02-28-83 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
February 28, 1983
6:30 PM
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of February 14, 1983
2. Recognition of Visitors
3. Correspondence
A. From Congressman Charles E. Bennett re Seminole Road
B. From Elliott Zisser re Seminole Road
4. Advisory Planning Board
5. City Manager's Report
A. Item #1 - Award of Contract for the New Public Works Maintenance
Building
B. Item #2 - Request by Frebert Development Corporation to Vacate
One Block of Carnation Street
C. Item #3 - Wastewater Treatment Systems Implementation Plan
6. New Business
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 83-2 - Budget Transfer
10. Action on Ordinances
A. Ordinance No. 57-83-9 - Amending Article V of the Atlantic Beach
City Charter Entitled "Department of
Public Safety" - Third and Final Reading -
Public Hearing
B. Ordinance No. 90-83-78 - Amending Ordinance No. 90-82-74, the Same
Being the Land Development Code, by Amending
the Official Zoning Map to Rezone Land Des-
cribed as Donners Replat - Block 23, Lots 2
& 3, From Residential General-Multiple Family
to Commercial Limited
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON FEBRUARY 28, 1983 AT 6:30 PN
V V
•PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner 0 O
Robert B. Cook, Sr. T T
William I. Gulliford, Jr. , - 6:35 p.m. E E
John W. Morris, Jr. D D
Catherine G. Van Ness, Commissioners
AND: A. William Moss, City Manager M S
Adelaide R. Tucker, City Clerk O E
T C
ABSENT: Alan C. Jensen, City Attorney, Out of Town I 0 Y
NAME OF O N E N
COMMRS. N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of February 14, 1983 Cook x x
Morris x
Motion: The minutes of the regular Commission meeting of February 14, Van Ness x
1983 be approved as submitted. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Correspondence
A. & B. From Congressman Charles E. Bennett and Elliott Zisser
re Seminole Road
The City Manager announced that letters had been received from Charles
Bennett and Bill Chappell indicating their appreciation of bringing the
matter of Seminole Road to their attention, and also a copy of a
Resolution from the North Duval Beaches Association, Inc. unanimously
opposing the reopening of Seminole Road to traffic between Seminole
Beach and the U.S. Naval Station, Mayport, during any and all hours.
Commissioner Morris stated that during his recent trip to Washington, he
was informed that the Resolution from the North Duval Beaches Association
was received and he would like Mr. Zisser and the Association to know
that they were represented in Washington.
City Manager's Report
A. Item #1-Award of Contract for the New Public Works Maintenance Bldg.
4r. Moss stated that specifications and contract documents were prepared
for the three separate projects associated with the new public works
and maintenance facility; the site plan, the service station facilities,
and the building. The bids were duly advertised and subsequently opened
on February 23, 1983. The low bids are as follows, with the bid tabula-
tions attached hereto and made a part hereof:
Site Work $ 71,650.
• Service Station Facility 31,662.
Metal Building 211,135.
Total of bids $314,447
PAGE TWO V V
MINUTES Names of
FEBRUARY 28, 1983 Commrs. MS Y N
City Manager's Report - continued - A. - Award of Contract
The City Manager pointed out that re-bidding the project has saved
approximately $127,317.00. He stated that we have $372,000 budgeted
of which $29,000 has already been committed for various services,
leaving $343,000 available. After award, approximately $28,000 will
)e available for any required change orders, etc. , and the City
Aanager suggested that the cushion left over from paving Beach
Avenue that was planned to pave side streets not be used for that pur-
pose in case the Public Works facility costs start running over later.
Motion: The contracts for the new public works maintenance facility Cook
be awarded as follows: Gulliford x x
Morris x
Service Equipment Co. Service Station $31,662 Van Ness x x
Tampa, Florida Facilities Persons x
GRC Contracting Site Development $71,650
Jacksonville, Fla.
Argo & Associates Public Works Bldg. $211,135
Orange Park, Fla.
rhe motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Item #2-Request by Frebert Development Corporation to Vacate
One Block of Carnation Street
Mr. Moss presented a background information on a request by Frebert
Development Corporation to vacate one block of Carnation Street.
Messrs. Henry and Walter Rogers, Jr. , of Rogers, Rogers, & Grimsley,
Attorneys at Law were present and stated that the Corporation owns
Lot 1, Block 252, and all of Blocks 253, 254, 255, and 256, Section
H and requested the City to close Carnation Street between West 14th
Street and Levy Road (between Blk 255 and 256) in order to sell
larger lots. Discussion followed.
Motion: Grant the request to vacate Carnation Street between West Cook x x
• 14th and Levy Road subject to the review by the City Gulliford x x
Attorney. Morris x
Van Ness x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Item #3-Wastewater Treatment Systems Implementation Plan
The City Manager provided the Commission a three page summary of the
•proposed Wastewater improvements program implementation plan.
The improvements include:
1. Construction of new sludge handling facilities.
2. The rehabilitation of six pumping stations which were con-
structed in the late 1950's and which are now in poor condition.
PAGE THREE
MINUTES V V
FEBRUARY 28, 1983 Names of
• Commrs. MS Y N
City Manager's Report - continued-Item #3
3. The design and construction of a one million gallon per day site
erected steel (package) sewer plant which will increase our
capacity from 1MGD to 2MGD.
4. Significant modification to the existing wastewater treatment
plant including:
a) A new pretreatment unit to remove gross solids and grit.
b) Major changes in plant piping arrangement.
5. Construction of an outfall sewer line to the St. Johns River.
6. The arrangement of long term financing to fund the above-
referenced program.
The estimated cost for actual construction is $2,020,000.
Motion: Adopt the Wastewater Improvements Program Implementation Cook x
Plan as presented and instruct the City Manager to forward Gulliford x
the plan to Department of Environmental Regulation on
March 1, 1983.
During discussion before the vote, Commissioner Gulliford suggested
:he following:
Raise the entire amount of $2,000,000 through a revenue-
bond avenue.
Retain the $500,000 and allocate it for both repair and
the lines that have not been considered in the above plan,
and Commissioner Gulliford expressed the opinion that he
felt these would probably be a substantial cost.
Set up a fund to properly maintain the sewer system in the
future years so that we won't find ourselves in this
position again.
When we do the rate study on what it will take in the way
of increase of fees to service the projected debt, the city
should allocate a certain percentage to go into that fund
each year for the express purpose of maintenance. Cook x x
Gulliford x x
The question was called and the motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Van Ness x
Persons x
New Business
The suggestion was made that perhaps the Commission may want to
address the Donner area as a means of access. Discussion followed on
the matter and other alternatives. The City Manager was asked to
ursue the possibility of acquiring land to allow access from Donner
o Sailfish through one of the properties.
PAGE-FOUR V V
• MINUTES Names of
FEBRUARY 28, 1983 Commrs. M S Y N
Unfinished Business
Commissioner Gulliford noted that power was out for two hours again
on Sunday, February 27, 1983.
The City Manager was asked what the status was on the City's group
'iealth insurance. Mr. Moss responded that he had received one quote
From one of the larger suppliers of health insurance, and it was no
more attractive than the one we have now. There was a slight reduc-
tion in rates, but also a corresponding reduction in coverage. He
also stated that we are still waiting for a proposition from a broker
who is working with several other companies trying to put a package
together for us. Commissioner Gulliford suggested that Mr. Moss con-
tact Ron Della Porta, a dedicated citizen, and ask for his recommen-
dations.
Committee Report
Commissioner Morris asked that his committee report on the trip to
Washington be moved down to the last item of the agenda. He also
presented to the Clerk a check in the amount of $105.00 payable to
the City of Atlantic Beach covering half of his airline fare to
Washington as he did not return with the group.
Action on Resolutions
A. Resolution 83-2 - Budget Transfer
Mayor Persons presented and read in full proposed Resolution 83-2, a
Resolution transferring certain monies between funds.
Motion: Passage of said Resolution. Copy of Resolution 83-2 is Cook x
attached hereto and made a part hereof. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons
Action on Ordinances - The Mayor presented B. first
ANo. 90-83-78 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TLANTIC BEACH, AMENDING ORDINANCE NO 90-82-74, THE SAME BEING THE
LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE
LAND DESCRIBED AS DONNERS REPLAT-BLOCK 23, LOTS 2 & 3, FROM RESIDEN -
TIAL GENERAL-MULTIPLE FAMILY TO COMMERCIAL LIMITED.
Said Ordinance was presented by Mayor Persons, in full, in writing,
and read by title only, on first reading.
Cook x x
• Motion: Said Ordinance No. 90-83-78 be passed on first reading, Gulliford x x
by title only. Morris x
Van Ness X
The motion carried with four ayes and one nay. Commis-
sionerPersons x
Van Ness voted no.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
•
PAGE FIVE V V
• MINUTES Names of
FEBRUARY 28, 1983 Commrs. MS Y N
Action on Ordinances - continued
A. Ordinance No. 57-83-9, AN ORDINANCE AMENDING ARTICLE V OF THE
ATLANTIC BEACH CITY CHARTER ENTITLED "DEPARTMENT OF PUBLIC SAFETY"
AND PROVIDING AN EFFECTIVE DATE.
Said Ordinance was read by Mayor Persons in full, in writing, and
read on third and final reading. Said Ordinance was posted in line
with Charter requirements. Mayor Persons then opened the floor for
a Public Hearing. As no one spoke for or against, the Mayor declared
the Public Hearing closed.
Motion: Said Ordinance No. 57-83-9 be passed on third and final Gulliford x
reading. Morris x
Discussion followed before the vote on the pros and cons of Sec. 39-
"The Fire Chief shall be the head of the fire department and shall be
appointed and removed by the Director of Public Safety, subject to the
approval of the City Commission". It was pointed out that if the
hiring and firing of the Fire Chief is subject to the Commission's
approval, it would put a very great strain on the City Manager and
could become too much of a political situation. On the other hand,
the point was made that the Fire Chief is a very responsible position
Ind the appointment and removal subject to the approval of the
Commission places the responsibility on the Commission and puts the
position more under the public control
The question was called and the motion moving to pass Ordinance No. Cook x
57-93-0 on third and final reading carried with four ayes and one nay, Gulliford x x
Morris x x
Commissioner Van Ness voting no. Van Ness X
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Persons x
The City Manager stated that the Ordinance prevents any contracting
out for services, particularly as it pertains to life guard services,
because it says we shall hire life guards, there shall be a lifeguard
captain who shall be responsible to the Chief of Police, etc. Mr.
Moss stated that he personally believed in contracting out anything
that someone else can do more effectively and more efficiently. Mayor
Persons commented that he did not see any problems with contracting
"out, but suggested that Mr. Moss get an opinion from the City Attorney
Mr. Moss stated that he was not sure where the City would be two
or three years from now with the fire chief position or the fire
department in general. Right now the City is relatively dependent on
the public safety officers to help in the fire supression activities.
He stated that he is meeting with the Insurance Services Office on
Tuesday, March 1st to discuss the most recent inspection the city had,
and added, for the benefit of anyone that might not know, that it has
•been at least ten and probably fifteen years since the city last had
an ISO inspection. It appears that what was satisfactory then is no
longer acceptable. We may be required to have four people on duty
to respond to fires, and right now we are geared to a combination of
existing paid department supplemented by volunteers, but he reminded
PAGE SIX V V
MINUTES Names of
FEBRUARY 28, 1983 Commrs. MS Y N
Action on Ordinances - continued
the Commission that only leaves one person on duty, and he could not
guarantee that three or more volunteers could be able to respond at
all times. He added that there is a problem in the water distribution
system, there may be a problem in manpower, and there may be a problem
in the type of trucks we have.
Miscellaneous Business
Commissioner Cook asked if the rescue squad from Jacksonville Beach
would accept calls in our city. Mr. Moss explained that Jacksonville
Beach has their own rescue squad and they wanted the City of Atlantic
Beach to guarantee payment on any calls within our city. This was
presented to the Commission six months ago, maybe a year ago, and it
was their decision that the rescue service was a county function and
if backup service was necessary, it should come from the county. The
decision was made by the Commission not to accept the services from
Jacksonville Beach. Commissioner Van Ness stated that our rescue
unit comes from Neptune Beach with the backup from Jacksonville.
Discussion followed.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
ommissioner Morris reported on the Jacksonville Chamber of Commerce
Washington Military Conference that he and Commissioner Van Ness
attended on February 22-24, 1983. He expressed the opinion that they
were successful in telling the Atlantic Beach side of the story, and
the one idea he pushed the hardest to the group; the Military and
the politicians, was - whatever anyone plans for Mayport, first con-
sider the impact on Atlantic Beach, Florida. A copy of Commissioner
Morris' report is attached hereto and made a part hereof. Commis-
sioner Van Ness added that all the delegation that went on the trip
were very much in favor of the alternate route of the Wonderwood Road
project. Commissioner Morris stated that he also offered, for an
alternate, AIA and interchange at Atlantic Boulevard. Mayor Persons
expressed his appreciation to Commissioners Van Ness and Morris for
their taking the time to attend the conference.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The motion was made by Commissioner Cook and seconded by Commissioner Cook x x
Gulliford to adjourn. The motion carried unanimously. Gulliford x x
Morris x
There being no further business to come before the Commission, the Van Ness x
Mayor declared themeeting adjourned at 7:4 = No Persons x
1(1
Robert B. Persons, Jr.
Mayor-Commissioner
Attest:
Adelaide R. Tucker
City Clerk
Date of upening hi Li/of
CITY OF
, r FOR Site Development `1 ATLANTIC BEACH
{ FLORIDA Department
i
Pablo Construction GRC Contracting Argo & Associates Jensen of Jack- • Walding Company Barco Con-
BID NUMBER ii sonville , tracting
Li
rriv Brief Description ,Unit Price IJct. Pri.c Unit Price. Price ni • iftpExt. Vice Unit Pric=N• . ,Pric
eJnit Pxicel . Price lhlitPz Primo
Total Base Bid 1 8 823
77 709 99,434 179,950 84,50(
Delete Offsite Parkin: Area 1 (3,000) (1,490) (2,017) (1 600) 2 020 (1,600)
Substitute Concrete Drainage ill1111111111111111 .
with 18" Corrugated Metal
Drain Pipe +500 (330) (860) (500) +500 +864
1111111111%1111111
: • 0111111111111111.11111111
111.1111111111111.1111111 IIMI
IIIIIIIIIIIIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIII ' ' M.
)IIII IIIIIIIIIIIIIIIIIII
.111111111111111111111 .
. 7E1 '
41111111111111111. .
1111.1111
4 I
Comments:
Amount Budgeted
voo1 - •
r - Dntc 01 Opening ci cii a3
CITY OF
t FOR Site Development ATLANTIC BEACH
3 FLORIDA Department
4
Caddell Construction
BID NUMBER t
I.
t T'I'ED( Brief Description Unit Price Ext. Prick Unit Price. Price:
ni Pri . Price nit Priceext.. ,Price,m_ .. .: ( - Unit.Pr.ic . Prir-
Total Bas- B_' .
Delete Offsite Parking Area (2,279)
Substitute Concrete Drainage 111111111111111111=1111111
with 18" Corrugated Metal
t
Drain Pipe +855
. '11111111111111111111111111111.. IIIIIIIIIII
1111111111
imiimminimill1= 9110
MEM
111111.....
IMEN1111111 """"iiiiiiiiii
k
Garments:
Amount Budgeted
�oai •
TABULATION OF BIDS ` Date of Opening 2/23/83
0 CITY OF
FOR Public Works Building a; ATLANTIC BEACH
FLORIDA Department
Argo & Assocs. Jenkins Construction Beemik Builders BHR Contractors • Bruce Newman, Inc. Peeples Const. Co.
BID NUMBER 23-6
1
ITFM Brief Description .Unit Price Ext. Pria Unit Price. Price Uni Prift7Ext. Vice nit Pricebct. .Pric ., it PriceXt. Price nitPricec_ t it
Lump Sum Bid 211,135 227,731 263,048 229,093 250,592 256,900
l • 4
a
1 r
•
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4.
I 1 7
1
•
•
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1 .
i i .
A 40
Comments: •
Thirteen (13) companies picked up plans and specifications.
Amount Budgeted •
ioei
Date of Opening
2/23/83
CITY OF
FOR Service Station Facilities ATLANTIC BEACH M
FLORIDA Department
T. P. Herndon & Co. REC 'Methanical Service Equip. Co. t
BID NUMBER 23-5
ITEM Brief Description ` Unit Price Ext. Pricy Unit PriceExt. Price , ni . Pri._.. Ext• Price 't PriceEatt.. .Price • •
. . Price lhitPzisce Prim_
Lum. Sum Bid JIIIIIIIIII 39,750 53,412 31,662 11111111111111111.
1111111111111111111 .
1111111111111 ,
4 millimiiim.
U111111111 ,
v
IIIIIIIIIIIIIIINK.11111111.111111.111
PEE
,IIIIIIMIIIIIIMN=111111
i
, .iialimm
1111111111111111 '
.
t 11111111 .
it
. iiiiiiiiiiiiiiiiiiii Y
C1C mientS
.mount Budgeted
.r.
•
RESOLUTION 83-2
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
WHEREAS, the City Charter of the City of Atlantic Beach requires
that the City Commission approve all budgetary transfers from one fund to
another, and
WHEREAS, the nature of budgetary systems and those day to day deci-
sions affecting such budgetary systems require transfers from time to time,
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City
of Atlantic Beach, that the attached Budget Adjustment No. 23-1 be
approved in the 1982-83 Budget.
Passed by the City Commission on February 28, 1983 •
ATTEST:
(SEAL) Oe i./(-v
Adelaide R. Tucker
City Clerk
• BUDGET ADJUSIMENT
3/A NUMBER:---23-1 Date: 2/28/83
FUND: 01-General
USE SEPARATE FORMS FOR EACH FUND
JFOUNTS MUST BE IN WHOLE DOLLARS
►CCOUNT ACCOUNT TITLE EXPENDITURE REVENUE
ADD DEDUCT DEDUCT ADD
01-510-49 Governmental Services - Other Current
Charges 9,950
01-513-12 Finance & Admin. - Regular Salaries 8,500
01-513-21 Finance & Admin. - FICA 600
D1-513-22 Finance & Admin. - Pension 850
KPLANATION: To provide for City Clerk salary - $14,100 budgeted - $18,592 actual. _____
'o make funds available to reinstitute full-time Finance Director salary. Part-time
:.65%) budgeted in amount of $15,670.
N1 ,TED BY A. William Moss DATE: 2/22/83
DMMISSION ACTION REQUIRED: Yes DATE RECEIVED: 2/28/83
t !. .
ORDINANCE NO. 57-83-9
AN ORDINANCE AMENDING ARTICLE V OF THE ATLANTIC
BEACH CITY CHARTER ENTITLED "DEPARTMENT OF
PUBLIC SAFETY" , AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Atlantic Beach, Florida, did adopt
Ordinance No. 57-78-7 on September 25 , 1978 , which merged the fire,
police, and life guarding services into a single Public Safety
Department, and
WHEREAS, the City has grown to the extent that it is now
desirable to have separate police and fire departments to provide
the maximum benefits and protection for the citizens of Atlantic
Beach, now therefore
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH:
Section 1. That Sections 35 , 36 , 37 , 38 , 39 , 40 , and
40-1 of Article V of the Atlantic Beach City Charter be amended to
read as follows :
"Sec. 35. Director of public safety.
The city manager , or any other qualified person as
provided by ordinance, shall be the director of public safety, and
under whose supervision there shall be a police department and a
fire department. "
"Sec. 36 . Police department.
The chief of police shall be the head of the police
department and shall be appointed by the director of public safety,
subject to the approval of the city commission. He shall receive
such compensation as determined by the city commission. "
_2_
"Sec. 37 . Chief of police: duties and authority.
It shall be the duty of the chief of police to attend
all meetings of the city commission as required by the city commission;
to aid in the enforcement of order and to enforce the city' s
ordinances; to execute all papers and process of the city or its
authorities; and to perform such other duties as may be lawfully
required of him. Subject to the authority and instruction of the
city commission and under the supervision of the director of public
safety, the chief of police shall have and exercise control over
the police department. "
"Sec. 38. Chief of police and his deputies: Powers
and authority.
The chief of police and his deputies shall have the
power and authority to immediately arrest , with or without warrant,
and also to take into custody any person who shall commit, threaten ,
or attempt to commit, in his presence or within his view, any
offense prohibited by the ordinances and laws of the City of Atlantic
Beach, of the State of Florida, or of the United States of America,
and shall without unnecessary delay, bring the offenders before the
appropriate court to be dealt with according to law. "
"Sec. 39. Fire department.
The fire chief shall be the head of the fire depart-
ment and shall be appointed and removed by the director of public
safety, subject to the approval of the city commission. He shall
receive such compensation as determined by the city commission. "
"Sec. 40. Fire chief : dutied and authority.
It shall be the duty of the fire chief to attend all
meetings of the city commission as required by the city commission;
to aid in the enforcement of all city ordinances relating to the
prevention and extinguishment of fires and the protection of life
and property within the limits of the City of Atlantic Beach, and to
execute all papers and process of the City or its authorities relating
thereto, and to perform such other duties as may be lawfully
required of him. Subject to the authority and instruction of the
city commission and under the supervision of the director of public
safety, the fire chief shall have and exercise control over the
fire department. "
-3-
"Sec. 40-1 . Life guard division.
The life guard division shall be under the super-
vision of the life guard captain, who shall be responsible to the
chief of police. The functions of the division shall be as follows :
(1 ) Protect the safety and welfare of all
persons using the beaches .
(2 ) Regulate all rules governing beaches for
safety purposes.
(3 ) Give artificial respiration and other
medical aid for minor purposes.
(4 ) Prepare reports on the conditions of approaches
and beaches, and submit departmental resumes
of monthly information to the director of
public safety.
(5 ) Perform such other duties as may be assigned
by the director of public safety. "
Section 2 . In the event any section, subsection, para-
graph, or clause contained herein shall be declared unconstitutional
or invalid by a court of competent jurisdiction, such declaration
shall not affect the remaining portions hereof , which shall remain
in full force and effect.
Section 3. All Charter provisions, ordinances, or parts of
ordinances in conflict herewith and hereby repealed.
Section 4. This ordinance shall become effective imme-
diately upon it ' s final passage.
******************************************
Passed by the City Commission on first reading on
January 24 , 1983 .
Passed by the City Commission on second reading on
February 14, , 1983 .
Passed by the City Commission on third and final reading on
February 28 , 1983.
ATTEST:
(SEAL )
Adelaide R. Tucker
City Clerk