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09-09-68 v N CITY OF ATLANTIC BEACH FLORIDA AGENDA September 9, 1968 1. Call to order. 2. Invocation. 3. Approval of Minutes of meeting of 8/26/68. 4. Recognition of Visitors. 5. Bids on demolishing condemned structures. 6. Report on Consolidated Government as to Police and Fire Departments. 7. Report by Mrs. Grage on 1968 Tax Roll. 8. Approve call for bids on Comminutor. 9. Approve transfer $200.00 from Commissioner' s Fund #210 to Insurance Account #202-A. 10. Fire and Police Chief Reports and Dockets. 11. City Manager. 12. Commissioners. 13. Adjourn. • Ai MINUTES OF THE MEETING OF THE ATLANTIC BEACH CITY COMMISSION • HELD AT THE CITY HALL ON MONDAY, SEPTEMBER 9, 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. The minutes of the meeting of August 26, 1968 were approved as written upon motion of Mr. Longo, seconded by Mr. Holloway, and the vote was: Aye: Longo, Rosborough, Weldon, Howell Nay: Holloway Mr. Howell recognized visitors present and called for any business from the floor not on the Agenda. Mr. Henry Isaacs requested that the City Manager be instructed to look into establishing rules for use of the tennis courts, especially as regards length of time courts can be used by one set of players. There was discussion during which it was suggested players check in at Fire Station for specific length of time. Upon motion of Mr. Rosborough, seconded by Mr. Longo and carried, the situation was turned over to the City Manager for handling. Bids were next received for demolishing and removing certain condemned structures as follows : Burkhalter Wrecking, Inc. , Jacksonville $3, 180.00 B & W Wrecking Company, Jacksonville 4, 275.00 M. 0. Cohen, P. O. Box 61, Atlantic Beach 3, 585.00 Mr. Holloway moved be given to Committee to report back at next meeting, seconded by Mr. Weldon. On questioning Mr. Vogel advised Burkhalter' s price is well below his estimates. Some of those owners notified are asking for a month to get property cleaned up. On questioning, Mr. Burkhalter advised if any items pulled out they will reduce price accordingly provided there are one or two, but if say half were taken out they wouldn' t be able to do at bid price. The other bidders who were present agreed. After further discussion the question was put and the vote was: Aye: Holloway, Longo, Rosborough, Weldon Nay: Howell Whereupon the Mayor declared the motion carried. Commissioners Longo and Holloway with City Manager Vogel were named as Committee. Minutes 9/9/68 Page #2 Mr. Vogel ' s report on Consolidated Government and financial obligations as regards Police and Fire Departments was presented. Copy of report is attached hereto and made a part hereof. Mr. Ball advised it leaves lots to be desired in the new Charter as regards Police and Fire protection, as there are conflicting provisions, but he feels these will be worked out. Thinks that during first year Atlantic Beach Fire and Police will remain as it has been. The general philosophy in the amendment is that the urban service districts shall remain as they have been in the past, covered by same Charter with same responsibilities and duties as in past. There is need of further legislation and he feels sure will be on Agenda of next Legislature to clarify and specifically point out the division of various governmental functions between Consolidated government and these various urban districts. He does believe the Police and Fire Depart- ments will remain under control of urban service districts on October 1st. There was a lengthy discussion during which the Commissioners gave their assumption or what they believe to be facts on the subject. In the discussion Mr. Weldon stated that our Police Department and Fire Department services are the most essential services we give our citizens. Mrs. Grage announced the 1968 Tax Roll as: Total Roll $23, 587, 610.00 Exemptions 5, 836. 540.00 Net Taxable 17, 751. 070. 00 Our millage will be 5. 56 Mr. Vogel requested approval to call for bids on a Comminutor for the sewer plant at an estimated cost of $800.00 to $1, 000.00. There was a discussion of use, etc. , and it was the consensus of opinion that the City Manager call for bids as requested. Mrs. Grage requested approval to transfer $200.00 from the Commissioners' Account #210 to Insurance Account #202-A, as this amount is needed to take care of additional insurance on the new trucks. Mr. Rosborough moved approval of transfer as requested, seconded by Mr. Longo and carried. Mr. Weldon asked regarding report of chase of car at excessive speed. Chief Stucki gave him particulars and advised it was a joint effort of Navy, County and City law officers. Mr. Weldon stated his thinking is that he had rather see a speed violator get away than to speed through the town and perhaps wreck police car and injure police or others. Mr. Howell advised he agrees basically but that in this instance the police siren was a warning to citizens of speeder' s approach. Mr. Howell presented Resolution #68-26 appointing the following men to the Board of Adjustment for a period of three years: Cont'd. page #3 Minutes 9/9/68 Page #3 Henry G. Isaacs Charles T. Tinsley, Jr. Louis B. Macdonnell, Jr. Daniel R. Moss Robert B. Cook This Board will handle Zoning requests for variance or hardship. Mr. Holloway moved passage of said Resolution, seconded by Mr. Rosborough and carried. Copy of Resolution #68-26 is attached to these minutes and made a part hereof. Mr. Howell asked Mr. Isaacs to serve as temporary chairman to call Board together and they will elect permanent chairman. Mr. Longo inquired as to safety markers for trees and poles and it was advised they have been ordered. Mr. Longo inquired as to striping on Sherry Drive and Mr. Vogel stated we are working now on finishing. Mr. Vogel advised we will be entitled to lights being placed elsewhere in City when taken off Mayport Road. They are studying proposed locations of the 12 lights. Mr. Howell advised we have had some rather serious accidents at Atlantic Boulevard and Royal Palms Drive due to traffic light situation. He talked to the Expressway Authority office and explained the situation, and he telephoned Miller Electric Company who has contract to install these traffic lights at this intersection, 3rd Street and at Mayport Road underpass. The Contractor advised they are being held up waiting for some material. The Authority assured him the Atlantic Beach-Royal Palms light will be first one installed as soon as equipment is received. Mr. Holloway inquired as to new practice football field. It is being rooted but in the meantime they are using baseball field. As soon as we get practice field ready they will discontinue using baseball field. Mr. Weldon complimented Mr. Hilliard and Mr. Vogel for the clean- up on Atlantic Boulevard. He also commented on the terrible garbage situation in rear of Casey`s IGA store. There was a discussion of this situation and Mr. Vogel is going to talk with Mr. Stan Brainard, present Manager, and see what can be worked out. Mr. Weldon also expressed concern over bad situation at Pic N' Save parking lot, and wondered if we could work out agreement for us to use sweeper with nominal rental or actual cost. We have approached them several times but they have turned us down. Due to the Restaurant being there the County Health Department is checking on them, and we will back up County. There was a lengthy discussion of curbside parking at Pic N' Save and Mr. Vogel advised Pic N' Save feel we are discriminating when we prohibit, but that we do have legal right to do so. Minutes 9/9/68 Page #4 Following discussion Mr. Holloway moved we enforce no parking at curbside at Pic N' Save, seconded by Mr. Longo and carried. There being no further business Mayor Howell declared the meeting adjourned. /." 1 axe William S. Howell Mayor-Commissioner Attest: aceae, Adele S . Grage City Clerk tiCITY OF , , , .., AtitallilliI Dea,deb-Tiatida September 9, 1968 TO THE CITY COMMISSION: In compliance with Commissioner Holloway' s request for informa- tion on the City of Atlantic Beach' s financial obligations as related to the Consolidated Government' s obligations to the citizens of Atlantic Beach, the following is my personal research and observations based on the Charter for the Consolidated Government. I believe that the Legislature intended when the Charter was drafted to provide for separate governments; that is, urban service districts 2, 3, 4 and 5. In drafting the Charter, they had to make provisions for the eventuality of the urban service districts being voted into the Consolidated Government or out of the Consolidated Government, as the voters finally determined. In drafting this dual instrument, conflicts were certain to appear due to the fact that urban service districts had to be treated alike under complete consolidation, and unlike if the vote resulted in urban service districts 2, 3, 4 and 5 being eliminated from complete consolidation. Section 2A.01 to 2A. 06 provide special provisions relating to the 2nd, 3rd, 4th and 5th urban service districts to retain all of the powers and duties that they formerly had, and it takes the Charter of Atlantic Beach with one hand and gives it back with the other. It also provides for the general laws imposed upon municipalities under the Constitution and the General Laws of the State of Florida to be applicable to the City of Atlantic Beach. Section 5. 14 provides exception to the sections 5. 10 and 5.11 relating to audit. Section 15.09 provides for exclusion under Article 15 which pro- vides for the budget under Consolidation and allows each urban service district to provide its own budget as before Consolidation. Section 16 . 09 provides special provisions for the City of Atlantic Beach and other urban service districts to issue General Obligation and other bonds without authorization of the Consolidated Council. Section 10 . 04 provides for exemption under the retirement and pension benefits of the Consolidated Government and allows all such benefits to remain under the control and custody of the urban service districts 2, 3, 4 and 5. CITY OF , . . 7=1 Deack-Teaticla To the City Commission Page #2 September 9, 1968 Section 20. 10 provides exceptions for Atlantic Beach and other urban service districts for provisions of Article 20 titled "Code of Ethics" . Section 21.06 provides exceptions for urban service districts 2 , 3, 4 and 5 - Article 21 Area Planning and Land Regulation. Section 22 .11 - Paragraph E - provides for the continuity of the budgets of the former cities of Jacksonville Beach, Atlantic Beach, Neptune Beach and the Town of Baldwin. It also provides for the fiscal year to remain the same. The budgets shall con- tinue to December 31, 1968 but as of October 1, 1968, become the budgets of the 2nd, 3rd, 4th and 5th urban service districts respectively. I find no provision in the Charter to eliminate the second through fifth service districts from the following two provisions: Section 7 . 504 - Paragraph A - "The urban fire chief shall be the chief of the first fire protection division for the urban services districts" . Section 8 .05 - The Police division shall be responsible for general law enforcement in Duval County. The Chief of Police shall be the division chief of the police division" . However, I must keep referring back to the following: "Section 2A.03 - Notwithstanding any other provisions of this Charter the 2nd, 3rd, 4th and 5th urban service districts shall each have such powers and duties and only such powers and duties as the former government which occupied the area of such urban service districts had immediately prior to the effective date of this Charter, and such additional powers and duties as are herby granted to or imposed upon municipalities under the Constitution or the General Laws of the State of Florida" , and "Section 2A.05 - All special and general laws which applied to the former governments which occupied the area of the 2nd, 3rd, 4th and 5th urban service districts immediately prior to the effective date of this Charter shall apply to the Governments, Boards, Bodies, and officers of the 2nd, t4CITY OF . . , Atilemticead -TEMi4a To the City Commission Page #3 September 9, 1968 3rd, 4th and 5th urban service districts, as if the municipal charters of these former governments were still in full force and effect" . The last part of the last sentence of Section 2A.05 re-establishes the continuity of the former cities of Atlantic Beach, Jacksonville Beach, Neptune Beach and the Town of Baldwin, and if this prevails, the Cities will stand as intended in the Charter. Respectfull submitted, 6?(7' R. C. Vogel City Manager RCV/s • 0011 RESOLUTION NO. 68-26 WHEREAS, Section 133 of the Charter of the City of Atlantic Beach provides for the appointment of a Board of Adjustment, NOW THEREFORE BE IT RESOLVED that the follow- ing be appointed for a period of three years: Henry G. Isaacs Charles T. Tinsley, Jr. Louis B. Macdonnell, Jr. Daniel R. Moss Robert B. Cook * * * * Passed by the City Commission on September 9, 1968. Attest: (2A06_6 Adele S. Grage City Clerk (SEAL) •