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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