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04-09-84 v r AGENDA CITY OF ATLANTIC BEACH April 9, 1984 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of March 26, 1984 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report A. Item #1 - Budget Report - Second Quarter FY 1983-84 B. Item #2 - Police Department Report - Month of March 1984 C. Item #3 - Fire Department Report - January, February, March 1984 (To be distributed at meeting time) 6. New Business A. Report by City Attorney - Timothy T. Cooper vs. City of Atlantic Beach 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions A. Resolution No. 84-6 - Redeeming Utility Revenue Bonds and Coupons 10. Action on Ordinances A. Ordinance No. 57-84-10 - An Ordinance Amending Section 11.31, Chapter 11 of the Ordinance Code of the City of Atlantic Beach; Setting Forth Parking Violations and Schedule of Fines; Providing an Effective Date - Second 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 APRIL 9, 1984 AT 8:00 P. M. 0 0 T T E E PRESENT:William S. Howell, Mayor-Commissioner D D Robert B. Cook, Sr. William I. Gulliford, Jr. John W. Morris, Jr. M S Catherine G. Van Ness, Commissioners 0 E T C AND: A. William Moss, City Manager I 0 Y Claude L. Mullis, City Attorney NAME OF ONEN Adelaide R. Tucker, City Clerk 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 THE REGULAR COMMISSION MEETING OF MARCH 26,1984 Motion: The minutes of the regular Commission meeting of March 26, Cook x 1984 be approved as submitted Gulliford x x Morris x The motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x RECOGNITION OF VISITORS The Chair recognized Mr. Ted Hopkins, 370 Garden Lane. Mr. Hopkins voiced his objection to the proposed drainage ditch which is going in behind the homes on Garden Lane. The developer is American Federal. Jackie Allen, 390 Garden Lane and Lucy Hopkins, 370 Garden Lane also objected to the ditch and not being notified by letter of the proposed development. Mr. Moss responded by saying the subdivision was adver- tised in the Beaches Leader and all the residents received letters on the rezoning request from American Federal. Rezoning signs were also posted. Mr. Hopkins stated that everyone on Garden Lane was assured by the builders when they purchased the property that the property behind them would remain untouched forever and the plat he saw did not show the ditch relocated directly in back of their properties. Mr. George Bull, Jr. , 47 11th St. , was recognized and stated what they probably saw was his father's proposed plat which was never approved by the City of Atlantic Beach. Mr. Bull, Sr. then sold the land to American Federal and they came in with a new plat which the City Commission approved. Discussion followed. No action taken. The Chair recognized Mr. George Bull, Jr. , 47 Eleventh St. Mr. Bull asked if we have a sewer moratorium in Atlantic Beach, and Mayor Howell stated he had not officially received any notification. The City Manager said he had received a letter from the Department of Environmental Services notify- ing him that a sewer hookup moratorium imposed by the state took effect at the close of business on March 30, 1984. The only new connections not affected by the moratorium are single family residences on skip lots, and previously approved developments.Mr. Moss said he received the letter PAGE TWO V V MINUTES Names of APRIL 9, 1984 Commrs. M S Y N I E Recognition of Visitors- continued the middle of last week. Mayor Howell asked the City Attorney to review the manner in which the city was notified of the moratorium because the letter was sent to the City Manager, Mr. Moss rather than to the city's governing body, the City Commission. Correspondence - None Advisory Planning Board - No Report City Manager's Report A. Item #1 - Budget Report - Secnnd Quarter FY 1983-84 The Mayor acknowledged receipt of the Budget Report. As no questions were asked, the Mayor instructed the report be filed for information. B. Item #2 - Police Department Report-Month of March, 1984 Mayor Howell acknowledged receipt of the Police Department report for the month of March, 1984. The City Manager commented on the number of calls received which were 3,675 (over 100 per day) . After discussion, the Mayor instructed the report be filed for information. C. Item #3-Fire Department Report-January,February,March, 1984 The Mayor acknowledged receipt of the Fire Department report for the months of January, February, and March, 1984. As no questions were asked, he instructed the report be filed for information. New Business A. Report by City Attorney-Timothy T. Cooper vs City of Atlantic Beach The City Attorney, Mr. Mullis, reported that the case has been filed in the Federal Court and it has been assigned to Judge John Moore. The law suit by Timothy T. Cooper, address: Cross City Correctional Institution, one of the Florida prisons, is against Officer Eleazer and Officer Greene of Atlantic Beach; Officer Bass of Neptune Beach, and one officer from the Duval County Sheriff's office. The incident occurred in 1979 as a result of our police force coming to the assistance of the Neptune Beach police force. The State Statutes provides that when an employee or officer is sued for violation of civil rights, etc. the city may pay that claim and may provide a defense attorney for the employee of officer. If you do not provide the employee or officer with a defense and he does retain his own counsel to defend the suit and prevails, then the city shall pay all attorney's fees and court costs. City Attorney Mullis recommended that he be authorized to provide the Atlantic Beach officers with a defense. Motion: The City Attorney be directed to take whatever steps are Cook x x necessary in the best interest of the city and provide Gulliford x x a defense for Officers Eleazer and Greene. Morris x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x PAGE THREE V V MINUTES Names of APRIL 9,1984 Commrs. M S Y N - Unfinished Business - None Report of Committees - No report. Action on Resolutions A. Resolution No. 84-6-Redeeming Utility Revenue Bonds and Coupons Mayor Howell presented and read in full proposed Resolution 84-6, a Resolution redeeming utility revenue bonds and coupons. Motion: Passage of said Resolution. Copy of Resolution 84-6 is Cook x x attached hereto and made a part hereof. Gulliford x x Morris x The motion carried unanimously. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances- Ordinance No. 57-84-10 Public Hearing AN ORDINANCE AMENDING SECTION 11.31, CHAPTER 11 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; SETTING FORTH PARKING VIOLATIONS AND SCHEDULE OF FINES; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing for second and final reading by Mayor Howell. Said Ordinance was posted in line with Charter requirements. Mayor Howell then opened the floor for a Public Hearing. The Chair recognized Mrs. Dorothy Kerber, 365 1st St. who asked how the city is going to collect $15.00 fines from the same people that have not paid $3.00 and $5.00 fines. The City Attorney commented that several cities are now instructing their city attorneys to bring a civil suit against the owner of the car when a lot of tickets have accumulated. Commission agreed that our City Attorney should also bring civil suits against these people. As no one else spoke for or against, the Mayor declared the Public Hearing closed. Motion: Said Ordinance No. 57-84-10 be passed on second and final Cook x reading. Gulliford x Morris x x The motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Business Commissioner Gulliford asked the Mayor for his comments on the denial by Judge Sheppard to have a Beaches Court even for one day per month. Mayor Howell stated that he was not surprised by Judge Sheppard's findings. The City Manager advised that DER has proposed a new rule that is going to be considered this week, and the subject matter is also going to be considered by the Legislature. The proposal ask the cities to set aside MINUTES V V APRIL 9,1984 Names of Commrs. MS YN Miscellaneous Business - continued so much each year as a replacement reserve. Our city anticipated this and had already figured that into the new rates. The Financial Advisor was asked to look at the proposed rules just to make sure it would not cause us any problems and he found a very significant error in the formula which made the factor in error by at least ten-fold. Mr. Moss stated that he would like to object to the proposed rules. Commission agreed. Discussion was held again on the sewer moratorium. The City Manager read in full the notification from DER that was addressed to him (copy is attached hereto and made a part hereof) . Mr. Moss advised that he has received four inquiries in the past week regarding the moratorium, two were from developers of the proposed condominiums outside the city limits; one was from a gentleman who wanted to build a small office, and one was from a gentleman that wanted to construct a duplex. He advised all of the inquiries of the moratorium. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 7:50 p.m. /d (SEAL) ' 1� . Howe Mayor-Commission:r ATTEST: &dela-rje19-4. Adelaide R. Tucker City Clerk . RESOLUTION 84-6 A RESOLUTION REDEEMING UTILITY REVENUE BONDS AND COUPONS WHEREAS, the City of Atlantic Beach has redeemed 14 - 3.50% Utility Revenue Bonds in the amount of $14,000. , said Bonds bearing maturity . date of March 1, 1983. WHEREAS, the City has redeemed Utility Revenue Bond interest coupons which have become due through March 1983. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered • bonds totaling $14,000. be burned: Numbers 218 through 231 and that, The following numbered interest coupons be burned: Coupon 4147 from bonds 192-231 Coupon 4148 from bonds 192-201 Coupon #49 from bonds 192-201 Coupon 4150 from bonds 192-201 Coupon 4151 from bonds 192-231 Coupon 4152 from bonds 192-231 Coupon #53 from bonds 205-231 Coupon 4154 from bonds 205-231 Coupon #55 from bonds 218-231 Coupon 4156 from bonds 218-231 The above foregoing Resolution passed by the City Commission on April 9 , 1984. ATTEST: Adelaide R. Tucker 'sr ticy City Clerk copy 01 • WIPE:, of n this 42 9J7. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION pTc EN� Nl BOB GRAHAM -'ORTHEAST DISTRICT GOVERNOR „426 BILLS ROAD /1 Mialida VICTORIA J TSCHINKEL SECRETARY JACKSONVILLE,FLORIDA 32207 i (904)396-6959 1, / ,/1. 9' G.DOUG DUTTON � DISTRICT MANAGER r4 r. OF Flo e April 2 , 1984 Mr. William Moss , City Manager City of Atlantic Beach Drawer 25 Atlantic Beach , Florida 32233 Dear Mr. Moss : Duval County - DW City of Atlantic Beach As a consequence of a meeting between regulatory agencies on March 29 , 1984 , a total moratorium on additional connections to the City of Atlantic Beach Sewage Treatment Plant is declared in accordance with 403 . 088 , Florida Statutes , effective at close of business March 30 , 1984 . The only new connections not affected by this moratorium are as follows : Single family residences on skip lots : Determi - nation constituting single residences to be made by Bio-Environmental Services Division of the City of Jacksonville . If you have any questions , please contact Mr. Charles H . Padgett of Bio- Environmental Services Division at 633-3415 . Very tr . y yo s , 411111111 G. Doug Dutton District Manager 41• _,v/4,-*4Division Chief BIO-ENVIRONMENTAL SERVICES City of Jacksonville GDD/DCB/DiM cc : Jacksonville BESD AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER