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05-13-68 v CITY OF ATLANTIC BEACH, FLORIDA CITY COMMISSION 5/13/68 AGENDA 1. Call to Order. 2. Invocation. 3 . Approval of Minutes of meeting of 4/22/68. 4 . Recognition of Visitors. 5. Bids: (a) Painting Tank. (b) Resurfacing Streets. 6. Ordinances: (a) Amending Sign Ordinance #60-66-1 - Section II, Paragraph 11, and Section IV, Paragraph 8 and Adding Paragraph 11 - Second and Final reading. (b) Amending Sign Ordinance #60-66-1 - Section VIII, First Reading. 7. Correspondence: (a) Walter J. Parks, Jr. - Preliminary Estimate - Sewage Facilities. 8. Application for Vending License. 9. Reports: (a) Personnel Ordinance. (b) Atlantic Boulevard Lighting. 10. Fire and Police Chief Reports and Dockets. 11. City Manager. 12. Commissioners. 13. Adjourn. MINUTES OF THE MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, MAY 13, 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. Upon motion of Mr. Holloway, seconded by Mr. Rosborough and carried, the minutes of the meeting of April 22, 1968 were approved as written. Mr. Howell recognized visitors present and called for any busi- ness from the floor not on the Agenda. Mrs. Marion Marvin inquired as to what has happened to the dog ordinance and if dogs are supposed to be penned in or on leashes. She thinks something should be done. Mr. Howell suggested when see these things, to call police. Mrs. Marvin asked if there is an Ordinance against running loose. Mr. Howell advised there was. The Reverend Charles Sharron of the Atlantic Beach First Baptist Church stated it seems the curbing on the work being done on Mayport Road is 2 feet higher than the ditches, and does not see how water can get out of ditch without overflowing into Church building. The matter was discussed and Mr. Hilliard advised he believes will find that when contractor finishes will make ditch right, as they are still in middle of job, but if they leave in a mess, he feels sure we can fix without much trouble. Bids were next opened on cleaning and painting water tank as follows: Leary Construction Co. , Inc. $2, 900.00 Sieg & Ambachtsheer, Inc. 1, 100.00 Both bids have bid bonds. Mr. Weldon moved the bids be referred to Committee for considera- tion and report back, seconded by Mr. Longo and carried. Mr. Howell appointed Mr. Longo, Mr. Rosborough and Mr. Vogel as Committee. Minutes 5/13/68 Page #2 Bids were next opened for resurfacing streets as follows: Asphalt Contracting Corporation Houdaille-Duval-Wright Company Vallencourt Paving Company Warren Brothers Company Mr. Longo moved the bids be referred to Committee for study and report back at next meeting, seconded by Mr. Holloway and carried. Mr. Howell appointed Messrs. Holloway, Hilliard and Vogel as Committee. Mr. Howell presented Ordinance No. 60-68-2, being an Ordinance amending Sign Ordinance No. 60-66-1 as regards directional signs, for second and final reading, and read same in full. Notice of Public Hearing was posted as required by Charter. Mr. Howell then declared meeting in session for Public Hearing for anyone to speak for or against. Mr. Dale McKinney of the Ocean State Bank stated it is discriminatory against businesses outside City limits - that their business contributes a lot to Atlantic Beach. He would like to appeal to reconsider and see if Ordinance could not be amended to allow them to advertise. Mr. Howell advised there is another amendment to be considered later and want to limit discussion at the moment to this particular ordinance which pertains to directional signs to businesses within City. Mr. Henry Isaacs advised has a petition, but did not want to pre- sent if by any chance the other amending sign ordinance is grandfather clause. Mr. Howell stated other amendment is a grandfather clause. As no one else spoke either for or against the ordinance, Mayor Howell declared the Public Hearing closed. Mr. Rosborough moved that Ordinance No. 60-68-2 be passed on second and final reading, seconded by Mr. Weldon and the vote was: Aye: Holloway, Rosborough, Weldon, Howell Nay: Longo Whereupon Mr. Howell declared the motion carried and Ordinance No. 60-68-2 passed on second and final reading. Mr. Howell next presented in full in writing an amendment to Sign Ordinance No. 60-66-1. Said amendment repeals and deletes Section VIII and substitutes therefor a new section VIII to grandfather non-conforming signs now existing within the City which were constructed with a valid City building permit, until such time as their condition requires replacement, relocation or material repairs, whereupon such signs shall be then made to conform with provisions of this Ordinance. Mr. Weldon suggested that copies of Ordinances be given to Commissioners. Mrs. Grage Minutes 5/13/68 Page #3 advised copies were mailed to Commissioners, but we will have copies available at each Commissioner' s place in the future. Mr. Howell then read the Ordinance in full on first reading. Mr. Longo moved passage of said Ordinance on first reading, seconded by Mayor Howell. Mr. Weldon stated not aware presiding officer could second a motion, and Mr. Howell stated can second and make motions, whereupon Mr. Weldon stated he protested. Mr. Howell directed that the protest be duly noted in Minutes. Mr. Howell then put the question and the call vote was: Aye: Longo, Howell Nay: Holloway, Rosborough, Weldon Whereupon Mr. Howell declared the motion failed and the Ordinance did not pass on first reading. Mr. Isaacs then presented a petition signed by 41 property owners and/or business people requesting the City Commission to repeal Sign Ordinance No. 60-66-1 on grounds that control of signs as set forth in Southern Standard Building Code is sufficient for the City of Atlantic Beach. Mr. Weldon moved the petition be taken as information, seconded by Mr. Holloway and carried. Mayor Howell presented and read a letter from Mr. Walter J. Parks, Jr. relative to Preliminary Construction Cost Estimates for Additions and Improvements to Sewage Pumping and Treatment faci- lities of the City - Engineers ' Project No. 2-68. Copy of Mr. Parka ' letter is attached to these minutes and made a part hereof. The preliminary estimate for facilities, engineering fees, and real estate is $423,000.00 and does not include fiscal services, etc. Mr. Parks, who was present, advised he anticipates having preliminary report complete and ready by next regular Commission meeting. Mr. Howell asked if he will move along at pace which will allow us to present our information and applications prior to June 7 deadline. Mr. Parks advised yes, he will. Mr. Weldon moved adopt and await until next meeting for complete report on which can take some action, seconded by Mr. Rosborough and carried. An application by Sery-All Vending Company, Inc. for a license to permit mobile vending of food, soft drinks and coffee on Beach was presented. Mr. Vogel advised as Beach is closed to vehicular traffic, also we have a no picnicking on beach ordinance, he had turned down the application. The applicant said we were restraining commerce and couldn't keep him off Beach. Mr. Vogel advised he placed on Agenda as thought the gentleman would be here. No action needed. Mr. Longo advised he and City Manager have determined starting and maximum salaries for approval of Commission, and would like a Special Meeting so that can present for first reading at next regular Commission meeting. It was decided to have special meeting next Monday night, May 20th. Mrs. Grage was requested to remind Commissioners on Monday. Minutes 5/13/68 Page #4 Mr. Rosborough reported on Atlantic Boulevard lighting. He met with representatives of City of Jacksonville Beach, City of Neptune Beach and outdoor lighting engineer for City of Jacksonville today, and have another meeting for Thursday morning at 10:00 A. M. Should have definite recommendation for next regular meeting. Was told would not take over one week to install, assuming all equipment is available. Municipal Court dockets for April 22nd, 29th and May 6th, 1968 were presented for information and filing. Mr. Vogel called attention to Little League Program given to each Commissioner. He also advised we had completed the first concrete landing on the Beach at Ahern Street. Mr. Weldon inquired as to electric franchise renewal and asked if couldn't include on Agenda at meeting for next week. Mr. Howell advised was waiting for Commissioner Simpson to get through with election and set up time and place to get with his people and new electrical authority (which will be going into effect in October) to start preliminary discussion. Mr. Weldon inquired if any arrangements have been made for life guards. Chief Stucki advised have employed two and rest are undergoing training and he will probably hire this week. They will be on duty from June 1st through Labor Day. Mr. Holloway advised he understands going to request an area in the Park for practice by Little League and he requested the City Manager to prepare some idea of what could do so that when brought up could act on. Mr. Howell presented and read a letter from Mr. D. H. Stynchcomb regarding the Special Seawall Emergency Assessment of 1948 against Lot 2 and Part of Lot 1 Recd. D Bk 1027-147 - Block 32, Atlantic Beach, Florida, known as 133 Beach Avenue, and request- ing the City to accept payment of $439.10 principal assessment and waive the interest. He advised that at the time he pur- chased the property in 1957 that Mr. and Mrs. J. T. G. Crawford gave him a warranty deed which stated "that said land is free of all encumbrances except taxes accruing subsequent to December 31, 1956". In the meantime, both Mr. and Mrs. Crawford have died and the six months time limitation for bills against the estate has passed. We have previously allowed a settlement on the account of Mr. Ray Willis for principal, waiving the interest. Mr. Stynchcomb also presented with the letter his check in the amount of $439.10. After discussion, Mr. Rosborough moved that inasmuch as have already set a precedent that we accept Mr. Stynchcomb's check in the amount of $439.10 to cover payment of this assessment in full and that a registered letter be written to property owners who now have a Special Seawall Emergency Assessment against their property that if they wish to come to the City and pay off the principal with all interest waived they may do so, providing they do so between now and January 1st, 1969, seconded by Mr. Longo. Mr. Weldon asked Mr. Stynchcomb if he was not aware of this debt until ready to sell. Mr. Minutes 5/13/68 Page #5 Stynchcomb advised that it was a complete shock to him, but he now understood that there were those who thought the money had been put in escrow by Mr. Crawford, but the attorneys had not been able to find it if it had. Mr. Howell then put the question and the motion carried unanimously. Mr. Howell presented a letter from the Board of County Commissioners requesting the Atlantic Beach City Commission to agree for Greater Jacksonville Economic Opportunity, Inc. to continue to act as the Community Action Agency for this County. Mr. Weldon moved that in view of grave questions that have arisen recommend that City take no action until questions have been cleared up, seconded by Mr. Longo. Mr. Holloway asked if don' t take action is it an affirmative answer. It was stated that if do not take action it becomes automatic that City agrees for Greater Jacksonville Economic Opportunity, Inc. be appointed. Mr. Ball advised there is a third option that is called opting out, however, they want a letter of approval. Mr. Howell called for the question and the motion carried. Mr. Longo stated since we had a Pulitzer Prize winner in Jacksonville this year that we should note that Mr. Ed Calloway, who covers our meetings for the Jacksonville Journal, is a former Pulitzer Prize winner. Mr. Howell made recognition of the fact that last week at the University of Florida in Gainesville the degree of Doctor of Jurisprudence was conferred on our Acting City Attorney, Mr. Oliver Ball, and also on one of our citizens, Mr. Harcourt Bull, Jr. , and commended them on this honor. There being no further business, Mayor Howell declared the meeting adjourned. illiam S . Howell Attest: Mayor-Commissioner . . Adele S . Grage City Clerk