. Refusal to Consent: 1L•+ulicant~.
A job Applicant who refuses to consent to a drug and alcohol
Leer will be denied employment with the City.
Section 8. Refusal to Conaentz Emlovaae.
M employee who refuses to consent to a drug and alcohol
teat wher. reasonable suspicion of drug or alrnhol use hna been
identified is subject to disciplinary action up to and including
Lamination. The reason(s) for the refusal shell be considered
in determining the appropriate disciplinary action.
SeeLion 9. Confirmation of Tee ^•1 s.
An employee or job applicant whose drug test yields a
positive result shall be given a second test using a gas
- 3 -
Section 3. current Beolovee Tastinar General Standard
The Clty may require a current City employee to undergo drug
and alcohol tasting if there is reasonable euepicion that the
employee 1a under the influence of drugs or alcohol during work
hours. •Reasoneble euepicion• means an articulate belief based
on specific facts end reasonable lnferencee drown from those
facts that an employee is under the influence of drugs or
alcohol. Circumstances which constitute a beeis for determining
"reasonable euepicion" may include, but are not limited for
(a) a pattern of abnormal or erratic behavior;
(b) information provided by n reliable and credible source;
(c) a wrk-related occident;
(d) direct observation of drug or alcohol use; or
(e) presence of the physical symptoms of drug or alcohol
vas (i.e., glassy or bloodshot eyes, alcohol odor on
breath, slurred speech, poor coordination and/or
ref lexea).
3upervieore ere required to detail in writing the specific
facts, symptoms, or observations which formed the beeis for their
determination that reasonable euepicion existed to warrant the
testing of an employee. This documentation shall ba fozverded to
the appropriate department head or designee.
Section 4. Supervisor Treininp:
The City shall develop a program of training to assist
supervisory personnel in identifying drug end alcohol use among
employees. Such training will be directed tararde helping
supervisors recognise the conduct end behavior that give rise tc
a reasonable euepicion of drug or. alcohol use.
Section 5. Prior Notice of Teetino Policy.
The City shell provide writtmr notice of its drug and
alcohol testing policy to alp erplnyeee end job applicants. The
notice shell contain the following informations
;e) the nr~ad for dray end alcohc.". teat'uq;
(b) the circumstances under which testing may be required;
(c) the procedure for confirming nn initial positive drug
test result;
(d) the coneegvances of a confirmed positive teat result;
- 2 -
ORDINANCE NO. 50-88-9
AN ORDINANCE AMENDING THE ORDINANCE CODE OP 7HE CITY
OF AtLAN'IIC BEACN, FLORIDA, TO PROVIDE A POLICY ON
THE USE OF DRUGS AND ALCOHOL; PROVIDING DRUGS TO DE
TESTED FOR; PRWIDING JOB APPLICANT SESTINC STAN-
DARDS; PROVIDING CURRENT EMPLOYEE TESTING STANDARDS;
PROVIDING FOR IIRITTEN NOTICE; PlOVIDINC FOR CONSENT;
PROVIDING POR HEARINGS; PROVIDING FOA COIRIDENTIAL-
ITY; PROVIUINC POR LAB TESTING REQUIR@ffiIfS; PRWID-
INC AN EFFECTIVE DATE
eE IT ORDAINED BY 7HE CITY COMMISSION OF THE CITY OP ATLANTIC
BEACH, FLORIDA:
Section 1. Drucs to be Tested Por.
Nhen drug and alcohol •creeninq is required under the
provieiona of this policy, a urinalysis test will ba given to
detect the presence of the following drug groups
(s) Alcohol (ethyl)
(b) Aepheteminea (e.q., speed)
(c) eerbituatee (e.g., Asobsrbitel, Butabsrbitel,
PAenobarbital, Secoberbitel)
(d) Cocaine
(e) Hethaqualone (e.q., Quaalude)
(f) Opintes (e.g., Codeine, Heroin, Morphine,
Hydroearphone, Hydrocodone)
(g) Phencyclidine (PCP)
(h) THC (Marijuene)
Section 2. ,lob loolicent Testing, ~~I a«~ ,. ..w '
Applicants for the follorinq safety-ssasiti~e positions rill
be required to undergo a drug sad alcohol test spoa sa offer of
empioyeent and prior tc their final appolnta»IIt~
(a) Police and lar snforcesrnt oftiwrs
(b) Firefighters
(e) Pnresedics
(d) Lifeguards
(e) Truck drivers
(f) Heavy equipeent operators
(q) 911 emergency dispatch operators
CITY OF
yQrta.rrie Easels - ~lmrida
i160CEAN BOULEVABU
l.O. BOX Y6
ATLANTIC BEACH. PIARB)A 92211
TELEPHONE 14a112~423%
May 20, 1988
The following public access points are as per records on file at the Ci[y
Nall in Atlantic Beach as of May 20, 1988:
1. Ahern Street, and 1st through 15th Streets are all by dedication Sn
recorded Plat Book 5, Page 69 in the public records of Duval
County, Florida.
2. Club Manor Subdivision, access by dedication in recorded Plat Book 25,
Page 62 in the public records of Duval County, Florida.
3. 16th Screet, easement as recorded in O.R.Volume 6109, Page 92-93 in
[he official records of Duval County, Florida.
4. Devees Avenue, easement per instrument recorded in Deed Book 1316,
Page I15 of the public records of Duval County, Florida.
5. 18th Street, by dedication as recorded in Official Records Yolume 777,
Page 245, of [he current public records of Duval County, Florida.
6. 19th Screet, by dedication as recorded in Plat Book 15, Page 93 in
the current public records of Duval County, Plorida.
Approved as to Form
and Content:
~~1
Claude L. Mullis
City Ac mrney
.~rlsG~//
/~GEt/~ ~l
Adelaide R. sucker, Ci[y Clerk
._ ~
~~
f
~~~
CITY OF
11+fi~lartc'e $eaelr - ~loslda
K __. -... __ _._ _ _._.__ ~_-
May 20, 1988
tI60CEAN BOULEVARD
P. O. BOX T6
ATLA.N77C BEACN. EivemAaffisa
TELEPMONEI6WIS1&ZN6
Hon. Robert S. Yerkes, Attorney a[ Lav
1550 Florida Bank Tover
]acksonvil le, F1. 32202
Dear Mr. Yerkes:
As requested, ve are enclosing a list of public access points to the
Atlantic Ocean and its beach within [he city limits of the City of Atlantic
Beach, and a map hlRhllght ing the locations. Our City Attorney, Claude L.
Hulks has approved as to form and content.
If ve can be of any ocher service co you, please advise.
Sincerely yours,
1 ~~~~{~
Adelaide R. Tucker
City Clerk
Encl.
w -
i
t
4
~~
[he Commission up to date cn what is planned and [o proceed with the
necessary rezon ings etc.
o The developer of Cypress Cove, Unit v, in the Buccaneer Neer and
Sever District, has reques [ed acceptance by Che C1[y of Atlantic Beach
of the water and sanitary sever utilities within the project. Ne have
on hand [he required documents for acceptance and Acting Public Services
Director, Don Ford, has assured me the television reports and other
matters have been received and complied with by Che developer.
o The Community Development Board met on Tuesday, Hay 17, 1988, e[
City Hall, and vent over with the consultant the suggested goals,
obj ec Gives and policies for the Coastal Management/Conservation Blement
of Ac lancic Beach's comprehensive plan. Polloving the presentation by
[he consultant, [he board acted on an appl St et ion for exception from
Donald Braddock for aucomohile repairs, etc. in a CG district located at
the corner of Mayport Road and what was once Nest Plaza. The board also
acted on a request for exception from Kathleen Bushnell for a home
occupation exception to alloy the use of her home for arranging trips
for students and others by telephone. The activity will be carried on
at 140 Twelfth Street. If the Commission agrees, these matters can be
set for public hearing at the next regular meeting, Sune 13, 1988.
o As you know, the Cf ty has been working with the Green Frog Land-
scape Maintenance Company to take care of the City Hall grounds and some
of Its pump slat ions. With [he completion of the landscaping at the
Public Safety Building, Pu61 is Norks and the water and sever plant, it
has become obvious [he contract with the firm is getting to a point
where i[ should be bid out. Recognizing this, and moving as rapidly as
possible so there would be no delay in the maintenance of landscaped
facilities, the requ iremen[s were put out [o bid and [he bide were
opened on Thursday, Hay 19, 1988, with Commissioner Robert Cook, the
City Manager. City Clerk, and Ac [1ng Pu61 is Services Director acting as
a committee to rev iev same. The results of that review are enclosed and
will be an agenda item for Monday night.
o Andy May of Gee and Jenson, will be appearing before the City
Commis ion on Handay night to discuss what he sees as a need to under-
take a network analysis of the Buccaneer Nater and Sever District in
order [o determine some problems involved in maintaining uniform chlo-
rine residuals and low pressures. Since he is going to address [his
matter, I felt it might be an advantage to all of us to consider the
possibility of a hydraulic analysis hoc only for Buccaneer, but for the
Atlantic Beach water system co develop the necessary statistics for long
range planning. In any even[, he will be on [he agenda for a spec lal
discussion.
.
s CITY OF
~ AI1~tfa.rtla beau - ~lmuda
Hay 20, 1988
To: The Honorable Mayor and City Commissioners
Prom: Richard C. Fellows, City Hanager
SubJ ec C: STATUS REPORT
]I60CEAN BODLEVARD
P. O. BO%1b
ATLANTIC BEACN. FLORB1A 322}1
TELEPHONE Imwl2142386
o Enclosed please find minutes of the regular meeting of May 9, 1988,
and a copy of correspondence received 6y Mayor Howell from the ed icor of
the Charleston, S.C., Evening Post. This vas in response to a letter
the mayor addressed to him regard ing consul ida[ed government.
o Police Chief Thompson picked up on some cowmen cs made by Commis-
sioner Cull iford at the last meeting zegard ing the guidelines followed
by the coures in tt~e sentencing of criminals. He has provided me with
some statistics which are revealing. Eg., It takes forty-four bur-
glaries of a business before a person can be sentenced [o [he five year
maximum penalty as provided by the sencenc ing guidelines. I[ cakes
seventy-seven separate occasions of auto Chef[ and Fourteen convictions
on possession of crack cocaine before a five year penalty is given. It
seems a bill has been introduced in [he Senate to abolish the sentencing
guidelines and I pass [Ills along [o you in the even[ [he C3[y Co®ission
wishes [o Cake any action in support of abolishing the guidelines.
o The Florida Department of Environmental Regulation has received the
f Snal report from its consultant on the Plorida Scace Aevolving Loan
Pund study. The consultants recommend [haC a subsidized revolving loan
program be implemenced in 1989 by [he Department. The Envirol®ental
Protection Agency roost ruction grants will no longer be available. I
think we will see all of this coming to pass beginning vl[h fist al year
July 1, 1989. In this regard, and in anticipation of no more grants, we
have filed a petition with the Department of Envlrotlmencal Regulation to
elevate our Haj or Sewer Retlab prof ect, Phase II, to the fundable portion
of [he exf st ing grant list for funds. I[ may well be co our advantage
[o have Nayor Howell attend the Env Sronmental Regulation Commission
meec ing scheduled for June 17, 1988, in order [o argue the City's case.
o Ceorge Bull will be appearing before the Ci[y Comm issior. on Monday
night for preliminary plac approval of a new 40-unit development called
Sevilla Gardens. This is on Che 10 - 12 acre Tract adj seen[ to the
Sevilla Condominium site and [he purpose of this vi sic will be to bring
~,
Plenoe Type or Print in Ink Appllcetion Fee •75.00
i
APPLICATION FOR 'USE BY E%CEPTIOB•
Date F11edr__~a~~D
_______________
Name '~LLa'nd Addreoe at Or nlIer or Tnrwut Sn Poeeeeslou of Prewloeer
_~i~eln_~_~L___-______ Plrone
--!~--~a~-~ ~r ----------------- ayb_=b8~2------------
dd ~" ~"I~ CCI - Morkl_ ~~1p ^^.~'~r~
__!1~' tS~iL_~Peb~.,_S_~_~a~_- Ilowet_yt7l=ai[6Sl~____________
Street address snd lapel deeoriptlon of the prewieee ee to rhialr the •Uee
by Exception' is requestedt.
.~ST __~Z__LOT,S__5+~~_~14~'~_`i~,~r-------------------------
i
--Sv~J?1_Y~~Sl~tll_---~---------------------------------------------- '
A deecrlption of the •Uee by Exception' desired, rlriclt shall epeoifieslly
and particularly describe the type, clrerecter snd extent of tiro praponod ~
•Unc by 6xucptluu•r
maalslnl~__ ~e,.rla~a~_wit~i~~,irl:itw_}it,Y~s_aulaAn~_a~_~.x3_'_bl~tras.
Speclfin reeecne riry the applicant feels the request should be grsntedt
S1 ne Lure of a~ Scent/applicant's S net~rner of it,e properly.
au tlrorized agent or attorney. If A pllcetlon cannot be processed
agent or attorney, include letter rithout orners slpnsture.
crow applicant to Shat effeo t.'
a
a
Applicantr Uo not Sill-1n be and this s
y polo t. Ilorever, be prepsrrd to
respond to tare falloring ltewel
Zoning Claeelffcetionr__~~~y-
Pleeee Type or Pr1n! in Ink
Appllaetion Fee ^75. 00 '
APPLICATION FON •USE BY E%CEPTION•
Date Filed, AP2/L 27 /p BB
_______________~L,_____
Neese ood Addree• of Or` ~~.r or T.neu! in Po.aeulou o! 1•~eio.a AµA '.
~O_N_96P_ L. gi~A_Dp4~ ISt_________ Phone
2 $OO LYi`l.l`LNPaY€H ?~Y+R~______ Mark:__________________
_______
JACK50I~J ILI~QrfL__3221Z___ ~ Ilau: 2G8-8~55~
Street addres^ wnd lapel dooriptlon o! the preel^ee a to rhlah the •Uu
by Exoeptlon• Se rwquufed, 1 c
T1{G. /~ORTN SO~CFEFT~OF LOTS_ y3.ELI-Fy_~LOCIs_9.S~AJTLN_UTI~YZ~.dSr N-~___
S ECTIO/J °H•AS R.ECOICDtD ,N P~_1$~3g, CpR ~UyALCOV I.~TY Te¢£Stl
______ -r___ f'Ra
_WITN THE ~T~gLY_Z S~S~OF THE CIASED_Qo RTIOI.~, OF N1EST Puzg ST¢E€T~,,
A description of Lire •Uee by Exoeptlon• desired, rhich shell epeoltically
end particularly describe the type, chereo ler end extort o1 the proposed
Uee.by Exception t
TO PERMIT RE-A Ii~3 TD AJIDMOgILfi ~NGINE ~~pJE~,~FRj~MES ?bGETNE7L
___ ______________ _________
W ITx f~EDA1NTING --'TO_6E PEgFp lj jNEp W ITH/ry T{IE C01~IF1~F~ OF A --
ByiLO1N6._rQ p€_e€RMIttE?_FzY ZuE clg o{ ATtaNTiC_~E7±~µ--___
Speciilo reawone rhy the sppliasnt feels the r^quest should br granted{
p!PPL1GAkI_µA5 ENGhGEp IN A 51/I1LA~ g~S~~SS 11T IS~O_~{~oRY Rp~-
Fo~ 5E1~€SAL__YF7!BS_o_k_1ePS~~-prtQ~eq-Ty P"~°--~1~? vESJP,E~ T9_SJ2LL.p__---
J ,
o~_QINE?t_CHANGES_0~_SJM1J`APi..~5t5S~FSiSES_1}I TH€AiLEA.--~_~__
Zonlnp C1aee1i1oetlon, G C7
' C+HE~HF FEDO RCA CONALD L.BRADDOCIG,
s
Sipn^tyEe oS ^ppllc^nt/^~lio^nt•s ___ _____ ___________ ________ _
^uthorized spent or .!torn. Signature of orner of the property.
eprnt or ^ttorney, lnolude latter Applio^tion o^nnot be prooeoed
crow ^pplic^nt to th^t elfeot.- *ithout ornery eipn^ture.
Applicant: Uo not till-Sn beyond tl:i^ point. llorever, be prep^r^d to
ropond to Lire foliating hews:
COMMITTEE REPORT
Commissioner Robert Cook, Ctty Manager Richard Fellows, Acting Public
Services Director Dun Ford, and Ci[y Clerk Adelaide Tucker met on
Shur sday, May 19, 19RR, at 10:00 AM for the purpose of examining Aids
for maintenance oC all of [he City's landscaped areas.
A copy of [he bid tabulation is enclosed and shows the apparent low
bidder to 6e First Coast Landscaping of Jacksonville. Discussion ensued
among the members oC the committee relative to whether or no[ the
apparent low bidder was capable of performing [he services Snasmuch as
no letters of reference were attached and no one vas familiar with the
background and experience of the company.
Further discussion ensued relative [o the second low bidder which was
Creen Frog of A[lan[ic Beach and all of~[he committee members agreed
t ha[ [his bidder who currently is doing the work for [he City, is well
qualified, has been doing an excellent job, and has established itself
as a reputable service organization.
Further discussion ensued with the consensus of the committee being that s
a recommendation of award should be made to the City Commission favoring
Creen Frog for the following reasons:
I. Pas[ successful experience in its operation with the Ci[y
2. The availability of its service facilities
3. Size of [he organization and its arcessfbil icy
4. The amount of maintenance and landscaping materials which
require main[a ining.
The committee chairman, Commissioner Cook, asked if there were any
further co®an[s and [here being none, [Ae mee[Sng vas adjourned at
10:30 AM.
~~
~_.,
,`'.
PAGE SIX
MINUTES
MAY 9, 1988
NAME OF
COMMNS.
M
S V
Y ~
N
Miscellaneous - continued
Mayor Novell commented briefly on [he letter received from [he Freedom
From Religion Foundation objecting [o the fact that Mrs. Blanchard had
scheduled opening and closing prayers for the Bicentennial celebration
He ordered [he letter filed for information.
Nr. Fellows reported on the cost of [he emergency repairs for a collap ed
sewer line over by The Champions Club. The loves[ estimate received va
$6,500. Smith 6 Gillespie recommended the city move on the project and
not wait on a regular contract co do the vork,as there are about 24,00
gallons of water a day of infiltration going into the pipe now.
Notion: Authorize the expenditure of $6,500 for emergency repairs Cook x
for a collapsed sever line over by The Champions Club, as Edwards x x
recommended by the Engineers, Smith b Gillespie. Gulliford x x
Jensen x
No discussion before the vote. Motion carried unanimously. Novell x
Mayor Novell announced [here would be a short meeting in the Conferenc
Room immediately following the meeting relative to labor collective
bargaining.
There being no ocher business to come before the Commission, the Mayor
declared [he meeting adjourned at 8'00 p.m.
Hllliam S. Novell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
PACE FIVE
MINUTES
MAY 9, 1988
10. AC[1on on Ordinances - continued 50-88-9
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC eEACI
FZORIDA, TO PROVIDE A POLICY ON THE USE OF DRUGS AND ALCOHOL; PROVIDI'.
DRUGS TO BF. TESTED FOR; PROVIDINf. JOB APPLICANT TESTING STANDARDS;
PROVIDING CURRENT EMPLOYEE TESTING STANDARDS; PROVIDING FOR WRITTEN
NOTICE; PROVIDING FOR CONSENT; PROVIDING FOP, HEARINGS; PROVIDING FOR
CONFIDENTIALITY; PROVIDING FOR LAe TESTING REQUIREMENTS; PROVIDING AN
EFFECTIVE DATE.
Ordinance 50-88-9 vas presented in full, in writing by Mayor Howell of
second and final reading. Said Ordinance vas posted in line with Chan
requirements. The Mayor opened the floor for a Public Hearing and in-
vited comments from [he audience. As no one spoke for or against, [he
Hayor declared the Public Hearing closed.
ibtion: Passage of Ordinance No. 50-88-9 ort second and final
reading.
No discussion before Che vote. Motlon carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous
Commissioner Gull iford asked the City Manager for comments on the dog
ordinance recently passed. Mr. Fellows responded chat signs had been
ordered, a handout had been prepared for rew residents, and notices
had been prepared to post in city hall, tax collector's office, and
post office. Hr. Fellows anticipated having the signs ready [o erect
within [vo weeks, and a[ that time he will try to get Television
coverage with our Animal Control Officer, Hs. Lester.
Mayor Howell reminded everyone about the Bicentennial celebration and
annual Spring Festival [o be held on Saturday, May 14th a[ Russell Par
from 10:00 a. m, until 6:00 p.m. Mrs. Rose Blanchard, Parks Director,
said local scouts would conduct the ceremony of raising the flag, and
she planned a very nice finale for the Bicentennial celebration. Mrs.
Blanchard invited everyone to attend the big even[.
Mayor Howell announced he had responded Co an ar[ic le written by Mr.
R. Shreadley, Executive Editor of The Nevs and Courier/The Evening Pos
Charleston, S. C. relative to Jacksonville's 20-year experience vlth
Consolidated Government.
The Mayor advised a law suit had been filed against the city by Mr.
Rex Thames, owner of [he Big L that had recently been closed by Court
Order due [o the drug connected activity. Mr. Thames, in [he interim,
rented [he building [o a lawn service company who vas presently re-
modeling i[. Mr. Thames was appealing [he decision of Che Cnur[ [o
close down his establishment for drug activities. Mr. Mullis cos®ented
is appeared co him there may be some reasons behind it that were a
little more obscure than just [he law suit. A detailed discussion
followed.
NAIdE OF
COMMHS.
M
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Y ~
N
H
V
t
r
Cook x
Edwards x x
Culliford x
]ensen x x
Novell x
PACE FOUR
HI MUTES
MAY 9, 1988
NAME OF
COMMAS.
M
S ~
Y Y
N
9. Action on Resolutions:
A. Resolution 88-7
Mayor Hovel J. presented in full, in writing Resolution No. 88-7, a
Resolution amending in its entirety Resolution No. 87-2 which adopts
aesessmen[ plats, plans, specifications and stated estimated construe[ on
costs and certain other matters in connection with [he levy and collet -
ion of special assessments in Section N.
Motion: Passage of Resolution No. 86-7. Cook x
Edwards x x
Gulliford x
During discussion, Mayor Howell announced a Public Nearing on the Jensen x x
proposed assessments would be held on June 20, 1988 a[ 7:15 p.m. Novell x
Mr. Mullis commented the Resolution provided Cor alternate methods for
making [he assessments and placing them on the [ax roll. He met with
the Property Appraiser, Ernie Nastroainni, last Friday, and he offered
to cooperate in any way possible with the CS[y of Atlantic Beach.
The question was called and the motion carried unanimously.
B. Resolution No. 88-8
Mayor Howell presented in full, in writing Resolution No. 88-8, a
Resolution to provide funds for salary adjustments for the Ci[y Clerk
and City Manager.
Motion: Passage of Resolution No. 88-B. Cook x
Edwards x z
Gulliford x x
No discussion before [he voce. Motion carried unanimously. Jensen x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * # Nowell %
C. Resolution No. 88-9
Mayor Novell presented in full, in uric ing Resolution No. 88-9, a
Resolution to provide a transfer of funds from the general (und to the
pension fund [o provide for twenty-year retirement of Police Chief
Carl Stucki.
Notion: Passage of Resolution No. 88-9. Cook x
Edwards x x
Cu ll iford x x
No discussion before the vote. Motion carried unanimously. Jensen x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
10. Action on Ordinances:
A. Ordinance No. 50-88-9 - Public Hearing and final reading
PAGF. THREE
MINUTES
MAY 9, 1988
Committee Repar[s:
Motion: Approve the recovmendatfon of the Professional Services
Evaluation Committee and award a contract [o Cee b Jenson
for engineering fees for [he preparation of plans and speci
f ica[ions for the remaining water and sever lines on Beach
Avenue between Sixteenth SC. and 'huen[ieth S[. in the
amount of
No discussion before the voce. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * k * * * * k * * * k
7. Discussion by the CS[y Commission on approval of covenants and re-
scrictions in Selva Linkside PUD
Motion: Approve Covenants and Restrictions in Se lva Linkside PUD
as submitted.
During discussion before [he vote, Commissioner Cook asked if it vas
normal procedure to approve covenants and res[ric [ions. The Mayor
responded the city had always approved covenants and restrictions for
Planned Unit Developments (PUD). The question vas called and the mocio
carried unanimously.
8. Action on Exceptions:
ion
Mayor Novell opened the floor for a Public Hearing and invited comment
from the audience on the application For exception by Bennett Cons[ruc
ion Co. for the sale of beer and vine in a Commercial General District
at a new restaurant at 100 Wes[ First St. As no one spoke for or agains
the request, the Mayor declared the Public Hearing closed.
Notion: Approve [he appl icacion For exception by Bennett Construct-
ion Co. for the sale of beer and vine at a new restaurant
at 100 West First St.
No discussion before [he vote. !b [ion carried unanimously.
* * * rt * f * * k * k * * * * * * * * # * * * * * k k k * * * * k
NAME OF
COMMiLS.
M
S V
Y V
N
Cook x
Edwards x x
Culliford x
Jensen x x
Howell x
Cook x
Edwards x x
Culliford x x
Jensen x
Howell x
n
t
Cook x x
Edwards x
Culliford x x
Jensen x
Howell s
Mr. Fellow reported [he Committee composed of Mr. Mullis, Mr. Johnson
and himself me[ and examined the proposed fee, keeping in mind the
proposal vas an estimate only, and [he actual expense would be less.
the Committee examined [he letter of justification from Cee S Jenson,
and folloving evaluation, [he Commi [tee recommended the City authorize
a concrac[ be entered into with Gee S Jenson for the work.
PACE Tf:O V ~
MINUTES NAME OF
HAY 9, 1988 COMMItS. M S Y F
Appearances - contLnued:
to the Public Safety Bldg. was whether they had to go [o pilings or
move the ditch, etc. However, there would 6e a saving in parking at
the Public Safety Bldg. site.
Commissioner GulliEord said if [he cost estimate vas close in the two
buildings, the city would gain, not only in [he potential for expansio ,
but would also gain the present city hall building for utilization of
other community-vide purposes. A general discussion followed relative
to the present city hall building and the other site..
lotion: Authorize Clements, Rumple, Goodwin, D/Avi Architects Cook x x
to examine the site adjacent [o the public safely bldg. Edwards x
and prepare studies of that site for a new city hall [o GulliEord x x
[he same level as previously authorized on the present Jensen x
site. Howell x
No discussion before [he vote. ib[ion carried unanimously.
4. Action by the Ci[y Commission to approve and ratify the expenditure
of $) 500. on state contract for tF.e re lacement of a sanitation vehic e
Notion: Ra[Lfy [he expenditure of $7,500.00 for [he replacement of Cook x x
a sanitation vehicle [o be purchased under slate contract. Edwards x
Gulliford x x
No discussion before [he vote. Motion carried unanimously. Jensen x
# * * # * * * * * * * * * * * * * * * # # * # # * * * # * * # # Howell x
5. Action by the Ci[y Commission on a re uest from R.W. Fowler and Asso .
for tem rar office s ace [o be added to the rear of [heir ro ert a
400 Lew Road.
Hayor Howell reported he had talked briefly with Mr. Fouler re [he to
porary office apace. Hr. Fowler is presently on a septic tank as sever
!s no[ available at [he present time. Additions to the building will b@
be constructed as soon as the city has sewer available.
Notion: Approve [he request by R. W. Fouler and Associates for Cook x
temporary office space at 400 Levy Road. Edwards x x
Cull iford x x
No discussion before [he vote. Notion carried unanimously. Jensen r.
# # # * # # * * * * * * * * * # * * # * * * # * * * z # x # # * * Novell x
6. Committee Reports
A. Mayor Novell to report on a meeting with the pri 'pals of Atlantic
Atlantic Utilities regard inR [he utility system Sn the Oak Harbor
Subdivision
Nayor Howell reported he met last week with the oE(ic ials of Atlaucic
Utilities regarding the utility system in Oak Narbor. Atlantic U[ili[i s
wanted approximately $1,096,000 for the system, and our eng Lnee rs were
estimating a value of approximately $250,000. The lines are being tele
wised, and studies done on the eater mains, etc. The next meeting vas
scheduled for June 15th. The Mayor will report back.
_.
1,,
`,
MINGTES OF THE RECOLAR MEETING OF THE ATLANTIC BEACH CITY
COf1MISSION NELD AT CITY NALL ON MAY 9, 1988 AT 7:15 P. M.
PRESENT: W111 iam S. Novell, Mayor/PresidinK Uff icer
Aober[ B. Cook, Sr.
Glenn A. Edwards
William I. Culliford, Jr.
Alan C. Jensen, Commissioners
AND: Richard C. Fellows, Ci[y Manager
Claude L. Mullis, Ci[y Attorney
Adelaide A. Tucker, Cicy Clerk
The meeting vas called to order by Mayor Howell. The invocation offer
by Commissioner Cook was followed by [he pledge Co [he flag.
1. Approval of the Minutes of the Regular Meeting of April 25, 1968
?btion: Minutes of the regular meeting of April 25, 1988 be
approved as submitted.
No discussion before the voce. Motien carried unanimously.
* * * * * * * * * * * * * * * * ! * k * fi * * * * * * * * * * *
2. Recogn i[Son of Visitors
MCS.Ann Rodgers, 1167 Beach Blvd. said they had paint markers on both
sides of the right-of-way of Beach Ave. between 11th and 12th screets
She asked a city employee, in a city [ruck, who would 6e digging on t
right-of-way. He [old her on the east side were sever lines and the
vest side were eater lines. He was going to put in three taps for
George Bu11's condominiums and one cap for Gene Nordan. Hrs. Rodgers
asked for an explanation about George Bull's condominiums in single
family zoning. Mayor Howell and Mr. Fellows both responded "so would
I". The Mayor told her [he city vas putting in one tap for Gene Norda
only. The city employee vas called on [he phone and he explained [hat
he [old Mrs. Rodgers [he city vas asked fora quote on three taps, nc
to install [hem.
Mra. Edna Dickinson, Beach Ave. asked why markers would be on both si
of [he scree[ to cut one tap. Hr. Fellows explained eater lines were
one side and sever lines on the ocher side of the street.
3. Appearances:
A Clements/R mple/Coodvin/D'Avi with report on feasibility study of
new C1cy Hall a[ Dresent location
Mr. Rumple offered a site plan of a proposed 6,800 sq.fc. city hall a
the present location, with total parking for approximately 45 cars.
:ir. Rumple said they were pleased to report it would be feasible co
build on the same site, using approximately 7,000 sq.ft. total, but
[here would be "zero expansion room in the future." In response [o
- Coimsi ssioner Gul liford's question on cos[, Mr. Rumple said [he coat
of expansion on [he present site, and building the same square footap
on another site would be similar. The main concern on [he site next
bg OF
COMMNS.
M
O
T
I
O
N
S
E
C
O
N
D V
O
T
E
D
Y
E
S V
O
T
E '
D
N
O
Caok x
Edwards x x
Gulliford x
Jensen x x
Howell x
n
n
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d s
0
t
e
,~~.., -
CITY OF
~flaatie - ~re:ida
+~.~_- -
Hay 24, 1988
Hr. Mdrev R. May, P.E., Pzoj ec[ Manager
Gee and Jenson Engineers, Architects, Planners, Inc.
4651 Salisbury Road, Suite 360
Jacksonville, Plorida 32216-6187
Re: CHLORINE FACILITY IMPROVEMENTS
BUCCANEER WATER AND SEWER DISTRICT
Dear Mdy:
]ta OCEAM gU1J',VAaD
R O. Baia
ATWlPIIC 6EACH. -LMmA ~3Ra1
TELEPHONE 19x1 SMlMa
The City Co®iss ion at 3[a official meeting on Monday, Nay 23, 1988,
au[horSZed the preparatfon of plena and specifics[ ions For iaprovaen[
of Che aub]ect project. The cost for designing [he final plane, apeci-
flcations, and construction docuven[e shall be no more than 55,500.00.
Please coordinate your activities vf[h Don Pord, Mting Public Services
Directoz for the City of Atlantic Beach, snd keep Harry McNally,
Buccaneer Division Chief. informed.
Please contact me 1f you have any other questions.
('~ sly,
~.9--'t-
Afchard C. Pellova
City Manager
RCP37
cc: FSnsnee
Dan Ford
Purchasing
Harry McNally
CITI' OF ATLANTIC BFACH
Regular Meeting Hay 23, 1988
AGENDA
Call [o order
Invocation and pledge [o [he flag
1. Approval of [ire minutes oC [he regular meeting of May 9, 1988
2. Recognition of visitors
3. Appearances:
A. Andy May of Consulting Engineers, Cee b Jenson, [o discuss an
apparent need for possible engineering network analysis of the
Buccaneer water system
B. George Bull, seeking preliminary plat approval for a Planned
Un iC Development [o be Called Sevilla Gardens
4. Action by the City Comm issfon co accept for maintenance the vat er
and sever ut it Sties in Cvnress Cove, Un1[ V
5. Commissioner Robert Conk with a committee report and recommenda-
tions relative to an annual contract for landscape maintenance of
Ci[v facilities
6. Action by [he City Commission on recommendations for engineering
services in connection vi[li preparing of plans and spec if Stations
for a solid waste transfer station and evaluaC ion of possible
recycling facility
7. Actions on recommendations of the Community Development Board:
A. Receipt of recommendation on application for exception by
Donald Braddock for automobile repair shop in a CC district at
Mayporc Road and West Plaza, and setting a public hearing for
lone 13, 1988
B. Action on application for exception by Ra[hleen Bushnell for a
home occupation license Co alloy [he use of her home for
arranging trips for students and others by telephone ac ]40
12th Street and setting a public hearing for June 13, 1988
(Common i[y Development Board recommends approval of both
appl Station s)
8. Miscellaneous
9. Mayor [o call an Ci[y Commf ssfoners, CI[y A[[orney, City Clerk, and
City Manager for reports and/or requests
Adjournment
t,_..._
~-
}•
~.
~,-
With the ez[re room, we can offer short term classes, safety Inatruc[Sona, perhaps
some tutoring, and generally helpful information. If the rooms ve re large enough
ve could have dances, and ac[ivit tea relating to co®unicy services (small meet Snga
chat are presently held in the lobby wf Cicy Hall), much like those available at
a Comaaity Center (small scale for nor).
I mould LOVB to have a 20 acre (or so) area co puc nothing but Ball Fields in, and
make Jack Russell Park a Family Park by adding picnic facilities and ae I mentioned
earlier, as all year concession stand. These ideas would necessitate more help and
I'm sure we could find some good help provided we were willing to pay according to
ability. Mush of these plane depend on how serious ve (the Cicy) are abouc eapansion
in Recreation.
In priority order. I would say, [he new ideas would follow in [his order:
Building for indoor activities and shelter and more area fot Ball Fields Only-
(that acquisition would move the larger Concession stand co the Ball Park and use
a smaller one for Jack Russell Park, or eliminate it all together Sn Russell.
Ln my plane for 1988. (via a gran[), I wanted to move [he Basketball Court to the
East aide of [he Parking Lot. However, I feel if ve actually build a new Cicy Hall
adjacent [o the Public Safety Building - [he remaining grassy area will have [o
become en ez[eneion of [he present Parking Lot. In THAT case, Basketball Ccut[
could oleo go to the "BALL PARK" as would [he golfing chippers, end/or putters
et Jack Russell Park. The Basketball Court at Jack Russell would then convert to
another picnic facility, add shuffleboard, more picnic cables and park benches, etc.,
and of course, an indoor facility - maybe without the concession stand. We could
convert a Softball or the Little League field into an sarena" wich a band shell for
outdoor enter[al~en[.... (which would definitely justify fencing in the entire Park).
If the new City Hall does NOT go in on [he grassy area, ve could put the adult
activities such ae Shuffleboard and Basketball Courts there.....
47ould love co discuss all of this wich you, soon!!!
f
CITY OF
1~aatr't 6"tatli - ~louila
MAY 7. 1988
1160CEAN BOUIEYABD
P.O. BOZ>m
ATLANTIC BGCN, PIOmmA attaa
T0: Mr. Richard Fe llovs, Ci[y Manager
PROM: Rose Blanchard, Parka S Recreation Director
RE: Future "dreams" for Rusaell Park S Recreation Dept.
The following are some of the items intended for the Piacal Year
Budget 1988-89 or sooner:
1. Nev Basketball Cour[e (one each a[ Donner A Rusaell)
2. New Irrigiatlon System throughout Rusaell Park
3. Fence iv the whole park to perhaps cu[ down on vandalism and ^E:tra
curricular activities" presently caking place.
4. A Aiding Mowcr, of medium size to help cut the grass both at Rusaell
and particularly at Novell Park, faster and in same spots, better
5. Handball slabs
6. Small Minolta Copier for the Dept.
7. One last Tennis Court ri[h lights a[ Rua sell Park co assist in playing
tournaments and alloy entry into City Leagues.
8. TNO Buildings or ONE very Large one, to include:
a. One section that opens to reveal a large concession stand to
be operated all year to generate SSffSS
b. Res[rooms chat stay locked and key made available ONLY in the
office. These rould be in the same section as the Concession
Stand.
c. In the Second Section or building, a small office and 3-6
rooms to be used as indoor game rooms (table games), craft
or reading or study room, a room to watch movies in or ,just
to play out of the weather, and maybe, a small room to exercise
in (NOT to include heavy equipment, perhaps some mate or other
appropriate floor covering). Ne have NO shelter in the Parke
from storms, tornados, hurricanes, e[t.~
I have asked Little League to clear out of the present Concession
Stand, TOTALLY, after this season so ve may repair oz replete the present building.
I plan co use it as a shelter for the "Y" Camp this summer ae the Atlantic Beach
Elementary School will NOT be available this summer (there viii be no summer school
at A.B.Elementery) and the "Y" would have NC shelter from [he flea[ and storms of
su®er. If ve can'[ have the new buildings This year, then we will repair the old
Concession stand building. It desperately needs a new roof and new electrical work
and plumbing repairs.
Robert G. Alexander
attorney ~t Law
Robes G. Alexander
Mr. john McManus
2120 Beach Avenue
North AUantlc Beach, FL 32233
1020 Blackstone Bulkting
Jadtwnville. Fbdda 32202
May 3, 1988
90CJJSl"r772t
Re: Slander of Title of 2207 Beach
Avenue, Atlantic Beath, Mr. and Mrs.
Ilertrand W. Russell
Dear Mr. McManus:
Demand is made that you forthwith cease and desist all work, construction
and obstruction of the 40 foot right of way in front ot, adjacent and along your
property. This illegal "work' slanders the title of my clients, the Russells.
Additionally, i[ appears that this improper activity is a part of your long standing
harassment of the Russells which has become so overt that it is actionable in law.
We insist that aB of your enaoachmenu be dismanLed and the 40 feet be
reestablished immediately.
In the event your activities do rot max vrithin ore hour of the remipt of this
letter you will be sued. The oNy permissable activity is that of dismanLing what
you have already done.
A copy of this letter is being served on John Hines, Esquire, in the event he
continues to represent you. I woWd remind both of you of the language used in his
letter of March 23, 1987. In that letter the absurd proposition is put forth that the
Russells could not use the road for the purpose of installing utility facilities.
However, your "legal" position is predicated on the following:
...you have no legal right to use the road or any part
thereof......or any improvements..:'
Indeed, you do not have the right to build encroachments on the 40 foot right of
way, nor do you have the right to deed yourself 15 feet of it. All of this amounts
to intentional harm to my clients' ingress and egress, the enjoyment of their
property and very importantly, the intentional infliction of distress on the Russells,
and the slander of their title.
Yo trWY, ~'' .!
W ~ ~~~
. ALEXANDER
RGA/mrp
cc: JoM Hines, Esquire
121 W. Forsyth St.
10th Floor
Jacksonville, FL 32202
c
NOTICE OF PUBLIC HEARINGS
CITY OF ATLANTIC BEACN
Notice is hereby given the City Commission of Atlantic Beach,
Florida will hold PUBLIC HEARINGS on May 9, 198E at 7:15 PM
at City Hall, 716 Ocean Blvd. for the purpose of hearing and
considering the views of the public concerning the following:
ORDINANCE NO. 50-EB-9, AN ORDINANCE AMENDING THE ORDINANCE
CODE OF THE CITY OF ATLANTIC BEACN, FLORIDA, TO PROVIDE A
POLICY ON THE USE OF DRUGS AND ALCOHOL; PROVIDING DRUGS TO B6
TESTED FOR; PROVIDING JOB APPLICANT TESTING STANDARDS;
PROVIDING CURRENT EMPLOYEE TESTING STANDARDS; PROVIDING FOR
WRITTEN NOTICE; PROVIDING FOR CONSENT; PROVIDING FOR
HEARINGS; PROVIDING FOR CONFIDENTIALITY; PROVIDING FOR LAB
TESTING REQUIREMENTS; PROVIDING AN EFFECTIVE DATE.
All persons interested are notified to be present at said
time and place and they shall be heard. If a person decides
to appeal any decision at any meeting or hearing, he will
need a record of the proceedings, and for such purpose he may
need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon
which appeal is to be based.
Published:
Beaches Leader 4/20/88 - Purchase Order p3512
Posted:
City Hall
Post Office
s-
NOTICE OF PUBLIC HEARINGS
CITY OF ATLANTIC BEACH
Notice is hereby given the Cicy Commission of Atlantic Beach, Florida
will hold A PUBLIC NEARING on May 9, 1988 a[ 7:I5 p.m. at City Hall, 716
Ocean Blvd. for [he purpose of hearing and considering the views of the
public concerning the following request for Use by Exception:
Application for a use by exception by 8enne[t Construction
Company for the sale of beer and vine at a new ree [saran[
located at 100 West First S[.
All persons interested are notified [o be present a[ said time and place
and they shall be heard. If a person decides to appeal any decision made
by the City Commission with respect to any matter considered at any
meeting or hearing, he will need a record of [he proceedings, and for
such purpose he may need co ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which appeal is to be based.
Published:
Beaches Leader 4/27/88 - Purchase Order 13512
Posced:
City Nall
Post Office
.~>
i
y.
~'
~'
ZONING AND SUBDIVISION REGULATIONS 4 24-170
eigm; and relation to all safeguards for ell proparty surrounding the street. If it is proposed
tMt development will progress in stages, the plan shall include the stages and timing of
development.
(d) Generol ronditiona which may be ounehrd in reviewing the proposed site plan, the
administrative o~ciel may rondition approval on specified changes in the proposal. Where
ronditiona are attached. approval will he withheld except upon written agreement by the
applicant to conform to each conditions. In particular, where the Bite plan indicates potential
adverse effects on neighboring property, the administrative oRicia! may require rearrange-
ment of the plan, increased yard width, fences, hedges or walls.
(e) Wal{a When a lot in any nonresidential district abate another lot, either to a aide or [o
the rear, in a residential district, there shall be a louvered or solid masonry well, or wood
fence or shrubbery u approved by the administrative aRcial, a minimum of f ve (51 feet in
height, built and maintained along the line of abutment, constructed in such a manner that
there is no visibility through the wall on a horizontal plane. The wall shall run the entire
length of the line of abutment; except that a wall running along a side line shall be con-
structed three 13) feel in height from the setback point of the abutting residential district to
the street or end of the line oC abutment. The wall shell be constructed on the nonresidential
property, and the height of the wall shall be measured from the final ground level of the
nonresidential properly, whether tilled or not.
(p Lof requiremrnta The lot area, width and depth shall be sufficient to permit the
construction of the principal and eceesaory buildings and paved perking areas in fl design the[
dcee not interfere with the use of adjacent properties and which encourages safe and efficient
vehicular ingress end egress to the adjacent street system while complying with the maxi
mum lot coverage end perking requirements.
IOrd. No. 90-8274, 4 2(Ifl, H, 15), 726-82)
~/ Sec, 24-188. Temporary comtrnctton offices.
Notwithstanding any other provisions of thin chapter, a mobile home may be used ae a
temporary field office outside of a mobile home park after obtaining a permit Cor a period of
time not to ezceed six (61 months, et which time the permit may he renewed. A mobile home
may be plsced on Dublic property within the city for the purpose of protecting such property,
when spproved by the city rommiesion during a regular meeting, and providing that ell other
eetlions of this chapter are met when eppltceble to the location.
(Ord. No. 9082-74, 4 2(III, N, 16), 7-26-821
Sec. 241M. Tree removal or damage.
The reword or damage of a three (31 shall be governed by article II of chapter 23.
Elsa ~.. ±r ~ . 3 o.rr s ~'r '.2ir>
att,A liftllay sQYavtez
or uw required for public utilities each m gee, water, electric, xwage or
1463
Optional Partitions...
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• T.m !0' Dwb4 Desks w~two iwo drawn meal
fik pedesraR exh desk, one exh ell d um.
TWO ceocd drawers exh desk -
• Cmtrd Heatvg and ar Cordiiawg.
• Eight <' Fluoreuem Lghis.
• HandKap Bach.
• PWr Rxk.
. Drahfq Boas. %- . ]r wadable siaage -.
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• Chas'a~ Heald DvtY 1 &am Seeel Frame,
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'~ ~ FL~i. ~d-(Of1~ ~1.$~i~JC'~ f .C Co, m.,on-F'ancuu F';,,oo.r;.l flmn.+
100 lF VY ROAD V.O BOX SOB - ~ "~ ALLAMB: BEACH, FLORIDA ]72]] PHONE (901171bAB86
w•PFrfMHS ~etwl~C Hntnl V.YflNm. n~. '
NOIIE..W.. BCl4r.Y10.\• '.
April 26, 1988 --- " --" - - -- "
n
r ,.~, ,
. ~ .,. , _ _a ~ ~ ,
Mr. Dick Fellows
City Manager
City of Atlantic Beach
716 Ocean Boulevard
Atlantic Beach, FL 32277
Reference: Temporary Office Space
400 Levy Road
Dear Mr. Fellows:
Ne are requesting permission to add temporary office space
a[ 400 Levy Road to Che rear behind our present office. In
this location it will not be visible from Levy Road or
Hibiscus Street.
The unit meets FlorSda Scare codes and will be tied down
in [he conventional manner. while [he unLt has sanitary
facilities, these will not be hooked up, and [he personnel
will continue Co use permanent facilities now in place.
Thank you for your early consideration and approval.
Since y,
R. w FO4/ iG~.
R. N. FO{lLER AND ASSOCIATES, INC.
RWF:pvb
Enclosure: Typical Unit we Desire to Use.
~r
CITY OF
J'~llarttie b"ea~ - ~losida
April 22, 1988
MEMORANDUM
To: City Manager
From: Direc [or of Public Services
i160CEAN BOULEVAED
P. O. BOX TX
ATLANTIC BEACX. rWaB/A asssv
TELEPHONEI~1 R~arB6
Subj: Replacement Pick-up Truck for San1[a[ion'Pick-up Dumper
On :k+nday 4/18/88, [he transmission For Sanitation Pick-up (Dumper) Vehicle
8 P-12 failed and the unit is no longer operational. (See Item 4 78 of the
1/5/88 City Vehicle Lis [).This 1980 Chevrolet pick-up also had been requiring
valve and "head" grinding work and has experienced differential problems.
The estimated repair cost to place it back in service is in excess of $725.00
plus City Mechanic labor. I do not feel the vehicle is worth [ha[ much cost
[o place i[ in operation again.
To assure that the city's Sanitation service is no[ jeopardized, Vehicle $ P-1,
a 1983 Dodge pick-up has been fitced with the Dumper body formerly on P-12.
This has reduced the Public Works vehicle availability to tvo work units end
the Division Chief's trouble [ruck ( Nev Dodge Dakota ).
Asa permanent remedy, I offer the following. The Sanitation Capital Budget
provided $80,000 for a nev Cab and Packer body The Delivered price of the
unit as bid by Jacksonville will be S 70,390, leaving $9,810 as excess. The
1987/88 State Bid Contract for pick-ups lists a Dodge D-150 Pick-up with a
six cylinder engine and automatic transmission at $7,500, del ivezed. Thac
contract expires on April 30, 1988 so a dec is SOn must be made immediately
iE the city is to take advantage of it.
I recommend [ha[ [he Puchase Agent be authorized [o issue a purchase order
in the amount of $7,500 to Peacock lb tors, Tampa, F1. for one Pick-up. Delivery
will take 90 days.
U'F" ~f
cc: '~~
Don Ford
Public Works Div. Chief.
Respectfully,
/{/~ v
R.A. Braid //~~r
C: n '. ,
~.
4
PAGE EICHT
MINUTES
APRIL 25, 1988
There being ao ocher business [o come before the Commission, the Mayor
declared [he meeting adjourned at 8:59 p. m.
William S. Novell
Hayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
NAME OF
COMMi1S.
M
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F::._ ..
PACE SEVEN
MINUTES
APRIL 25, 1988
Miscellaneous - continued
Mayor Novell announred the city had obtained an injunction to close do
one of the establishments on Nayport Road chat had created many proble
for the city. The owner had done everything he could to clean up the
building, and had recently leased it to a new tenant who will he openi
a lawn service comany in the near future.
The Mayor mentioned he had been in negotiations with [he owners of the
Oak Narbor utility system, Atlantic Utili cf es out of !(farm. I[ appears
it might be viable for the city to take a look at the purchase of the
distribution system, and collection system, not [heir plan[. We could
tie it into the Buccaneer system and pick up 400 customers. This voulc
provide a big service to the people in that area, because most of thee
were paying about $80 to $90 per mon ch for eater and sewer only. Undee
[he Buccaneer rate system, Chey would be paying approximately $45. mo.
Following discussion, [he following motion vas moved:
lotion: Authorize a Committee comprised of Mayor Novell, [he City
Attorney, City Tlanager, and Comruissioner Edwards to meet
with [he officials of Atlantic Utilities on the Oak Narbor
acuity system.
No discussion before the vote. Ho [ion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Nr. Mullis commended Chie£ Thompson and [he other members of the Polio
Department of Atlantic Beach, and in particular the Narcotics Divisfo~
for the professional manner in which Chey did [he investigative work ,
the Big L establishment.Ne assured Chief Thompson it impressed the .Tu,
in [hat particular case, for the professional manner in which they vei
about St, and reflected great credit on the Ci[y of Atlantic Beach. M~
Nullls said he vas proud to have them for witnesses.
* * * * * * * * * # } * } * } } * * * x } * * * * * z * } }
Mr. Mullis recommended the institution of legal action against the
contractor, engineers, and others to recover for defects in the epoxy
contents and its application, or [he design [hereof, on the faulty wo~.
in the sever construction project on [he six (b) vet yells which has
been pending for quite sometime. Mr. Mullis expressed [he opinion ve
probably would end up going to court to recover anything, but assured
[he Commission he had found nothing to indicate it vas the city's fau
Byer Industries were [he contractors, and Robert Bates 6 Associates v
the Engineers. Mr. Mullis suggested the Commission authorize Smith S
Gillespie to pin point the blame. Their report reflected an estimated
cost to correct the defects of approximately $50,000 to $L0,000.
A lengthy discussion followed.
lotion: Authorize the Cicy Attorney to institute legal action
co recover for defects in [he epoxy contents and its
application, or the design thereof, on the faulty work
in the sever construction project on [he six vet yells.
No discussion before the vote. tb[Son carried unanimously.
} } } t } * * * # # # k * * * * k k * * * * k } * * * * * } * 1
NAME OF
COMMMS.
M
S V
Y Y
N
s
g
i
Cook
x
x
Edwards x
Gull iford x x
Jensen x
Ilnw,~l l x ~
,
,
1 e
,
r
L .
z e
Cook r. x
Edwards x x
Gullfford x
Jensen x
Nowell z
PACE SIX
MINUTES
APRIL 25, 1988
Action on Ordinances - continued
F. Ordinance No. 58-88-11
AN ORDINANCE GRANTING TO CARL STUCKI CREDIT IN THE CITY'S RETIREMENT
SYSTEM DURING THE PERIOD OF TIME BETWEEN AUGUST 8, 1982 AND APRIL 1,
1988; PROVIDING METHOD OF DETERMINING BENEFITS AND PROVIDING AN
EFFECTIVE DATE.
Mayor Novell said the Ordinance vas to correct the intent of an agree-
ment made Sn 1982. He asked the Commission to waive the rules and pass
[he Ordinance on emergency.
Motion: Passage of Ordinance No. 58-88-11 on emergency.
No discussion before the vote. Notion carried unanimously with a roll
call vote of five ayes.
Miscellaneous
Nr. Vincent Akra, 4430 Landover Drive, Jacksonville. He was the owner
of property containing a strip shopping center northeast of Plaza on
Maypor[ Road. Re vas concerned relative to act Iona taken on a request
by Fred Levis for a Use by Exception for an auto service Goodyear [ire
store. Mayor Novell told him the request vas merely accepted in order
se[ a Public Hearing for citizen input. Mr. Akra stated he had checked
with Goodyear and [hey had no application for a franchise a[ this time
Hr. Akra complained of garbage and beer cans in the 20' easement in ba
of his stores that were thrown there by the occupants of M S L. Mayor
Howell suggested he attend the meeting of June 13, 1988 for the Public
Hearing.
Hr. Fellows reported [hat sometime ago he sent to Mary Nogas,Jacksonvi
some information relative to the city's proposed acquisition of land f
solid waste transfer station in our plan to prepare ourselves Eor the
closing of Girvin Road landfill. Hrs. Nogas called and informed him th
the Ci[y of Jacksonville, as far as transfer stations were concerned,
were no[ going to do anything for several years, and if [hey did, it
would be down toward the Mandarin area. She also said the one our city
planned would not be available or useful for the City of Jacksonville,
but could be useful for Neptune and Jacksonville Beaches. Mrs. Nogas
warned Mz. Fellows that the Girvin Road landfill would be closed on
December 1, 1988. Our city has acquired about four acres for [he possi
bili[y of constructing a solid waste transfer center. Hr. Pellovs sug-
gested the city go out under the Competitive Negotiation Ac[ and acqui
engineering services to do some site studies.
Motion: Authorize the Cicy Manager [o initiate inquiry under the
Competitive Negotiation Ac[ to seek an Engineer. The
Professional Services Comn1[[ee will nego[Sa[e.
No discussion before the vote. Tb tion carried unanimously.
* * * * * * * * * * k * * * * * * * k * * * * k * * * * * * * * *
NAME OF
COMMFiS.
M
8 V
Y V
N
Cook x x
Edwards x
Culliford x x
Jensen x
Novell x
0
k
le
r
t
e
Cook x
Edwards x x
Cu111ford x x
Jensen x
Howell x
PAGE FIVE
MIRUTES
APRIL 25, 1988
Action on Ordinances - continued - A95-88-33
Julia Hyatt, 6th St. asked what citation would be issued for people
who didn't clean up after their pets. Ms. Lester told her she had to
witness the incident before issuing a citation. She would issue a
warning first until new signs are erected. The charge would be $25.00
for ls[ offense and $S.CO court cos[; $40.00 far 2nd offense and
$5.00 court cos[, and $75.00 for third offense and $5.00 court cos[.
Gene Nordan, 1160 Beach Avenue, suggested pet owners who were willing
[o abide by the law, be allowed [o cite violators of the Ordinance.
The CL[y Attorney said if the individual saw [he violation occur, and
knew the person, a complaint could be filed with [he Mimal Control
Officer. Discussion followed.
As no one else spoke for or against the Ordinance, the Nayor closed th
Public Hearing. A lengthy discussion followed on replacing the city's
annual registration of dogs with permanent licenses. Following discus-
sion, [he Commission unanimously agreed [o change Sec [ion 4-22 (c)
lines 2, 3, and 5 [he words should to shall.
The Commission instructed [he Mimal Control Officer to have new signs
posted at the beach accesses, and issue citations, not earnings, even
for a first offense, for any dog caught on the beach wLthout an A[lant
Beach registration tag. Dog owners must also have a rabies tag or be
able to prove their rabies inoculations are current.
Mayor Howell pointed out Che Ordinance did no[ differentiate 6e[veen [
beach and anywhere in the city, so if a visitor cam' from Jacksonville
with proper Gags issued by Jacksonville, the Mimal Control Officer
would have to give them a citation if they had not purchase an Aclanti
Beach tag. He felt that should be changed. Hr. Mullis asked if dogs on
the beach would be more dangerous to healch and safely than [he dogs o
the streets. Co,mnissioner Gulliford said yes, as many people walk bare
foot on the beach, but not on the street. Hayor Novell said the signs
would have to be posted to say if a dog goes on the beach, he must haw
an Atlantic Beach tag. Hr.,Hullis commented [he last sentence under
Section 4-26 (c) was "This provision shall also apply to dog owners
whose dogs defecate on people's lawns, on the street ends to the beast
in the public parks, and public right-of-ways." Pollowing discussion,
it vas the consensus of the Commission that anyone who takes an animal
on the beach must have an Atlantic Beach tag.
Mr. Hollis said the Ord lnance could be enforced, even if a visitor's <
had a valid tag issued by the city where he lived, or vas from a com-
munity that did no[ require regis[rat ion.
Motion: Passage of Ordinance No. 95-88-73 on second and final
reading by amending Section 4-22 (c) [o provide [hat where-
ever tl,e word "should" appears, it will be changed [o "shall".
No discussion before [he vote. Tb tion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * k * * *
NAME OF
COMMAS.
M
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c
e
B
Cook x
Edwards x
Gulliford r, x
Jensen x x
Novell z
PAGE FOUR
MINUTES
APRIL 25, 1988
Ac [ion on Ordinances - continued
E. Ordinance No. 95-88-33 - Public Hearing and Final Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH
FLORIDA; AMENDING CHAPTER 4, ARTICLE I, SECTION 4-6 TO PROVIDE FOR
ABATEMENT OF NUISANCES IN CONNECTION WITH ANIMAL COI7PLAINTS; MINDING
CHAPTER 4, ARTICLE I, SECTION 4-7, SUBPARAGRAPH (a) TO ADD A PROVISION
AGAINST THE KEEPING OF GOATS IN THE CITY LINITS; REPEALING AND RE-WRIT
ING ARTICLE II, SECTION 4-22, SUBPARAGRAPH (a) AND (b) TO PROVIDE FOR
PERMANENT REGISTRATION; TO PROVIDE FOR AGES AT WHICH CATS AND DOGS MUS
BE INOCULATED; PROVIDING FEES FOR REGISTRATION; AMENDING SECTION 4-23
TO CLARIFY THE PENALTIES FOR UNREGISTERED DOGS OR CATS WHICH NAVE BEEN
PICKED UP BY THE ANIMAL CONTROL OFFICER; AMENDING SECTION 4-25 TO CZAR
THE LENGTH OF LEASHES AND THE MATTER OF CONTROL OF A DOG SWIlC1ING IN T
ATLANTIC OCEAN; AMENDING SECTION 4-26 TO PROVIDE POR THE MANNER OF RE-
MOVING DOG AND CAT FECES; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 95-88-33 on
second and Einal reading. Said Ordinance vas posted in line with Chart
requLrements. The Hayor opened tt,e floor for a Public Hearing and invi
comments from the audience.
Animal Control Officer, R. J. Lester explained to [he audience why she
haJ asked for the anicndmcu[s. Une lm~dly was kcepL,g u gout L, the clt
limits. Another problem [hat had [o be cleared up was [hat a dog canno
be vaccinated against rabies until it is four months of age, according
Lo [he local veterinarian.
Hs. Lester recommended the Ordinance be changed [o increase the maximu
length of the leash from eight (8) [o twelve (12) feet in order to ac-
commodate the elderly cic izens who walk their dogs on [he beach.She al
recommended the Ordinance should permit people who like to swim in the
ocean with their pets [o remove the leash while in the va[eq providin
they immediately re-leash [he dog when coming ouc of the eater. Ns.
Lester reco®ended the dog owners be required to carry something with
[hem to clean up, such as a plastic bag, or a small shovel or trowel
[o clean up, to comply with the Ordinance. Do not bury [he vasce.
Hs. Lester recommended [he city regiscer dogs on a permanent basis, no
transferable, for the life of the dog, as long as the rabies tags were
up [o date. Tags would be $5.00 Eor spayed or neutered pets, and $15.0
for others. Pe[ owners could get a $10.00 rebate whenever they provide
proof that a registered pet had subsequently been spayed or neutered.
Mrs. Ruth Clegg, 905 Sailfish Drive asked why they had removed,from Ch
Ordinance, [he number of dogs alloyed a[ one residence. Ms. Lester ex-
plained the city could control that problem under [he nuisance section
of [he Ordinance.
Hrs. Kathleen Russell, 2117 Beach Avenue, asked what harm would i[ be
[o allow dogs to run unleashed on Che beach with their owners before
7:00 a. m. Mayor Howell told her the city had tried [hat in vain.
NAME OF
COMMRS.
M
S V
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N
FY
E
r
ed
0
PACE THREE
MINUTES
APRTL 25, 1988
Action on Ordinances - continued - 890-88-129
Mayor Howell presen [ed in full, En wri[Lng said Ordinance on first
reading.
Ho[ion: Passage of Ordinance No. 90-88-129 on firs[ reading.
No discussion before the vote. Motion carried unanimously. Mayor
Novell set the Public Nearing for June 13, 1988.
* * * * * * * * # * # t * * * * * * * * * * # * t * * * t # *
B. Ordinance No. 90-88-130 - First Reading
AN ORDINANCE ANEN{1INC THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH
FLORIDA; AMENDING CHAPTER 24, THE COlffREHENSIVE 20NTNG ORDINANCE AND L
OEVEIAPMENT CODE BY AMENDING THE OFFICIAL ZONING l1AP TO REZONE LAND OW
BY STEPHEN II. AND MARIE J. HABRY, AND DESCRIBED AS SHOkR{ ON E%F{I BIT "A
ATTACHED HERETO FROM RESIDENTIAL GENERAL (RG-2) TO INDUSTRIAL LIGHT AN
WAREHOUSING (ILW), AND PR0VIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing said Ordinance on first
rwJ ing.
Motion: Passage of Ordinance No. 90-88-130 on firs[ reading.
No discussion before [he vote. Motion carried unanimously. Mayor
Howell set the Public Heating for June 13, 1988.
* * * * * * # # # * * * * # # # # * # # * fi * k * * # # # # # #
C. Ordinance No. 90-88-131 - Firs[ Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OP THE CITY OF ATLANTIC BEACH
FLORIDA; AID;NDING CHAPTER 24, THE COliPREHENSIVE ZONING ORDINANCE AND I
DEVELOPMENT CODE BY AMENDING THE OPFICIAL ZONING HAP TO REZONE WND OW
BY FRED LEWIS, INC., AND DESCRIBED AS PART OF TRACT "A" ROYAL PALMS UN
ONE AS SHOWN ON EXHIBIT "A" ATTACHED HERETO FROM COLMERCIAL LIMITED (C
TO CONlffRCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE.
Mayor Novell presented in full, in writing said Ordinance on firs[
reading.
lotion: Passage of Ordinance No. 90-88-131 on firs[ reading.
No discussion before the vote. Notion carried unanimously. Mayor
Howell set the Public Hearing for June l3, I988.
* * * * * * * * * * * * # * k # * # * * * * * # # * * t t
D. Ordinance No. 50-88-9 - Public Hearing and Final Reading
Mayor Novell announced the Ordinance vas not properly advertised. Ne x
set the Public Nearing for May 9, 1988.
NAME OF
COMMAS.
M
5 V
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N
Cook x x
Edvards x x
Gulliford x
Jensen x
Novell x
ED
Cook x x
Edvards x x
Gulliford x
Jensen x
{{ovell x
ND
ED
T
Cook x x
Edvards x x
Gulliford x
Jensen x
Novell x
PAGE TWO
MINUTES
APRIL 25, 1988
4. Action on Exceptions:
A. Ac [ion by [he CI[y Commission on an application for exception by
Bennet[ Construction Company for [he sale of beer and vine a[ 100 W. I
Hayor Novell acknowledged receipt of [he application for exception by
Hr. Bennet[ for [he sale of beer and vine a[ his new bar-b-que res[aur
at 100 Wes[ 1st St. He set a Public Hearing for May 9, 1988.
Mayor Novell acknowledged receipt of the application for Use by Except
lon by Mr. Lewis for an auto service Goodyear tare store in [he M6L
shopping center on MayporC goad. Ne set a Public Hearing for June 13,
1988.
Mayor Howell acknowledged receipt of an application by At lan[ic Beach
Mini-Storage, Inc. for additional mini-warehouses in a CG zoning dist[
in the rear of 1073 Atlantic Blvd. The Mayor sec a Public Hearing for
June 13, 1988.
5. Action on Resolutions:
A. Resolution No. 88-6
Mayor Nowell presented in full, in writing Resolution No. 88-b, a
Resolution amending Resolution No. 88-3 for [he purpose of applying fc
Federal or State Assistance for [he acquisition of property for beach
access. The Mayor said the city may get 75X of the approxlma[e $38,60(
price on the condemnation of the 20th St. access.
Motion: Passage of Resolution No. 88-6.
No discussion before [he vote. Notion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 90-88-129 - Firs[ Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEAC1
FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE 'LOVING ORDINANCE AND
LAND DEYELOP!lENT CODE BY AiENDING THE OFFICIAL ZONING MAP TO REZONE L
OWNED BY ATLANTIC BEACH MINI STORAGE, INC., AND DESCRIBED AS SHOWY ON
EXHIBIT "A" ATTACHED NERECO FROM RESIDENTIAL GENERAL (RG-2) TO COMMERI
GENERAL (CG); PROVIDING AN EFFECCIVE DATE.
NAME OF
COMMAS.
M
S V
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N
nt
ct
c[
I
Cook
x
x
Edwards x
Gulliford x x
Jensen x
Howell x
1
D
AL
MINllTES OF THE RECLTAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON APRIL 25, 1988 AT 7:15 P.M.
PRESENT: l:i lliam S. Nowell, Mayor/Presiding Officer
Robert B. Cook, Sr.
Glenn A. Edwards
Nilliam I. Culliford, Jr.
Alan C. Jensen, Coawissioners
AND: Richard C. Fellows, City Manager
Claude L. Mullis, City Arrorney
Adelaide R. Tucker, City Clerk
The meeting was called to order by Mayor Howell. The invocation ,offer
by Commissioner Cook vas followed by [he pledge to [he flag.
L Approval of the Minutes of the Regular Tteeting of April 11, 1988
Tbtion: Minutes of the regular meeting of April I1, 1988 be
approved as submitted.
No discussion before [he vote. Motion carried unanimously.
# * * * * * * * # # t * * * * * * * * * * * * * * * * * * * t
2. Recognition of visitors - None
on
On April 20th, four bids were received for [he project of retons[ruc[i
nine manholes on Selva Tlarina Drive, Seminole Rd., and llth S[., and
reconstruction or replacement of two manholes, one a[ 17th and one at
19th St. Tir. Jacques of Smith and Gillespie reported [heir firm had
verified and evaluated the four bids, and they recommended [he proj eci
be awarded to the low bidder for the modified total base bid, (they
recommended, based on the low bid, [he two manholes on 17th and 19th
Sta. be replaced). The low bidder vas J. C. Kimbarly Co. of Amelia
Island, F1., in the amount of $57,219. They also recommmended proper
performance and payment bond. As previously directed under [heir
project 8 8505-06-03, Smith 6 Gillespie will provide an on site
resident observer for [he construction period.
Smith S Gillespfe's estimate vas approximately $81,000. The four bids
received ranged from $52,219 to $108,000. eid tabulation is attached
hereto and made a part [hereof. Mr. Fellows added [ha[ money vas budg
ed for the manholes.
Motion: Award [he contract for the reconstruction or replacement o
eleven manholes [o [he low bidder, J. C. Kimberly of Ameli
Island, F1. Sn the amount of $52,219.00 as recommended by
Smith S Gilleapie, Engineers for the project.
During discussion before the vote, Mr. Jacques advised the performanc
bond will be delivered as soon as [he letter of award vas received. T
question vas called and [he motion carried unanimously.
* * * * * * * * * * * k * * # * # * * * * * * * * * * * * *
ME OF
COMMRS.
M
O
T
1
O
N
S
E
C
O
N
D V
O
T
E
D
Y
E
S V
O
T
E
D
N
O
Cook x
Edwards x x
Gullif., r.l x
Jensen x x
Howell x
i
g
F Cook x
a Edwards x x
Gulliford x x
Jensen x
Novell x
i
owners In Section H a card notifying [hem of [he public hearing, and
also notify ing Chem of the amount of [heir assessments.
o In regards to the adoption of [he "old goat" Ordinance, please be
advised, the signs notifying people of [he new requ iremenis to have
Atlantic Beach tags before taking [heir dogs on the beach are being
prepared and should 6e ready Eor installation within [he next week or
two. CS[y Animal Control Officer Bee Jav Lester, is working with the
sign company to see [haC the signs are properly designed.
o One Ordinance will be up for public hearing on Monday night and
Chat is [he Ordinance dealing with drug testing. We have previously
sent you copies of Ch is Ordinance and therefore, are no[ Sncluding
another copy of it unless you so request.
o With the special assessment program in Section H coming rapidly [o
[he point where we will be Sn a position to acquire bond money and go
out for bids, is would be appropriate to authorize Bessent, Nammack and
Ruckman co proceed with [he final design and preparation of the speci-
flca[fon so that we will be in a position to go out for bids.
o Havor Novell and I attended the firs[ several sessions on solid
waste recovery and landfill problems held ac the I-95 Harrio[t Friday,
Hay 6, 1988. Public Services Director Don Ford covered the remainder of
[he sessions vh ich had to do with recycling and the new solid waste
proposals being developed by the Legislature. Some eacellent
informs[ ion vas obtained and ve continue to move as quickly as possible
[o a comprehensive plan for solid waste transfer stations and recycling.
IC is anticipated Che Professional Services Evaluation Committee will be
in a position [o recommend engineering firms for this important work at
[he Commission meeting of Hay 23, 1988.
o Absent any objections from the Ci[y Commission, [he City Hanager
would like to attend [he Annual Conference of [he Plorida City County
Managers' Association [o be held at Bal Harbor near Miami Hay I1 - 14,
1988. Wich the agreement of the C1[y Commission, I would also like [o
cake some vacation cime 6eginn ing approaimately Hay 27 through June 4 to
visit my son and his family in Rochester, N.Y. Please contact me if
anyone has a problem with this.
€-
~. _..
,
right-of-way, but the people who own the apartments feel they have
private use of this parking area.
o Ne are enclosing a copy of a letter Erom R.W. Fouler and Associates
requesting permission to add a temporary office space to the rear of
Cher[ property a[ 4C0 Levy Road. This appears to be a mobile home and
consequently, ve have included for you a copy of tl~e zoning and subdivi-
sion regulations covering temporary construction offices and you viii
wan[ [o familiarize yourself with this so [ha[ you will be prepared to
answer Mr. Fouler when he makes his request.
o Jus[ a reminder [hat I had spoken with each member of [he Ci[y
Commisaion on the need for replacing a pick-up truck dumps[er unit Sn
the Sanitation Division which had failed. The failed unit vas a 1977
unit and we were able to pick up a new unit on sea ce contract at
$7,500.00. This vas more than compensated for by [he $10,000.00 we
saved on [he new cab and packer for the Sanitation Division which vas
obtained through [he joint bid with tl~e City of Jacksonville. Ne will
6e asking the City Commission [o ratify the expend icure of the $7,500.00
on the state contract.
o Rose Blanchard has submitted a wish list for long term development
of our parks and recreation areas. I am including it so [hat you may
have some idea of the direction Sn which our recreation program is
[ending.
o A meeting was held at 1:30 PM on Thursday, Nay 5, 1986, Sn the City
Hall Commission Heeling Room with the principals of Atlantic Utilities.
There vas a pretty good Sn-depth discussion of [he pcos and cons rela-
cive [o acquiring the eater distribution and sewage collection system in
the Oak Harbor subdivision, and [he possibility of providing a eater
interconnect during the interim. Negociations are concinu ing and a
second, and what ve hope will be final, meeting will be held on June I5,
1988, at 1:30 PH to receive the report of the engineers relative [o
televising of the lines in Oak Harbor and an analysis of the pressure
capebilit ies of the system. Fe will keep you advised. If you have any
questions, please contact me.
o There viii be a publ lc hearing on an appl scat ton for exception by
Bennett Construction Company for the sale of beer and vine at a new
restaurant at 100 Hes[ Pirs[ Street. The Community Development Board
has recommended approval of the exception.
o There will be several Resolutions introduced for adoption a[ the
meeting on Honday night having [o do with the Se<t ion N program. One
Resolution viii amend the former Resolution adopted by [he CSq• earlier
this year zelat ive co adopting the assessment plats, plans, specifi<a-
[Sons, and estimated costs of [he prof act. In addition, ve will have
another Resolution which will set a public hearing co adjust and equal-
ize [he special assessments and the public hearing Es scheduled now for
Monday, June 20, 1988, at 7:15 PM. The Resolution and the day of the
public hearing will be advertised Cw1ce in the newspaper and in
addlt ion to this, the Lity is required m mail to each of the property
.,
jt CITY OF
~ 1i<tla+rtlc Geack - ~loudc!
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May 6, 1988
LIB OCEAN BOULEVARD
P. O. BO%26
ATLANTIC BEACN. FLORIDA 9T131
TELEPHONE ImM12~92t%
To: The Honorable Mayor and C3[y Commissioners
. From: Richard C. Fellows, City Manager
Sub]ecL• STATUS REPORT
o Please find enclosed minutes of the last regular meeting of April
23, 1988, along with any material from your mailbox which you have not
already picked up, and any miscellaneous items which we think you wind
find interesting.
o The Mayor has approved a meeting on collective bargaining which
will be held immediately following the meeting on Monday night. I don't
expect ve will be more Chan about fifteen minutes, but you will want to
make allowances Ln your tiae fnr the meeting.
o Ne have had a request from several senior citizens as to whether or
not [he City Commission wind consider amending [he "old goat" Ordinance
to provide a waiver or reduction of fees on license tags of pets for
senior citizens. If you have any questions or thoughts about this
matter, please le[ me know.
o We have been receiving very good service from green Prog on the
main[emnce of our landscaping at the various City locations but we feel
it wind be in order to determine whether or not the City is getting the
best price, and consequently, we have asked for bids on annual lawn
maintenance of ouz landscaped areas, which will be received and prepared
for the Ci[y Commission at their meeting of Hay 23, 1988.
o Councilman Jarboe had a meeting at the Atlantic Beach C![y Hall
last week to discuss the possible use of prisoners from the city prison.
Gfiile [he use of this prison labor is free, [he City wind be obligated
to send a bus or truck to the down[ow area to pick these people up
every morning and return them every night. A[ this point I don't see
how we tan panic tpate. If anv of you have any suggestions or Chough[s,
please let me know.
o Theze !s a good possibility there will be a person ac the meeting
on Monday night to discuss the parking problems in the vicinity of Che
condominiums at the extreme east end of Ten [h Scree[. City Clerk Tucker
has researched the minutes and found chat the area is an ea ist ing public
RESOLUTION N0. 88-6
A RESOLUTION AMENDING RESOLUTION N0. 88-3 POR THE
PURPOSE OF APPLYING FOR FEDERAL OR STATE ASSISTANCE
{JNEREAS, [lie Florida Department of Natural Resources is implement-
ing a beach access initiative, and
NHEREAS, the purpose of the initiative is to provide public access
to stretches of recreational beach, and
HHEREAS, state funds are available co assist in the acquiaic ion of
these accesses, and
NHEREAS, [he City of A[lan[ir. Beach wishes co acquire a five-foot
beach access a[ Twentieth Street fn Atlantic Beach.
NOM, THEREPORE, BE IT RESOLVED BY THE CITY COMMISSION OP THE CITY
OF ATLANTIC BEACH, FLORIDA
Section 1. The City Manager be, and he hereby is, authorized to
contact the Department of Natural Resources for the purposes of filing
an application for financial assistance under the Department's Beach
Access Initiative Program.
Section 2. Tne purchase price of the property is $38,600.00 and the
City Commiss ion pledges $9,650.00, its 25X share of [he purchase price
of said beach access, and further co®its itself to provide the
necessary surveys, title searches and appraisal s.
Section 3. the Cicy Commission pledges to provide the necessary
funds for site development and to include in their annual budget the
appropriate costs of annual maintenance.
Section 4. Certified copies of chic Resolution shall be provided to
the Plor ida Department of Natural Resources along with the necessary
applitat ion for funds.
Introduced and adopted this 25th day of April , 1988.
4lillia"f~mY/j5/ 1 well, Mayor, Preaid ing Officer
App ved as to form and correctness:
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Claude M:~11Is; City Attorney
ATTEST:
Q~. Dpi ~
Adelaide k. Tucker, City Clerk
and certain other matters Sn connection with the levy and i
collection of special assessments in Section N, and sets a
special public hearing on the matter for 7:15 PM, June 20, 3
1988 at the Ci[y Commission meeting room, City Hall, Atlantic ..
Beach
1
B. Resolution No. 88-8
Budge[ adj us[ment to provide funds for salary adjustments for
the Ci[y Clerk and City Manager
C. Resolution No. 88-9
Budget adj uscmen[ Resolution to provide a transfer of funds
from the general fund to the pension fund to provide for
twenty-year retirement of Police Chief Carl Swcki I
10. Ac tfon on Ordinances:
A. Ordinance No. 50-88-9
Public hearing and final reading of an Ordinance co provide a
policy on the use of drugs and alcohol; providing drugs [o be
tested for; providing job applicant testing standards; prow id-
ing current employee testing standards; providing for wr icten
notice; providing for confidentiality; providing an effec Give
dace
11. Mayor to call on City Commissioners, Ci[y Attorney, Ciry Clerk,
City Manager for reports and/or requests
Adj our~ent
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CITY OP ATLANTIC BEACN
Hay 9, 1988 - Regular Meeting
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of April 25. 1988
2. Recogn it icn of visitors
3. Appearances:
i
A. Clements/Rumple/COOdvin/D'AVi with report on feasibility study '
of nev City Nall at present location
4. Action by Che City Commission [o approve and ratify the expenditure
of $7,500.00 on state contract for the replac®ent of a sanitation
vehicle
5. Action by the City Commission on a request from R.W. Povler and
Associates for temporary office space to be added to [he rear of
[heir property at 400 Levy Road
6. Committee Reports: _
A. Mayor Howell to report on a meeting with the principals of
Atlantic Utilities regarding [he utility system in the Oak
Harbor subdivision
B. Report and recommendation of the Professional Services Eval-
uation Committee relative to engineering fees for the prepara-
tion of plans and spec if ica[Sons for the remaining eater and
sever lines on Beach Avenue between Sixteenth Street and i
Twentieth Street
7. Discussion by the City Commission on approval of cove~urtts and
restrictions in Selva Linkside PUD '
8. Action on Exceptions:
A. Public hearing on an application for ezcept ion by Bennett
Construction Company fot [he sale of beer and vine in a
Co®erc ial General District at a nev restaurant at 100 Weat
Pizs[ Street
(Community Development Board recommends approval)
9. Action on Resolutions:
A. Resolution No. 88-7
A Resolution amending in its entirety Resolution No. 87-2 of
the Ci[y of Atlantic Beach which adopts asseaement plats,
plans, spedfiw[ions and stated estimated conatru<tion costa
MAY
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