08-10-81 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
August 10, 1981
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of July 27, 1981
Approval of the Minutes of Special Called Meeting of August 3, 1981
2. Recognition of Visitors
3. Correspondence
4. Advisory Planning Board - Commissioner Van Ness
5. City Manager's Report
A. Item #1 - City of Atlantic Beach Pay Plan and Classification Plan
B. Item #2 - Fred Lewis re "Casablanca" - 1443, 1445, 1447 and 1449
Mayport Road
C. Item #3 - Patricia Holliday request to fill swimming pool
D. Item #4 - Authorization to Disburse $2,675.00 to Tyson & Swindell,
P.A. , CPAs
E. Item #5 - Resolution No. 81-11 - The City's Pension Plan Review
F. Item #6 - Jody Richards request to construct greenhouse
6. New Business
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 81-11 - Directing the City Manager to Review the
City's Pension Plan at Three-year Intervals to Determine Need for
Increase in Benefits
10. Action on Ordinances
A. Ordinance No. 95-81-24 - Amending Animals and Fowl Ordinance
11. Miscellaneous Business
A. Consideration of City Manager's Employment Agreement
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON AUGUST 10, 1981 AT 8:00 P.M. V V
T T
PRESENT: William S. Howell, Mayor-Commissioner T T
Alan C. Jensen E E
Catherine G. Van Ness, Commissioners D D
AND: A. William Moss, City Manager
Oliver C. Ball, City Attorney M S
Adelaide R. Tucker, City Clerk 0 E
T C
ABSENT: L. W. Minton, Jr. I 0 Y
NAME OF ONEN
COMMRS . N D S 0
The meeting was called to order by Mayor Howell. The invocation, offered
by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of July 27, 1981
Jensen x x
Motion: The minutes of the regular Commission meeting of July 27, 1981 Van Ness x x
be approved as submitted. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Approval of the Minutes of August 3, 1981
Motion: The minutes of the special called meeting of August 3, 1981 Jensen x x
be approved as submitted. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Advisory Planning Board
Commissioner Van Ness reported that the Advisory Planning Board had met
on August 4, 1981 and the next meeting will be held in approximately
two weeks.
City Manager's Report Mr. Moss verbally presented items 1 through 6.
Item #1 - Pay Plan and Classification Plan
The City Manager presented a proposed pay and Classification plan to be
implemented in the 1981-82 fiscal year budget. He explained that the plan
currently provides for seventeen pay grades and each grade has two steps,
There is a three percent differential between each step; a five percent
• increase from step two of a grade to step 1 of the next grade. and an
accrued service increase of 22% is provided after five years of service,
and 5% after ten years of service. Mr. Moss added that it is the intent
to incorporate the pay plan and classification plan with a proposed
Personnel Rules and Regulations which will be presented to the City
Commission at a later date. He recommended adoption of the Classification
Plan and the Fiscal Year 1981-82 pay plan. Discussion followed after
Commissioner Van Ness moved for adoption and motion was seconded by
Commissioner Jensen. Commissioner Jensen asked if the plan would be
• implented in the new year, and Mr. Moss stated this would be a part of
the new budget. The full plan will take virtually the whole year to
implement into its entire process. Commissioner Van Ness asked does this
obviate the necessity for across-the-board cost of living pay raise for the
PAGE TWO V V
MINUTES Names of
• AUGUST 10, 1981 Commrs. M S Y N
City Manager's Report - continued - item #1
entire city. Mr. Moss answered no. Mayor Howell then repeated the
motion and called for the vote.
Motion:Adopt the pay plan and classification plan as recommended Jensen x x
Van Ness x
by the City Manager. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #2 - Fred Lewis re "Casablanca" - 1443, 1445, 1447 and 1449
Mayport Road
The Chair recognized Mr. Fred Lewis who asked for an interpretation
of a recent ruling concerning the transfer of a business known as
"Casablanca" to a new owner. Mr. Lewis explained that the owner of
Casablanca, Richard Hoj desired to sell the business to his Mother a
girlfriend. Mr. Hoj 's beverage license is being revoked, but Mr. Le- 's
said the Beverage department has given him time to put his affairs i
order before the license is revoked. Mr. Lewis added that the City
of Atlantic Beach has refused to certify that the location of the
establishment complies with local zoning ordinances due to Ordinance
#10-80-13 which establishes distance limitations for new owners of
facilities which have an alcoholic beverage license. Mr. Ball comment-d
that he suggested the matter come before the Commission for the
following reasons: the previous owner is now a convicted felon and
his beverage license is being revoked. The beverage department's
application brought in my Mrs. Hoj and Deana M. Miller is an application
for a new alcoholic beverage license. Mr. Ball added that the City
of Atlantic Beach passed Ordinance No. 10-80-13 on April 28, 1980.
This Ordinance states that it is possible to sell a business and
transfer the license, but there are no provisions in the Ordinance
for issuing a new beverage license for the establishment in question.
Mr. Ball stated the matter was open to an interpretation by the
Commission. The Chair recognized Mr. Epstein, attorney for Mrs. Hoj .
He stated that the Beverage Dept. has approved the issuance of a new
license and Mr.Hoj'slicense would have been transferred to them exce.
for the fact that he has been convicted of a crime in South Florida.
Mr. Epstein disagreed with Mr. Ball' s interpretation of Section 3-8
(a) and after reading the section he asked the Commission to issue
the license to Mrs. Hoj . The Mayor asked Commissioner Jensen for an
opinion. Commissioner Jensen commented that due to the fact this is
an existing establishment and there is no change in the type of lice .e;
he expressed the opinion that when the Ordinance was passed it was
not the intent to prohibit transfers such as the one being discussed.
Casablanca is an existing establishment with the same license and in
the same location. Discussion followed.
• Motion: Authorize the City Clerk to issue the certificate of zoni
approval to the Department of Business Regulation - Divis' n
of Beverage. Jensen x
The motion failed for lack of a second.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE THREE
MINUTES V V
• Names of
AUGUST 10, 1981
Commr s. MS Y N
City Manager's Report - Item 1/2 - continued
Motion: Request for zoning approval of Casablanca located at Van Ness x
1445 Mayport Rd. be denied.
The motion failed for lack of a second.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item X13 - Patricia Holliday request to fill swimming pool
Mr. Moss advised that Mrs. Patricia Holliday had submitted a request
to fill an on-ground used swimming pool using water from her private
well. The pool was purchased in May and they have been waiting for
parts which have now arrived. The City Manager recommended approval.
Motion: Approve the request by Patricia Holliday to fill her Jensen x x
swimming pool using private well water. Location is Van Ness x x
850 14th Street, West. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #4 - Authorization to Disburse $2,675.00 to Tyson & Swindell,CPAs
The City Manager requested authorization to disburse $2,675.00 to
Tyson & Swindell, P.A. ,CPAs for services not considered to be a
part of the original auditing agreement with the city.
Motion: Approve payment of $2,675.00 to Tyson & Swindell,CPAs Jensen x x
for additional services rendered. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Item 9#5 - Resolution No. 81-11 - The City's Pension Plan Review
Mr. Moss reported that the City of Atlantic Beach Pension Board had
suggested that an Ordinance amendment or Resolution be drafted to
present to the Commission that would provide for the review of the
retirement program on three-year intervals from June 1, 1981. The
City Manager recommended the adoption.
Resolution No. 81-11
• Mayor Howell presented and read in full Resolution 81-11, a Resolution
directing the City Manager to review the Pension Plan at three-year
intervals to determine need for increase in benefits.
Motion: Passage of said Resolution. Copy of Resolution 81-11 Jensen x x
is attached hereto and made a part hereof. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
•
PAGE FOUR V V
MINUTES Names of
• AUGUST 10, 1981 Commrs. M S Y N
Item #6- Request by Jody Richards to locate greenhouse industry
Mr. Moss advised receipt of a request by Jody Richards to construct
a greenhouse on Main Street for commercial production of foliage.
The zoning is proper and the plans and specifications have been re-
viewed by the Building Inspector. With the exception of certification
that the structure withstand 100 mph winds, the plans meet with the
Southern Standard Building Code and code of the City of Atlantic
Beach. The City Manager recommended approval subject to final review
of the specifications by the Building Inspector.
Motion: Approve request by Jody Richards to construct a green- Jensen x x
house on Main St. subject to the necessary building codes, Van Ness x x
wind loading, etc. approved by the Building Inspector. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Action on Ordinances
ORDINANCE NO. 95-81-24 - AN ORDINANCE AMENDING CHAPTER FOUR; ENTITLED
"ANIMALS AND FOWL", OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
BY ADDING THERETO A PROVISION TO PROHIBIT DOGS, CATS, AND HORSES
UPON THE PUBLIC BEACH AND ADJACENT WATERS OF THE ATLANTIC OCEAN;
REPEALING CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read on first
reading by title only by Mayor Howell.
Motion: Said Ordinance be passed on first reading. Van Ness x
The motion failed for lack of a second.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Commissioner Van Ness then moved for an amended motion to prohibit
animals and fowl upon the public beach and adjacent waters of the
Atlantic Ocean commencing April 1st and ending September 30th. The
leash law will be in effect from October 1st through March 31st.
Motion: Amend Section I by adding at the end of the sentence: Van Ness x
• "from April 1st through September 30th". Howell x
Mayor Howell seconded the motion for discussion. Commissioner Jenser
expressed the opinion that the City Commission should wait and see
how the strict enforcement works before any action is taken. The
Mayor agreed, but reminded the audience and Commission that passage or.
first reading does not mean adoption. The final reading and public
hearing will take a minimum of one month, and could be held at any
time the Commission deemed necessary. The Chair then called for the Jensen X
• vote. The amended motion carried with two ayes and one no. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
PAGE FIVE
MINUTES Names of
AUGUST 10, 1981 Commrs . M S Y N
Miscellaneous Business
A. Consideration of Cit Mana:er's Em.lo ent A•reement
Mayor Howell asked for a motion to execute the City Manager's
Employment agreement. Commissioner Jensen asked Mr. Ball if the
retirement item had been resolved and Mr. Ball stated that the matter
is legal as far as the Charter is concerned, but there will have to
be an amendment to the Pension Ordinance.
Motion: The Mayor and necessary officials be authorized to sign Jensen x x
the City Manager' s Employment Agreement. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayor Howell suggested a special call meeting be held on Thursday
night, August 13, 1981 at 6:00 P.M. to consider the replacement for
Dr. Mhoon. Commission agreed.
There being no further business, the Mayor declared the meeting
adjourned.
i0 / 0�
(SEAL) i Liam S. Howell
Mayor-Commissioner
ATTEST:
ae hj-e-
Adelaide R. Tucker
• City Clerk
S
RESOLUTION NO. 81-11
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH, FLORIDA,
DIRECTING THE CITY MANAGER TO REVIEW
THE PENSION PLAN AT THREE-YEAR INTER-
VALS TO DETERMINE NEED FOR INCREASE IN
BENEFITS
BE IT HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. That the City Manager is hereby authorized and
directed to review the City of Atlantic Beach Pension Plan and Ordinance
to make recommendations concerning any needs for increases in benefit for
members of the retirement program.
SECTION 2. That such reviews and recommendations be performed
at three-year intervals from June 1, 1981.
SECTION 3. This Resolution shall take effect immediately.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Passed by the City Commission August 10, 1981
ATTEST:
(SEAL) ac/F'4 y
Adelaide R. Tucker, City Clerk