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07-01-88~-- NOTICE OF PUBLIC HEARING CITY OF ATLANTIC BEACH Notice is hereby given that the City Cammisafon of Atlantic Basch, F1orlde will hold PUBLIC HEARINGS on July 25,1986 et 7:15 PM at CSty Hell, 716 Ocean Boulevard, for the purpose of hearing and considering the views of the public concerning the following requests for a Uae by Exception: ORDZNANCB NO. 90-86-132, AN ORDINANCB AMENDING THB ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FIgRIDA; AMENDING CHAPTER 24, ARTICLB III, DIVISION 5, SECTION 24-109 AMENDING USfiS BY B7ICBPTION O1 COMMERCIAL PROFESSIONAL AND OFFICE DISTRICTS; AND PROVIDING AN EFFECTIVE DATB. All persons interested ere notified to be Drasent et Laid time end place and they shell ba heard. Copies of the Ordlnancar are on file in the City Clark's office et City Nall. If • parson decides to appeal any decision lade by the City Commission with respect to sny matter considered et any meeting or hearing, 8a will need a record of the proceedings, end for ouch purpose hs may need to ensure that a verbatim record of the proceedings is msde, which record includes the testimony and evidence upon which nppeal is to be based. Published: Beaches Leader 6/15/88 - Purchase Order 13512 " Posted: City Hall Post Office ,~,. the board to consider favorably some action which would give relief to [he situation. Ron Smith of Gabriel, Roeder and Smith, presented his report on the matter and the report showed that the actuary had calculated the amount of s[ra igh[ life pension payable starting with the month of June 1988, which together with pension payments actually made through Hay 1988, would have the same actuarial present value or the same cost to [he retirement system as payment of the normal straight life pension. Trustee While asked the actuary if what he was saying vas that if we made [he change reco®oended in Ron Smith's letter of July 14, 1988, and paid $610.10 per mooch, that that payment during the life of the retiree would, in effect, not cost the retirement system any more than if he had been paid properly to begin with. Actuary Smith reported that vas correct. Following further discussion, TRUSTEE WNITE HARE A MOTION TNAT THE BOARD OF TRUSTEES ACCEPT THE WRITTEN RECOHHENDATIONS OF THE ACTUARIES IN REGARDS TO ROBERT STEWART'S PENSION AND APPROVE PAYMENT OF $610.10 PER riONTH AS A STRAIGHT LIFE PENSION TO THE RETIREE. THE MOTION WAS SECOND- ED BY TRUSTEE WINGATE AND WAS APPROVED UNANIMOUSLY. The board Snst rutted the treasurer to examine [he documents and make sure that [hey were structured in such a way that this would not happen again. Treasurer Royal said [hat changes had already been made in the document so that they would be signed and the retiree would be acknowl- edging that he/she understood what [hey were signing and the affects of i[. With further discussion, it vas decided to send a copy of the form to Trustee White who would evaluate it and report back [o the board at Its next meeting. The Chairman asked if [here were any comments from [he audience, and there being none, he reported that the next meeting of the board would be at 7:00 PN on Thursday, October 20, 1988. The meeting vas adjourned at 8:35 PN. Peter Corbin, Chairman Richard C. Fellows, Secretary :b.-. >. Treasurer Harry Royal had actually computed that the impact would Ge about .73% of payroll. Trustee White inquired into [hat figure and asked if that meant one-third of 1X is all Cha[ it would cost. Treasur- er Royal reported in the affirmative. After further discussion, ON MOTION BY TRUSTEE WINCATE, SECONDED BY TRUSTEE HOGANS, THE BOARD OP TRUSTEES RECOMMENDED TIIAT AN ORDINANCE BE PREPARED AND SENT TO THE CITY COMMISSION FOR THEIR ACTION, WHICH WOULD PROVIDE A HAKIHUM BENEFIT FOR MEMBERS HIRED PRIOR TO JANUARY 1, 1980, AT 100X OF FINAL AVERAGE COMPEN- SATION, AND MA%IHUM BENEFITS POR MEMBERS HIRED ON OR APTEE JANUARY 1, 1980, WOULD BE 1007 OF AVERAGE FINAL COMPENSATION REDUCED BY SOCIAL SECURITY. THERE BEING NO FURTHER DISCUSSION, THE NOTION WAS UNANIMOUSLY APPROVED. AC this time Chairman Corbin said the board should Consider two letters which had been received by [he Yayor from Marvin Clayton in the Treasur- er and Insurance Commissioner's office in Tallahassee requesting that [he Ci[y respond [o a petition signed by the police officers and firemen requesting that their pension funds be separated out and placed in , separate funds and that separate boards of trustees be created. Consid- . erab le discussion ensued and the chairman asked Attorney Claude Mullis co comment on this particular matter. Attorney Mullis reported that [his matter had been addressed ac a previous meeting and he thought i[ had been resolved. He also indicated chat the petition which he had in front of him was no[ dated and felt that perhaps the pet it ian had been prepared by the firemen and policemen prior to the recent meetings of the pension board and City Commission, at which pension benefits were increased for policemen and firemen. Discussion ensued regarding the report and it was the general consensus [hat [he Cicy could put the premium tax in a separate fund, but that this would undoubtedly cause a situation where the money manager would no longer be interested in handling the fund because of [he decrease in [he size of the assets. Trustee White said [hat he felt [he funds needed [o stay together so chat we could make the most out of our current money manager. Attorney Mullis also said the City Commission, if is so desired, could repeal the premium tax as there are some cities that do not now levy and collect the [ax. Following a full discussion of the matter, TRUSTEE WHITE MOVED THAT TFIE BOARD RECOMMEND THE CITY CO`MISSION TAKE ALL LEGAL MEASURES NECESSARY A!D) FILE THE PROPER PETITIONS TO OPPOSE THE ACTIONS OP THE STATE TREA- SURER AND INSURANCE OFFICE AND REQUEST THE APPROPRIATE HEARINGS. THE MOTION NAS SECONDED BY TRUSTEE WINGATE AND APPROVED UNANIMOUSLY. At this time, Chairman Corbin brought up the question of the Robert Stewart pension. This is a situation where the retiree allegedly selected an option which gave him a greatly increased pension from 60 to 65, and ac age 65 the pension vas [o be reduced drastically. Mr. Stewart contended he never understood chat this was to be the case and Sn examining the documents which were used co compute the pension and determine which option had been selected, it vas noted that the document vas never signed. Chairman Corbin recognized Mayor William Novell in the audience. Mayor Nowell seated that he had known Robert Stewart for a long time and was confident chat Mr. Stewart would never have accepted such an option if he had understood what vas being presented. Ne asked ~,. CITY OF ATLANTIC BEACH PENSION BOARD OF TRUSTEES MINUTES The Board of Tru sees Eor the Ci[y of Atlantic Beach Pension I4nd me[ on Thursday, July 21, 1988, a[ 7:00 PM in the City Commission meeting room, Citv Nall, At lancic Beach. Present were trustees Corbin, Hogans, Wingate and White. Trustee Garvin vas absent. Also present vas Board Attorney Claude Hullls, Secretary Richard Fellows, and Treasurer Narry Royal. ON MOTION PROPERLY MADE AND SECONDED, THE MINUTES OP THE PREVIOUS MEETING OF MAY 16, 1988, WERE APPROVED. Chairman Corbin then recognized Mike Callaway of Merrill Lynch who gave a preliminary report on the performance of the money manager. He reported the total fund value as of June 30, 1988 was $1,673,920.00 which represents an increase of 548,920.00 from the original investment made at [he beginning of the fiscal year. Total fund return [o date has been 6.SS. Considerable discussion ensued relative to the preliminary report vich some concern expressed regarding the low earnings rate. Nr. Callaway poinced ouc the board should be cautious about being too analyzeddand eevaluated oon the basisaofe long term results.en Nr a Callaway vent on to point ouc that the activities of the money manager are conservative and that, in his opinion, they are doing an excellent job. He said in about two weeks [he board would be furnished with a complete report as they had not had sufficient opportunity to put together the comparison factors that would normally be included in the full reporC. Ac this time [he chairman introduced Mr. Ron Smith of Gabriel, Roeder, Smith and Company, to discuss [he annual actuarial valuation. Mr. Smith reported the fund is running pretty yell cn track and congratulated the City on having a pension fund that vas 1002 funded. Discussion ensued regarding the rather lengthy reporC which had been furnished co each member of the Board of Trustees, and Trustee White commenced regarding the statement on Page A-6 of the report which said the reCirement sys[® remains in excellent actuarial condition. Polloving further discussion, the chairman thanked Mr. Smith for his report and the thoroughness vich which [he document had been prepared. At this time the chairman asked Hr. Smith if he would take up for discussion the impact statements prepared in regards to a matter dis- cussed ac Previous Pension Board meetings concerning changing the pension Ordinance which now provides that a retiree's pension cannot exceed BOS of average final compensation when computed in connection with income from Social Security. Mr. Smith poinced out that his actuarial cast estimate which vas prepared March 8, 1988, and copies furnished [o all board members, shoved the impact of changing this Ordinance so as to prow lde maximum benefit for members hired prior to January 1, 1980 is 1007. of final average compensation, and maximum benefit Eor members hired on or after January 1, 1980 is 1001 of final average compensation reduced by Social Security to be rather minimal. 1 j MAP SHOWING SURVEY OF . ' LOi / BLOCK rov AS SHOWN ON MAP OF ATIANT/! CFAIN - JfIT/O/V :Y' AS flECOROEO IN PLAT BOOA /~ PAGE Jl - OF PUBLIC PECOBOS OF DUVAL CO. FLA . FOfl ~"/ACOf /ROA' /Ulrr ' .Verb C _y ter / [Jr ! ' riN~ SO. D• iJi/<A .. . 2 .. ~ t ~ ._ ' 0 O ~ , ~ veld riJ ~ ,: ~ eer ! ~ I E E ' ti ~ v ~ ~ a ~ w ss ~ S~ . ~ rJJJ' ~L '` .'fQ ~ ~ ... ~~ ~ . 1 .',. /µr oruN/ C.1,P/VAT/O/V ' t/.FEET. :_ ,' :. (s0'r/lllr !lfLH'ArroN /r/[AJf -. ' T l ~Fe./ ~ ' l~ L} ; iy 1 ~ . fJiiFJ f/J n/ ~ INERl1 CEIIiMY TNATTME[Il_ypNr•lIEgIOMOMTNEfFEC11LL ElODD WSAIIp MEAId1E ~ tlYUFNWiIOOp N~J'J/ gWN E MI C E WI FOR THE CITYp JA[I{pNyILLE FLORIDA pATfO J~/L'Jl jim ham+aa ~ ass~ciales. inc. WIO }11ryEVW4 -E}p MEIINN MA1 CR1tLE ~JACRfpNRLE FLPaOR fgM~aWNi1~•/R ' l[GIND ~ ~ ~ ~ ~ E 1 I IR.[av 4nIYV Itir N! [OJ w.: 4OYa RYJ ~w•a~ M ~ ~ lOf tONC YOw M Y91MI IIR •Lxam WNEW'.' ' ' fEf•% j ~ •s swOww n~o IN.r rn[RE .Ra RO ENGq.CIYaRrE WOR EW - • • • ' IRON COR ISFb [Jr ANp YELTf THE IWIyRI MdN1ElIBITt OF TNf ~ i Is 'JC'f(NC[ l D FfRIS MOiLTA '. MNUO MMEWtwN •:{..- ~ .f% ~ • • wON COR lf01 x EROES WI •1 . ~~I /-~/0~ .'. ~1 f l ~ R•fl ~ . L _EfilE _ ~ i rn JJl')! wn Aulplr TJt!! RL um aIFLE Yo,Naww ~~ 1 _~ q ~.. MAP SHOWING SURVEY OF .A(~cE-L / NG~TNE SavrN ao o•ss e~ct~Ke,~~AS SHOWN ON MAP OF E D / ATLANT/G 6EAGN-SECT/ON N' - _ AS RECOOOEO IN PLAT GOON ~ PAOE ~ OF PUBLIO RECORDS OF OUVAI CO. FLA. FOR LHAF ~ P.fAM dEAL7/ ~ - ' .. ~` ~ . ~: ,,. .. - - ~ LAN.1L .. :. ~~: . .. _ y .` f ~ ~ . ri1ARBN - _ .L• ,•-. :~. e n[,eLEt O~ u _ _ y _ a ! b N 1 ~ ~ - ~ "~ ~ \ ~ PARLIt L - y . \ V ~ ~ Y ~ '- . ... /020' U 4~ ~.. " .. aerze x.,1 ~ v ,r / E ~ ~ O _ GJIIfL L . O i . A - /L[Lr. .. Inv ^ ~ tsI itosil~. . ~ IXOLK- YIl 6LOLK- 1/O " - ~" WE9T ~PLIIZA.Rp.~~ii wrN - - iwAfn c[Aiilr rwrryf,flal[wowN wn(wrowrw(rfcuL noooruMAOwwzaw ~A(acwnwrrtaoD ~ L1.' ' wWILMCa MTf WIA~l_2~-ip1 iNF C1iY OFAA4V1K ~Cl~/LA. DATFD ~fJ~L Jim harrf+aa" ~".acsociules:"loc:" " wro swv(ioAS-aa(wfnMn wAr cwcLa-JADII(ONV(LE na(w mu-'(ovrnara' . ~ , ~ I L[cfno ~ Pw/fLK ' _ rwwrn w- w r wrs. wrl. rwr ilr YDr[ ' - I ()cars ror w.w rwr rK ^~ - rwlwio rro+af[r s s~.o.n rso rwr iwAa Au w [rcAeAC[Awrn rwor aw trill/! • y . • • won coA ls[n PARLpL AND rfzrarw WArw AfaY(•ar•[f(aTw' 'r ~ ~ .t,. ~ ~~ ~ -R-r[MC( IYraDMVMrPLAN IIIL(. AMD FLiA - J. • \ Y ! r) n10rrCW 1lDI ~ aAlt~Lf cAOSS LVr waa y"DO• . - F~ " rn~L n wao urua.orL :a" a'°pr nn /v[vQ/P 10? . .- .. IF..~ ._-. i i ' NOOK 'L-' "~.~ II°• IR' BED'RM I Ilex IR' KIT. ° . I GARAGE _ -_I 10'xQg4 0 ;., f O N ,-n DINING BED'RM 2 q+x ll• , DIMENSIONS 6 S/F ARF AIPRORIMAiF GREAT RM. ~- ubx2a ,~ TAMPA LIVING: ~ 1.00 GARAGE: 180 ----~-~-- ~ TOTAL ISQ. ELI: /160 -31 . ~- ,.\ ~, Ms. Rene Angers City of Atlantic Beach C1Cy Hall '7l6 Ocean Boulevard Atlantic beach, Plorida 32233 June 22, 1986 Uear Ms. Angers: ?lease grant this request for variance of septic tank moratorium on lot 1, block 209, Atlantic. Beach Section H. and Fliock 21G. AtianLi r- Beach Section H, 2 lots widch 1 have owned since 1980. 5nr..l used are cupies of Che surveys and F~roposed houseplans. 1 remain full}' in favor of ~re ter and setter and pavi~gr~eans for the area and am completely villiny to pay my pr share of the costs to provide such services. ,,e'~r•.anwhile pleane grant the vac i-anre. i will still build the septic system according to 'fiery strict guidelines imunsed by the Sta to of t•lorida. S i~njcJerely, ~/MC.uL PWrcus J. Prom president t3BB AWn Sinror, Atlenik Beach. FtaMa 37233. iW-2~Y~72~1 Cianarat (,prUaCtan April 12, 1988 City of Atlantic Beach 716 Ocean Blvd. Atlantic Beacl,, Florida 32233 Dear Mr. Fellows: ~ 1 • .~ i ~ /'~ . :.C I am wri ti.ng to request a bardship exception for permission to install a septic tank~on my property at 153 Levy Rd. until such time as city sewer service becomes available. I have had ' discussions with your Public Norks Uixector, Mr. Braid on the feasibility and availability of existing sever connections and he indi ca [ed tt,at at the present time it is infeasible to do so to the existing locations. Mr. Bra id indicated that this request i.s tl~e first step required so that my request may be reviewed by tl,e city for consideration. Thank you for your consideration in this matter. Sincerely, /~a,~~.ta.m ~iw Laurence M. Ross ~. Pleoee type ar Print in Ink Applloetion Fee 075.00 '. API'L1CA'1'lUN f'Ult •1/56 DY EXCEPTIUX• Detm Filad, ~ I~ ______________________ Nome end Addreae of Ovner ar Tensut in Poeweslou of Prexloee, ~ ~ -- J -- k--- Cam. ~ ~s~~2___________ "' Pho/n/e,/ __885_ PlazcL ~(• ________ Morkl of ~~- y y-~ __________________ -- ~ ~ ~_d f1 ~-_~_C __aC~'ll_ F ~ ---- ~ Howe,------------------------ Qeeper : r7a5 ' a 130 voce Street eddreee and leael deeoripticn of the prerrlerm a tc vhioh the •Uu by Exceptlon• ie requsetedt ___-- 111.0.1___~a__Im_~___(Jrif__11_fo_~_.,: A deecription of tl,e •Uee by Exceptlon' deefred, rhich el,all epeolffcally ^nd partleulerly deecrlbe the type, ohereoter end extent of the proposed •Uee by Exceptlon•1 ---0-{ --~ °m ~---------------------------- -- --- - - Speclfio reasons rhy the epplloent teel^ the request should 6e prentedl _ This _~ s h52sr_i _mf C ~~sSQP__ ha~m~d-~_ hs~--------- __ I ~ v_~ no~_ ~gr _~he las~_ lb ~ea~s _----- -"-- 2onlnp Cleeelflcetionl R5 2 ~19^a t~+~'e f eC6 pplicanl,~ePPllcant'a eull,orized agent or attorney. If agent or attorney, inolude letter trove eppllcsnt to that effeot: ""r"O`'"iO /ne properly. Appllaetion .oennat be proaeoed rlthout ornere ^Sgneture. A pplicantl Uo not fill-Sn beyond this point, ilorever, be prepeced to rrepond to tl,e Solloring itene, 4`- Honorable William 5. Nowell July 12, 1988 Page two (c) A statement challenging the administrative action and outlining [he grounds of your challenge including a listing of any disputed iscuea of material fact; " (d) A request for hearing where applicable. The request for heazing should specify whether a formal (Section 120.57(1), Florida Statutes) or an informal (Section 120.57(2), Florida Statutes) proceeding is desired. Failure to specify the type of proceeding desired rill be considered a request for an informal proceeding. Please note that you are entitled~to a formal (Section 120.57(1), Florida Statutes) proceeding only if there is a disputed issue of material fact. If you admit or agree that the facts are coirect in every material respect and you still wish to have a hearing, you should ~request_an informal (Section 120.57(2}, Florida Statutes) proceeding. If you request a formal proceeding, you must state which fact or facts you dispute. If you do not state which fact or facts are in dispute, the matter will be set for an informal hearing. If you have any questions or if this office can be-of assistance, please le[ me know.. ~ -" Sincerely, MM ~j//+- ~J~~Y.c~c,.. /d. C s7c Marvin 9. Clayton, Bureau Chief Municipal Police Officers' and Firefighters' Retirement Funds MBC: pfs Enclosure cc: Hoard of Trustees STATE TREASURER ~ YIeUMRCE GOMw~SSpNER MIRE VARSRAL ' TwE was iuUHASSFF 1t3P90]d) July 12, 1988 Honorable William S. Howell Mayor of Atlantic Beach Post office Drawer 25 Atlantle Beech, Florida 32233 Dear Mayor Howell: This Ss a follow-up to my letter of July 11, copy attached, indicating that the premium tax monies would not be distributed until compliance with the applicable portions of Chapters 175 and 185, are attained. 1t is being sent at the request of the Department's Legal Staff in order to make it clear that the letter of July 11, 1988, provides a clear point of entry for administrative proceedings in response. to the information contained therein. -. If you wish to challenge the Departmeni's action, or believe there is a disputed issue of material fact involved, you may file a petition with the Department requesting an administrative proceeding pursuant to Section 120.57(1) or (2), Florida Statutes. A,t the proceeding you have the right to ire represented by counsel or other qualified representative, to take testimony to call or cross-examine witnesses,to have subpoena and subpoena daces tecum issued, and to present oral or written arguments and evidence. Zn lieu of the foregoing you may, pursuant to Section 120.57(2), Florida Statutes, submit a w=itten statement challenging the grounds upon which the funds are being withheld. You are given twenty-one (21) days from receipt of this letter to file your petition with the agency clerk, Don Dowdell, General Counsel, at _ 613-B Larson Building, Tallahassee, Florida 32399-0300. No correspondence received prior to the date of this letter shall be considered a valid petition. Unless a petition challenging this denial is received within twenty-one (21) days from the date of the receipt of this letter, the right to further administrative proceedings in this matter will be deemed waived. The petition shall contain: (a) Your name and address; (b) A reference to this letter; An Affir~nmive AT~inn T.quAl pppor~uneY Emdes~sr Honorable Milliam s. Howell July 11, 1988 Page three policemen to the fund, be kept segregated et all times in the manner aforesaid and are being used strictly in nccordnnee rith the requirements of Chapter 185, Florida Statutes." "It is the duty of the munlclpality, when it elect to come under said Section 185.35, to comply therewith, and until such an ordinance has been adopted the question of compliance with ' said section is moot." Stnte premium tax monies for 1987 in the amount of 312,597.60 for Fire end 535,139.92 for Police are being withheld pending compliance with the provisions of Chapters 175 and 185, Florida Statutes. If you have any questions or if this office can be of assistance in any way, please let me know. Si~nc7erely, ! '~ Marvin B. Clayton, Bureau Chief Municipal Police Officers' and Firefighters' Retirevw:nt Funds MBC:pfs cc: Board of Trustees ~-- ~ Honorable William S. Howell July 11, 1988 Page two Also, the death benefit provisions will have to be amended to allow the employee to chose his beneficiary. Please refer to Sections 175.181 and 1B5. 162, and reference Court Case Dulje vs.DUnedin. Chapters 175 and 185, provide that the "normal form" shall be life and 30 years certain with options as provided in Sections 175.171 and 185.161, Florida Statutes. Provisions regarding maximum benefit amounts should be deleted as Chapters 175 and 185, provide a minimum of 2t for each year of service. FurT.her, AGO 59-190 states that benefits may not be offset by Social Security benefits, and there is a Florida Supreme Court Case, Carter vs. Niami, which states that benefits provided by the statutes shall be in addition to any other benefits available. Further, compulsory retirement age must be removed. Federal law prohibits a mandatory retirement based on age. The separation provisions should be clarified to state that a police officer or firefighter say terminate and leave his contributions in the fund fora period of 5 years pending the possibility of being rehired. If he removes his contributions, he loses the service credit if he returns at a later date. Sections 175 3B1 and 185.39, state that Chapters 86-141 and 86-42, apply to all plans, however, those not in compliance shall comply no later than December 31, 1986 (or October 1, 1987 for [hose legislative act cities), "and that nothing contained in this chapter shall operate to reduce presently existing rights of benefits of any firefighter (police officer) directly, indirectly, or otherwise." , Ne suggest the Board have its attorney review theplan in its entirety and provide us with a proposed plan in compliance with the provisions of Chapters 175 and 185, and an impact statement prior to the last public hearing as required by Sections 175.351(11) and 185.35(1)(j), Florida Statutes. AGO 59-190 stated that, "AS a condition to the paying over of tax funds derived fras taxes isiposed pursuant to Section 185.08, Florida Statutes, the insurance commissioner must require that satisfactory assurance be given that such funds, es well as contributions made by the atATE TRE/SgJRER gwaUMNLE LdlgllaagwCR FIRE 11Anag1.LL ~~aG.w.t~~~~`a r~a~d~/u~arurz rAgarot tuwussEe azwamaa July 11, 1988 Honorable Nilliam S. Howell Mayor of Atlantic Beach Post Office Drawer 25 Atlantic Beach, Florida 32233 Dear Mayor Howell: On September 1, 1987, we received a copy of a petition filed by a majority of the police officers and firefighters of Atlantic Beach reglresting a separation of all Chapters 175 and 185 monies and contributions from the General Pensior. Fund, in accordance with their option under Sections 175.351(13) and 185.35(2), Florida Statutes. As of this date, we have not received an ordinance from your city effecting this change. Please furnish us with a copy of your amending - ordinance separating the police officers and firefighters from the General plan and setting up a separate Board of Trustees in compliance with Sections 175.351(15), and 185.35(4)(a), Florida Statutes, to administer the Chapters 175/185 agonies. This fund may be a separate Fire and Police Fund or combined fire and Police, whichever is approved by the firefighers and police officers. In an effort to assist your city in meeting the requirements of Chapters 175 and 185, we have briefly reviewed your pension plan. It appears that several changes will have to be made to meet the minimums found in Chapters 175 and 185, Florida Statutes. Sectionc 175.021 and 185.01, state in part that, "This chapter hereby establishes miniaum standards for the operation and funding of municipal police officers' retl cement (firefighters' pension) trust fund systems and plans." In addition to the changes in the Board makeup and provisions regazding adfainistration of the fund, the definition of salary for police officers will hove to be amended to comply with Section 185.02(3), which states that, "Salary" means the total cash remuneration paid to a police officer for services rendered." The disability provisions will have to be amended to comply with the minimums found in Sections 175.191 and 185.18, Ploride Statutes, as to the determination by the Board and the minimum benefit angounis. Line of duty disability benefits have no service requirement end there ie no waiting period for eligibility. Reference 1988 4th District Court of Appenls Case, DeSepio vs. Coral Springs. An Aanmative A,ti"nR:pu+l DpponunigY Employer ,: 9M TH ANm GRLES P~[ ENGiN EER S. iNC. Nr. J. ilf tar tariff ia, Jr. Ciry Nanagar Ciry o£ Jacksonvill• Beach July 1J, 1988... Page 4 The engineering services described above, excluding field investigation, will be performed under the provisions of Article 2, "Preliminary Engineering Se r~ices", of our contract with the City of Jacksonville Beach, dated J•uta 19. 1972. We estimate the total cost co the City for iha preparation of this Preliminary Engineer's ~7eport will not exceed Thirty Thousand Dollars ($30,000.00), unless further authorization Ls received from the City of Jacksonville Beach. Any field invesci gations required shall be paid for in accordance with Article 3(c) of our concrac t. '.'e appreciate this opportunity to present this Proposal For your consideration. '7e are very interes ced in performing this assignment and lock fotvard to being of continwd service to the City of Jacksonville Beach, and through the incerlacal agreement, the Cities of Atlantic Beach and Nap cone Beach. Please contact us if you have any questions regarding this Proposal. Sincerely. / SY AN~GI S F/ ENGI:7EEBS, INC ~~1 ~ 1' r Ui ~,w,~ ~ ~A a /rout, P.E. Vice President [7FA/CSL/kb SMITNAND GILLES PIC ENGIN [ERS.INC. Hr. J. :Aster Griffis, Jr. City Reneger City of Jacksonvllla Beach July 13, 1988...Page 3 C. Serer Svstam Aehabil itation: We will asaass the need for rehabilitation of the sever systems of each City, int lading work already Snitiated by each City, and recommend how, when and where excessive infiltration will be removed. Also included will be costs and funding schedules and mechanisms to schieve the reduction in Infiltration. H. Precraatmane: Vs will aasass cha need for an industrial pre creamenc program £or each of cha three cities and develop pretreatmanc regulations which conform vi ch National Standards. I. Aacommendaeions: For each o£ the previously lis cad items, we will recommend a course of action which each city should follow co meet the permitting requirements sec forth by BESD. Additionally, we will prioritize our recommended actions and provide a preliminary opinion of [ha design and construction costs for the implsmenueion of any raeoemlanded improvements. J. Sehednls for Coerolee ion: Gin will eonplets this Raster Plan report and have all required documents ready for submittal prior co the January 15, 1969 deadline established by BESD. Sources o£ data which va will utilize co prepare this Raster Plan Report will include the Duval Beaches 201 Facilities Plan, including amendments and updates; subsaqunnt engineering reports, studies and design proj sccs which Smith and Cillaap is Engineers, Inc., has prepared or which will be made available to Smith and Gillespie Engineers, Int., by [he respective cities involved; ongoing investigations i~rvolving the preparation of engineering reports, studies or design pros acts which Smith and Gillespie is currently perforning for one or morn of thn three Duval beaches Communities; forthcoming regulations from the St. Johns River Voter Hanagemenc District and river savpling data provided by ana or more of the three Duval Beaches Communities. Field investigations as dsacribad in Azcie le 3(a), of our contract, which may be required to obtain nav or additional data prerequisite co the preparation of this report, ate not Sncluded vi chin cha scope of this proposal. However. please Hots that va do Hoc anticipate the need for any field icrvescigacion at this tins. aN RM AND GILLES PIC ENGINEER S.INC. Nz. J. Les Cdr Griffis, Jr. ~ _ City Manager City of Jacksonville Beach - July 13, 1g88...Page 2 The following sections of this proposal outline, in detail, the scope of work for the proposed :Sas car PLan. Note that all of the following items will be addressed for each of the three Duval Beaches Communities involved. A. Water Ow lice Standards: Ve will discuss each City's efforts towards meeting Secondary Treatment criteria and present the data to be utilized by BESD in establishing water gwlity based effluent limitations at the effluent discharge point in the Sc. Johns River for the Regional (Duval Beaches) Sever Outfall. Actual eater sampling in the river will be performed by representatives of Jacksonville Beath, Atlantic Beach and/or Neptune Beath. B. Ex9ansion For Orovth: Va will evaluate the need for expansion in the capacity of each vas eevatar system co acrommodace grouch vi chin each regional fat Slity's service area. Va will make a preliminary determination of the new facilitie9 requited to provide any capacity beyond chat axis cing ac tl~e time of preparation of the report. L. Nonepmplvina Vasterater Treatment Plants: Ve will establish guidelines for thn phasing out of noncomplying vas tevater treatment plants within the boundaries of the service areas for each of the three Rsglonal Saver Utilitins. D. Reduction 1n Seot!c Tank Utilization: Vs will establish guidelines for the reduction in septic cask utilization and identify those areas both suitable and not suitable for septic tank installations within the boundaries of the service areas fai each of the three Regional Sever Utilities. E. Rssionel Interceptors and Trunk Systems: Ve will analyze the need for extension or upgrading of the existing intsreeptor and trunk systems within the boundaries of the service areas for each of the three Regional Sewer Utilities. F. Vataz Aensa Raeuizements: Vs will obtain the forthcoming regulations of the St. Johns River Vatar !lanagemenc Dis trice regarding treated efflwnt rewa requirements. Ve will determine what actions are required of each of the three communities co sa cis fY chase permitting requirements and eseab Lish goals for meeting chem. SMITN AND GILLES PIE EN GINEERS.IN C. ron orricc so. Yv ]• ~wC nlONVILL r. rLOA~Ow ]220 !YOM +~] ~ eY60 July 13, 1988 Mr. J. t.esear Griffis, Jr. Ciry Manager Clcy of Jacksonville Beach Post Office Box 51389 Jacksonville Beach, Florida 32240-1389 Subj sc c: Proposal for Engineering Services Master Plan for Regional Sewerage Dsve lopmene Jacksonville Beach, Florida Dear Mr. Griffis: Ve are pleased co present for your review and acceptance our proposal to prepare a Master Plan for Rsgidml Beverage Development. 'This Has ter Plan will be prepared Ln response to recently promulgated permitting requirements of the Envirotmental Protection Board and Bio•Environmental Services Division (BESD) of cha City of JacksonvilLs. _ I[ is our understanding that the three Duval Beaches Communities of Jacksonville Beach, Atlantic Beach and Neptune Beach will jointly authorize and fund the preparation of this Mastsr Plan. The purpose of this cooperative endeavor 1s to male use of cha extena ivs knowledge and experience which Smith and Gillespie Enginssrs, Inc., has astab llshad through the preparation of the Duval Baachas 201 Facilities Plan and the subsequent design and eonstruc Lion o£ the Vas [erstez Management Plan Implementation projects. These projects were successfully accomplished on a regional basis under the incerlocal agreement between the three Duval Beaches Communities. It is also our understanding that the City of Jacksonville Beach will once again take the lead poaitlon in this coopazaeive effort. Please note that while our scope o£ services as outlined below refleezs the requirements established by BESD, our estimate of the cost co prepare the Master Plan and our expectations as co the data resources which will be available to us to perform this work era predicated upon the cooperative parclC ipation by the three Cities of Jacksonville Beach, Atlantic Beach and Neptune Beath Ln cha auchorizacion and funding of this work. Should a pertinent Ln[srlocal agreement not be reached among the Cities of Jacksonville Beach, Atlantic Beach, and Nepcuna Beach, this proposal will need to be modified accordingly. This Master Plan will be prepared and presented as a preliminary engineering rnpozt with the forma[ tailored to satisfy BESD submittal requirements. In general, the Master PLan will address how the three Duval Beaches Communities of Jacksonv111e Beach, Atlantic Beach and Neptune Beach will provide services necessary to achieve eater quality standards within [heir ser+ice areas, including an asaessmanc of wastewater system improvements and expansion necasaary co accommodate growth, pravis ions to phase out noncomplying vastevater traatwnt planes, and provisions co reduce the utilization of septic tanks. $p~ g~ Public Telephone ~`' ~ :; $~~~~g~ Service Agreement /H1sIXl.nenm.+e swap«.on CentM• Tnie AgrNmsnt marN thle = - Dry of \l - ~ 1Y_. ~t oy no GiwNn 9NI Taladwna CwnpulY. • corporolbn, herinp Ib pnnclpY place of Dualneee sl ~'s..Y i~d l~.l . ("Tor CompanY") anp i - - - • aenVwO navinq its pnnelpal place Ot euatrraae ~%~.. L•~ ••'~~ ~ - F•~' ~ f'AYMt'1 I. Tern p Cawtreet-TDIa A reemenl Nell M in efle~t for ~ yaw, commsneln _ ~J ~'~ t0 ~ ~ S ' Thie Agrownanl IM brg `-(~>~"F t-) aDOltbnY ~ q~~~/~ ~'yYM~~r,'WrkMQ from aM Wer -~ ~ unbss NtMr DsrtY proYlDSS wntlM rgtke OI Its IntMlbn rot to rNraW Ihle AgroMrant, d leet_.zi.-2}~_deye prior to IM sa bn of tM onpical w w1y renewY term. Such notlca will a sent m tM aaarex aN forth In Sedbn 119 ("Mwas'1 Fdbwlrp the Dunlion of tns onglntl larm arM any apxltieD renewal perbD, IDIS AprearMnt MYI Ds aktanDaO month t0 month unlll JO Days writlM Mtlce b provbe0 Dy Nlhw MnY~ 11. W IMY - Tnis AgreerRent eppiba to IM baW lotion, opsrellon erM malntenma of Wdk tslepMrns arM arKbsurss, Mwly InsWNO or i. reMVUSO on or soar ~ y bpateD at ~ ~ r) H L' ~ itn term "Yabrlal" Ia Delinao Mrein ae tM puDlb bbpMM wt aM eMIOW ro, Intl Wbq but not Ilmlla0 to OunD ports, eoncrob ptle. mast pOlp, ono site preparation. wMn guarD poste, corrcrote ptls, mcloaursa, peosalala. Dumper pa W, or OtIMr pmlMrty OI CompulY w Inatalbo upon tM promlan ownrW, baseD or otMrwix uMer Inc supervision of Agent, auto property snap rNnYn In tll rospsds toot of tM CompMY. won Company reservbg tM aDWlute rlpnl to remove auto tacilltiea w11MUt consent of Agent. NotwilDStarMinq tM lorepolnp, MweWr, CompulY MM reatoro WD premisaa to IMIr Onglnal cwbitbn stqul0 it Determine to remove its lacilihes, except as olMwise prOYiD.D in Sedbn %I of Iola Agreement. Thla Agreement alw apDliss to VI public telephones aM asaoclateo egdpment IurnisheD DY IM CompenY anD In service on Apenl'a promises H of lM Dale of this Apraement III. AMaMM AM AlYChnralMa - Agent maY rat make altaratbna or allechmMls to f9alarW pmvlDW unrlar IDis AprNnMnt, unless OlMwlaa mutuYty prss0 upon Dy Dom pNisa. IV. Mrwrw_ sllal - TM COmpanY will Install, operate anD malnlain Ya1wY alyq cnYpa to Agnt. TM CwnpanY wilt pry Agent remunsratbn oripinatinp Irom WW W DmviDeD DY tna ('AmpanY uMar this AgrNmant. TM ComilanY will pmrios Apnl wlln remuMntbn on monlDly DMIs Commencing anm lnstallatlon. Such remunerationaM COmpenaubn willMNnt lolM trooress Nllonh in $sclbn 1 Agent prow IMt YI coupes ono remunenlbn pdicin w aub(ecl to chenga m Iaqulrs0 by tM ~ «+f'. 77E Public Service Commbsbn or any other requlalory or luoitlal DDDY with WtMn1Y 1o mangos suM changes, crib tMl at rq Ilrtq a1W1 anY charge w remurleretbn pdky Dinu from tMl albweD DY anY regulaton Or leDll oltM ~ F' 1'lL Public $erHCe Commissbn or such other eaey whetheror not such regulation or lantls Is W rtenlly In eablenu or is nerwno mtle known. V. Aywa Atpaaa Te: (tl PmtactlM llaaarW apYnal w1111ulaMSe ono repoD anyowepe,NrvICA ILIUnorheyadoua cwtonbna loth t'i0r111Mny. ryt PrmiM witaDN Space, auaaalbb 101M pudk. ono nscaasW powu sourca. (cl Ctrarpa CenlpnyltrWHt~roroslw all bcal raW intratATA maaapn. IDI gsplry V I signs fumlaMD DY tM Company ono rpt to aflix or albw Io M aMlzaO nY o1Mr alpha, pulpmMt or Infomudbn to tM YsIwW unbss OtnuwlN mutwlty agroM upon Dy Doln pWtse. lei Psrtnll acuaf IO Its raepectM Iacllitisa wilMUl ehuge w prejuDke to Company wpbyap. agents, palrona orconslgrwa. YI. CIIOMw d law • TM conslnrcnon, Intsryretalbn arM pMOmurlca OI IDis AgroMrNnt aM all Imsactlona uMw It Malt M gonntse Dy Ilia rbnwstk law of MS Slala of Yp, Ilatlpee-Arty rtollee w 0errlul0 wnkn unGr IM terms of Ihla AprMnlent w unhr any altlus mwt w mry M plwn w mtla DY enlrer party Mall M In wntlnq arW ellall De given or maps Dy tNpfarn w simllu communication or Dy mail, poatapa propalO aeDresasD to 1M rMpaolM pMbs r lolbwe: To CorrrDwrY To ApMt: /c. Uc f,.v a~ ~~~ YIL freke Atawaawra-Thia Apreemenl eonslitdsstM Mtiro Agrasrrlent DatwMn Agent orb lM Company arM mry rrotMmoDi}IW wamarWM otMr tMn DY s wDnsn instmment eascute0 by born paRbs. Any omen plauo by Aganl MrN+rlOar Mtll Incorporate tM IYpeD, slwpW w wMIW DroMebna w DuL burro 1Mraon anD in WDOMinete Documents so bop as tM typsD. alwpso or wntlsn Ixovlabn of Dw merely W pplentsnl but o0 not vary tM Drovisiona of Inia Agresmsnl. Vftnnmer typaC, atwpeD or written prorisbns of an accsptsD Document conllkt with tM Agraunsnl IDis AgrMment sna11 Gontml. pMIM R MI %YI w pl the RaaMaa OI Fora.) M •IYw 1Ylraraal. lire Iorsgolrrq Aprewnenl Iw Daen aaecdW Dy Ilrs pMlp Mato, in ouplkala m4_Dry oI 19_ (mnlso a sam.t ypWl: (Pnmee w NurN TypsoC lM: Tnb ~' Lp00nubD t/.i Maorp r......-,..t pnm~r......., ..r ~; ;`~ BID N0. 8788-14 - Striping of Seminole Road, end Pleze Mai11nR LSs[: Allen Sunset Pavement Marking Co. 8 6 S Pavement Striping 3505 Sunae[ S[ree[ 10728 Fontana Ct. S. Jacksonville, FL Jacksonville, F7. 786-3787 642-0190 Asher and Son, Ire. Sealing S Straight Line Striping Co. 9339 Craven Road 1722 Davie Street Jacksonville, FL Jacksonville, FL 731-7325 354-5686 Aaphalt Doctor Southeastern Sealcoating 1128 M. s[. Johns Bluff Road 3040 Wedget ield Boulevard Jacksonville, PL Jacksonville, PL 777-3319 743-1927 Asphalt Sealcoating 6 Striping Asher Wilson En[erprleee 11060 Phillips Aighvay P. 0. Sox 17295 Jacksonville, FL Jackeonv111e, F1. 32245 266-2000 Road Mark Clsan Sreep Industries, Inc. 134 S. Campbell 11443 San Jose Douleverd Daytona Beach, PL 32015 Jacksonville, PL 262-2376 Markings 6 Equipment 1005 Sunshine Lane Lee's Striping 6 Seallog Co. A1[seonte Springs, PL 32714 911 Cole Road Jacksonville, F1. 751-6689 U. S. Seal Coating P. O. Bo: 8645 Jacksonville, PL 32237 Pores Desl Teouns Striping, Inc. 417 East 2nd Street Jacksonv111s, PL Builders Exchange of North Florida 354-5015 5023 Boyden Road Jacksonville, Plorida Roger Pavement Marking 2326 Kitchell PLce Jaekosnville, FL 399-1059 am._ a- CITY OF ,,a`~~4lla.Etie Gras! - ~fo:irla _~e~. ~•.... Nay 26, 1988 CITY OF ATLANTIC BEACH INVITATION TO SID tli~(IClAN n(IULl:VARn P. O. nox ZS ATL:\NTIC ^P.ACH. PIARIDA Dt1J1 '1'EI.f: PII(19 F. 190(1 t(9t7% NOTICB is hereby given that the City of Atlantic Beach, Florida, will receive bid• Sn the Office of the City Clerk, City Hall, P. 0. Box 25, 716 Ocean Boulevard, Atlantic Beach, Florida 32233, until 3:00 PM, July 25, 1988, for Striping of Seminole Road and Plaza Nithin Atlantic Beach. Bide shall be enclosed Sn an envelope endorsed "Bid No. 8788-14, Sealed Bid for Striping of Seminole Roed and Plaza Hf[hin Atlantic Beach, To h Opswd 7:15 PM, July 2S, 1988." SCOPE OP NORK: Establish centerline of Seminole Road, and Plaza. Apply solid double centerline of Traffic Yellow, and two edge stripes of Ttsff ie Nhite, !n accordance with Section 710 of [he Plorida Department of Transportation, Standard Specif icetiona for Road and Bridge Construc- tion, latex[ edition. Speciflca[lone and Bid Forme for Chia pro]ect may be obtained from the Office of the Purchasing Agent, 1200 Sandpiper Lana, Atlantic Beach, Florida, telephone (906) 246-2766. All bidders moat furnish a bid bond Sn [he amount of SS of the bid, references teeeifying [o the quality of [heir work, and file cer[ificatea with the City that they have obtained and will continue to carrq Norkera' Compensation, public and private liability end property damage insurance !n adequate amounts during the life of [he contract. A performance end payment bond will be required of the sueteseful bidder. Bid prices moat remain valid for sixty (60) days after the public opening of bids. Goods and servitee proposed shall meet all requirements of [he Ordinances of the City of Atlantic Beach. The City of Atlantic Beach reserves the right to re]ect any or all bide or parts of bide, waive informal itlee and technlcalitiee, make award in whole or par[ with or without cause, and to make the award in what fs deemed [o be in [he best Sntere9C of [he City of Atlantic beach. Joan LaVske Purchasing Agent R R R R R R R R R R R R R R R R R} R R R f R R R R R R f R R R R t R A FLORIDA TIRES-UNION: Please publish one time fire[ available weekday Segue. Joan LaVake - 246-2766. PACE FIVE MINUTES JULY ll, 1988 Miscellaneous - continued Mayor Novell announced the C1[y would be receiving from [he State approximately $30,000 - $35,000 in financial assistance Eor the acqui- sition of [he 20th Street access. The Mayor added that case vas a m11E stone in Florida. I[ was the firs[ case he knew of where eminent domal had been used specifically for the purpose of acquiring a beach access R k R f R k f t il R 1t k f ! A• f A short discussion vas held on [he Preliminary Engineer's Report on Drainage Canal Improvements for the city submitted by Smith and Gillespie Engineers, Inc. rir. Mullis suggested the aubj ecc be diacussE a[ [he meeting to be held on Thursday at 2:00 p.m. an the transfer station and solid waste. There being no other business [o come before the Commission, the riayo~ declared the meeting adjourned a[ 7:42 p.m. William S. Hovell Mayor/Comnissloner ATTEST: Adelaide R. Tucker CS [y Clerk N11M£ OF CONMItS. M S V Y V N PACs FOUR V ~ NINJTES NAME OF .IULY 11, 1988 COBS. M S Y N 6. A. Ordinance No. 90-68-133 - Public Hearing continued lotion: Passage of Ordinance No. 90-88-I73 on firs[ reading. Cook x Edwards x x Gulliford x x Following discussion, [he question vas called and the motion carried Jensen x unanimously. Mayor Howell announced the Final Reading and Public Howell x Hearing could not be set until receipt of approval from the Department of Community Affairs. k * * * * * * # * k # * * * * * * # k * * * k * * * * * * * * k ].Action b the Cit Commission on recommendations from [he Code Enfor e- ment Board relative to naming Karen Moore as Secretary [o [he Code Enforcement Board and assi in the duties of Code Enforcement Office [o Rene' Angers, Community Development Director !b [ion: Confirm the appointments of Karen !bore as Secretary to Cook x the Code Enforcement Board, and Rene' Angers as Code Edwards x x Enforcement Officer. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x k k k k k k * k * * k k k * k * * * k * * k * * * * * * k * * k 8. Discussion regarding the advisability of creating a new school zone crossing area on Seminole Road in the vicinity of Scs intersection with Selva Marina Drive Following discussion, there were no ob~ec[ions from the Commission relative to the concept of a new school zone trussing area on Seminole Rd. in the vicinity mf its intersection with Selva Marina Drive. 9. Action b the Cit Commission to cer[if mills a [o the Pro er[ Appraiser for the 1987 88 FY at 1.6639 mills for operating and .2791 mills for debt service. Hotion: Certify the millage to [he Property Appraiser for FY Cook x 1988/89 ac 1.6639 mills for operating and .2391 mills Edwards x x for debt service. Gulliford x Jensen x x No discussion before the vote. lotion carried unanimously. Hayor Howell x Howell set [he Public Bearing on the proposed budge[ for September 12, 1988 at 7:15 p.m. * k k k* k** k k k*****# k* k* k k k k* k* k k k 10. Miscellaneous Mayor Howell advised Chat Judge Mitchell was [o announce this week [ha an order of taking for the 20th S[. beach access would be issued in favor of Atlantic Beach. The court hoe under consideration a request from the property owners that the access not be opened until after August 15th, because of construc[fon ac[ivi[ies. PACE THREE MINUTES JULY ll, 1988 lotion: Approve the Use by Exception fora home occupation sub- mitted by Matthew Smith, 705 Sailfish DrLVe for an office for his lawn service business with no outside scorage of equipment. No discussion hefore [he voce. Motion carried unanimously. for Mayor Novell opened [he floor for a Public Hearing and invited comment from the audience. Ne announced the Community Development Board had recommended approval. As no one spoke for or against the Exception, tl Mayor declared the Public Hearing closed. Ho[ion: Approve [he Use by Exception submitted by William J. Collins for a convenience food store with retail sale of gasoline a[ 1211 Maypor[ (Northeast corner of Mayport Rd. and Plaxa.) No discussion before the vote. Notion carried unanimously. 6. Action on Ordinances A. Ordinance No. 90-88-133 - Public Hearing AN ORDINANCE AMENDZNG THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO RE20NE LA OWNED BY BEWE, LTD., AND DESCRIBED ON EXFII BIT "A" ATTACHED HERETO FAO OPEN RURAL (OR) i0 A PLANNED UNIT DEVELOPMENT (PUD); PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in uric ing Ordinance No. 90.88-133 on first reading. io comply with requiremencs of the Department of Commun P.ffairs and other agencies, Mayor Novell opened Che floor fora Public Hearing and invited conmencs from [he audience. One lady asked if [her would be more condominiums or apartments. The Mayor told her the prole called for single family homes, zero lot line. As no one else spoke fo or against [he pro~ec[, the Mayor declared [he Public Nearing closed. NAME OF C0bII.U1S. NI S V Y V N t Son I Cook x Edwards x Culliford x x Jensen x x Novell x Cook x x Edwards x Gu111fwrd x x Jensen x Howell x ty t The Mayoz opened [he floor fora Public Nearing and invited comments Erom [he audience. He announced the Community Development Board had recommended approval of the Dse by Exception. As no one spoke for or against the Exception, Mayor Novell declared the Public Hearing close< PAGE TWO y Y MINUTES NAIL OF JULY ll, 1988 CaMbnis. M S Y N 4. Commissioner Jensen's ReDOr[-continued Commissioner Jensen reported the Committee met ac I:JS p.m. on Wednes- day,July 6, 1986 at Ci[y Hall. He requested Che minutes of [he meeting be corrected. The fourth paragraph should read A study of each of the individual bids showed that some confusion apparently existed in the _minda of the bidders ae to exactly what the Ci[y vas req ues[ing Commissioner Jensen Bald Che five bids received ranged from approximac ly $1,200 [o $35,000. The Committee recommended [hat the City Commission reject all bide, redraw the specifications, be more precise, and re- advertise the project. lotion: Reject all bids, and re-advertise [he project with more Cook x specificity as [o the spec if ica[ions. Edwards x x Gulliford x No discussion before the vote. Moc ion carried unanimously. Jensen x x # * * * * # * * * * * * x # # * * * # # # # * * * * # * # * * * Howell x 5. Action on Exceptions: A. Public Hearing on an application fur a Use by Exception for a home occupation by Herbert loller, 1911 Beach Avenue for using his home as a real estate brokerage office. Mayor Howell announced The Community Development Board had recommended approval of the Exception. The Mayor opened the floor fnr a Public Hea - ing and invited comments from the audience. As no one spoke for or against Che request, the Mayor declared the Public Hearing closed. Motion: Approve [he request fnr a Use by Exception for a home Cook x occupation by Herber[ Mollec, 1911 Beach Avenue, for using Edwards x x his home as a real estate brokerage office. Gulliford x x Jensen x During discussion before [he vote, Commissioner Jensen asked iE there Howell x would be a sign permitted, or would a sign be alloyed. Mayor Howell said [he Ordinance provided for a small announcement sign. Commissions Cook slated the State required [ha[ if you had a licensed zeal estate office, you moat have a sign. He asked if the sign would be visible fr m [he street. Mr. ?oiler had acaced in a letter to the Commission the sign would not be visible Co the public. The question vas called and t e motion carried unanimously. * * # * * * * * * * * # * # * # * * * * # # # # * # # * * k * H. Public Hearin on an a lication for exce tion fora home occu atio submitted by William slake at 230 Begonia S[.for a motio pi t pro- duction office with some editln on [he remises but no o,~[side slots Mayor Howell opened the floor for a Public Nearing and invited conmen[ from the audience. He said The Community Development Board had recomme d- ed approval of the exception. As no one spoke for or against, the Kayo declared the Public Rearing closed. Cook x Tbtion: Approve Che request for a Uae by Exception for a home Edwards x occupation submitted by William Blake ac 230 Begonia St. Gulliford x I x for a motion picture production office. No outside storage. Jensen x x Following discussion before [he vole, Che motion carried unanimously. Howell x MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON JULY ll, 1988 AT 7:15 P.H. PRESENT: William S. Howell, Mayor-Commissioner Robert B. Cook, Sr. Glenn A. Edwards William I. Gulliford, Jr. Alan C. Jensen, Conunisaionere AND: Richard C. Fellows, Ci[y Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, Ci[y Clerk The meeting vas called [o order by Mayor Howell. The irtvocation,offer~ by Commissioner Cook vas followed by the Fledge to the flag. 1. Approval of the minutes of [he regular meeting of June 27,1988 Ho[ion: Minutes of [he regular meeting of June 27, 1988 be approved as yr ic[en. No discussion before the vote. }bCion carried unanimously. # * * # # * # * # * * * * * * * * * * * * * * * * * * * # # * * 2 Recognition of Visitors - None 3. Action by [he Ci~^ Co issio on pr p ed program of Special Asses mert[ Improvements Mayor Howell presented in full, in writing, Resolution No. 88-11, a Resoluticn of the CS[y of Atlantic Beach, Florida, to adjust and equa ize special assessments for Seccion (H) and to confirm such special assessments as adjusced and equalized following a Public Hearing; esl liahing that the final assessment roll is on file with the City Cler} authorizing use of [he Ad Valorem Tax Collection method Eor collectlc of such special assessments following a Public Nearing; directing the bide be obtained for the improvements upon receipt of final plans an< specifications; and providing an effective dace. The Mayor asked for a motion [o table the Resolution and explained t< [he audience Ef the Commission tabled the Resolution, the project wo, be on hold. In the even[ other alternatives could be .found that were economically feasible Co go ahead with the project, Che Commission w not have to star[ all over again. Motion: Table Resolution No. 88-11. No discussion before the vote. Motion carried unanimously. * # # * * * * * * * * * # * * * * * * * # * * * * * * * # * * * f 4. Commit cee Reports ME OF COMMAS. 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 Cpok x x Edwards x x Gulliford x Jensen x Rowell x s 1 a n t it m d Cook x Edwards x x Gulliford x x Jensen x Howell x m [1 o We are enclosing minutes of the Pension Board of Trustees meeting on Thursday night for your information. You will see from the minucea they are makSng some recommendations relative to a letter from Tlarvin Clayton and also relaclve co another change in [he pension plan. The Ordinance they have proposed is enclosed and simply changes [he maximum pension chat a retiree can realize based on more up to date vording of the Florida Statutes. The Pension Board Ss recommending that the City Commission approve the Ordinance. If it is Sn order, Che Comission can introduce the Ordinance and se[ it for a public hearing at the meeting of August 8, 1988. o Selva Lakes Unit III is ready for plat approval. This project vas approved as a Planned Unit Development back in 1985 to be developed in three phases. This is the third and final phase and ve have had [he plat examined by the various departments and find i[ to be Sn order. If the Commission concurs, they may authorize the Mayor and Clerk to sign. o A petition is being circulated Sn the community regarding the Seventeenth Street 6caeh access. We are enclosing one copy of the peti[Son and you will note [here appears to be considerable energy exerted to get people to come [o the meeting on Monday night regardirg [his matter. on Block 216 which Ss way out near Galdiola Street and is not even in the special assessment prol act. Approved [he amending of the Ordinance ort CL to secs®ode[e e Goodyear Service Store in [he Pred Levis shopping area, and also approved the use by except lan which he hsa requested. These two items will come back to the City Commission on August 8, 1988. E. About fifty or so people attended [he meeting to hear the petition of the Pleat Landing developers for amendment of the Comprehensive Plan for the rezoning of that area to Planned Unit Development. Most of the crlt is ism of the plan has to do ylth the main entrance being on Selva Narine Drive, but [here were very few comments from people who opposed the plan. o Please find enclosed a copy of a letter from Smith and Gillespie to Lester Cr Lffis at Jacksonville Beach outlining their proposal for engineering services in connection with developing [he master plan for regional sever development. You will note the coat Ss reported [o not exceed $30,000.00 which will be shared by Jacksonville Beach, Neptune Beach and :.tlan[ic Beach on the same basis as the original 201 Plan. The reason the letter is addressed [o Lester is because under [he original 201 Plan, Jacksonville Beach acted as the lead agent. o There will 6e one Ordinance up for public hearing on Nonday night. This Ordinance amends the Zoning Ordinance to provide additional uses by exception in a CPO district alloying low intensity service establish- ments, banks, and financial institutions and government buildings and facilities by exception. o Ne have had some problems with Noblcats and catamarans on the beach. People complain about the fact these are left on the beach and pulled up into the dunes, damaging either [he dunes or seaoats, or both, and it my understanding some legislation Ss being developed to regulate [he storage of these boats on the beach. o Lester Criff is and Paul Brown, the City Naaager and Police Chief of Jacksonville Beach, had asked if ve would consider giving [hem some cemporary assls[ance with dog control in the beach area. Ne currently are having Hee7ay Lester make a run all the way up to Jackawville Beach at the sane time she covers wr beech for purposes of ascertaining dust how long the trip takes and what is involved. The City of Jacksonville Beach will reimburse Atlantic Beach for her time and [he expenses in connection thereto. During her pass along Jacksonville Beach she hands out copies of the Jacksonville Beach Ordinance which prohibits dogs on the beach. This is dust to bring you up [o date and to let you know chat the program is experimental and is being undertaken Sn a spirit of cooperation. If anyone has any problems with [hie, please let me know. ,,,... . CITY OF 1~la«t!e 6caek - ~latufa July 2l, 1963 To: From: Sub]ecc: The Honorable Nayor and City CommSSSloners Richard C. Fellows, City Manager STATUS REPORT [I60CEAN BOULEVARD P.O. BOX Y6 ATLANTIC BEACH. PLORmA 92899 TELEPHONE 19x91 Y•&9:B16 o Please find enclosed copy of the minu[es of the meeting of July 11, 1988, along with any mall from your mailbox rhich you had not already picked up. o Bids will be received on Monday evening for the striping of Seminole Road and Plaza. Plaza is being resurfaced and will need res[ripinR, and [he striping on Seminole Road is beginning to fade rather badly. o Ac the request of the City Commission re have worked out ad agree- ment with the telephone company to provide a public telephone outlet at [he City Hall. The company requires the execu[ion of a three-year agreement in order co recoup [he investmenC Sn [he ins[allat ion from coin usage. A copy of the agreement is enclosed and this will be a sub]ec[ for discussion on Y.onday nigh[. o The Community Development Board took action on a number of items on Tuesday and is forwarding, with tecommenda[ions, the follwing: A. Recommend approval of an application for exception from J.E. Gipson [o operate painting and repairs out of his home. Gipson apparen[ly has been operating out of his home for the last ten years and does not store any materials at his home and ]usC has hie regular truck rhich he uses in his business. B. Reco®end approval for a variance from the septic tank regu- lations in Section N for Lav[ence Ross. Nr. Ross is storing automobiles for Navy people on Overseas duty and wishes [o tonscruc[ an office, and in doing so, wishes to have sanitary facilities available. At the present time he rould have to run almost 600 feet and he agrees to connect to the public sever when 1t becomes available. C. Recommend approval of request for a variance from the septic tank moratorium in Section N for Harcua Pram who 1s building `~ OkD1NANl:E NO. 90-bb-133 AN OKDINANCE ANENUING THE UHUINANCE CUU6 UF' THE CITY UF' ATLANTIC BEACH, FLUKIDA; ANENUING CHAPTER 29, THE COMPREHENSIVE ZONING ORDINANCE ANU LAND DEV EI_UPMENT CUUE BY ANENUING THE OFYICIAL 'L ONING MAP TO REZONE LAND OWNED BY NEVUS, LTD., ANU DESCRIBED ON E%H1B1T 'A• ATTACHED HENETO FROM OPEN HUNAL (OR) TO A PLANNED l1NIT DEVELOPMENT IPUU); PROVIDING AN EFFECTIVE DATE WHEREAS, The Community Development Board o1 the City of Atlantic Beach has considered a request Lo change a zoning claeeif ication submitted by Bevue, LTD., and held a public hearing on same on .tune 21, 19bd, and WHEREAS, The City Commissien does exercise its porera to amend the Land Development Code, including the Official 'Zoning Map, in order to encourage the appropriate use of land, and WHEREAS, The rezoning ie consistent with the Comprehensive Plan, and the rezoning rill not adversely effect the health and safety of the residents of the area, antl rill not be detrimental to the natural environment or to the use or development of the ad,7 scent properties 1n the general neighborhood, NOM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION QF' THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Tne Official Zoning Map of the City of Atlantic Beach is nereby changed to reflect the nev zoning of property deecriDed on Exhibit °A', from Upen Nurel (ON) to a Planned Unit Development (POD). Section 1. Thies ordinance shall became effective Smaedlately upon ire adoption. Paeaed Dy the City Commission on first reading___________ Paaaed by the City Commission on second and final reading ___________________________________________ William S. Horell, Mayer, Presiding Officer ADProved ae to Form and Correctness: Claude L. Mullis, City Attorney (SEAL) AdelaiA:~ 6. Tucker, i ~• ,. ~.. ~ { NOTICE OF PUBLIC HEARINGS CITY OF ATLANTIC BEACH Notice is hereby given [he Ci[y Coamission of Atlantic Beach, Plorida will hold PUBLIC HEARINGS on July 11, 1988 at 7:I5 p.m. at City Nxll, 716 Ocean Blvd. for the purpose of hearing and considering the views of the publ Lc coot erning the following request for Use by Exception: Appl icatfon for a use by exception fora home occupation submitted by Herbert Holler, 1911 Beach Avenue for using his home as a real estate brokerage office. Application for a use by exception Eor a home occupation submitted by William Blake at 230 Begonia Street, fora motion picture production office with some editing on the premieea, end no outside storage. Application for a Use by Exception for a home occupation submitted by Hatthew Smith ac 705 Sailfish Drive for a Lawn service office with no outside sccrage of equipment. Application for a Use by Exception submitted by William Collins [o alloy a convenience food store with retail sale of gasoline a[ 1211 Maypor[ Road. Application for amendment of the City Comprehensive Plan to change the land use ad3acent to Sevilla Condominiums from Open Rural [o a Planned Uni[ Development. All persons interested are notified to be present ac said time and place and they shall be heard. If a person decides [o appeal any decision made by the City Cocmalssion with respect to any matter considered at arty 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. Publ iahed: Beaches Leader 6/29/88 - Purchase Order /3512 Posted: City Nall Po s[ Office 1911 Beach Avenue Atlantic Beach, FL 32233 July 6, 1986 Mr. Richard C. Fellows, City Manager City of Atlantic Beach 716 Ocean Boulevard P. O. Box 25 Atlantic Beach, FL 32233 Dear Dick: I refer to our conversation of today concerning the 7:15 p. m. meeting of the City Commission on Monday, July 11, during which my application for Home Occupation "Use by Exception" will be considered. The application was approved by the Community Development Board on June 21, 1988. Please express my apologies to the City Commission that I will be unable to appear as I am obliged to be in Washington next week. I believe I submitted sufficient documentation with my original application to answer any questions that might arise. I would, however, like to emphasize the fol- lowing: 1. Approving my application would have no negative effect on the neighborhood and I would generate no addition- al traffic. The small sign permitted by the regulations would not be visible to the public, both because of its size and because I have a cypress fence enclosing my yard. Second- ly; if my application is not approved it will cause me a con- siderable financial hardship as I would have to rent office premises. Through the kindness of a friend I am presently able to use his office, however, this is not a satisfactory long term solution. With all good wishes, I am S~ Herbert B. Moller, Jr. PACE EICHT MINUTES JUNE 27, 1988 NAME OF COMMRS. M S V Y N Miscellaneous - continued !b [ion: Authorize [he CL[y A[[orney [o prepare an Inter-local Edwards x x agreement between Atlantic Beach, Neptune Beach, and the Culliford x x City of Jacksonville to use "Bed Tax" funds for a feast- Jensen x b itity study for a world class swim center. The agree- Howell x men[ [o be presented at [he nezc meeting. No discussion before the vote. lotion carried unanimously. * * * * * * * * k * * * * * * * fi * * k * * * * * Commissioner Gull iford reported on [he Comoic[ee He et ing on a Transfer Station. They asked Mdy Nay to proceed with evaluating Transfer Staci ns and report back as soon as possible with appropriate recoaunendatlons. r. May vas concerned relative to delays far permits. Possible locations were also discussed. The City Atcorney will furnish the Ci[y Manager [he latest Statute on the recycling requi remen[s and solid waste mans - men[. Hr. Fellows will furnish each Commiae loner a copy of the Scatut Mayor Novell assigned [o Commissioner Gulliford's Conmi[tee the study of the latest Statute. Some requirements had to met prior [o Oc cober 1 , 1988. * * * k R * * * * R * * R * * * * fi * * * * R * fi fi k fi To comply with Florida Statutes 99.012, Mayor Nowell submt[[ed his letter of resignation as Mayor-Commissioner, Seat I, effective on the dace he would assume office if elected co the House of Representatives , Plorlda Legislature, or at 12:01 AM, November 9,1988, whichever occurr d earlier. Copy of his resignation accached here co and made a pare [here f. Commissioner Gulliford requested the City Attorney draft an appropria[ Resolution chat would recognize and express [heir appreciation co the Mayor for his service to the Cicy of Aclan[ic Beach. Commissioners Edwards and Jensen also wished the Mayor "Good Luck". * * R k * k * * fi * * * * fi * * * * * * * * Mr. Yellows reported briefly on the new proposed program called the City of Atlantic Beach Employee Assts [ante Program. He had considered using the firm Resource EAP, Inc. that vas highly recommended by the City Atcorney. Notion: Authorize the City Manager [o utilize [he firm Resource Edwards x EAP, Inc. on a day to day basis until the new bud ge c. Gulliford x x~ Jensen x x No discussion before [he vote. lotion carried unanimously Howell x # R k* fi fi fi R R fi fi fi* k*** fi fi** k** R fi k* k* k k There being no other bus mess to wme before the Commission, the Mayor declared the meeting adjourned. ATTEST: wflliam S. Novell Mayor/Presiding Officer Adelaide R. Tucker City Clerk PAGE SEVEN MINUTES JUNE 27,1988 Action on Ordinances - continued 90-88-131 The City Attorney suggested the Commission, Sf they so desired, not p: Ordinance No. 90-88-131 with the understanding they would pass 90-88-. on First reading and set [he Public Bearing, and refer the Ordinance i [he Cocmurtity Development Board. Motion: Not to pass Ordinance No. 90-88-131 an second and final reading, vLth the understanding Ordinance 90-88-143 would be passed on firs[ reading. Ho discussion before Che vote. Motion carried unanimously. * * * * * * i i * * * * * * * * * * * i * * * * * * * * * * * ORDINANCE N0. 90-88-143, AN ORDINANCE ANENDING THE ORDINANCE CODE OF ' CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-110, TO PROVIDE FOR CHANGES IN THE USES HR EXC ION IN THE COMIERCIAL LIMITED (CL) DISTRICT; PROVIDING AN EFFECTIVE D. Mayor Howell presented Ordinance 90-88-143 in full, in writing, on fi reading. Motion: Passage of Ordinance No. 90-88-143 on first reading. No discussion before the vote. Motion carried unanimously. Mayor Howell sec [he Public Hearing for August 8, 1988. The Ordinance to be referred Co the Community Development Board to report back no later than July 25, 1988. Motion: Refer [he appllcat ion for exception for Fred Lewis back to the Community Development Board along with Ordinance No. 90-88-I4J to report back no later than July 25, 1986. No discussion before the voce. Tbtion carried unanimously. The Mayor set the Public Nearing for August 8, 1988. 10. Miscellaneous The Mayor announced that Mr. Nicholson, coordinator for the world cla swim center had met vi [h representatives from Atlantic Beach and Nept Beach, and Councilman Jarboe from Jacksonville, and representatives f Ocean State Bank. Their recommendation vas to use the funds from the" lax" for a feasibility study. Jacksonville Beach vas unable co part is as their "Bed [ax" funds were already pledged Co their seavalk proj ec The Ci[y Attorney will prepare an inter-local agreement [o present at the next meeting. NAb~ OF COMMAS. M S V Y V N 3 Edwards x x Gulliford x ]ensen x x Howell x E E. t Edwards x x Gulliford x x Jensen x Howell x Edwards x x Gulliford x Jensen x x Novell x a u e r m d 1 ate Mayor Novell requested that ICem 9(A) be. referred back [o the Covm:uni Development Board to report back on July 25, 1986. PAGE SIX V ~ lII MUTES NAbg OF JUN'[ 27, 1988 COMMAS. M S Y N 7. A.Accion on Variance Co allow septic tank - continued lotion: Grant approval for a variance [o alloy installation of a Edwards x x septic tank on Lot 6, Block 211, Section H, Gladiola St. Gulliford x subject Co [he applicant tying into the public system Jensen x x when i[ becomes available. Howell x No discussion before the vote. Ho[ion carried unanimously. * * * * * * * * * * * * * * * * * * * * * k * * * 7. B. C. D. E. and F. Mayor Novell acknowledged applications for: a home occupation for Mr. Herbert Moller, 1911 Beach, for a real estate brokerage office, a home occupation for William Blake, 230 Begonia SC. fora motion picture production office, and a home occupation for Hat[hew Smith, 705 Sailff h Drive for a lawn service office with no oucside scorage; an applicacio for exception by William Collins to alloy a convenience food store vi[ retail sale of gasoline at 1211 Hayporc Rd.,and an application for ame d- ment of the Ci[y Comprehensive Plan [a change the land use adjacent Co Sevilla Condominiums from Open Rural [o a Planned Unit Development. Th Mayor set Public Hearings for all of [he above for July 11, 1988. 8. Ac[Son on Ordinances: A. Ordinance No. 90-88-131 - continued Public Hearin and final read in AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND ND DEVELOPltENf CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND O ED BY PRED LEWIS, INC., AND DESCRIBED AS PART OF TRACT "A" ROYAL PALMS UN T ONE AS SHOWN ON EXHIBIT "A" ATTACHED HERETO FROM COMMERCIAL LIMITED (C ) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. Mayor Novell announced there would be a continued Public Hearing on ch Ordinance [hat vas discussed a[ length a[ the last meeting, and post- poned in order to hold a meeting with the Property owner and City Officials. The Mayor met with Mr. Levis and Hr. Noe, his Attorney, and Hr. Akre, owner of the property south of [he subject property. Wi [h [h limited zoning on Mr. Levis's property, 1[ vas difficult to improve th occupancy. The Mayor suggested [he Commission deny [he rezoning and send S[ back to the Community Development Board wich recomnenda[ions t at they look at an Ordinance that would change Commercial Limited under t e Use ey Exception to allow all Uses By Exception permitted in Comnercia General. AC the meeting, Hr. Levis agreed to construct a 6' high chain link fence on top of [he existing brick wall; he will construct a con- crete block wall in [he alley on the southeast corner of his property. Mr. Lewis will also reconstruct the concrete block enclosure that used to house [he dumpster, that according to Mr. Levis, vas knocked down by a city truck, and move the dumpster away from Che back wall. The existing gates on the north end would be removed, [hereby closing [he back alley. Adequate lighting would be ins called in the parking lot and dumpster area. Police assistance would be requested at closing. D° PAGE FIVE HINUTES JUNE 27, 1988 5. C. Commissioner Cook with recommendation no[ bid due m their busy schedules. Following evaluation, i[ vas Che unanimous consensus of the Committee co recommend to the Com®ission chat Atlantic Coast Asphalt of Jacksonville be awarded the contract 1n [he amount of $43,278.19. Motion: Award [he contract for street resurfacing [o Atlantic Coast Asphalt of Jacksonville, as [he loves[ and best bid, En the amount of $43,278.19. No discussion before [he vote. Ho[ion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Fellows reported on the sidewalk construction, three bids were received. In the breakdown, he had requested certain amount of concrete for sidewalks and certain amount for basketball courts at Donner and Russell Parks. The Committee reviewed the bids on the basketball courts and recommended chat portion of the bids be rejected, as they were too high.( both over $18,000 for 2 courts). Following discussion on [he sidewalks, the Coo®ittee reco®ended co the Commission the contract tentatively be awarded to Clark but only after the Ci[y Manager fully checked the company out. Clark Contractors did not comply with requirements on bid bond. A lengthy discussion followed. lotion: Award a contract for sidewalk construction to Vallencour[ Construction Co. of Orange Park, Fi. in the amount of $84,500.00. No discussion before the vote. iMtion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * under Motion: Authorize the City Manager to advertise under the Consultants Competitive Negotiation Act Eor the prep- aration of plans and specifications for repairs to six sewage lift stations. No discussion before Che voce. Mo cion carried unanimously. * 4 k * i * * * * * * * * * * * * * * * * * i * * i * * * * * * * 7. Acknovl edge receipt of communications from the Community Developme~ Board and ac[SOn by [he City Conmiss ion o„ same: A. Action on recommendations of the Co,mnuni tv Development Board to gr. Mr. Fellows reported this vas a homestead for [he owner's children. NAME OF COMMHS. M 5 V Y Y N Edwards x Gulliford x x Jensen x x Novell x Edwards x x Gulliford x x Jensen x Howell x Edwards x x Gulliford x x Jensen x Howell x t PAGE FOUR ~ Y MINUTES NAME OF JUNE 27, 1988 COMMAS. M S Y N 5. Committee Reoor[s A. Commissioner Alan Jensen Yith a Conmittee Report and recommendation relative to a new lighted tennis court a[ Russell Park Commissioner Jensen reported the Comni [tee met on Nednesday, Junc 22, 1988 a[ CS[y Nall at II:15 a.m. to review and evaluate Che Chree bids received. The loves[ and best bid Yas from Sport Courts, L,c. The Committee recommended unanimously that the Commission award [he bid to Spoz[ Courts, Inc. Motion: Award the bid for a neY lighted asphalt tennis tour[ a[ Edwards x x Russell Park co Sport Courts, Inc. in the amount of Gulliford x $18,270, as the loves[ and best bid. Jensen x x FolloYing discussion before the vote, Motion carried unanimously. Howell x k * * * * * * * * * * * * * * * * # * * * * * * * t * * * * * Mayor Novell presented in full, in writing, Resolution No. 88-I0, a Resolution to transfer sufficient funds frog the General Fund to the Capital Projects Fund to fund the cons[ ruction of the tennis court a[ Russell Park. This vas a budgeted item for FY 87-88. 2b[ion: Passage of Resoluc ion No. 88-10. Edwards x Culls Eord x x Jensen x x No discussion before the vote. ib [ion carried unanimously. Novell x B Co®issioner Glenn Edwards With the committee to O[C and recoamendat on relative to installation of aerators a[ the sewage effluent pond and Aguatic Gardena retaining basin Commissioner Edvarda reported the Co®SCC ee me[ on Nednesday, June ISt at 3:15 p. m. in City Hall [o evaluate the bide. One alternate bid vas received which would have been selected, but the City Atccrney advised [hey could no[ recommend an alternate bid due to [he fact the other bidders Yere not given [he same opportunity. Following a lengthy dis- cueaion, the Committee voted to recommend the Commission award [he bid [o North Plorida Irrigation Yhose bid vas $9,500.00. Discussion ensued relative co the procedures to ask for alternate bids MpCiOn: Rej ec[ all bidders. Provide specifications for alternate Edwards x bids, and advertise for neY bids. Gulliford x x~ Jensen x x~ No discussion before the voce. Notion carried unanimously. Howell x * * * # * * * * # # # # # # * * } * * k * * * * * * * * * * * k O. Commissioner Robert Cook Yith a report and reconmend anon on street resurfacing and sidewalk construction Mr. Fellows reported fot Commissioner Cook. Specs (ic scions were mailed [o twelve firms. Four responded, of which two, E. v. P. and 8arco, could PAGE THREE MINUTES JUNE 27, 1988 4. B. Bill Armen[rout - continued The Environmental Protection Boa rd of the City of Jacksonville adopted a Rule III which es ta6lished Kegional Utilities in Duval County, and also se[ up a requiremu:n[ for [hose ucili[ies to develop Master Plans and upda [e [hem every Cvo years. The Ci[y of Atlantic Beach, along with the other beach communities, vas named as Re glonal Fad if ties in the rule. A Regional Master Plan has to be developed by Jan. I5, 1989. Since the 201 facilities plan has already been developed some time ago Mr. Arment rout said all [ha[ was required now vas [o update that 20l plan. The cost could 6e shared among the three beach conmunitfes. Currently Jacksonville Beach would pay two-thirds (2 /3) of the cost, Atlantic Beach roency-two (22X) percent roughly, and Neptune Beach would pay eleven [o twelve (I1-12%) percent of [he cos[. Mr. Armentrout explained Che scope of the study would include establis went of goals for achievement award quality, planning For expansion to arco®odace growth, planning for phasing out non-complying wastewater facilities with in our region and reducing septic tank utilization. The Buccaneer plant, as well as ocher areas [ha[ ve might van[ to include in our region would tome into play within the expansion of growth and determin ing the most effective means for expanding to provide Eor [hat growth. Discussion followed re our pro-rata share including Buccaneer. got ion: Agree Sn concept to proceed with the study and report bark. Hr. Arment rout will check into using the current inter- local agreement for the development of [he regional master plan for sewer as required by DER and Bio-environmental Services by January 15, 1989. No discussion before the vote. Motion carried unanimously. * * * * * k * * * * * * k * * * * * * * * * * * * * * * * * * * Motion: Authorize Smith A Gillespie Engineers to undertake a feasibility study (Part 1) for the possJ.ble consolidation of the Buccaneer and Atlantic Beach sever plants, not [o exceed $7,000. Part II would not be put into place unless i[ vas agreed Co later in writing. No discussion before the vote. Hotfon carried unanimously. * * * * * * * * * * # # * # * * * * * # k * # # * # k # * k # G C. Rev. Pie rte Ewing [o discuss the status of Jordan S[. in Che vie Enl[y of Ht. Pisgah Church ftev. Evinq offered a brief ou[l ine of [heir Church's plans to combat drugs. He commended Chief David Thompson for Caking interest in the program. On July 6,1988 at 7:30 p.m. a meeting will be held at MC.Pisg~ Church on drugs. Chief Thompson will be present, and all Interested persons were also invited co attend. Rev. Eying asked the Commission to put some money in next year's budge fot [he possible paving of Jordan SL in [he vicinity of M[.Pisgah Chun NA-+LE OF COMMHS. M S V Y V N Edwards x x Gulliford x x Jensen z Howell x Edwards x x Gulliford x Jensen x x Novell x h h. PACE TWO V V MINUTES NAME OF TUNE 21, 1988 COMMAS. M S Y N 3. Bids - continued Motion: Bids be sent Co Committee [o repo[[ back a[ [he next Edwards x x meeting. Culliford x Jensen x x No discussion before the vote. !b [Son carried unanimously. Mayor Howell x Howell appointed Commissioner Jensen [o Chair [he Committee. • R • R • * * ! • t R • * * * • * * * * k R * * R 4. Appeatances• A. Nr. VSacent J. Schuppert, Executive Director of the Grzacer Jackson wills Area U.S.0. Mr. Schuppert offered a presentation of Che proposed new U50 [o be located on Mayport Rd. Approximately $890,000 had to be raised for con struc[ion of the building. Hz. SchupperE asked the City Commission to consider valuing the eater and aever impact fees for the new USO. They are receiving considerably other local governmental help. The Stale of Florida has allocated $50,000 out of [heir new budget for the consiruc - ion of the facility, and a 6311 is in committee in the City of Jackson vine for $100,000. Their present plane are to begin construe [ion in August, 1988. Mayor Howell told Mr. Schuppert [hat USO does a great job, and if [here vas any way the city could legally allocate funds he would cast an affirmative vote. The City Attorney advised [here could be a serious legal problem £n waiving the impact fees. Water and aever rates must be reasonable and uniform, and cannot be levied or applied in any preferential or discriminatory manner. There vas also [he problem of the bond Ordinance providing that [here shall be no fre sezvice. Polloving discussion, [he Cicy Manager vas instructed [o con- tact Mr. Schuppert in a few days after the City A[[orney had time [o research [he request. 4. B. Re reaentatives of Smith and Gilles ie Er. Sneers to discuss devel went of the regional sever master plan Mr. Bill Armentrout briefed [he Commission on the two items on the reg onal action. The first vas wmplying with the permit requirement chat vas c n- [ained in our perms[ to operate the new vas [swore[ plan[, and to disch rge its effluent through the regional outfall. Hr. Armentrout had contactz DER on behalf of [he beaches to determine the extent of their require- otencs. DER is proposing, in the future, to remodel the St. Johns River [o determine the level of treatment chat all [he communities are requi - ed [o meet, and they are asking the beach communities to assist them simply by collecting some background data that DER can use [o cal ibrat [heir model to be developed several years from now. Mr. Armen[rout dis cussed with DEA [he possibility of consolidating [he requirement for a 1 three beaches and handle i[ an a regional basis through the current in er- lowl agreement He met with [he three City Managers for discussion, a d at present, had approval from Jacksonville Beach and Neptune Beach. There will be four sampling sea dons, two upstream and two dovnst ream from the outfall, and samples would be taken once per month. :IINGTES OF THE REGULAR HEFTING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON JUNE 21, 1988 A'C 7:15 P. M. PRESENT: William S. Howell, Mayor/Presiding Officer Glenn A. Edwards William I. Gulliford, Jr. Alan C Jensen, Commissioners AND: Richard C. £ellous, City Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk ABSENT: Robert B. Cook, Sr., Commissioner, Out of Town The meeting was called to order by Mayor Nowell. The invoca[ion,offeri by Commiss!oner Edwards vas followed by the pledge to the flag. 1. Approval of [he minutes of [he regular meeting of June 13, 1988 Motion: Minutes of the regular meeting of June l3, 1988 be approve, as submitted. No discussion before the vote. Mo[fon carried unanimously. t t t * * * * * * * * * * * k t * * * * t * * * * t * * * * * t 2. Recognition of Visitors - None 3. Bids returnable: A. Sealed bids for [he cleaning of certain drainage ditches within th, The following bids were received and opened 1. Aquatic Weed Removal Crystal River, F1. $ 3,008.00 City Co pay dumping fees 2. Barcorp, Inc., Jacksonville, F1.-clean only $ 6,960.00 Clean ditches and haul off material 13,920.00 Unit Lost: Clean ditches only $ L 50 per lln.f[. clean ditches and haul $3.00 per lin.ft. J. Environmental Services, Jacksonville, Fl. $35,000.00 4. The Lake Doctors, Winter Springs, F1. Mnual Eor Skate Road $ 1,8C0.00 Mnual for Russell Park $ 540.00 Mnual for Seminole Rd. $ 960.00 Underwater and vege [a[ion control program total as bid specified $ 2,760.00 5. Lake b Pond Nanagement ,Jacksonville, F1. will handle the project with the use of chemicals service per month based on yearly contract $ 2,500.00 Bid tabulation attached hereto and made a par[ thereof. *** t t z t z z x z z z** t** t z z z*** z IL OF COMMRS. M O T 1 O N 5 E C O N D V O T E D Y E S V O 7 E D N O Edwards Gulliford Jensen x Nowell cit r ~~f-' NOTICE OF PUBLIC NPARINGS CITY OP ATLANTIC BEACH Notice is hereby given the City Commission of Atlantic Beach, Florida viii hold PUBLIC HEARINGS on July I1, 1988 at 7:15 p.m. at City Nall, 7l6 Ocean Blvd. foc the purpose of hearing end cone idering [he view of the public concerning the following request for Use by Exception: Application for a use by exception for a home occupation submitted by Herberc lbller, 1911 Beech Avenue for using hie home se a real saute brokerage office. Application for a use by exception for a home occupation submitted by Nilliam Blake at 230 Begonia Street, fora motion picture production office rich some editing on the premises, and no outside storage. Application for a Uae by Exception for a home occupation submitted by Mat then Smith at 705 Sall Eieh Drive for a law eervlce office rith no outside storage of equipment. Application for s Uea by Exception submitted by Nilliea Colllna to alloy a convenience food store with retail agile of gasoline m[ 1211 Mayport Aoad. Application for amendment of the City Comprehensive Plan to change the land use adJ aces[ [o Sevilla Condominiums from Open Aural [o a Planaed Unit Developeient. All persons interested are notified to be present at acid time and place and they shall be heard. If a person decides to appeal any decision made by the Clty Co~lseion rich respect to any matter considered ac 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 [he testimony and evidence upon which appeal is to be based. Published: Reaches Leader 6/29/88 - Purchase Order 13512 Posted: City Nall Post Office L _. ~. 1911 Beach Avenue Atlantic Beach, FL 32233 July 6, 1988 Mr. Richard C. Fellws, City Manager City of Atlantic Beach 716 Ocean Boulevard P. O. Box 25 Atlantic Beach, FL 32233 Dear Dick: I refer to our conversation of today croncerning the 7:15 p. m• meeting of the City Commission on Monday, July 11, during i which my application for Hane Occupation "Use by Exception" will be considered. The application was approved by the . Community Development Board on June 21, 1988. Please express my apologies to the City Commission that I will be unable to appear as I am obliged to be in Washington next week. I believe I submitted sufficient documentation with my original application to answer any questions that ~~ might arise. I would, however, like to emphasize the fol- lowing: 1. Approving my application would have no negative effect on the neighborhood and I would generate no addition- al traffic. The small sign permitted by the regulations would not be visible to the public, both because of its size and because I have a cypress fence enclosing my yard. Second- ly; i£ my application is not approved it will cause me a con- siderable financial haidship as I would have to rent office premises. Through the kindness of a friend i am presently able to use his office, however, this is not a satisfactory long term solution. With all good wishes, I am Since~re~~~lyy, ~r"~ ~.~~ Herbert B. Moller, Jr. a- HINU1'ES The Comittee appointed [o evaluate bids for [he cleaning of certain drainage ditches in the Ci[y of Atlantic Beach me[ at 1:35 pm, on Wednesday, July 6, 1988 at the City Hall Atlantic Beach. Present were [he Chairman, Commissioner Alan Jensen, along with Acting Public Services Director, Don Ford and Ci[v Manager, Richard C. Fellows. Each member of [he Cositcee acknowledged receiving a copy of [he bid tabule[1on and same dissuasion ensued as [o why each of [he bidders had presented so such different information. A study of each of the individual bids shoved chat some confusion apparently excited in [he minds of the bidders as to exactly what the City vas requesting. Polloving further discussion the committee unan inously voted to recosmend that the Ci[y Cosmission reject all bids, redraw the speci- fications, be more precise, snd re-advertise the prej est. There being no further discussion, the meecing vas adjourned a[ 1:50 pm. w. 4. PACE EICHT MINUTES JUNE 27, 1988 NAME OF COMMRS. M S V Y ~ b lliscellaneoua - continued lotion: Authorize [he City A[[orney to prepare an Inter-local Edwards x agreement between Atlantic Beach, Neptune Beach, and [he Gull iford x City of Jacksonville [o use "Bed Tax" funds for a feas i- Jensen x bility study for a world class swim center. The agree- Howell z went to be presented at [he next meeting. No discussion before the vote. Ho[ion carried unanimously. * # # # # * * R # * * # # # * * # # # k * # k * k * * * * * * * # Commissioner Cullifozd reported on [he Committee Heating on a TransEe Station. They asked Andy Nay to proceed with evaluating Transfer Stat ns and report back as soon as possible with approprla[e recomnenda[ions. r. May vas concerned relative to delays for permits. Possible locations were also discussed. The City Attorney will furnish the City Manager Che latest Statute on the recycling requirements and solid waste mans - ment. Hr. Fellows viii furnish each Commissioner a copy of the Sta Cute Mayor Howell assigned to Commissioner Gulliford's Committee [he study of the latest Statute. Some requirements had to met prior [o Oc cober 1 , 1988. # * * * # # * * * * # * * * * * * * * k * * * * * To comply with Florida Statutes 99.012, Mayor Nowell submitted his letter of resignation as Mayor-Commissioner, Seat I, effective on the date he would assume office if slat cad to [he House of Representatives Florida Legfela[ure, or at 12:01 AH, November 9,1988, whichever occur d earlier. Copy of his resignation attached hereto and made a pare there f. Commissioner Gulliford requested the City Attorney draft an appropriat Resolution that would recognize and express [heir appreciation co [he Mayor for his service to the City of Atlantic Beach. Commissioners Edwards and Jensen also wished the Mayor "Good Luck". * # k * * * k k * * * * # * # # # # * * # k Mr. Pellova reported briefly on the new proposed program called [he City of A[lantlc Beach Employee Assistance Program. He had considered using the firm Resource EAP, Inc. that vas highly recommended by the City Attorney. lotion: Authorize the City Manager to utilize the firm Resource Edwards x EAP, Inc. on a day to day basis until the new budge[. Gul liford x x Jensen x x Na discussion before the voce. Motion carried unanimously Novell x k * * # k * * * * k * # * * * * * * * * # * * * * * # k * * k k There being no other business to come before the Cort®ission, the Mayor declared tht meeting adjourned. ATTEST: William S. Nowell Mayor/Presid Sng Officer Adelaide R. Tucker City Clerk PAGE SEVEN MINUTES JUNE 27.1988 Action on Ordinances -continued 90-88-131 The Ci[y Attorney suggested [he Commission, SE Chey so desired, not pt Ordinance No. 90-88-131 with [he understanding [hey would pass 90-88-I on first reading and set the Public tlearinR, and refer [he ordinance t the Community Development Board. Notion: No[ to pass Ordinance No. 90-88-131 on second and final reading, with [he understanding Ordinance 90-88-143 would be Passed on first reading. No discussion before [he voce. Motion carried unanimous ly. # k * # * * * # * # # * # * * k * * # * * * * * * * # * ORDINANCE NO. 90-88-143, AN ORDINANCE AMENDING THE ORDINANCE CODE OF 7 CITY OF ATLANTIC BEACH, ET.ORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-110, TO PROVIDE FOR CHANGES IN THE USES BY EXCE ION IN THE COlB1ERCIAI LIMITED (CL) DISTRICT; PROVIDING AN EPFECTIVE DP Mayor Howell presented Ordinance 90-88-143 in full, in writing, on fie reading. Motion: Passage of Ordinance No. 90-88-143 on firs[ reading. No discussion before the vote. ?btlon carried unanimously. Hayor Novell sec the Public Hearing for August 8, 1988. The Ord inante to be referred [o [he Community Development board [o report back no later than July 25, 1988. # * # * * * * * * * * * k * # # # # # fi * * * * * * k fi fi * # fi Tbcion: Refer the application for exception for Pred Levis back to the Community Development Board along wi [h Ordinance No. 90-68-143 to report back no later than July 25, 1988. No discussfon before the vote. tfo tion carried unanimously. The Mayor sec the Public Hearing for August 8, 1988. * R R * * * # * * * * * * # * * * * * * * * * * * * * * * * I0. Miscellaneous The Hayor announced [hat Mr. Nicholson, coordinator for the world clae swim center had me[ with represen [olives from Atlantic Beath and Neptu Beach, and Councilman Jarboe from Jacksonville, and representatives fr Ocean Slate Bank. Their recommendation vas to use the funds from [he"B Tai' for a feasibility study. Jacksonville Beach vas unable to partici as their "Bed tax" funds were already pledged to [heir seavalk project The City Attorney will prepare an inter-local agreement [o present at the next meeting. NAME OF COMMHS. M S V Y V N s 3 Edwards x x Gulliford x Jensen x x Howell x E E. t Edwards x x Gul li Eord x x Jensen x Novell x Edwards x x Gulliford x Jensen x x Novell x e m d ate Hayor Howell requested that Item 9(A) be referred back to the Communit Development Board to report back on July 25, 1988. PAC F. SIX MINUTES ' JUNE 27, 1988 NAME OF COMMRS. M S V Y V N 7_ A. AC[ion on Variance to allow septic tank - continued lotion: Grant approval for a variance Co allow installation of a Edwards x x septic tank on Lo[ 6, Block 211, Section H, Gladiola St. Culliford x subject co the applicant [ying into [he public system Jensen x x when it becomes available. Howell x No discussion before the vote. Motion carried unanimously. ~ :t a ~ ,t ~ • : x • • • x • • t • • x • • ~ • • + f ~ ~ + • • ~ 7. e. C. D. E. and P. Mayor Howell acknowledged appllcat ions for: a home occupation for Nr. Herhert Moller, 1911 Beach, foz a real estate brokerage office, a home occupation For William Blake, 230 Begonia St. fora motion picture production office, and a home occupation Eor Matthew Smith, 705 Sailfi h Drive for a lawn service office with no outside storage; an appl ica[1o for exception by William Collins to alloy a convenience food score wit retail sale of gasoline at 1211 Maypor[ Rd.,and an application for ame d- mene of [he City Comprehensive Plan to change [he land use adjacent to Sevilla Condominiums from Open Rural [o a Planned Unic Development. Th Mayor set Public Hearings for all of the above for July 11, 1988. 8. Action on Ordinances: A. Ordinance No. 90-88-131 - continued Public Nearing and Final readin AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACN FLORIDA; ANEHDING CHAPTER 24, THE COID'REHENSIVE ZONING ORDINANCE AND DEVELOPMENT CODE HY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND O ED BY PRID LEWIS, INC., AND DESCRIBED AS PART OF TRACT "A" ROYAL PALKS UN T ONE AS SHOWN ON EXHIBIT "A" ATTACHED HERETO FROM COlMF.RCIAL LIMITED (C ) TO COiHERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. Mayor Nowell announced there would be a con cinued Public Hearing on Ch Ordinance that vas discussed at length at the last meeting, and post- poned in order to hold a meeting with the property owner and City Officials. The Mayor me[ with Mr. Levis and Hr. Noe, his At [orney, and Mr. Akra, owner of the property south of the subject properly. With [h limited zoning on Mr. Levis's property, i[ vas difficult to improve th occupancy. The Mayor suggested the Commission deny the rezoning and send i[ back [o the Community Development Board with recommendations t at [hey look at an Ordinance that would change Commercial LSmited under t e Uae By Exception to allow all Uses By Exception permitted in Cooonercia General. A[ the meeting, Mr. Levis agreed [o construct a 6' hiKh chain link Eence on [op of [he exls[ing brick wall; he will construct a con- crete block wall in the alley on the southeast corner of his property. Mr. Levin will also reconstruct the concrete block enclosure that used co house the dumpster, chat according to Mr. Lewis, vas knocked down by a city truck, and move [he dumpster away from [he back wall. The existing gates on the north end would be removed, [hereby closing the back alley. Adequate lighting would be installed in the parking lot end dumpster area. Police assistance would be requested at closing. .m PAGE FIVE MINOTES JUNE 27, 1988 5. C. Commissioner Cook with recommendation not bid due to [heir busy schedules. Fo lloving evaluacion, i[ vas the unanimous consensus of the Committee to recommend [o the Commission [ha[ Atlantic Coast Asphalt of Jacksonville be awarded [he contract in the amount of $43,278.19. lb Lion: Award the contract for s[reec resurfacing [o Atlantic Coast Asphalc of Jacksonville, as the loves[ and best bid, in the amount of $43,278.19. No discussion before the vote. Notion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Hr. Fel lava reported on the sidewalk construction, three bids were received. In [he breakdevn, he had requested certain amount of concrece for sidewalks and certain amount for basketball courts at Donner and Russell Parks. The Committee reviewed the bids on the basketball courts and recommended that portion of the bids be rejected, as they were too high.( both over $18,000 Eor 2 courts). Following discussion on the sidewalks, the Committee recavmended [o the Cosm~ission the contra[[ ten[at ively be awarded to Clark buc only after the Ctty Hanager fully checked the company out. Clark Contractors did not comply vich requirements on bid bond. A lengthy discussion followed. Motion: Award a contract for sidewalk construction to Vallencourt Construction Co. of Orange Park, P1. in the amount of $84,500.00. No discussion before the vote. Ho[lon carried unanimously. * * * * * * * * k * * * * * * * * * * * * * * * * * * * * * * * Ho [ion: Authorize [he City Manager to advertise under the Consultants Competitive Negotiation Act for the prep- aracion of plans and specifications for repairs to six sewage lift stations. No discussion before the voce. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7 Ackn Ledge eipt of co i [ions from the Community Developm, Board d action by th City Commission on same: Hr. Fellows reported this vas a homestead for the owner's children. NAME OF ~pNp,{pg. M S Y Y V N Edvards x Gulliford x x Jensen x x Howell x Edvards x x Gulliford x x Jensen x Howell x Edvards x x Gull ifard x x Jensen x Howell x n a [ PAGk: FOUR V Y M1401'ES NAME OF JUNE: 27, 1988 COMMAS. M S Y N 5. Committee Reports A. Commissioner Alan Jensen with a Committee Report and remmmenda[ion relative Co a new lighted tennis court a[ Russell Park Commissioner Jensen reported the Comni ttee met on Wednesday, June 22, 1988 ac Cicy Hall at 11:15 a.m. to review and evaluate [he three bids received. The loves[ and best bid vas from Sport Cour [s, Inc. The Committee recommended unanimously [ha[ the Commission award [he bid to Sport Caur[s, Inc. Motion: Award [he bid for a new lighted asphalt tennis court a[ Fdvards x x Russell Park [o Sport Courts, Inc. in the amount of Gulliford x $18,2]0, as [he loves[ and best bid. Jensen x x Following discussion before [he vote, Motion carried unan imeusly. Novell x * * * * * * * * * * * * t * * * * * * * * * * # * * # fi Hayor Howell presented in full, in writing, Resolution No. 88-30, a Resolution to transfer sufficient funds from [he General Fund to the Capital Projects Fund to fund the construction of [he tennis court a[ Russell Park. This was a budgeted item for FY 87-88. ~ Motion: Passage of Resolution No. 86-I0. Edwards x Gulliford x x Jensen x x No discussion before the vote. Motion carried unanimously. Novell x B Commissioner Glenn Edwards with the co`mui[[ee repor[ and recortunendat on _ relative to inswllation of aerators at the sewage effluent pond and Ayuatic Gardens re coining basin Commissioner Edwards reported [he Committee met on Wednesday, June IS[ a[ 3:15 p.m. in Ci[y Hall to evaluate the bids. One alternate bid vas received which would have been selected, but the Lity Attorney advised they could not recommend an alternate bid due [o the fact the other bidders were not given the same opportunity. Fo lloving a lengthy dis- cussion, [he Committee voted [o recommend [he Commission award the bid to North Florida Irrigation whose bid vas $9,900.00. Discussion ensued relative [o [he procedures [u ask for alCCrna[e bids Motion: Ruj ect all bidders. Provide specifications for alternate F.dwa rds x bids, and advertise for new bids. Cull iford x x Jensen x x No discussion before [he vote. Motion carried unanimously. Howell x * * * # * * * fi * k * * * * * * * * # # fi # * * k * # # * * # * G. Commissioner Robert Cook with a report and re rommenda[ion on scree[ resurfacing and sidewalk construction Mr. Fellows reported for Commissioner Cook. SpeciCica[ions were mailed ro twelve firms. Four responded, cf which two, F.. W. P. and sotto, could PACE THREE HINUTES JUNE 27, 1988 . B. B111 Armentrout - continued The Environmental Pro[ec [ion Board of the City of Jacksonville adoptec a Rule III which established ReKional Utilities in Duval County, and also se[ up a requirement Eor those utilities to develop Maser Plans and upda [e [hem every two years. The City of Atlantic Beach, along with [he other beach communities, vas named as Regional Facilities in the rule. A Regional Master Plan has [o be developed by Jan. 15, 1989. Since the 201 facilities plan has already been developed some time agc Mr. Armentrout said all that vas required now vas to update [ha[ 201 plan. The cos[ could be shared among [he three beach ,communities. Currently Jacksonville Reach would pay two-thirds (2/3) of [he cast, A[lancic Beach twenty-two (22%) percent roughly, and Neptune Beach would pay eleven co cvelve (11-12X) percent of [he cost. Nr. Armentrout explained the scope of [he study would include es[ablis men[ of goals for achievement award quality, planning for expansion [c acco~odace grouch, planning for phasing out non-complying wastewater facilities within our region and reducing septic conk utilization. The Buccaneer plant, as well as other areas [ha[ ve might vans co include in our region would come into play within the expansion of growth and determining the most effective means for expanding to provide for [hat growth. Discussion followed re our pro-rata share including Buccaneer Notion: Agree in concept [o proceed with [he study and report back. Mr. Armentrout will check into using the current in[er- local agreement for the development of the regional master plan for sever as required by DER and Bio-environmental Services by January 15, 1989. No discussion before the vote. Motion carried unanimously. * * * * * * * * # * * * * * k * * * * * * * * * * * * * # * * * lotion: Authorize Smith b Gillespie Engineers to undertake a feasibility study (Par[ I) for the possible consolidation of the Buccaneer and Atlantic Beach sever plants, not to exceed $7,000. Yart II would not be put into place unless is vas agreed to lacer in writing. No discussion before [he vote. Ho [ion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 C. Rev. Pierce Ewing to discuss Che status of Jordan Sc. in the vicinity of Nt. Pisgah Church Rev. Eying offered a brief outline of [heir Church's plans to combat dncgs. He commended Chief David Thompson for Caking Snterest in the - program. Ou July 6,1988-at 7:30 p.m. a meeting will be held at M[.Pisg Church on drugs. Chief Thompson will be present, and all interested persons were also invited to attend. Rev. Eying asked [he Commission to put some money in next year's budge for [he possible paving of Jordan S[.in [he vicinity of Mt.Plsgah Chur NAME OF COMMRS. M S V Y V N Edwards x x Gulliford x x Jensen x Novell x Edwards x x Gulliford x Jensen x x Howell x h h. Fnce Two v v MINUTES NAME OF JuBe 27, 1988 COMMAS. M S Y N 3. Bids - continued Motion: Bids be sent to Committee to report back at [he next Edwards x x meeting. Gu111 ford x Jensen x x No discussion before the vote. Motion carried unanimously. Hayor Novell x Howell appointed Commissioner Jensen [o Chair [he Committee. 4. Appearances• A. Mr. Vincent J. Schu er[ Executive Director of the Greater Jackson vine Area U.S.O. Hr. Schupper[ offered a presentation of the proposed new USO [o be located on Maypor[ Rd. Approximately $890,000 had [o be raised for con struct ion of the building. Mr. Schupper[ asked the City Commission co consider waiving the water and sever impact fees for the new USO. they are receiving considerably other local governmental help. The State of Florida has allocated $50,000 out of their new budget for the construe - ion of the facility, and a bill is in committee in the City of Jackson vine Eor $100,000. Their present plans are to begin cons [ruction in August, 1988. Myyor Novell told Mr. Schupper[ that USO does a great job, and if there was any way the city could legally allocate funds he would cast an affirmative vote. The Ci[y Attorney advised there could be a serious legal problem in waiving the impact fees. water and sewer rates must be reasonable and uniform, and cannot be levied or applied in any preferential or discriminatory manner. There vas also the problem of the bond Ordinance providing [hat there shall be no Fre service. Following discussion, [he Ci[y Manager vas instructed [o con- tact Nr. Schupper[ in a few days after the Ci[y Attorney had time to research [he request. 4.8. Representa[ivea of Smith and Gillespie Engineers co discuss devel went of [he regional sever master plan Mr. Bill Armentrout briefed the Commission on [he two items on the reg onal action. The first vas complying with the permit requirement that vas c n- tained in our permit to operate the new wastewater plan[, and to disch rge its effluent through the regional out Eall. Mr. Arnen[rout had contacts DER on behalf of the 6earhes to determine the extent of [heir require- ments. DER is proposing, in the future, to remodel [he St. Johns River [o determine [he level o£ treatment [hat all [he communities are req ui - ed to meet, and they are asking the beach communities to assist them simply by collecting some background data that DER can use to cal ibrat their model to be developed several years from now. Mr. Armentrout dis cussed with DER the posaibilf Cy of consolidating [he requirement for a 1 three beaches and handle i[ on a Tegional basis Chrough [he current in er- local agreement. He met with the three City Managers for discussion, a d a[ present, had approval from Jacksonville Beach and Neptune Beach. There will be four sampling stations, [vo upstream and two downstream from the autfall, and samples would be taken once per month. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACN CITY CO[RAISSION HELD AT CITY HALL ON JUNE 27, 1988 AT 7:15 P. M. PRESENT: William S. Howell, Mayor/Presiding Officer Clenn A. Edwards William I. Gull iford, Jr. Alan C Jensen, Commissioners AND: Richard C. Fellows, City Manager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk ABSENT: Robert B. Cook, Sr., Commiss inner, Ou[ of Town The meeting vas called ~[o order by Mayor Howell. The invoca[ion,offen by Commissioner Edwards vas fol Lowed by the pledge to the flag. I Appr val of [h mutes of the regular meeting of June 13, 1988 lotion: Minutes of Che regular meeting of June l3, 1968 ba approve as submitted. No discussion before the voce. Motion carried unanimously. * k k * * * * k * x k * * * * * * * * * * * * * * * * * * * * * * 2. Recognition of Visitors -None 3. Bids returnable: A. Sealed bids for the cleaning of certain drainage ditches within th The following bids were received and opened L Aquatic Weed Removal Crystal River, F1. $ 3,008.00 City [o pay dumping fees 2. Barcorp, Inc., Jackaonvil Le, F1.-clean only $ 6,960.00 Clean ditches and haul off material ~ 13,920.00 Unit cost: Clean ditches only $1.50 per lin.ft. clean ditches and haul $3.00 per lin.f[. 3. Environmental Services, Jacksonville, F1. $35,000.00 4. The Lake Doctors, Winter Springs, F1. Mnual for Skate Road $ 1,800.00 Mnual Eor Russell Park $ 540.00 Mnual for Seminole Rd. $ 960.00 Underwater and vegetation control program total as bid specified $ 2,760.00 5. Lake b Pond Management,Jacksonville ,F1. will handle the project with the use of chemicals service per month based on yearly contract $ 2,500.00 Bid tabula[Son attached hereto and made a part [hereof. k k k k k** k k k k k k* k k** k k****** 'r fME OF COMMFLS. M O T 1 O N S E C O N D V O r E D Y E S V O T E D N O Edwards x Gulliford Jensen x Howell a ci[ { apecif lcatlona for [he repair of nix of the City's wetrells constructed under the recent savage improvement program. We also have mailed out notices on the fens ability study for the world-class srlm center, contingent upon an appropriate interlocal agreement being developed betreen Neptune Beach and Atlantic Beach for pavmenc of the study. o Dom Ford rill be vscatiwing in London and Scotland from July 7 thrwgh July 21. 1lauteen Ring will be out of the office on her vacation frw July 8 [o July 18. Finance Director Royal rill return from his vacation w Monday, July 11. The proposed City budget for the next fiscal year should be in the hands of the Ci[y Commission by August 1. Ac chat time ve will make acme recommendations to relative to public hearings, rorkahope, ate. Please call me if you have any thoughts or auggea[1wa. o Paclosed please find a <omnittee report frw Commissioner Alan Jenson w the recommendations relat LVe co Che bid advertising for cleaning of certain ditches in the City of Atlantic Beech. Ca®Sestoner Jenson will be prepared to report on Chia on Monday night. _. ~ year's current operating aillage is 1.6639 mils and debt service millage Ss .2391 for a total of 1.9030. If the Commission agrees, we would like to have this sillage certified at the meeting on Honday night. o There will be a number of public hearings on Monday nigh[ regarding exceptions. These are as follows: 1. Application far exception for a home occupation for Mr. Herb Hiller, 1911 Beaeh Avenue, for using his home as a real estate brokerage office. The Co®unity Development Board has recom- aended approval of this request. rir. Moller will not be able [a be at the meeting on Honday nigh[ but has submitted a letter in auppoxt of his application which ve hope the City Commission will consider. 2. Application foz exception for a home occupation for William Blake, 230 Begonin Street for a motion picture production office with acne editing on the premises and no outside atorage. 3. Application far ezcep[ion for a hrne occupation for Matthew Smith at 705 Sailfish Drive fora lawn service office with no outside atorage of equipment. 4. .Application for exception for William Collins to alloy a convenience food store with retail sale of gasoline ac 1211 Heyport Aoed. o George Bull and his associates have filed an application for amendment of the Coaprehensive Plan for the City of AtlanCic Beach to allow the developaent of a parcel of Property adjacent t¢ the Sevilla Condominiums and have asked for rezoning of the property from Open Rural to a Planned Unit Development. Poliowing the public hearing on Honday night, the infoxm[i¢n on the development will be sent to the Department of Commu¢liy Affairs and the various regional planning agencies for comaente, which are due [o be returned to Che City within forty-five days. After recelvl¢g [he comments, another public hearing will be scheduled before the plan can be finally approved. o There vas a ueting held on Wednesday night, July 6, 1988, at N[. Pisgah church off Prancis Avenue regarding the drug problem in the community. In a[te¢danee were Mayor Aovell, Commissioner Fobert Cook, the Clty Ma¢eger end Police Chief Thompson. The program vas spearheaded by Pearee Ewing, Pastor of the rir. Pisgah church and the other ministers in the eyes. Mayor Howell opened the program with a statement regarding the severity of the drug program and vas followed by David Thompson who treated the [ethnical aspects of a new program being undertaken by the Police Department to atop the floe of drugs in the community. A spirit- ed question and answer session followed and a subsequent meeting has been scheduled for August 15, 1988, at 7:30 PM ac the same church. o In accordance with the instructions of the City Commission, re- queate for proposals have been mailed out requesting qualified engineer- ing fixme to aubnit their interest in developing plans and ~: _. CITY OF ~Ala.rtie Bcaelc - ~lezida July 7, 1988 To: The Honorable Mayor and City Commiss Loners Prom: Richard C. Fellows, City P:anager Subs ecu STATUS REPORT ]IB OCEAN BOULEVARD P. O. BOX RS ATLANTIC BEACH, FIARD)A 9Tlal TELEPHONE IBMI R142]B6 o Please find enclosed your minutes of the last regular meeting of June 27, 1988, and any other information from your mailbox which you have not already picked up. We hope you will read over the drainage study completed by Smith and Gillespie as that will 6e a subj ec[ for discussion during the next budget year. o Please be thinking about alternatives in regards to the Section H Special Aesesameni Program. The Mayor has indicated the Commission would take some type of a vote on the proposal as it now scands and 1t will be an agenda item on Monday night. Several alternatives will also be discussed. o A[ the last meeting Vincent Schuppert of the Czeater Jacksonville Area U.S.O., appealed to the City Co®ission for some financial assis- tance in [he construction of their new service center. He indicated the City of Jacksonville was contributing $100,000.00 toward the construction of the new building and in checking this out with Councilman Jarboe, I em informed this matter vas budgeted under Che Social Services portion of the Jacksonville budget and [he Ci[y Council acted dust Tuesday night and approved the $100,00.00 appropriation from their regular funds. o Ye have been notified that the City of Atlantic Beach has been successful in their application for financial assistance in the acquisi- tion of beach access underthe state's Save Our Coast Beach Access Initiative. Our nme will now be processed by the Department of Recre- ation Services under the Department of Natural Resources and I expect there will be eoae $30,000.00 [0 535,000.00 in financial assistance for the City in [he eVenC the Twentieth Street access comes through. o The state requires that within thirty days of certification of the tax roll by [he Property Appraiser, the City of At lan[ic Beach must provide the Property Appraiser with a proposed mill age for [he nexc fiscal year. As we have done in the past, we are recommending the City adopt the current millage rate so that [hey can reduce it to the roll-back rate during the final budget hearings in September. This 7. Action by the CSty Caa~isalon on recommendatiana from the Cade Knforceaent Board relative to naming Karen Noore as Secretary [o the Cada Pnfozc!lent Board, and sasigning the d~[ies of Code Enforceaent Officer [o Rene Mgers, Comounity Development Director 8. Diacuasion regarding the advisability of creating a nev school cone croselog area on Swinole Road Sn [he vicinity of £Ce Snteraection with Selrs Marina Drive 9. Action by the City Coe.leslon to certify m111ege to the Propercy Appraiser for the 1987/88 yY e[ 1.6639 ails for operating and .2391 moils for debt service 10. Miscellaneous 11. Mayor Co cell on City Co~isaionera, City Attorney, City Clerk and City Manager for reports and/or cequesta Ad~our~uent a... CITY OF ATLANTIC 6FACH REGULAR HEFTING JULY I1, 1988 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of June 27, 1988 2. Recognition of visitors 3. Action by [he City Commission on proposed program of Special Assessment Improv®enta 4. Comities Reports: A. Comissioner Alan Jensen with a comities report end recomen- dacions relative [o the cleaning of certain ditches within the City of Atlantic Beach 5. Action on Exceptions: p, Public hearing on an application for a use by exception for a • home occupation by Herbert Moller, 1911 Beach Avenue, for using his home as a real estate brokerage office (Comunl[y Development board recomends approval) B. Public hearing an an application for exception for a home occupation submitted by Hi111m Blake a[ 230 Begonia Street for a motion picture produttlon office with some editing on the premises but no outside storage (Community Development Board recomends approval) C. Public hearing on an application for ezcept ion for a home occupation submitted by Hatthew Smith, 705 Sailfish Drive, Atlantic Beach, who wishes to use one of the bedrooms 1n his hose ae an office for his lawn service business with no outside storage of equ ipmen[ (Community Development Board recomends approval) D. Public hearing on an application for use by exception submit- ted by Wlllim J. Collins for a convenience Eood store with retail sale of gasoline at 1211 Hayport Road (Comunity Development Board recomends approval) 6. Action on Ord Snaneea: A. Ordinance No. 90-BB-133 Public hearing on an Ordinance proposing to amend the Atlantic Beach Comprehensive Zoning Ordinance and Land Development Code by mending the offldal zoning map [o rezone land owned by Bewe Ltd. adjacent to the Sevilla Condomin lone fros Open Rural to Planned Unit Development (Co®unlty Development Board recomends approval) s. btm..rsc. ~