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10-26-64 v _....;r.DA CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION October 26, 1964 1. Call to order 2. Invocation 3. Minutes - Regular meeting, October 12, 1964 4. Recognition of visitors 5. Request call for bids-Police car 6. Correspondence a, Letter-Mayor 's Council on Fair Apportionment b. Copy - letter to Shuman from Meiselmann 7 . Report : Dept. of Public Safety- September, 1964 8. Acquisition Lot 47 , Saltair- Park 9. Report Jacksonville Humane Society- September, 1964 10. Requests for tax roll correction - Lot 10, Blk. 2, Donners House burned 11. Request for utility refunds 12. Contract and Invoice-storm damage repair- B. B. McCormick Sons. 13. East Duval County Mosquito Control contract-1964-65 14. Resolution-transfer funds. - 15. Pic & Save incinerator- Committee report 16. Approval Deputy Sheriff agreement- Hugh Craig 17 . Attorney ' s opinion a. Revocation of licenses b. Bloom-1964 Tax relief 18. Report as to OEP on street damage 19. City Manager 20. Commissioners 21. Adjourn • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, OCTOBER 26TH, 1964 AT 8 P.M. Present: George R. Olsen Chas . R. Moore Don Goodling Walter J. Parks, Jr. John W. Weldon, Commissioners and Arthur J. Craig, Acting City Manager Frank Thompson, City Attorney Adele S. Grage, City Clerk The meeting was called to order by the Mayor-Commissioner, Mr. Olsen. The Invocation was given by Commissioner Goodling. Mayor Olsen asked for any additions or corrections to the min- utes of October 12th, 1964. Mr. Moore noted that the minutes show that Mr. Smith was previously turned down by the City Man- ager due to low pressure in the line, and it was his understand- ing that Mr. Smith had never been turned down by this body as he had never applied formally for service. Mrs. Grage advised that Mr. Smith had talked previously to the former City Manager but had. not made a formal application. There being no further additions or corrections Mr. Olsen declared the minutes approved as written. Mr. Olsen recognized visitors present and called for any busi- ness from the floor not on the agenda. There was none. The matter of new police cars was considered. Mr. Parks moved that "Call for Bids" be issued for 2 police cars - bids to be delivered at the City Hall by 8 P.M. on November 9th, 1964, and that advertisement be placed in newspaper edition no later than October 29th, 1964, seconded by Mr. Moore and having been duly discussed the Mayor put the question and the motion was carried. A letter was read from Mayor ' s Cruncil on Fair Apportionment requesting action opposing Constitutional Amendments 1 and 12. Mr. Parks moved the letter be received and filed for information, seconded by Mr. Goodling and carried. A copy of letter from Mr. H.B. Meiselman to Mr. Frank Shumer relative to payment of architect 's fee. Mr. Shumer phoned the City Clerk to-day that he and Mr. Meiselman had reached an agree- ment on Friday , October 23rd and he would be making a report on the building in the near future. Mr. Craig adv?tied he knows of nothing out of line at the building. Minutes 10-26-64, Page #2 A letter was read from the City of Jacksonville City Commission authorizing Commissioner Dillon Kennedy and Jacksonville City Attorney William Madison to conduct negotir,tions relative to renewal of electric franchise with Atlantic Beach. The letter will be filed for information. A letter was read from Mr. Gerry Adams, owner of Atlantic Beach Hotel expressing appreciation of co-operation received during Hurricane Dora and especially the assistance of Chief Vogel and his officers. The letter will be filed in the personnel file. A letter was read from the Selva Marina Country Club relative to the club being exempted from paying occupational license. The letter was referred to the City Attorney for a legal opinion by the next meeting. Report for the month of September, 1964 from the Department of Public Safety was received, read and filed. On the acquisition of Lot 47, Saltair , which lot adjoins the Fire Station property, Mr. Goodling moved that the Acting City Manager be authorized to enter into negotiations to endeavor to establish a purchase price for buying said Lot, seconded by Mr. Weldon and carried. The report from the Jacksonville Humane Society for September, 1964 was read and received for filing. It was ;-dvised that the Humane Society are not happy with the Dog Ordinance as it now is. The matter was discussed at length as to what and who de- termi.ncs a "nuisance", the lack of effectiveness of the present ordinance, etc. Following discussion Mr. Parks moved that the Acting City Manager be requested to draft an applicable ordinance for consideration, seconded by Mr. Weldon and carried. It was advised that the house on Lot 10, Block 2, Donner 's re- plat had burned down in the fall of 1963, and in error it was not taken off the 1964 tax roll, and the owner requests that the roll be corrected.. Mr. Weldon moved that the 1964 Tax Roll be corrected to reflect the removal of the house value on said lot, seconded by Mr. Moore. Mrs. Grage advised that the Assessor has checked this request and found that house did burn in 1963 and the request is in order. We are requesting the Fire Department to advise the office in the future as to fires and the informa- tion will be put in the next year 's tax file. In answer to a question, Mr. Thompson advised that since the assessor made an error as broad as that and as it is so out of line, that we should correct it. Following discussion Mr. Olsen put the question and ::he motion carried. Minutes 10-26-E4, Page #3 A request was presented for 2 utility refunds: a duplicate pay- ment was made by the rental agent on Acct.#3970 for SO Saratoga Circle and he requested a refund, also the excess charge on Acct.0296 for 1215 Selva Marina Circle on 4th quarter 1964 bill was paid by owner, but questioned and it has been determined that the reading was in error and refund is due. Mr. Moore moved that the refunds be made seconded by Mr. Parks and follow- ing discussion the question was put and the motion carried. It was advised that this quarter 's bills will not become delinquent until after the first week in November. The contract and invoice from B.B.McCormick & Sons was presented- for the emergency work done during Hurricane Dora. There was a lengthy discussion in which it was brought out that the contract provided for payment of the invoice when funds have been re- ceived from OEP. It was brought out that we did not have anyone tallying, but that OEP and McCormick did. Mr. Goodling moved that they be referred to the City Manager to determine the proper pro- cedure for re-imbursement, seconded by Mr. Parks and following further discussion the question was put and the motion carried. The Sanitary Landfill contract with the East Duval County Mos- quito Control for 1964-E5 was presented for approval. There is a slight increase for the year from $2, 135.00 to $2, 175 .25 due to the increase in garbage accounts, but otherwise it is the same contract at Lame per customer rate as in previous years. Mr. Goodling moved that the contract be referred to the Acting City Manager and City Attorney for study and action and that the City Manager discuss with the East Duval County Mosquito Control Director, Mr. Whittlesey the drainage ditch problems to determine procedures and mechanics necessary to get them to reassume the responsibility for maintenance of certain drainage ditches, sec- onded by Mr. Moore and following further discussion the question was put and the motion carried. Resolution #E4-29 transferring $432.72 from Account 1050 to Account #406 to cover purchase of drill was presented and read. There was discussion following which Mr. Weldon moved the adop- tion of said Resolution, seconded by Mr. Parks and carried. Copy of said Resolution #64-29 is attached to these minutes and made a part thereof. It was brought out in the discussion that tools bcught during the emergency are not eligible for re-imbursement. Resolution #64-30 covering transfer of funds was presented and read. Mr. Goodling moved the adoption of said resolution, seconded by Mr. Parks. Mr. Weldon asked about the transfer to office supplies and was advised that they cover supplies for City Hall and Public Works office, and the supplies for the new Burroughs machine cost over $1, 000.00 and were not included in the 1964 budget hence the shortage in this account. The gasoline Minutes 10-26-E4, Page #4 usage was due to the storm emergency. The Mayor put the ques- tion and the motion carried. Copy of Resolution #64-30 is at- tached to these minutes and made a part thereof. Mr. Morris was not present to discuss the incinerator for Pic'n Save, and the committee advised that the majority feeling was that it was too close to residential area. There was no action taken. An agreement was presented to approve appointment of Hugh Craig as a Deputy Sheriff and is the standard form used. Mr. Vogel advised that this is done in order that our officers can go into the County immediately when needed to assist County officers. Mr. Goodling moved approval of agreement with the Mayor authoriz- ed to sign same with concurrence of City Attorney, seconded by Mr. Parks and carried. letter was read from Mr. Thompson, City Attorney advising that "where the holder of an occupational license for certain activity or activities engages in business or activities not covered by his license, he may be charged with the violation of the license ordinance for engaging in business without a license" . This is with reference t~ activities engaged in at the Kon-Tiki location that are not covered by their license. Also in a separate letter relative to the Veteran' s Exempt License at this location, Mr. Thompson advised regarding exemption granted disabled veterans on occupational licenses under Section 205.16 Florida Statutes, that "the obvious purpose of this statute is to assist disabled veterans to make a livelihood in business or a profession carried on mainly through their own personal efforts. This seems to con- template one place of business or one profession. ---Where more than one license is required for the operation of a single busi- ness, a credit on the gross amount of the several licenses, up to and including $50.00, is granted by the exemption. The statute limits the emexption to one municipality at a time. A veteran may not, within the purview of the statute, claim the benefit for a business operated by him in two or more municipalities. " The matter was discussed at length following which Mr. Weldc-n. moved that Mr. Clint Walker be billed for the licenses at the Kon-Tiki location, and prove exemption, seconded by Mr. Moore. There was further discussion during which the City Clerk was directed to check with Jacksonville Beach and determine if li- cense,' there and if exemption is claimed. Following further dis- cussion the question was put and the motion carried. Copies of Mr. Thompson 's letters are attached to these minutes and made a part thereof. Mr. Goodling moved that the City Manager and Chief of Police inspect the premises at the Kon-Tiki and if found unsatisfactory • Minutes 10-26-64, Page #5 and it there is grounds for closing the establishment or revoca... tion of license, that it be so initiated, seconded by Mr. Parks and carried. Relative to Mr. A.J. Bloom's request for relief on his 1964 tax due to damage by Hurricane Dora, Mr. Thompson advised that"assess- ments for advalorem taxes relate to January 1st of the tax year and are based upon the value of the property as of that date. It is immaterial that the value may increase by reason of Im- provements or decrease by reason of casualty damage, as in the present case. Such increase or decrease in value will not affect the assessment. The tax roll for 1964 has been completed and certified to you as Tax Collector for collection. The City Commission is without power or autherity to forgive or compromise any valid taxes payable to the City. " The City Manager was di- rected to reply to Mr. Bloom's letter on basis of City Attorneysa opinion. Copy of Mr. Thompson's letter on this subject is at- tached to these minutes and made a part thereof. A letter written by the City Attorney to B.B.McCormich & Sons was read directing their attention to damage done to our streets in course of hauling of materials for work being done on the ocean front and advising that the City will expect them to re- pair the damage when work is finished without cost to the City. Mr. Parks moved that the letter be sent to B.B. McCormick & Sons, seconded by Mr. Moore and carried. Mr. Craig asked permission to transfer enough money from the Parks Personnel account to Regular Labor account so that we can continue with the three extra laborers and complete this emer- gency work. He was advised to have a Resolution ready for next meeting. Mr. Craig will represent the City at the USO luncheon meeting at 12:15 on Tuesday, October 27th. It will not be possible for the Mayor or Mayor-pro-tem to attend this meeting . Chief Vogel reported on the radar activity on Seminole Road and asked if the Commission wished the operation continued. The matter was discussed at length in which it wa:, brought out that we do not want a speed trap, but do wish to control speed on all vehicles and make our streets as safe as possible. Following discussion Mr. Parks moved that the operation be continued, sec- onded by Mr. Moore and carried. Mr. Parks stated that Mrs. Kerber had spoken to him and some of the other Commissioners realtive to the parking and traffic pro- blems at the Community Presbyterian Church, and the Chief was instructed to take remedial measures in that area. Mr. Parks Minutes 10-26»64, Page ,$€ also advised that cur water tank is badly in need cf re-painting and/or recoating with perhaps some minor structural repairs, and suggested that we get a reputable firm to inspect and report on same. He believes there is one who will make such an inspection for around $200.00. Mr. Craig will look into the matter,of fix- ing the street back of the church and will do what he can within the limits of our capabilities. Mr. Parks moved that Mr. Craig be authorized to enter into a contract with a firm which he be- lieves is in St. Petersburg, and get a thorough inspection and report on the tank for a fee not to exceed $250.00, seconded by Mr. Moore and carried. Mr. Goodling moved that the Acting City Manager write a letter tc the State Road Department with copy to the Expressway Authori- ty requesting the re-location of the traffic light at Mayport Rd. and Atlantic Blvd. to The Plaza and Mayport Rd. , seconded by Mr. Parks. There was a discussion during which it was brought out that in the four laneing and plans for these roads that the light at Mayport Rd.and Atlantic Blvd. might be eliminated and if so we want to speak now for it to be relocated. Following dis- cussion the question was put and the motion was carried. There was a discussion of a holiday on election day, November 3rd follwoing which Mr. Parks moved that the City Hall he closed for business but that one employee remain on duty as property super- visor, seconded by Mr. Moore. Mr. Weldon brought out that this is based on the fact that the City Hall is used as polling place and it would be impractical to try and carry cn City business. Mrs. Grage advised that she is always present at City Hall on election clays. The Mayor put the question and the motion carried. All other departments will operate as usual. Mr. Olsen proposec1 that we start working on an Ordinance covering personnel classi- fications and being specific as to holidays such as election day. Mr. Parks moved that the City Manager request the E:qpressway au- thority to furnish us with plans and profiles for their proposed improvements within the City Limits of Atlantic Beach in order that we may have the information available for work on any util- ities within the right-of-way, seconded by Mr. Weldon and carried. Chief Vogel asked the advisability of interconnection of water system with Neptune Beach, and the question was referred to Mr. Parks. Mr. Weldon advised that he had checked the conditions at the Fire Station and found them cramped and unsatisfactory and feels im- provements should be made as soon as possible. The Chief and Mr. Craig are working on plans and believe plans can be worked out satisfactorily to all concerned. Minutes 10-26-64, Page ; 7 Mr. Olsen requested Mr. Craig at first opportunity to get a rough draft of financial income and how we stand on budget com- mitments, as there are several items that should be done if we have the money. The 1965 budget is being prepared for presenta- tion in November. Mr. Goodling moved adjournment, seconded by Mr. Parks. "Thereupon the Mayor declared the meeting adjourned. 4.1!! Ar 4 ,- 7 ga&-A__ George R •lsen, Mayor- Commissioner Attest: a-ce-e-0- v Adele S. Gracie, City Clef • • LAW OFFICES DANIEL, THOMPSON B& MITCHELL RICHARD P.DANIEL FRANK THOMPSON COO ATLANTIC NATIONAL •ANA •UILOINO E-.GENE C.MITCHELL JACKSONVILLE,FLORIDA 32202 JOHN J. HIGGINS October 26, 1964 Mrs. Adele Grage, City Clerk City Hall Atlantic Beach, Florida Dear Mrs. Grage: You have asked me to advise you the extent of the ex- emption granted to disabled war veterans on any occupational license taxes, under Section 205. 16, Florida Statutes. The obvious purpose of this statute is to assist dis- abled war veterans to make a livelihood in business or a profession carried on mainly through their own personal ef- forts. This seems to contemplate one place of business or one profession. The operation of a single business may require several types of occupational licenses, and where more than one license is required for the operation of a single business, a credit on the gross amount of the several licenses, up to and including $50. 00, is granted by the exemption. The Statute limits the exemption to one municipality at a time. A veteran may not, within the purview of the Statute, claim the benefit for a business operated by him in two or more municipalities. Yours very truly, T o FT/Imc a • • 1,4 LAW OFFICES DANIEL,THOMPSON a MITCHELL RICHARD P.DANIEL FRANK THOMPSON 000 ATLANTIC NATIONAL SANK OUILOINO EUGENE C. MITCHELL JACKSONVILLE,FLORIDA 32102 JOHN J. HIGGINS October 26, 1964 Mrs. Adele Grage, City Clerk, City Hall Atlantic Beach, Florida Dear Mrs. Grage: You have advised me that the City Commission has requested an answer from me to the following question : "Where the holder of an occupational license engages in an activity not covered or authorized by his license, may the license be revoked?" I feel that this question must be answevd inthe negative. Where the holder of an occupational license for certain activity or activities engages in business or activities not covered by his license, he may be charged with the violation of the licensed ordinance for engaging in business without a license. Yours very truly, ` FT/Lmc • /' 1 . .s.! I LAW OFFICES DANIEL,THOMPSON 8& MITCHELL RICHARD P.DANIEL FRANK THOMPSON 600 ATLANTIC NATIONAL•AN1( IIIVILD.140 EUGENE C.MITCHELL JACKSONVILLC,FLORIDA 32202 JOHN J. HIGGINS October 15, 1964 Mrs. Adele Grage City Clerk, City Hall Atlantic Beach, Fla. Dear Mrs. Grage: You have referred to me the letter of Mr. A. J. Bloom of October 12, 1964, addressed to the City of Atlantic Beach, requesting a moratorium of the 1964 taxes on the Bikini Apartments, because of damage occasioned to the property by the Hurricane. The assessments for adtalorem taxes relate to January 1st of the tax year and are based upon the value of the property as of that date. It is immaterial that the value may increase by reason of improvements or decrease by reason of casualty damage, as in the present case. Such increase or decrease in value will not affect the assessment. The tax roll for 1964 has been completed and certified to you as Tax Collector for collection. The City Commission is without power or authority to forgive or compromise any valid taxes payable to the City. Yours very truly, 6)', // / 0 / f,- FT/Lmc C . . 4 • • I. •- • % Resolution #"d''7 WHEREAS, the City Commission has set aside funds for payment of expenses incurred during and as a result of Hurricane Dora, and, WHEREAS, it is necessary to transfer these funds from the Emergency Expense Fund to the accounts affected, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT the City Commission does approve the transfer as follows: INCREASE AMOUNT Account 406-Shop tools $432.72 DECREASE AMOUNT Account 1050-Emergency Expense $432 .72 Fund **********.X********** Passed by the City Co i Sion of the City of Atlantic Brach, Florida on 62 -Lc- 1964. Attest: Adele S. Grage, City Cler (Seal) RESOLUTION 6V- 36 WHEREAS, the City Charter requires that the City Commission approve all transfers from one fund to another, NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT the following transfers be approved: FUND. INCREASE DECREASE ADMINISTRATION Account 203-Office Supplies $1,000.00 PUBLIC SAFETY Account 307-Utilities 600. 00 TRANSPORTATION Account 402-Gasoline 1, 000. 00 Account 403-Oil & Grease 100. 00 EMERGENCY FUND Account 1050 $2, 700.00 TOTAL INCREASES & DECREASES $2,700.00 $2,700.00 All the above in the 1964 Budget. ******************** Passed by the City Commission on _)-6 1964. Attest: i Adele S. Grage, City Cl-, k (Seal)