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09-17-82 v AGENDA CITY OF ATLANTIC BEACH SPECIAL CALLED MEETING September 17, 1982 1. Ordinance No. 20-82-37 - An Ordinance Adopting an Operating Budget for the City of Atlantic Beach, Florida, for the Fiscal Year Begin- ning October 1, 1982, and Ending September 30, 1983 - Third and Final Reading - Public Hearing 2. Resolution No. 82-16 3. Appointment of Auditor 4. Appointment of Mayor Pro Tem 5. Request by Beaches Aquatic Association, Inc. , to sponsor circus 6. Request by Mr. Fred Lewis to Open "Casablanca" MINUTES OF THE SPECIAL CALL MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON SEPTEMBER 17, 1982 AT 8:00 P.M. PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner William I. Gulliford, Jr. John W. Morris, Jr. Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager Alan C. Jensen, City Attorney Adelaide R. Tucker, City Clerk The meeting was called to order by Mayor Persons for the purpose of holding a Public Hearing on Ordinance No. 20-82-37 adopting the budget for the fiscal year 1982-83, and other business to come before the Commission. 1. Ordinance No. 20-82-37 - Third and Final Reading AN ORDINANCE ADOPTING AN OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983. Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Persons. Said Ordinance was posted in line with charter re- quirements. After the reading, Mayor Persons declared the meeting open for a Public Hearing. Before asking for comments from the floor, the Mayor stated the Ordinance should be amended to read "This Ordinance shall be effective October 1, 1982" instead of "This Ordinance shall be effective immediately upon its final passage." The following motion was moved by Commissioner Morris, seconded by Commissioner Van Ness, and carried unanimously: Motion: Amend Ordinance No. 20-82-37 to read "This Ordinance to be effective October 1, 1982." ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Mayor then asked for comments from the floor, and recognized Mr. George Bull, Sr. Mr. Bull's presentation centered on his deep concerns about the City, stating that there was nothing austere about the budget. He expressed the opinion that some expenditures were not allocated to the proper accounts, nor in the proper proportions. Mr. Bull strongly urged the Commission to tighten up the budget, particularly as it relates to the administration of the City, before adopting the Ordinance. Mr. Bull stated that the Commission is centering the whole detail of administration in City Hall, and not in the field in responsible areas that it should be. He added that this is a very dangerous procedure. Mayor Persons thanked Mr. Bull for his comments. The Mayor recognized Mr. John Weldon, who also opposed the budget. His main concern was that every item in the budget appeared to have been increased. Also, there appeared to be no justification for the surplus revenue and in allowing that surplus, Mr. Weldon thought the city charter was violated. Mayor Persons thanked Mr. Weldon for his comments. There being no further comments from the floor, the Mayor declared the Public Hearing closed. The Commission discussed the comments from both Mr. Bull and Mr. Weldon. Mr. Moss remarked that some of the revenues are restricted accounts, which can only be spent on designated items. He stated that he would stand by his budget figures, exclud- ing capitol improvements, which is 4% over last year. A lengthy discussion took place on the budget; explanations of the assignments of those figures; the complexities involved. Page 2 Minutes - Special Call September 17, 1982 The Mayor suggested that items 5 & 6 be handled out of sequence, since members of the audience were waiting for these items. The commission agreed. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Item No. 5 - Request by Beach Aquatic Association, Inc. , to sponsor circus. Mr. Moss presented the background regarding the Beach Aquatic Association's desire to sponsor a circus on Tuesday, September 21, 1982. The Associaiton has agreed to obtain the necessary health permits, to have the proper sanitary facilities; to arrange for trash dumpsters; to arrange for the necessary security throughout the circus. Mr. Moss indicated that he was satisfied with their arrangements. Com- missioner Gulliford moved that the commission authorize the circus, seconded by Commissioner Van Ness, and carried unanimously: Motion: Authorize the Beach Aquatic Association to sponsor the circus as provided in their letter and subject to the requirements of the City Manager and the Police Chief. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Item No. 6 - Request by Mr. Fred Lewis to Open "Casablanca". Mr. Bill Noe, an attorney representing Mr. Lewis, requested that Mr. Lewis be allowed to obtain an occupational license and be allowed to open the "Casablanca". His request was based on the city's ordinance which was adopted on April 28, 1980 concerned the 1500 foot setback limitation between existing locations selling alcoholic beverages. Mr. Noe maintained that this location was in operation at the time the ordinance was passed and was closed in August of 1981. Mr. Noe's interpretatian of that ordinance, Section 3-8: Existing Conditions of Section 8, is that in refusing to allow the transfer of that license at the time the commission did last year, the commission violated that ordinance. The Mayor requested the City Attorney's opinion. Mr. Jensen referred to the minutes of the August 10, 1981, City Commission meeting where he thought at the time they were entitled to the transfer of the license. Mr. Jensen's legal opinion is that they should have gotten the license. However, it was a matter of interpretation the Commission at that time decided not to grant the request. Chief Stucki questioned that this was for a transfer of a license. He believed that the license in question was revoked. That they were attempting to obtain a new license, not transfer the old license. Discussion followed on the interpetation of the ordinance. Mr. Jensen confirmed with Mr. Noe that Mr. Lewis's actual request is for the issuance of a Zoning Certificate and an Occupation License. Commissioner Morris motioned to issue the Zoning Certificate, which died for lack of a second. Commissioner Gulliford made the following motion, seconded by Commissioner Van Ness, and carried unanimously: Motion: Deny the issuance of a Zoning Certificate to Mr. Lewis. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Page 3 Minutes - Special Call September 17, 1982 2. Resolution No. 82-16 A RESOLUTION ADOPTING AND APPROVING THE TAX ASSESSMENT ROLL FOR THE YEAR BEGINNING JANUARY 1, 1982, AND ENDING DECEMBER 31, 1982, DETERMINING AND FIXING THE RATE OF TAXATION AND MAKING THE ANNUAL TAX LEVY FOR THE CITY OF ATLANTIC BEACH FOR THE CALENDAR YEAR 1982 TO PROVIDE FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AND PROVIDING A SPECIAL LEVY FOR DEBT SERVICE AND AUTHORIZING AND DIRECTING THE COLLECTION THEREOF. Mayor Persons presented and read in full Resolution No. 82-16. Commissioner Morris made the following motion, which Commissioner Van Ness seconded and was carried unanimously: Motion: Adopt Resolution No. 82-16. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. Ordinance No. 20-82-37 - Third and Final Reading The Mayor reopened the discussion and stated that the action required by the Commission now is either to adopt or reject the ordinance in final form or to possibly amend. Commissioner Gulliford had some questions of Mr. Moss before any motion on this ordinance was made, regarding the Public Works Director or any plans relative to that position. Mr. Moss replied that he had no plans to create or to fill the Public Works Director position. Should funding be required at a later date, he will present recommendations to the City Commission on funding requirements. Commissioner Morris remarked that his understanding of Mr. Moss's intention regarding the title or position of Public Works Director was to avoid specialists. Commissioner Morris agreed with Mr. Moss, stating that an individual should be able to perform wherever directed. Commissioner Gulliford questioned Mr. Moss on the Special Pay. Mr. Moss replied that this was a special reserve of 32% allocated in case an employee leaves and wanted his accrued leave pay. That leave pay would be paid out of this account. Mr. Cravey, the Finance Director, remarked that previous audits have been gigged for not having funds allocated for liabilities. Commissioner Morris questioned Mr. Moss regarding his authority to disburse funds out of Capitol Expenditures. Mr. Moss replied the ceiling is $1,000, then the City Commission must be approached for authority. He felt there was a need for a Purchasing Ordinance ordaining procedures which need to be clarified. Also, that the ceiling should perhaps be raised to $2,500, which his survey of cities has shown to be the average. Commissioner Gulliford felt that the argument had validity for pursuing what was mentioned about a Fire Chief and allocating the funds from the source Mr. Moss had indicated. The problem that he saw is that those sources are one time deals which may not be available next year. He hoped that an austere approach could be pursued for a Fire Chief and a full time firefighter. He felt the Fire Chief was critically important. Commissioner Gulliford questioned Mr. Moss about the inter-fund transfer contri- bution to fund 10, CDBG, of $10,000.00. Mr. Moss responded that this is a token Page 4 Minutes - Special Call September 17, 1982 contribution in order to secure a grant for Atlantic Beach. Commissioner Gulliford questioned the jump in Operating Expenses from $46,000.00 to $58,000.00. Mr. Moss replied that the cause was the increase in gasoline ex- penses. Mr. Moss commented about the "huge" administration, pointing out that the Finance and Administration is 4.9% higher than last year. If the reserve of 32% which is allocated for vacation days is removed, the increase is only a 1.4% increase. This is hardly a sizeable increase for Administration. The Mayor called for a motion. Commissioner Gulliford made the following motion, which Commissioner Van Ness seconded and carried unanimously. Motion: Adopt Ordinance 20-82-37 on Third and Final Reading. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4. Appointment of Mayor Pro Tem. The Mayor called for a motion to appoint a Mayor Pro Tem. Commissioner Morris moved to nominate Commissioner Gulliford, which Commissioner Van Ness seconded and was carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Mayor stated that the next item on the agenda was the Appointment of Auditor. He suggested that this session recess and reconvene as a Committee of the Whole. Commissioner Morris made the motion as suggested by the Mayor, which Commissioner Gulliford seconded and was carried unanimously. The meeting was recessed at 10:15 P.M. Page 5 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON SEPTEMBER 17, 1982 AT 10:16 PM, PRESENT: Robert B. Persons, Jr. , Mayor-Commissioner William I. Gulliford, Jr. , Mayor Pro Tem John W. Morris, Jr. Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager Alan C. Jensen, City Attorney Adelaide R. Tucker, City Clerk Mayor Persons called the meeting to order at 10:16 P.M. as a Committee of The Whole for the purpose of ranking the four auditing firms. The Committee ranked the four firms as follows: 1. Touche Ross & Company 2. Price Waterhouse 3. Tyson & Swindell 4. Ernst & Whinney There being no further business, the Mayor declared the meeting adjourned at 10:46 PM. 111 v41 t•.ert B. P.. s, Jr. Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk Page 6 Minutes - Special Call September 17, 1982 The Mayor reconvened the City Commission meeting at 10:47 PM. Commissioner Gulliford gave the report of the recommendations of the Committee of the Whole regarding the ranking of the auditors: 1. Touche Ross & Company 2. Price Waterhouse 3. Tyson & Swindell 4. Ernest & Whinney The Mayor called for a motion for approval of the ranking of the Committee of The Whole. Commissioner Morris made the motion, seconded by Commissioner Van Ness, and carried unanimously. The Mayor suggested direction be given to the City Manager. Mr. Moss suggested that since the city is behind schedule, that either the City Manager or the City Commission negotiate up to the budgeted amount. If that fee is within the budgeted amount, authorize that firm to come in right away and begin their work and come back with an agreement on September 27, 1982. If the negotiations go over the budgeted amount, then the fee should go to the City Commission for final determination. $9,000.00 is budgeted for the audit. Commissioner Gulliford made the following motion, which was seconded by Com- missioner Morris, and was carried 3-1 with the Mayor voting no. Motion: Appoint a committee consisting of the City Manager and two City Commissioners designated by the Mayor, to attempt to negotiate a satisfactory contract. Satisfactory being interpreted by budgetary limitations. And to enter into an agreement with the number one ranked firm. The Mayor assigned Commissioners Gulliford and Van Ness to the Negotiation Committee in addition to the City Manager. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Mayor called for a motion to adjourn. Commissioner Gulliford moved to adjourn, which the chair seconded. The Mayor adjourned the '•-eti, • . :53 P.M. vi , (SEAL) ' .. -rt :. Persons, Jr. Mayor-Commissioner ATTEST: glib:1Z)fb26(41-1L---) Adelaide R. Tucker City Clerk Transcribed by: Mary L. Dombrowski If RESOLUTION 82-16 A RESOLUTION ADOPTING AND APPROVING THE TAX ASSESS- MENT ROLL FOR THE YEAR BEGINNING JANUARY 1, 1982, AND ENDING DECEMBER 31, 1982, DETERMINING AND FIX- ING THE RATE OF TAXATION AND MAKING THE ANNUAL TAX LEVY FOR THE CITY OF ATLANTIC BEACH FOR THE CALENDAR YEAR 1982 TO PROVIDE FUNDS FOR THE FISCAL YEAR BEGIN- NING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983, AND PROVIDING A SPECIAL LEVY FOR DEBT SERVICE AND AUTHORIZING AND DIRECTING THE COLLECTION THEREOF. WHEREAS, the Property Appraiser of Duval County has prepared the tax assessment roll of all taxable real and tangible personal property within the corporate limits of the City of Atlantic Beach, Florida, as taken from the Duval County 1982 Tax Roll, for the tax year beginning January 1, 1982, and ending December 31, 1982; and WHEREAS, the City Commission intends to adopt a budget of the financial needs of each department and agency of the City for the fiscal year beginning October 1, 1982, and ending September 30, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That the tax assessment roll for the tax year beginning January 1, 1982, and ending December 31, 1982, as adopted from the Duval County 1982 Tax Roll, be and the same is hereby adopted and approved, and the said roll showing a total gross taxable value for the entire City for Real Property and Personal Property aggregating the sum of $104,371,909 shall be and the same is hereby declared to be and become the Tax Assessment Roll for the City of Atlantic . SECTION 3. That upon each dollar of real and tangible personal property as assessed upon the Tax Assessment Roll as adopted in Section 1. of this resolution, and not entitled to exemption from taxation under the laws of the State of Florida, there is hereby levied a tax of 2. 3645 mills for the tax year beginning January 1, 1982, and ending December 31, 1982, for the pur- pose of providing such portion of the funds to be appropriated for the opera- tion of the several departments and agencies of the City for the fiscal year beginning October 1, 1982, and ending September 30, 1983, as are to be derived from the ad valorem taxes. SECTION 4. That upon each dollar of real and tangible personal property as assessed upon the Tax Assessment Rotl as adopted in Section 1. of this resolution, and not entitled to exemption from taxation under the laws of the State of Florida, there is hereby levied a tax of .5869 mills for the tax • year beginning January 1, 1982, and ending December 31, 1982, for the purpose of providing funds for debt service payment on general obligation bonds during the fiscal year beginning October 1, 1982, and ending September 30, 1983. SECTION 5. That the amount and rate of taxation for the City of Atlantic Beach for the purposes and governmental functions set forth in Section 3 and 4 hereof, are hereby determined and the annual tax levy for the calendar year beginning January 1, 1982, and ending December 31, 1982, to provide funds for the fiscal year beginning October 1, 1982, and ending September 30, 1983, • • SECTION 8. That the Tax Collector be and he is hereby authorized and directed to collect out of the property listed upon the Tax Assessment Roll herein adopted, and from each of the persons, firms, and/or corporations named to said annual Tax Assessment Roll, the taxes and money set down in such annual Tax Roll opposite each name or lot, parcel or tract of land therein described in accordance with the assessment and levy herein adopted and imposed, and in case the taxes so imposed are not paid at the time prescribed by law, the said Tax Collector is hereby commanded to have the collection thereof enforced in the manner provided by law, and the said Tax Collector shall account for all sums of money collected by him as the Tax Collector of the City of Atlantic Beach at the time and in the manner as shall be required by him by ordinance. SECTION 9. The invalidity of any section or provisions of this • resolution shall not invalidate any other section or provision thereof. SECTION 10. This resolution shall take effect immediately. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission September 17, 1982 ATTEST: