04-23-84 v AGENDA
CITY OF ATLANTIC BEACH
April 23, 1984
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of April 9, 1984
2. Recognition of Visitors
3. Correspondence
A. From City of Jacksonville, Office of City Council,
re Certificate of Public Convenience and Necessity
to Operate an Emergency Medical Ambulance Service,
Liberty Ambulance Service
B. From John White, Secretary, Jacksonville Beaches
CATV Board, re Cox Cable of Jacksonville Beaches,
Inc. , vs. Beaches CATV Board
4. Advisory Planning Board
A. Request for Rezoning by Gerard and Jeanne Wilson
Lot 8, Block 9, Atlantic Beach, Subdivision "A"
from Residential Single Family (RS-2) to Residential
General (RG-2)
5. City Manager's Report
A. Item #1 - Proposed Agreement with Robert Stubbs, Inc. ,
re Draft Interlocal Agreement Between Atlantic
Beach, Jacksonville Beach, and Neptune Beach
for Shared Use of the Effluent Outfall Line
B. Item #2 - Commission Chambers
C. Item #3 - Proposal by Cardinal Industries (Driftwood
Apartments) to Construct Drainage Ditch Along
the West Plaza Right-of-Way from Orchid Drive
to the Marsh
D. Item #4 - Telecommunications System
E. Item #5 - Ahern Commercial Park. Request to Construct
Street Off of Atlantic Boulevard and Dedicate
the Street and Right-of-Way to the City
F. Item #6 - Request by W. R. Lovett to Construct Landscape
Islands on Right-of-Way
G. Item #7 - Emergency Vehicle for Fire Department
H. Item #8 - Funding Alternatives -
Wastewater System Expansion Program
6. New Business
A. Bid Opening - Fuel Dispensing System
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
10. Action on Ordinances
11. Miscellaneous Business
12. ADJOURN
I
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V
COMMISSION HELD AT THE CITY HALL ON APRIL 23, 1984 AT 7:15 P.M. O O
PRESENT:William S. Howell, Mayor-Commissioner T T
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 O Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
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 April 9,1984
Motion: The minutes of the regular Commission meeting of April 9, Cook
1984 be approved as submitted. Gulliford x
Morris
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell
Recognition of Visitors - None
Correspondence
A. From City of Jacksonville, Office of City Council, re Certificate of
Public Convenience and Necessity to Operate an Emergency Medical
Ambulance Service, Liberty Ambulance Service.
Mayor Howell asked the City Attorney to explain why it is necessary for
the City of Atlantic Beach to take action on the above. City Attorney
Mullis said that in the interest of cooperation between the City of
Jacksonville and the other municipalities within the county, they have an
Ordinance which provides that if they are going to issue a permit and
Certificate of Public Convenience and Necessity for various emergency
vehicles to operate, they will give the various municipalities an
opportunity to object. Mayor Howell asked if that meant that the City of
Jacksonville is giving them the authority to operate within the City of
Atlantic Beach. The City Attorney replied yes, within the county.
The Mayor asked if they had the authority to do that, and Mr. Mullis
replied yes, in certain areas, like emergency medical transportation,
but other things, he said no.
Motion: Move for acceptance. Morris x
Van Ness x
Discussion followed on the legality of the issue. Commissioner Morris
withdrew his motion and Commissioner Van Ness withdrew her second.
PAGE TWO V V
MINUTES Names of
APRIL 23, 1984 Commrs. MS Y N
Motion: Direct the City Attorney to investigate the matter and Cook x
report back at the next meeting. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B. From John White, Secretary, Jacksonville Beaches CATV Board, re
Cox Cable of Jacksonville Beaches, Inc. , vs. Beaches CATV Board
Discussion was held in depth on the letter from Mr. John White, Secre-
tary of the CATV Board, requesting each of the three cities to pay one-
third share of the operating expense of $1,500.00 to Paul Harden,Esquire,
Attorney at Law, as retainer for Mr. Harden's services in (1) defending
the Board and its members in the lawsuits filed by Cox Cable, and (2)
filing counter-complaints in said suits, such counter-complaints to
be for termination of Cox Cable of Jacksonville Beaches, Inc. 's fran-
chise due to material non-compliance with the requirements of the
franchise. Comissioner Gulliford said it was surprising to him that
any cities would relinquish their rights that are granted to them as
a Legislative Body in lieu of being represented by a Board, and then
later on the cities would be allocating monies in the future to defend
sometype of suit. He asked the City Attorney if a city can relinquish
it's right under State Statute. City Attorney Mullis said no. He said
under the interlocal agreement, Chapter 163 of the State Statute, Sub.
paragraph 13 provides that a county or municipality or governing agency
cannot delegate any statutory constitutional or legislative authority
by interlocal agreement. Rate making and those type of things and of
course the system, is a Legislative matter. Mr. Mullis expressed the
opinion the cities' interlocal agreement still reserves unto the
municipalities all of the granting of franchises, which is a Legis-
lative matter, and rate making. The Board was created solely for the
purpose of administering the three franchises granted by the three
beaches, and it is still up to the three beaches asfar as obtaining
prior approval.Insofar as being able to retain its own counsel, Mr.
Mullis said he thought the interlocal agreement is clear wherein it
refers to those sections that says that the three municipalities in
granting their franchises shall cooperate with the CATV Board in the
support of the legal services to be provided that it deems practical
and desirable,insofar as the enforcement of the provisions of the
Franchise.Commissioner Gulliford said it would then be appropriate
for Cox to make an application for a rate increase to each of the
three governing bodies, but before doing so, Cox would have to with-
draw their pending lawsuits, because under Section 3 of the Ordinance
that the City of Atlantic Beach passed, it provides that they agree
that they would not file suit with respect to any action against the
City. Commissioner Gulliford expressed the opinion that he did not
think that another company would come in and wire, as Jacksonville
Beach is proposing, and said the reality of it is that we thought
PAGE THREE V V
MINUTES Names of
APRIL 23,1984 Commrs. M S Y N
Correspondence - continued
we were getting all kinds of wonderful things and never thought about
the fact that the consumer ultimately pays for it, and it is not un-
reasonable to grant some kind of rate increase. It is done all the
time - if you look at other cable systems and franchises - rate in-
creases happen.
For the benefit of the Commission, City Attorney Mullis advised that
he had met for two hours today with Mr. Glickstein and Mr. Stratford
and each of them are in complete accord on the statement Mr. Mullis
made previously asfar as the obligations and authorities of the various
municipalities and the Board.
The Chair recognized Mr. Bob Persons, Chairman of the CATV Board. Mr.
Persons expressed the opinion that the Board did have the authority
for rate making as provided in the Franchise. Regarding the law suits
Mr. Persons felt the Board and members have to be defended as the inter-
local agreement provides for operating expenses, including Attorney
fees, to be shared by the three municipalities. He met with their
attorney, Mr. Paul Harden, today to go over the documents, and Mr. Harden
feels very strongly that Cox Cable can successfully be enjoined from
implementing the tiering. He also pointed out that in his opinion, the
three city attorneys have a conflict of interest, and the cities do
also, regarding Cox Cable and the CATV Board, and that being so, the
higher the rate goes, the more money the city takes in, because the
city works on a percentage basis (3%) .
Mayor Howell stated that if he read the minutes or the newspaper correct-
ly, the Board has hired an attorney to not only defend the lawsuits, but
institute a suit to terminate Cox's franchise. Mr. Persons replied that
was wrong. The Board has hired a lawyer to enforce the franchise by
filing a counter-claim in the same lawsuit to terminate the franchise
for non-compliance.
Mayor Howell said that when you talk about revoking someone's franchise,
the Ordinance, bringing about the franchise says under "Revocation":
In addition to all the rights and powers reserved by or pertaining to
the City, the City acting through the Jacksonville Beaches CATV Board
reserves as an additional and as a separate and distinct power the right
to terminate the franchise . A lengthy discussion followed, including
whether or not Cox has the authority to tier. During the discussion,
Mayor Howell explained, for the benefit of Commissioners who were not
on the Board at the time, why the Interlocal agreement was created.
The Three Beach cities felt back in 1979 that no television cable
company was going to want to come into one beach with a franchise,
and they felt the best way to get a good deal was having the three
cities acting as one unit to go out and come in with the best proposal
for the three cities. The three cities joined in with an interlocal
agreement with the understanding that the three appointed members,
one from each city, plus an alternate from each city, were going to
be level-headed and come up with the best proposal. Mayor Howell
added that he felt that they still have the best thing going.
PAGE FOUR V V
MINUTES Names of
APRIL 23,1984 Commrs. M S Y N
Correspondence -continued
Commissioner Gulliford said their logic was sound, the idea behind get-
ting three communities together, and in retrospect it was the right
thing to do, even now. His argument was that he did not think it was
in the Board's authority to make that decision. He said that he knew
of no situation anywhere where the municipality does not make that
decision, and expressed the opinion that it was the city's right
and responsibility. Mr. Persons said if that's what they wanted, it
should be changed as the Board has the authority at the present time.
In regards to tiering, Cox wanted to settle and Mr. Mullis had recommend-
ed to Mr. Persons that they settle by letting Cox increase basic services
to $11.50. He added that Mr. Mullis's theory was that Cox can tier any-
time they want. If we go to $11.50 for the basic service rate, they car
come back in the next day and say they have to tier, and if you give uF
the basic rate you have given away the ball game.
Mayor Howell said one problem Cox has is dealing with three separate
entities, and we need to work just as far as we can through one central
board. Maybe the board is too small, maybe the board should be expandec ,
maybe it should be two representatives from each city. He then suggested
that no action be taken tonight and set a meeting of the three governirg
bodies and the three city attorneys.He referenced a statement made by
Commissioner Gulliford that after the fifth anniversary the Board may be
dissolved by two-thirds of the party, and said the paragraph before provides
that any city, by merely giving notice prior to July 1 of a year after the
fifth year can withdraw from the board effective December 31 of any giNen
year. He expressed concern on what would happen to the incurring expenses
and the continuing legal fees if one of the cities withdrew from the bcard.
Mr. Persons said you would probably be off the hook for anything that uas
incurred after you said we quit. He expressed concern over whether or rot
the City of Atlantic Beach was going to support him in the pending law-
suit.
Commissioner Morris said that perhaps we should look at this as a municipal
service, either an interlocal agreement between the three cities, or
whatever.
Mr. Mullis stated that one of the Neptune people has advised the Board
and Mr. Harden in writing that they will assume no responsibility or
any obligation for any legal fees, Jacksonville Beach has so advised
through their city attorney verbally to Mr. Harden, and he said that
is the real issue before the Commission at this time. Commissioner
Gulliford commented that if the Board had denied this rate increase
and then come to each one of the individual councils or commissions
and said do you go along with this, and we all agreed and said we
agree with the Board, no we don't think that should be a rate increase
and then it was a matter of defending legal action, then he would say
let's go for it. But in this case, we haven't been given an opportunity
to respond to that, and he didn't think the city should incur the debt
or the obligation to defend something that they haven't acted on.
Discussion followed.
Commissioner Morris said the Board has had to assume this as long as they
have been a board.
PAGE FIVE V V
MINUTES Names of
APRIL 23,1984 Commrs. MS Y N
Correspondence - continued
The Mayor asked the City Attorney what position the suit is now. Mr.
Mullis advised that the attorney for Cox Cable assured Mr. Stratford,
who has taken the lead, that the suit will lay there dormant until
something is decided. As far as the Board is concerned, the only
relief that Cox Cable is asking them to do is to make some findings
of fact to determine why the rate increase was denied.Mr. Persons
stated he came up with a proposed finding of fact and sent it to
Mr. John White who told him he had asked Mr. Joe Glickstein if he
should go ahead and do it and Mr. Glickstein told him to hold off.
The Chair recognized Mr. Newton and he said that Cox Cable had
informed their attorney to "suspend" based on reactions from the
cities. Commissioner Morris asked Mr. Newton if Cox absolutely
had to tier and Mr. Newton replied yes. After discussion, the
following motion was moved:
Motion: A joint meeting of all three beach Governing Bodies Cook x x
be called with the Board members present, as quickly Gulliford x x
as possible, to resolve the problem. Any obligations Morris x
to be incurred by the Board to be held in abeyance Van Ness x
until further notice. Howell x
The motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Advisory Planning Board
A. Request for Rezoning by Gerard and Jeanne Wilson Lot 8, Block 9,
Atlantic Beach, Subdivision "A" from Residential Single Family
(RS-2) to Residential General (RG-2)
Commissioner Cook requested that street addresses be added in the
future to the legal descriptions.
Mayor Howell advised that the property had been zoned single family
since 1965. Commissioner Morris reported that the Advisory Planning
Board met Tuesday night on the matter and voted two to one, with one
of the members absent, in favor of the rezoning. He called the attention
of the Advisory Planning Board that just a couple of weeks prior to
that they had reviewed the Bernreuter's request for a similar rezoning
and denied it because of too much participation from the neighbors.
Since that time, Commissioner Morris said he had been by the subject
property and he has yet to see a rezoning sign on it. Mr. Moss assured
him the sign pgsted. One citizen was present at the Advisory Planning
Board meeting who would not object as long as the owner was subject
to the setback lines. Commissioner Morris's main concerns were that
somewhere along the line changes in zoning have to stop, and he moved
for the following motion:
PAGE SIX V V
MINUTES Names of
APRIL 23,1984 Commrs. MS Y N
Advisory Planning Board-continued
Motion: Move to deny the rezoning request. Cook x
Gulliford x x
Morris x x
The motion carried with a four to one vote. Commissioner Cook Van Ness x
voted no. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
City Manager's Report
A. Item #1 Proposed Agreement with Robert Stubbs, Inc. , re Draft Inter-
local Agreement between Atlantic Beach, Jacksonville Beach,
and Neptune Beach for Shared Use of the Effluent Outfall
Line.
The City Manager presented background information on the proposed inters-
local
nter~local agreement with Robert Stubbs. , and advised that in order to receive
a grant offer from D.E.R. for the outfall line, at least according to
the state, that has to be a signed agreement between the three municipali-
ties on how they are going to share the outfall. Mayor Howell asked if
the subject matter had been discussed with the City Attorney and Mr.
Moss replied in the negative. After discussion, Commissioner Van Ness
moved for the following:
Motion: Move to execute the agreement with Robert Stubbs, Inc. Van Ness x
and work in conjunction with the City Attorney. Gulliford x
During discussion before the vote, City Attorney Mullis stated that
he would like to have the opportunity to review the original proposed
50 page document that establishes, by interlocal agreement, the control
and activity of the operation of the outfall system before authorizing
this agreement. He said that is far more important, as they had learned
tonight on the CATV agreement, than what is now being proposed, since
they are both tied together.The question was called and the motion Cook x
carried unanimously. Gulliford x
Morris x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
B.Item #2 - Commission Chambers
Discussion was held on the proposed improvements to the Commission
Chambers and it was the consensus of the Commission that further
discussion be held off until the addition is completed and see how
many dollars have been spent. Mr. Moss estimated the new addition
would be completed within a week or so.
Motion: Defer consideration on the matter until the next meeting. Gulliford x
The motion died for lack of a second.
PAGE SEVEN V V
MINUTES Names of
APRIL 23,1984 Commrs. M S Y N
Item #3 Proposal by Cardinal Industries (Driftwood Apartments) to
Construct Drainage Ditch Along the West Plaza Right-of-Way
from Orchid Drive to the Marsh
The City Manager furnished background information on Cardinal Ind.
proposal to construct a drainage outfall ditch along a portion of Orchid
Drive and then west along the center of the West Plaza Right-of-way.
Commissioner Van Ness proposed that it be a covered culvert. The Chair
recognized Mr. Bert Reynolds who explained to the Commission that the
D.O.T. has required this after four months of negotiations. Discussion
held on the approximately two blocks of the proposed ditch. Mr. Reynolds
stated that they planned to run their ditch to an existing ditch at
Hibiscus and West Plaza that runs to the intercoastal waterway.
Motion: Defer action until the next meeting. Cook x x
Gulliford x
Morris x
The motion carried unanimously. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Item #4 Telecommunications System
Mr. Moss reported that the committee has reviewed proposals for phone
systems at City Hall and the Public Safety Building submitted by three
phone companies.The committee recommended Telecom Plus which was a mere
$118.00 less than the other proposals. Jarvis quoted a price of $6,018
for a system for Public Safety, and $5,307 for City Hall. Telecom Plus
submitted a proposal of $5,990 for Public Safety and $5,217 for City HaLl.
They appeared to be more appropriate for our purposes than Executone.
Mr. Moss said we will be saving approximately $3700 annually by purchas -
ing the system and he recommended the system be installed at city hall
and if it works out at city hall, then install it in the Public Safety
Department. Mr. Moss was asked if the existing system could be purchased
or had he solicited a bid from Southern Bell, and he replied in the
negative. After discussion, the decision was made to instruct the City
Manager to come back at the next meeting with a cost estimate to
purchase the Southern Bell system and the Commission will weigh the
trade off of inefficiencies you are going to have if we keep the old
system.
Item #5 Ahern Commercial Park. Request to Construct Street Off of
Atlantic Blvd. and Dedicate the Street and Right-of-way
to the City
The City Manager reported that Ahern and Associates are requesting approval
to construct a 150 ft. roadway to city standards with subsequent dedica:ion
if the street to the city. The Mayor stated he had no objections but he
tsked why would the city want to own the driveway. After discussion on
whether or not this was a street or a driveway, the following motion
was moved:
PAGE EIGHT
MINUTES V V
APRIL 23, 1984 Names of
Commrs. MS YN
City Manager's Report - continued
Item #5-
Motion: Accept the plans as a private driveway, but not accept for Cook x x
maintenance. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
F. Item #6 Request by W. R. Lovett to Construct Landscape Islands on
Right-of-Way.
Mr. Moss furnished background information on the request submitted by
W. R. Lovett to remodel the old Lovett building located on Atlantic
Blvd. between Ocean Boulevard and East Coast Drive. Commissioner
Gulliford asked who would be responsible for the maintenance. Mr. Moss
said the city crews go down there now and sweep.Mayor Howell asked Mr.
Moss if he had determined that Atlantic Boulevard is no longer a county
road, as starting from 3rd Street east, it used to be a county road.
The Mayor stated that he didn't think the Commission had the authority
to give them permission to build on it.
Motion: The City Commission has no objections to the plans as Cook x
presented subject to any jurisdiction that the County has Gulliford x x
over that right-of-way. Morris x x
Van Ness x
The motion carried unanimously. Howell x
* ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
G.Item #7 Emergency Vehicle for Fire Department
Mr. Moss reported that the subject had been discussed on two previous
occasions. At the last meeting the City Commission put off any decision
until the arrival of the new police cars. The police cars have arrived
and he requested authorization to invite bids for an emergency vehicle,
or to purchase a vehicle through the City of Jacksonville's existing
contract.The Mayor asked who would be driving the emergency vehicle
and Mr. Moss replied it was for the Fire Chief. The Mayor asked what
was going to happen to the pontiac the chief is now driving, and Mr.
Moss stated he was going to shift the pontiac back to City Hall for
the building inspector to use, and shift the truck back to Public
Works to be used by the lifeguards. Discussion followed.
Motion: Purchase a vehicle for the Fire Chief through the City of Cook x
Jacksonville's existing contract at the same price. Gulliford x x
Morris x
The motion carried with a four to one vote. The Mayor Van Ness x x
voted no. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE NINE V V
MINUTES Names of
April 23, 1984 Commrs. MS Y N
City Manager's Report - continued
H. Item #8 - Funding Alternatives- Wastewater System Expansion Program
The City Manager reported that Mr. Stubbs, Financial Analysts, has re-
viewed the scenarios in the status report sent to the Commission a week
ago just to see if it was possible to reduce our loan with the State
Bond program from a thirty year to a twenty year or perhaps even a
fifteen year. Mr. Stubbs prepared for the City Commission a more de-
tailed analysis for their review. No action was requested.
New Business
A. Bid Opening-Fuel Dispensing System
The following bids were received and opened:
Service Equipment Co. , Inc.
Tampa, Florida
Bid Bond 10%-USF&G
Completion-30 days
Without Trade $7,400.00
With Trade $5,741.00
T. P. Herndon & Co.
Jacksonville, Fla.
Bid Bond 10%-Allied Fidelity Insurance Co.
Completion 30 days
Without Trade $8,750.00
With Trade $8,750.00
Motion: Award the bid to Service Equipment Co. , Inc. , the low Cook x x
bidder, with trade, in the amount of $5,741.00. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Miscellaneous Business
Commissioner Gulliford commented that First Street is basically blocked
for two-way traffic every Saturday and Sunday. He said that he had beer
told that past the Chateau on Beach Avenue that both Saturday and Sun-
day it is so tight you could not get an emergency vehicle through, which
was one of the reasons the Commission adopted the Ordinance.
He told Chief Thompson that he would appreciate it if he would do some-
thing before the next meeting as the Ordinance is not being enforced.
PAGE TEN V V
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APRIL 23, 1984 Commrs. MS Y N
Miscellaneous Business -continued
Mr. Moss advised that the Legislature is proposing to make some
changes in retirement systems. The changes that are being proposed
are to prohibit City officials and City Managers from sitting on
Pension Boards. Also to allow some of the decisions on pensions,
including funding, to be made by the employees without having input
from the Legislative body. Mr. Moss recommended that the Commission
urge the Legislators to keep the proposed bill out.
Motion: Adopt that position by Resolution and forward to the Cook x x
local Delegation. Gulliford x x
Morris x
The motion carried unanimously. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
There being no further business to come before the Commission, the
Mayor declared the meeting adjourned at 9:25 p.m.
4#
(Seal) William S. Howe I
Mayor-Commissioner
ATTEST:
Adelaide R. Tucker
City Clerk