12-23-68 v CITY OF ATLANTIC BEACH
FLORIDA
AGENDA
December 23, 1968
1. Call to order.
2. Invocation.
3. Approval of Minutes of. mooting of 12/9/68.
4. Recognition of Visitors.
5. Committee reports on:
(a) Insurance 1969.
(b) Petroleum Products 1969.
6. Ordinances - 2nd and final reading:
(a) Budget 1969.
(b) Franchise - Jacksonville Electric Authority.
7. Resolution 1968 Budget.
8. Call for Bids - Police Car.
9. Ordinance - 1st reading:
(a) Utility Tax.
10. City Manager' s Report.
11. Public Works Report.
12. Fire and Police Chief Reports and Dockets
13. City Manager.
14. Commissioners.
15. Adjourn.
wA
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMZSSZON HELD AT THE CITY HALL ON MONDAY, DECEMBER 23, 1968
AT 8:00 P. M.
Present:
William S. Howell, Mayor-Commissioner
John W. Weldon
Louis C. Holloway, Jr.
Arthur J. Longo
R. R. Rosborough, Commissioners
and
R. C. Vogel, City Manager
Oliver Ball, Acting City Attorney
Adele S. Grage, City Clerk
The meeting was called to order by the Mayor-Commissioner, Mr.
Howell.
The Invocation was given by Commissioner Weldon.
Minutes of the meeting of December 9, 1968 were approved as
written upon motion of Mr. Longo, seconded by Mr. Rosborough
and carried.
Mayor Howell then recognized visitors present and called for
any business from the floor not on the Agenda.
Mr. Robert DeBell advised the Commission that he has an in-
terested prospect for his property on Levy Road which is Zoned
"Business B" while all the property around him is zoned
"Industrial" . The question is whether the type of business
is manufacturing or not. He advised they went over the matter
with Mr. Vogel today. Mr. Vogel advised they plan to manufacture
a biometic chemical and the process involves things he does not
know about. There is a question of whether it is just mixing
Chemicals, the same as a drug store does, or do they manufacture
a raw product into a finished product. If it is manufacturing
it will be necessary for the property to be rezoned to
"Industrial" . There was a discussion during which Mayor Howell
suggested that the City Manager and City Attorney determine the
classification of the business, and if necessary to rezone to
prepare Ordinance for presentation on first reading. The
Commission felt they would like to have more information before
committing themselves. The matter was referred to the City
Manager and City Attorney to determine whether needs to be
rezoned or not.
Mr. George Bull spoke in regard to Selva Marina Unit #6 and
advised he would like for the Commission to understand that
if they do present an acceptable contract and proper financing
and if it meets City's requirements and approved by City
Attorney that the Commission instruct the Mayor and City Clerk
to sign the Plat so that it can be recorded. This is necessary
in connection with financing. It has been several months, and
in the lengthy discussion the Mayor advised that at the time
the bids were called Mr. Bull was going to furnish all the money
for the streets, water lines, sewer lines, etc. , and the City
Minutes 12/23/68 Page #2
in this case was merely calling for bids but entirely at Mr.
Bull' s expense. After further discussion it was agreed it will
be necessary to review the matter and if necessary call a
special meeting.
Mr. Rosborough reported for the Insurance Committee. There
were only two bids received. They recommended that the McNeill
Insurance Agency be awarded the bid on Items 1 through 8 as bid
without option, and that Item 9 covering Specified Hazard
Insurance be awarded to Nationwide Insurance Company as bid.
Mr. Rosborough moved the recommendation of the Committee be
accepted, seconded by Mr. Holloway and carried.
Mr. Weldon presented a report from the Committee on petroleum
bids. They recommended that considering the recommendations
of our mechanic and the Director of Public Works that the American
Oil Company be awarded the bid for supplying petroleum products
for the year 1969 and that McCall Service, Incorporated be
awarded the bid for supplying diesel oil and kerosene for the
year 1969. Mr. Weldon advised that so far as he could determine
the bid of the American Oil Company was low, and McCall Service
was only bid on diesel oil and kerosene. Mr. Weldon moved that
the recommendation of the Committee be accepted, seconded by
Mr. Longo and carried.
11/ Mayor Howell advised that the Ordinance amending Ordinance
#70-58-1 covering Utility tax should be considered next instead
of further down as listed on Agenda. The Ordinance was presented
in full in writing for passage by Title only on first reading.
Mr. Weldon moved the passage of said Ordinance amending Ordinance
#70-58-1 by reducing the Utility tax from 8% to 6% on first
reading by Title only and recommended that date for Public
Hearing be set, seconded by Mr. Holloway. Mr. Rosborough
advised it appears to him that the Utility tax is divided
equally among every citizen in the City of Atlantic Beach,
whether he rents or temporarily lives here, or what not, and
after thinking it over and discussing with friends he thinks it
would not be in order to reduce this tax because of its equity
on every citizen. Mr. Longo stated he goes along with Mr.
Rosborough and thinks it is equitable for property owners and
all people that use the utilities. He also is not in favor of
reduction of this tax. Mr. Holloway advised this can come up
at Public Hearing and hasn't anything to do with first reading.
Mr. Howell stated this is discussion of motion and he would
like to clarify something on the matter. The Utility tax was
passed by an Ordinance of the Town of Atlantic Beach in 1947
and was not passed for the purpose of issuing Revenue Bond
Certificates. It was a revenue measure for the City. The
Bond issue did not come up until 1955 at which time the Utility
11/ tax together with the cigarette tax was pledged as additional
security together with the revenue from the sale of water to
secure the bonds which were for building the new tank, etc. ,
and putting new lines all over the City. The passage of the
Utility tax was a Revenue measure and not as a method of
Minutes 12/23/68 Page #3
financing revenue bonds. He advised that Mr. Harcourt Bull
who was on Council at time of passage of Utility tax is present
and can verify it was a revenue measure to bring additional
income to City. He stated we are faced with expansion of the
water plant and sewer plant, and thinks every dollar we can
put aside and do not have to borrow is to our benefit, and
that to reduce this tax at this time is fiscally unsound. He
stated the City of Jacksonville on February 1st is going to
reduce or equalize electrical rates all over the County and we
do not know how much this reduction is going to affect the
revenue in the budget to be considered tonight. He thinks the
only fair type of tax is the Utility tax. Mr. Holloway says agrees
with him 100% except he doesn't think should go into general
fund but should be allocated to a specific purpose. Mr. Weldon
agrees with Mr. Rosborough as to the tax being equitable but
would be just as equitable at 6% as at 8%, and that the fact
remains we are increasing the budget by $47, 352. 00 in one year
which is in neighborhood of 14% increase in one year. He would
also agree with Mr. Holloway that if this was allocated to
capital improvement this would be one thing but it is not so
allocated. We are increasing personnel, giving salary raises,
but to him it is extremely poor fiscal policy to increase our
budget at this time almost $50, 000.00 for a City the size of
Atlantic Beach, and believes the people are entitled to some
relief. There was further discussion in which Mr. Harcourt Bull
detailed reasons why he felt the Utility tax should not be
reduced and perhaps would be better if raised to 10% - Mr. Henry
Isaacs also spoke on subject. There was further discussion
following which Mr. Howell put the question and the call vote
was:
Aye: Holloway, Weldon
Nay: Longo, Rosborough, Howell
Whereupon Mr. Howell declared the motion failed and amending
Ordinance was not passed on first reading.
Mr. Howell next presented Ordinance #20-68-18 adopting the
budget for the year 1969 for second and final reading and same
was read in full. The Mayor then declared the meeting in
session for Public Hearing on said Ordinance. Notice of Public
Hearing was posted in line with Charter requirements. Mr. Henry
Isaacs and Mr. Harcourt Bull appeared for passage of Ordinance.
As no one else appeared for or against, the Mayor declared the
Public Hearing closed. Mr. Longo moved passage of said Ordinance
#20-68-18 on second and final reading, seconded by Mr. Rosborough.
Mr. Longo then stated that there were only 5 employees among
those covered by Personnel Ordinance whose raises were not in
line with the said Ordinance. They are the Water and Sewer
Plant Operator (who is required by State to have a Class C
certificate and has been attending classes on own time to secure) ,
the warehouse-supply clerk, and 3 patrolmen (who are now required
by State to have 200 hours training) . This City Commission
regulates salaries of Department Heads and they are not in
Personnel Ordinance. He went into details as to the Public
Safety part of Ordinance and advised that even with the raises
the Police Department personnel is still below the other two
i
Minutes 12/23/68 Page #4
Beaches. There was a lengthy discussion of how much the personnel
account of Public Safety Department has actually been increased.
Mr. Weldon still feels we have wiped out Personnel Ordinance
and that it is an Ordinance, not a guide. Mr. Rosborough stated
he remembers purpose of Ordinance was to be used as a guide line
for starting salaries, and to raise men in reasonable length
of time so as not to lose good personnel, we should be flexible,
and cannot see where we have done away with Personnel Ordinance.
There was further discussion and Mr. Holloway thinks if we make one
exception then we open door for every other employee. He would
therefore like to have a substitute motion that the Ordinance be
passed on second and final reading with the following changes
that the 5 personnel nbt be increased as indicated but be held
within the re . of the Personnel Ordinance, that is, the 3
patrolmen be reduced by $340.00 for all, the clerk-warehouseman
be reduced by $104.00, and the Water and Sewer Operator be
reduced by $104.00, seconded by Mr. Longo. Mr. Rosborough said
only thing he sees why not give them Class "B" instead of "A" .
Mr. Holloway advised he didn't care as long as stayed within
Personnel Ordinance, and Mr. Howell put the question and the call
vote was:
Aye: Weldon, Holloway
Nay: Longo, Rosborough, Howell
Whereupon the Mayor declared the motion failed.
Mr. Holloway advised he would like to make a substitute motion
that Accounts #708 and 709 be combined into one account to be
known as Account #708 Street Maintenance, Resurfacing and
General Street Improvement. He would like this done so that
these funds could be used not only for resurfacing and maintenance,
but also street beautification such as the medians on Atlantic
Boulevard and Mayport Road. Mr. Howell stated we have a
substitute motion to pass the budget on second and final reading
with the following changes that we group Accounts #708 and 709
into one account which will become Account 4708 to be called
Street Maintenance, Resurfacing and General Street Improvement
in the amount of $19,000.00. He called for a second. The
motion was seconded by Mr. Rosborough. There was some discussion
and then the question was put and the vote was:
Aye: Rosborough, Weldon, Holloway, Longo, Howell
Nay: None
The Mayor then declared the motion carried and budget adopted.
Mr. Weldon questioned the substitute motion passing the budget.
He did not understand it that way. Mr. Howell advised he stated
the substitute motion twice that it passed the budget on second
11/ and final reading with the stated change. Mr. Holloway stated
he did not understand it that way and did not intend to close out
any other changes. Mr. Howell advised that a substitute motion
substituted for the original motion. However, he referred to
• Minutes 12/23/68 Page #5
Rule #21 from Ordinance setting up rules of procedure and advised
he would entertain a motion to reconsider previous motion.
Mr. Longo moved that the previous motion be reconsidered,
seconded by Mr. Holloway and unanimously carried.
Mr. Holloway then moved that the budget be amended by combin4ng
Accounts #708 and 709 into one account to be known as Account
#706 Street Maintenance, Resurfacing and General Street
Improvement in amount of $19, 000.00, seconded by Mr. Rosborough
and carried.
The question was then called on the original motion to pass
Ordinance #20-68-18 on second and final reading as amended, and
the call vote was:
Aye: Longo, Rosborough, Howell
Nay: Weldon, Holloway
Whereupon Mr. Howell declared the motion carried and the budget
Ordinance for 1969 adopted.
Mr. Howell advised as to the_ Electrical Franchise Ordinance
passed at last meeting on first reading with Public Hearing set
for tonight, there are several technical matters that need to
be studied and we need to make a line by line study of the
franchise as presented by the Jacksonville Electric Authority.
Mr. Weldon moved that the Public Hearing be reset for January
13th, 1969 at 8:00 P. M. meeting, seconded by Mr. Holloway and
carried. It was agreed a line by line study is needed.
Resolution #68-40 approving transfer of funds in 1968 budget
decreasing Account #201 by $200.00 and increasing Account #501
by $200.00 was presented. Mr. Holloway moved passage of
said Resolution #68-40, seconded by Mr. Longo and carried. Copy
of Resolution #68-40 is attached hereto and made a part hereof.
Upon request from City Manager, Mr. Holloway moved approval
be given to Call for Bids on a police car, bids to be received
cn January 13th, 1969, seconded by Mr. Longo and carried.
Mr. Vogel requested permission to purchase a Copystat machine
for $995.00. He advised it will save the City money and it is
much faster than the present machine which we have on rental
basis. He advised he had had several machines demonstrated and
feels this is the best. Mr. Holloway moved approval be given
for purchase of the Copystat machine as requested, seconded by
Mr. Rosborough and carried,
The City Manager' s report was presented, also the report of the
Public Works Department.
Copy of docket for November 25th and December 9th and 16th, 1968
for Police Department were received for filing and information.
Minutes 12/23/68 Page #6
Mr. Weldon advised he has had several complaints from residents
in the vicinity of 13th Street and Ocean Front about some property
owners extending walls and fences down to and including the sea-
wall which makes it impossible to walk down the seawall. He asked
the City Manager to investigate.
He also had a complaint from Mr. Mullis about conditions of
street by his property. Mr. Hilliard will check on it.
There being no further business Mr. Howell declared the meeting
adjourned.
/44./1/41111tairt4/ ...ALI /
Willi•m S. Howell
Attest: Mayor-Commissioner
aCka-
Adele S. Grage /
City Clerk