08-08-83 v •
AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
August 8, 1983
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of July 25, 1983
Approval of the Minutes of Special Called Meeting of July 29, 1983
2. Recognition of Visitors
3. Correspondence
A. From Dr. & Mrs. Steven Y. Lee re Request for City Water Hook-up
B. From Fletcher Senior High School re Advertisement in 1983
Football Program
C. Correspondence Between City and JEA re Franchise Fee Billing Format
4. Advisory Planning Board
5. City Manager' s Report
A. Item #1 - Award of Contract for 21 Ton Trash Truck
B. Item #2 - Award of Contract for Concrete
C. Item #3 - Agreement for Consulting Services
D. Item #4 - State of Florida Public Employees Relations Commission
(PERC) - FOP Lodge 107/Eleazer vs. City of Atlantic Beach
E. Item #5 - Authorization to Purchase Mobile Radios Through State Contract
F. Item #6 - Franchise Agreement with JEA
G. Item #7 - Proposed Neighborhood Park/Basketball Court
6. New Business
7. Unfinished Business
A. Certificates of Convenience and Necessity to Operate Taxies -
Mr. Mullis
8. Report of Committees
9. Action on Resolutions
A. Resolution No. 83-10 - Budget Adjustment
10. Action on Ordinances
A. Ordinance No. 65-83-9 - An Ordinance Vacating That Portion of That
Certain Street Known as West Plaza Lying
Between Mayport Road (A-1-A) and Orchid
Street - Third and Final Reading - Public Hearing
11. Miscellaneous Business
12. ADJOURN
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V
COMMISSION HELD AT THE CITY HALL ON AUGUST 8, 1983 AT 8:00 P.M. 0 0
T T
PRESENT:Robert B. Persons, Jr. , Mayor-Commissioner E E
Robert B. Cook, Sr. D D
William I. Gulliford, Jr.
John W. Morris, Jr.
Catherine G. Van Ness, Commissioners M S
O E
AND: A. William Moss, City Manager T C
Claude L. Mullis, City Attorney I 0 Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
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 July 25, 1983
Cook x x
Motion: The minutes of the regular Commission meeting of July 25,1983 Gulliford x
be approved as submitted. Morris x x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Approval of the Minutes of the Special Called Meeting of July 29,1983
Cook x
Motion: The minutes of the Special Called meeting of July 29, 1983 Gulliford x x
be approved as submitted. Morris x
Van Ness x x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Recognition of Visitors - None
Correspondence
A. From Dr. & Mrs. Steven Y. Lee re Request for City Water Hook-up
The City Manager acknowledged receipt of a letter from Dr. & Mrs. Lee
of 1927 Beach Avenue requesting that they be permitted to hook up to
the city's water system. As they are outside the city limits,approval of
the City Commission is required. Cook x
Motion:Approve cut-in for water service requested by Dr. & Mrs. Lee Gulliford x x
of 1927 Beach Avenue. Morris
Van Ness x x
The motion carried unanimously. Persons
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. From Fletcher Senior High School re Advertisement in 1983 Football Pro&ram
Duncan U. Fletcher Senior High School requested the city to purchase an
ad in the 1983 Fletcher football program. The city purchased a $60.00 ad
in 1982. Cook x x
Motion:Purchase a one-half page ad in the 1983 Fletcher football Gulliford X
program at a cost of $60.00. Morris x x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE TWO V V
MINUTES Names of
AUGUST 8,1983 Commrs. M S Y N
Correspondence - continued
C. Correspondence Between City and JEA re Franchise Fee Billing Format
The billing format was briefly discussed and the suggestion made to
change JEA Franchise Agreement to read "JEA Franchise Charge". No
action taken.
Advisory Planning Board - No report
City Manager's Report
A. Item #1 - Award of Contract for 22 Ton Trash Truck
Bid opening for a 22 ton trash truck for public works was held on
Monday, August 8, 1983 at 9:30 a.m. The Bids were advertised and four
dealers obtained specifications. Two bids were received, Lynch
Davidson Ford and Jack Lynch Chevrolet. The lowest bid, Lynch Davidsor
Ford, did not include the body as specified. The body is worth apprwi-
mately $4,000. Mr. Moss stated that Lynch Davidson Ford was sending
a letter asking that their bid be withdrawn from consideration. He
recommended the contract be awarded to the lowest acceptable bidder wrich
was Jack Lynch Chevrolet in the amount of $22,338.00.
Motion: Permit Lynch Davidson Ford to withdraw their bid and award Cook x
the contract for a 22 ton trash truck to Jack Lynch Chev- Gulliford x x
rolet, the lowest bidder meeting specifications, for an Morris x
amount of $22,338.00. Van Ness x x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Item #2 - Award of Contract for Concrete
The City Manager explained that he had received approval from the
Department of Housing and Urban Development to transfer some of the
Community Development Block Grant funds from one part of the communit)
to another in order to construct a basketball court. The amount of
$6,000 was approved for the project. Bids were advertised and the
bid opening was held on August 8, 1983 at 9:45 a.m. Two bids were
received. The lowest bid was from Southern Concrete in the amount of
$3,410.00. The City Manager recommended the contract be awarded to
the lowest bidder.
Cook x
Motion:Award the contract to the lowest bidder, Southern Concrete Gulliford x x
in the amount of $3,410.00. Morris x x
Discussion was held before the vote on the other costs involved to Van Ness x
complete the basketball court. The question was called and the motion Persons x
carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. Item #3-Agreement for Consulting Services
The City Manager presented a proposed agreement for consultation
services to the Commission and recommended approval of the agreement.
The proposed agreement had been approved by City Attorney Claude Mullis
as to form and content. Mayor Persons advised that he had been contacl,ed
PAGE THREE V V
MINUTES Names of
AUGUST 8, 1983 Commrs. M S Y N
City Manager's Report - continued - Item #3
by representatives for Mr. Stucki who requested that the Commission
defer any action on the agreement until he had a chance to go back
over the wording again.Their request was to postpone the action until
August 22, 1983, and to change the resignation date in the previously
submitted letter of resignation to be effective August 24, 1983 in-
stead of August 10, 1983. The City Attorney was asked if it would be
more appropriate for the Commission to go ahead and approve the agree-
ment as submitted and come back at a later date for amendments if
necessary. The City Attorney replied that would expedite matters.
Motion: Authorize the Mayor to sign the agreement,as it now exists, Cook x
for consultation services, plus the attached releases. Gulliford x
During discussion before the vote, Commissioner Morris moved to allow
Paul Steckla, 1570 Park Terrace West, to speak on the subject. The
motion was seconded by Commissioner Gulliford and carried. Mr. Steckle
questioned the legality of the proposed action, noting that the Charter
requires employees to work 40 hours per week, not 10 hours per month.
Mayor Persons advised Mr. Steckla that the agreement with Mr. Stucki
was merely for consulting services and therefore no hourly limit is
required. City Attorney Claude Mullis stated that provisions have
been added for the agreement to be paid for from revenues other than
Ad Valorem taxes. The Commission will make an annual appropriation
to cover the agreement. Mr. Mullis added that he had made an in-
depth review of the Charter and found the document to be legal.
Cook x x
The question was called and the motion carried unanimously. A Gulliford x x
copy of the agreement is attached hereto and made a part hereof. Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
D. Item #4-State of Florida Public Employees Relations Commission
(PERC) - FOP Lodge 107/Eleazer vs. City of Atlantic Beach
The City Manager presented to the Commission information regarding
the motion filed by the City of Atlantic Beach to the Public Employees
Relations Commission which is known as the Eleazer incident. Basically ,
the city's legal counsel has asked PERC to dismiss the matter and
have filed for "Motion to dismiss for fraud".
E. Item #5-Authorization to Purchase Mobile Radios Through State Cont/act
The City Manager stated that the police department is presently opera-
ting with mobile radios which are 10 or more years old and are experi-
encing a significant amount of down time. They also are in need of
portable radios. Two have been allocated in the proposed FY 83-84
budget.Funds are available in the Public Safety account, however, to
allow for the purchase of new radios this fiscal year. Mr. Moss asked
for authorization to purchase five mobile radios @ $997.00 each, and
two portable radios for $1,974 manufactured by Motorola through the
State of Florida Contract No. 725-56-83-1.
PAGE FOUR V V
MINUTES Names of
AUGUST 8, 1983 Commrs. MS Y N
I 1 1 i
City Manager's Report - continued - Item #5
Motion: Authorize the City Manager to purchase five mobile radios Gulliford x
at a total cost of $4,985, and two portable radios at a Van Ness x
total cost of $1,974 through the State of Florida contract
No. 725-56-83-1 from Motorola Communications and Electro-
nics. Appropriations from the Public Safety Account.
Discussion followed before the vote on the possibility of trade-ins Cook x
or salvage values. The question was called and the motion carried Gulliford x x
unanimously. Morris x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Motion: Instruct the City Manager to realize any salvage out Cook x x
of the old radios that he can. Gulliford x
Morris x
The motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Item #6 - Franchise Agreement with JEA
The City Manager reported that the Commission had discussed the matte/
on July 11, 1983 and were advised on that date that JEA planned to
bill their Atlantic Beach customers 6% to pay for a franchise agree-
ment that they have with the City of Atlantic Beach. On July 18,1983
JEA's Executive Director, Mr. Royce Lyles met with Commissioners
Gulliford, Morris, City Attorney Claude Mullis and the City Manager.
Mr. Lyles explained to the group that they really had no choice, that
it was mandated by Public Service Commission. Mr. Moss stated that
he had discussed the matter with Mr. Ken Nipper, Town Manager of Orange
Park, who is faced with a similar problem. Mr. Nipper invited repre-
sentatives from Atlantic Beach to go with representatives of the
Orange Park Town Council to attend a meeting in Tallahassee to discuss
the situation with the Public Service Commission. Commissioner
Gulliford and the City Manager volunteered to be the Atlantic Beach
delegation to attend the meeting with Public Service Commission on
August 17, 1983.
Item #7 - Proposed Neighborhood Park/Basketball Court
Last week, the City Manager advised the City Commission that HUD
authorized the City to expend $6,000 to construct a basketball court
east of Mayport Road. He requested authorization to construct a basket-
ball court on Lot 2, Section 17, of Donner Subdivision. The City of
Jacksonville owns the property which adjoins Francis Avenue and they
passed a Resolution in 1979 authorizing the City of Atlantic Beach to
use the property in any manner that they so wished. Discussion follow-
ed on the possibility of long term leasing or acquiring a fee simple
title.
Motion: Authorize the City Manager to construct the basketball Gulliford x
court at that site subject to an agreement or passage of Morris x
title by the City of Jacksonville.
PAGE FIVE V V
MINUTES Names of
AUGUST 8,1983 Commrs. M S Y N
t ,
City Manager's Report - continued -Item #7
Amended Motion: Authorize the City Manager to spend $6,000 of HUD Cook x
funds to construct a basketball court on Lot 2, Gulliford x x
section 17, of Donner Subdivision, but direct the Morris x x
City Manager to pursue obtaining the fee simple Van Ness x
title from the City of Jacksonville. Persons x
The amended motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
New Business - None
Unfinished Business- Certificate of Convenience and Necessity to
Operate Taxicabs
City Attorney Claude Mullis advised the Commission that he had re-
searched the city's Ordinances and presently there is no requirement
for a certificate of convenience and necessity to operate taxicabs.
He explained the complex problems of regulating measures of this type.
He strongly recommended against adopting anything that would create a
monopoly or be anti-competitive, and added that the trend around the
country is to avoid anything that would expose the city to the anti-
trust law. Mr. Edward Parrish, Jr. , general counsel for George B.
Christian, Beaches Cab Service asked that some type of regulation be
established to govern operation of taxicabs in Atlantic Beach, either
requiring a certificate of convenience and necessity or the medallion
system. He offered several requirements for taxicabs in order to up-
hold the standards of adequate taxicab operations: drivers must be
registered and must be able to pass rap sheet with police department;
taxicabs have to come up to certain standards and pass vehicle in-
spections; have radios and be in contact with home or base stations;
obtain occupational licenses, and regulate rates, either metered or
zone. Proper liability insurance must be carried on all cabs.
Discussion followed.
Motion: The Mayor appoint a Committee to draft some kind of Cook x
recommendations hitting on four points: A method by which Gulliford x x
drivers can be registered, requirements of inspections Morris x x
on vehicles with the idea in mind of using the inspection Van Ness x
station that is available, look at occupational licenses, Persons x
and also the requirement for liability insurance. The
Committee will report back with recommendations at a later
date, and perhaps the next meeting.
The Mayor appointed The City Manager, City Attorney Claude Mullis
and Commissioner Gulliford to serve on the Committee. The Mayor
requested the Committee to report back at the next meeting.
Report of Committees - None
Action on Resolutions-Resolution No. 83-10 - Budget Adjustment
PAGE SIX V V
MINUTES Names of
AUGUST 8, 1983 Commrs. MS Y N
Action on Resolutions - continued
Mayor Persons presented and read in full proposed Resolution 83-10,
a Resolution transferring certain monies between funds.
Cook x
Motion: Passage of said Resolution. Copy of Resolution 83-10 is Gulliford x x
attached hereto and made a part hereof. Morris x
Van Ness x x
The motion carried unanimously. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Action on Ordinances- No. 65-83-9
AN ORDINANCE VACATING THAT PORTION OF THAT CERTAIN STREET KNOWN AS
WEST PLAZA LYING BETWEEN MAYPORT ROAD (A-1-A) AND ORCHID STREET, AND
PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented by Mayor Persons in full, in writing,
and read on third and final reading. Said Ordinance was posted in
line with charter requirements. After the reading, Mayor Persons
declared the meeting open for a Public Hearing. As no one spoke for
or against, the Mayor declared the Public Hearing closed.
Motion: Said Ordinance No. 65-83-9 be passed on third and final Cook x x
reading as submitted. Gulliford x x
Morris x
The motion carried with a three to two vote. Mayor Persons Van Ness X
and Commissioner Van Ness voted no. Persons X
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Miscellaneous Business
Discussion was held on Seminole Road sidewalks.
The City Clerk reminded the Commission that August 15, 1983 is the
first day to pick up nominating petitions for the upcoming election
to be held on October 4, 1983.
There being no further business to come before the Commission,
Commissioner Gulliford moved to adjourn, seconded by Commissioner
Cook and carried unanimously.
The Mayor declared the meeting adjourned at 8:59 p.m.
J /
°'•bert B. Persons, Jr.
(SEAL) Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk