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: