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07-25-77 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA July 25, 1977 Call to Order Invocation and Pledge to Flag 1. Approval of the minutes of July 11, 1977 Approval of the minutes of Special Call Meeting of July 13, 1977 2. Recognition of Visitors 3. Correspondence 4. Report of City Manager 5. Unfinished Business A. George Carrison re Utilities B. Board of Adjustments Appointment of New Member C. Air Conditioning Police and Fire Departments D. Donner Park - Contract Agreement with Department of Natural Resources E. Maintenance Agreement - State Department of Transportation F. Ad for Fletcher Senior High Football 6. Report of Committees 7. Action on Resolutions 8. Action on Ordinances A. Ordinance 95-77-17 Third and Final Reading - Public Hearing 9. Miscellaneous Business 10. Adjourn Copies to Advisory Planning Board Members MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON July 25, 1977 AT 8:00 P.M. V V PRESENT: William S . Howell, Mayor-Commissioner 0 0 Robert B. Cook, Sr. T T Alan C. Jensen E E L. W. Minton, Jr. , Commissioners D D AND: R. C. Vogel, City Manager Oliver C. Ball, City Attorney M S Adelaide R. Tucker, City Clerk 0 E T C ABSENT: James E. Mhoon, Commissioner I 0 Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor-Commissioner, Mr. Howell . The invocation was given by Commissioner Cook followed by the pledge to the flag. Approval of the minutes of July 11, 1977 Motion: The minutes of the Regular City Commission Cook x x Meeting of July 11, 1977, be approved as Jensen x x submitted Minton x * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Approval of the minutes of the Special Call Meeting of July 13, 1977 Motion: The minutes of the Special Called Meeting Cook x x of July 13 , 1977 be approved as submitted Jensen x x Minton x * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Correspondence Mayor Howell read a request from Mrs. Then for permission to construct a duplex under P.U.D. Motion: Consider request for construction of a duplex Cook x x on Ocean Front under P.U.D. and refer appli- Jensen x x cation to the Planning Board. Minton x * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Unfinished Business A. George Carrison re Utilities The Mayor recognized Mr. George Carrison, representing Southern Gulf Utilities of Miami,who stated that he wished to formally offer the Oak Harbor utility systems for sale to the City of Atlantic Beach. He explained that the brochure which he presented to the Commissioners and Mr. Parks, contained details, including a print-out for the auditor ' s information. Mr. George Bull, Sr. , inquired as to the PAGE TWO V V MINUTES Names of JULY 25, 1977 Commrs . MS Y N Unfinished Business - continued possibility of a private individual purchasing the system if the City should decline . Mr. Carrison answered in the affirmative. After a short discussion, the following motion was made: Motion: Send brochure of the Oak Harbor system of Cook x x Southern Gulf Utilities of Miami that is Jensen x x offered for sale to the City Auditor, Mr. Minton x Lynton Tyson, for review. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * Board of Adjustment Appointment of New Member Mayor Howell inquired if anyone had a report from Mr. Onstott, regarding his re-appointment to the Board of Adjustment. Mr. George Bull, Jr. , answered in the affirmative stating Mr. Onstott would be glad to accept a re-appointment until September under the same conditions as Mr. Tinsley, i. e. , that a revaluation be made of Board of Adjustment ' s duties . Motion: re-appoint Mr. John Onstott to the Board of Cook x x Adjustment for the unexpired term. Jensen x Minton x x * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell , reminding the Commission that one appoint- ment is still vacant, asked for nominations . Mr. Cook inquired if the board could function without a replace- ment, and the Mayor replied only if all members were present. After a short discussion the following motion was made : Motion: Nominate Mrs . Dorothy Kerber to the Board Cook x of Adjustment for the unexpired term. Jensen x x Minton x x * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Air Conditioning Police and Fire Departments Mr. Vogel informed the Commission that the contractor who was awarded the bid has been delayed in obtaining a bond. Mr. Vogel suggested the bond be waived and withhold pay- ment until proof of payment is furnished. Mayor Howell stated that because of some slight changes, the cost of the bid will be reduced from $4, 595 to $3 , 300 . He indicated that the contractor ' s problem is that of time, not of inability to furnish a bond, and added that the Commission should allow the work to be done without the bond, and hold payment until proof of payment was sub- mitted. Mr. Ball asserted that the City should not take PAGE THREE V V MINUTES Names of JULY 25, 1977 Commrs . MS Y N A Air Conditioning - continued such a risk, and advised that the contractor not be allow,- ed llowed to proceed until bond was furnished. Chief Stucki stated the police and fire departments had been completely without air-conditioning for two weeks, thus making it very difficult for his men to spend 8 hour round-the-clock shifts in intense heat. After some discussion, the following motion was made : Motion: The City to pay the sub-contractors direct Cook x x for the air-conditioning work done at the Jensen x x Police and Fire Departments Minton x * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x D. Donner Park - Contract Agreement with the Department of Natural Resources Mr. Vogel stated that Mr. Goll had recommended that the Commission authorize the Mayor to sign the Donner Park contract with the Department of Natural Resources, and advised that a decision could be made at a later date as to how the money would be expended. Motion: Accept the grant from the Department of Cook x Natural Resources and authorize the Mayor Jensen x x to sign the contract for improvements to Minton x x Donner Park Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * E. Maintenance Agreement - State Department of Transportation Mayor Howell asserted that he had discussed the cost of maintaining the proposed signal light at Mayport Road and Plaza with Ed Voss Electric Company. He declared that the latter would be willing to sign a maintenance contract with the City for labor and materials, not in- cluding lightning breakdowns and light bulbs, in the amount of $25 to $40 per month, depending on the system installed by the State. Motion: Execute the maintenance agreement with the Cook x x Department of Transportation by Resolution Jensen x x 77-8 Minton x * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Copy of Resolution No . 77-8 is attached hereto and made a part hereof. F. Ad for Fletcher Senior High Football Mr. Vogel requested permission to purchase an ad for Cook x x Fletcher Senior High School Football in the amount of Jensen x $60.10Minton Purchase a $60 ad in the Fletcher Senior High HHoweoweln _ x x Howell x School Football program PAGE FOUR V V MINUTES Names of JULY 25, 1977 Commrs . MS Y N _,, ' —.4-- - 6--,.'f . ',Action on Ordinances Ordinance 95-77-17 Third and Final Reading-Public Hearing AN ORDINANCE AMENDING CHAPTER 14, SECTION 14.4, OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA PROHIBITING THE SALE, DISTRIBUTION, EXHIBITION, OR ADVERTISING FOR DISTRIBUTION OF OBSCENE MATTER AND PENALTIES THEREFOR Said Ordinance was presented in full , in writing, and read on third and final reading by Mayor Howell . Said Ordinance was posted in line with charter requirements. Mayor Howell then declared the meeting in session for a public hearing. As no one spoke for or against, Mayor Howell declared the public hearing closed. Mayor Howell opined that he felt the Ordinance did not pertain to Section 14.4, but more likely to Section 14-13 .1 . Mr. Ball stated the entire Ordinance should be shown as adding to Chapter 14, thereby precluding elimination of any section of the existing code . Motion: Change title to read "AN ORDINANCE ADDING Cook x x TO CHAPTER 14, OF THE CODE OF ORDINANCES OF Jensen x THE CITY OF ATLANTIC BEACH, FLORIDA, PRO- Minton x x HIBITING THE SALE, DISTRIBUTION, EXHIBITION, Howell x OR ADVERTISING FOR DISTRIBUTION OF OBSCENE MATTER AND PENALTIES THEREFOR" The Mayor declared said Ordinance 95-77-17 be passed on I third and final reading. * * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business Mr. George Bull , Sr. , informed the Commission of the construction of an eight foot fence at 1898 Sea Oats Drive that violated both the covenants and restrictions of Selva Marina Unit #9 and the City of Atlantic Beach Code . Mr. Vogel stated he would take care of the matter. Mrs . Koenig declared that a neighbor had informed her the City Manager had stated she and Mrs . Gregg did nothing but complain at the Commission meetings . Mayor Howell stated the Commission encouraged citizens to attend meetings and air their complaints . There being no further business, f. owel • -clared that the meeting be adjourned. 1 / ,.I,!.i g a. WA (SEAL) 'c ' l'am S . How-11 ATTES Mayor-Commissioner Adelaide. Tucker City Clerk •. ( ) . S . iii• 1tI::SOLUTio:1 NO. 77-8 ` RESOLUTION AU';'IIon, V,I:JG THE EXECUTION O1' THE 'r13\1"l.'IC SIG ? LS nAI1v"1'J:NZNCE I AGREEMENT BETWEEN T111; STATE OF FLORIDA - ' - • UEPART TENT OF TRANSPORTATION AND THE ` CITY OF ATLANTIC BEACH,FLOA .iDA. � . 14 rt t On motion of Commissioner Alan C. Jensen • •, seconded by • F. Commissioner Robert B. 'Cook , 'the following resolution was adopted: r The Atlantic Beach WHEREAS,' City Commission ,' deems it in the public • t (Public Body). interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agree ' i ment, and accordingly to enter into the attached agreement with the tir ' state of Florida Department of. Transportation. • 4! NOW, THEREFORE, BE IT RESOLVED BY. �' • The Atlantic Beach 1. • That City commission concurrs in the provisions i •- • (Public Body) 1 - of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. i • • The Atlantic Beach • • 2. That city commission authorizes the said (Public Body) f . agreement to be executed by a legally designated officer of,, this Public Body. ' • • • • • $ • • • - . . . STATE OF FLORIDA • . . • FOUNTY OF DUVAL • - • - . I HEREBY CERTIFY that the foregoing' is a true and correct . i copy of a Resolution adopted by The City: Commission at a regular meeting held on th^ 25th day of ' • fury , A.D. , 19 77 , • and recorded in its minutes . IN WITNESS WHEREOF, I hereunto set my hand and official seal . this 26th day of • July . ', A.D. , 19 77 .