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06-26-95 v ATLANTIC BEACH CITY COMMISSION JUNE 26, 1995 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of June 12, 1995 2. Recognition of Visitors A. Interviews with Financial Organizations as follows: 7: 15 PM - Evensen Dodge 7:30 PM - First Union Capital Markets 7:45 PM - Public Financial Management 8:00 PM - William R. Hough 3. Consent Agenda: A. Award contract to rehabilitate fourteen homes pursuant to the specifications of Bid No. 9495-17, as recommended by the Awards Committee 4. Committee Reports: A. Code Enforcement Review Committee - Chairman Mike Borno 5. Action on Ordinances: A. Introduction and first reading of Ordinance No. 95-95-63 to amend Chapter 2, Article V, Division 2, Code Enforcement Board, to adopt Florida Statutes, Chapter 162 B. Introduction and first reading of Ordinance No. 25-95-27 to amend Buildings and Building Regulations to adopt a standard for storm shutters and termite protection 6. New Business: A. Action on a request by June McGrath for consideration to allow vending or mobile vending on Atlantic Beach B. Selection of a financial advisor for the city C. Accept water & sewer lines for Courtyards for public maintenance (Bob Kosoy) 7. City Manager Reports and/or Correspondence: 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. 4 MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD ON MONDAY, JUNE 26, 1995 0 0 T T PRESENT: E E Steven M. Rosenbloom D D Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 ` . yman . e c er, 'ayor excuse) The meeting was called to order by Mayor Pro Tem Waters. The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the Regular Commission meeting of June 12, 1995 Motion; Approve minutes of the regular Commission meeting of June 12, 1995 Commissioner Rosenbloom referred to discussion that had occurred with reference to Donner Park. He indicated the minutes reflected site selection and the location of the bathrooms of the new building had been discussed, as well as demolition of the existing restrooms. He felt the matter of site selection and architectural design had been voted on, and since the matter had not been brought back to the Commission by a member of the prevailing side, the matter should remain as voted on previously. With reference to the existing restrooms, he felt the Commission had voted and agreed to not tear down the existing restrooms, and that under Roberts Rules of Order the prevailing parties would have to bring the matter up for discussion. Kim Leinbach, City Manager, explained that at the meeting of June 12th, Sharette Simpkins presented a petition asking the Commission to consider the following matters: demolishing the existing restrooms, readdressing the proposed site, and readdressing the bathrooms in the new building. Mayor Pro Tem Waters indicated nothing had been decided upon relative to demolition of the existing restrooms, and the matter still remained to be considered. Commissioner Weiss explained consideration of the matters indicated in the petition was a unilateral decision of the Mayor, and the matter was not voted on. Mayor Pro Tem Waters explained the Mayor was presented with a substantial list of names on a petition requesting the Minutes, Page 2 June 26, 1995 V V NAME OF COMMRS. MSYN • • - • • - - I - . - 'lamned the Mayor, as a courtesy to the Donner residents, agreed to look at the matter again, but no action was taken. While it was felt by some Commissioners that the issues should be readdressed, other Commissioners felt since the prevailing side did not bring up the issue, under Roberts Rules of Order the matter could not be brought up or considered again. Under further discussion relative to the minutes, Kim Leinbach referred to the $6,000 expenditure to construct a fence at the dune crossover at 16th Street and he advised the Commission that funds would be utilized from the General Fund. The question was called and the motion carried unanimously. 2. Recognition of Visitors; Barbara Bonner, 463 Selva Lakes Circle, requested additional decal parking. Mayor Pro Tem Waters asked the City Manager to pursue the matter. David Thompson, Chief of Police, indicated there were many spaces that could be identified and designated for decal parking. He indicated he would find out when the Parking and Traffic Committee would be meeting again, and that he would pursue the matter. a. Interviews with Financial Organizations as follows; 7:15 pm - Evensen Dodge 7:30 pm - First Union Capital Markets 7:45 pm - Public Financial Management 8:00 pm - William R. Hough Mayor Pro Tem Waters explained that following the presentations Commissioners would rank their choice on a tally sheet that had been provided by the City Clerk, after which the matter would be voted on and staff directed to enter into negotiations with the first choice. Ann Meuse explained the selection of a firm would be contingent upon satisfactory references and a successful negotiation of a contract with the city. Presentations were given by Evensen Dodge, First Union Capital Markets, Public Financial Management, and William R. Hough. Following the presentations Mayor Pro Tem Waters indicated there would be a five minute recess at 9:00 p. m. Following the recess the Mayor Pro Tem asked City Clerk, Maureen King to provide the Commission with the results of the ranking by Commissioners. Mayor Pro Tem Waters announced the first choice was First Union Capital Markets, second choice was Public Financial Management, third choice was William R. Hough, and fourth Minutes, Page 3 • June 26, 1995 V V NAME OF COMMRS. MSYN choice was Evensen Dodge (tally sheets attached hereto and made a part hereof - Exhibit A) ROSENBLOOM X X SHAUGHNESSY X Motion: Instruct staff to negotiate contract with FirstWISS X X Union Capital Markets and bring the contract back to thew ATE RS X Commission for action. The question was called and the motion carried unanimously. 3. Consent Agenda: a. Award contract to rehabilitate fourteen homes pursuant to the specifications of Bid No. 9495-17, as recommended by the Awards Committee ROSENBLOOM X X SHAUGHNESSY X X Motion: Approve passage of Consent Agenda WEI SS X WATERS X George Worley, City Planner, indicated the amount budgeted was $164,478, and the entire project total was $163,064. He explained, however, the contract between the City of Atlantic Beach and the City of Jacksonville HUD limited total expenditure for rehabilitations to $20,000 per residence. He indicated several of the low bids exceeded that amount. The contractors were aware of the monetary cap but were asked to bid on the work specified. Both contractors have agreed to eliminate lower priority items of work to reduce the contract amount to $20,000 on those houses which exceeded the cap. The question was called and the motion carried unanimously. 4. Committee Reports: a. Code Enforcement Review Committee Mike Borno, Chairman of the Code Enforcement Review Committee, reported concerning the tasks that were performed by the Committee. He presented a report from the Committee (attached hereto and made a part hereof - Exhibit B) , indicating the committee recommended the Atlantic Beach city code needed updating. Mayor Pro Tem Waters indicated he would receive the report on behalf of the Commission and that the proposed ordinance updating the code would be placed on the agenda for the meeting of July 10, 1995. 5. Action on Ordinances: a. Receive for information and/or discussion draft of an ordinance to amend Chapter 2, Article V, Division 2, Code Enforcement Board, to adopt Florida Statutes, Chapter 162 (this was handled under agenda item 4a; Commission received the report and indicated the draft ordinance would be on the July 10, 1995 agenda) b. Ordinance No. 25-95-27 - First Reading Minutes, Page 4 June 26, 1995 V V NAME OF COMMRS. MS Y N AN ORDINANCE Or' Ttir. Lgts Vr' A LA TIZ BEALH, YtORTDA, AMMDING CHAPTER 6 OF THE CODE OF ORDINANCES BUILDINGS AND BUILDING REGULATIONS, BY AMENDING SECTION 6-23 ADDING DESIGN CRITERIA FOR STORM SHUTTERS; AMENDING SECTION 6-17 PERTAINING TO TERMITE PROTECTION AND SECTION 6-35 AND 6-60 ALLOWING BUILDING DEPARTMENT TO TEST HOMEOWNERS FOR PERMITTING Mayor Pro-Tem presented in full, in writing, Ordinance No. 25-95-27. ROSENBLOOM X X SHAUGHNESSY X Motion: Approve passage of ordinance No. 25-95-27 on WEISS X X first reading and set public hearing on July 10, 1995 WATERS X Commissioner Waters requested that specific language be included in the proposed ordinance, as explained in a memorandum from Don Ford, Building Official, dated June 21, 1995 (attached hereto and made a part hereof - Exhibit C) . The question was called and the motion carried unanimously. 6. New Business: a. Action on a request by June McGrath for consideration to allow vending or mobile vending on Atlantic Beach June McGrath, 10 Tenth Street, #41, requested permission to operate mobile vending on Atlantic Beach. She read from a letter dated June 13, 1995 that was submitted to the Commission (attached hereto and made a part hereof - Exhibit D) . ROSENBLOOM X Motion: Allow mobile vending on Atlantic Beach SHAUGHNESS`_ X WEISS When asked to explain the procedure to allow vending Alan WATERS Jensen, City Attorney, explained the City Code of Ordinances would have to be amended to allow vending on Atlantic Beach. He further cautioned Commissioners that to allow one category of vending on the beach would open the door to allowing other categories of vending to operate on the beach. Whereas some commissioners were in favor of having limited vending, other commissioners opposed the idea. Following further discussion, Commissioner Shaughnessy withdrew the motion to allow mobile vending on Atlantic Beach. ROSENBLOOM X X SHAUGHNESSY X X Motion: Direct staff to draft ordinance to allow vending WEISS X on Atlantic Beach with input from the Commission WATERS X Under discussion, it was suggested the rules of the Health Department would have to be met, liability would have to be considered, and citizen input should be obtained. The question was called and the vote resulted in 2-2 with Commissioner Weiss and Mayor Pro Tem Waters voting nay. The Minutes, Page 5 • June 26, 1995 V V NAME OF COMMRS. MSYN muLiun tailed. b. Selection of a financial advisor for the city (this was addressed earlier in the agenda, under Item 2a) c. Accept water & sewer lines for Courtyards for public maintenance Bob Kosoy, Public Works Director, indicated the developer for the Courtyards property was SOFORENKO BEE, INC. The division was zoned for single family housing, and all sanitary sewer and water construction had been installed per the City of Atlantic Beach standards. ROSENBLOOM X X SHAUGHNESSY X Motion: Accept the Water and Sewer utilities in the WE ISS X X Courtyards for public maintenance WATERS X Following a brief discussion, the question was called and the motion carried unanimously. 7. City Manager Reports and/or Correspondence: Kim Leinbach, City Manager: . . .reported the City had joined the Florida Public Pension Trustees Association and that members of the Pension Board were attending a seminar June 25-28, 1995. . . .A maintenance bond of $10,000 had been obtained by the city from Selva Linkside Unit II, Phase 2, for remaining curbing, paving, and drainage structure repairs . . .Chief Ruley had met with lifeguards and addressed their concerns. The roof of the lifeguard station had been repaired and there were no leaks; three vehicles were operating--two railers and one four wheel drive truck; and recommendations had been made for improvements to the lifeguard towers, with city crews performing the work. Long and short term goals had been identified, and it was determined the beaches were safe. 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: Commissioner Weiss: . . .expressed concern that vehicles might not be able to drive under the pier at Atlantic Beach after renourishment was accomplished. Under discussion, it was also felt the pier blocked visibility of the lifeguards. Kim Leinbach was asked to contact owners of the pier regarding the safety issue. . . .commended Chief Ruley for handling the recent lifeguard concerns. . . .commended Lt. Hill, Fire Department, for assisting Selva Marina in getting water to their pool. Minutes, Page 6 June 26, 1995 V V NAME OF COMMRS. MSYN couuuissiuiier Shaughnessy: . . .requested that Sharette Simpkins be recognized at the next meeting when all Commissioners would be in attendance for being chosen for the EVE award. . . .referred to discussion that occurred at the last Commission meeting, and felt Mayor Fletcher was trying to accommodate the wishes of residents of the Donner Community Commissioner Rosenbloom: . . .commended Ann Meuse, Finance Director, for selection of Financial Advisors. . . .referred to the Donner issues, and felt if the issues were revisited, issues on other matters should also be revisited; he felt at some point matters had to be brought to a finale. . .reported Bill Blackard was trying to stop work on the building of the 16th Street crossover, and he urged staff to move forward with vigor. Mayor Pro Tem Waters: . . .asked Commissioner Weiss to attend the conference of the Florida Beach & Shore, and indicated the city would absorb the cost. . .indicated that Mayor Fletcher was communicating with Jacksonville with regard to the lawsuit, even though he was on vacation. . . .asked staff to ensure that actions of the commission at their regular meetings were completed. . . .referred to the triangular parcel of land bounded by Sixteenth Street, Ocean Boulevard, and Seminole Road designated as a park via Resolution No. 95-18, and asked Dorothy Kerber to assist in selecting a name for the park. There being no further business the Mayor Pro Tem adjourned the meeting at 10:25 p. m. /f . De .gond aters, III Mayo'r Pro em/Presiding Officer ATTES T: Mau een King City Clerk !0- a( -qs TALLY SHEET FINANCIAL ADVISOR RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE EVENSEN DODGE 11 FIRST UNION CAPITAL MARKETS PUBLIC FINANCIAL MANAGEMENT WILLIAM R. HOUGH 1 (111 Signature L t.k Ul' 0✓ Date (l11ri� TALLY SHEET FINANCIAL ADVISOR RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE EVENSEN DODGE Lf FIRST UNION CAPITAL MARKETS PUBLIC FINANCIAL MANAGEMENT l WILLIAM R. HOUGH 3 Signature 0" Date TALLY SHEET FINANCIAL ADVISOR RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE EVENSEN DODGE �1 f3 FIRST UNION CAPITAL MARKETS PUBLIC FINANCIAL MANAGEMENT I WILLIAM R. HOUGH 4 Signature �.t..tJ j -t- 4-4-4-4 {- Date oC , j a:� 6 6/oVoiq 5 • TALLY SHEET FINANCIAL ADVISOR RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE EVENSEN DODGE v FIRST UNION CAPITAL MARKETS PUBLIC FINANCIAL MANAGEMENT VI WILLIAM R. HOUGH ,Signature401,1111k6 Date `V (0- ah - ors- CODE cjCODE ENFORCEMENT REVIEW COMMITTEE OUTLINE OF TASK: 1 . Determine if any problems exist with code enforcement procedures; 2. If problems exist, identify them; 3. Review and compare legislative solutions adopted in other cities to address the problems; 4. List solutionss that already exist in Atlantic Beach's ordinances and city codes; 5. Compile a list of legislative or procedural recommendations about these problems for the City Commission. REPORT AND RECOMMENDATIONS: After reviewing the Atlantic Beach code enforcement procedures, and following discussion with the city's Code Enforcement Board and Code Enforcement Officers, the committee has determined that there are no serious problems with the existing code enforcement procedures. The committee did identify the following areas that should be addressed: 1. It was the consensus of the committee that, considering the value of the outstanding liens owed to the City of Atlantic Beach, that requiring the issuance of Certificates of Occupancy when new tenants move into rental properties, or the withholding of water service from tenants of rental property with liens or delinquent water bills, was unnecessary and labor intensive, was unfair to new tenants, and is not recommended for further consideration by the City Commission. 2. Our review and discussions did identify that the Atlantic Beach city code, Division 2, Code Enforcement Board, (Pages 167 - 172 ) needed updating. The language in Section 2-147, Procedure; hearings, is different from Florida Statutes and does not address repeat violations; Section 2-149, Penalties; Lien, does not indicate that repeat violations may be fined up to $500.00 per day; authorizes filing of lien after one year - F.S. authorizes filing of lien after three months; Section 2-150, Duration of Lien, indicated that liens may not continue longer than two years - F.S. allows twenty years. 5/ Code Enforcement Review Committee Report Page Two The committee recommends adoption of the draft ordinance attached hereto to bring the city code up to date and into conformity with Florida Statutes. 3. The committee recommends that city staff provide the local newspapers with information relative to the actions of the Code Enforcement Board and request that they publish a summary of the board activities. The committee also recommends that the Atlantic Beach newsletter be used to educate the community regarding common violations such as the weed abatement ordinance, parking of boats and R.V. ' s, etc. , and be used as a vehicle to provide information regarding the method of reporting alleged violations. It is our feeling that many citizens are not aware that they may be in violation of city ordinances. 4. The committee feels strongly that there are areas of the city codes and ordinances that over the years, have developed conflicts between ordinances, are overlapping, or have become outdated. The committee recommends that a citizens' committee be appointed to meet with the city staff (who are already familiar with numerous problem sections) to review the entire city code and recommend appropriate amendments to the City Commission. This committee acknowledges that there currently are several sections of the city code under review; we recommend that other problem sections of the code be reviewed. The following members of this committee have agreed to serve on such a committee, if appointed: Peter Sapia, Jane Wytzka, and Roger Kjar. 5. The committee understands that software is available for approximately $1, 500.00 which would allow the computerized city code to be searched for all occurrences of any subject. This would be effective in identifying, and thus, eliminating conflicting sections of the code. The committee recommends that the city approve funding to acquire such software. The committee wishes to thank the Atlantic Beach City Manager, Mr. Kim Leinbach, for listening to and considering the various recommendations that this committee determined were under his and his staff' s areas of responsibility. Acknowledgements: CODE ENFORCEMENT BOARD: The committee would like to recognize and applaud the Atlantic Beach Code Enforcement Board and its chairman, ` (c- a-6- 61S Code Enforcement Committee Report Page Three Mr. Ed Martin, for the dedicated and concerned manner in which they perform their work for this community. Mr. Martin's professional approach, and his concern for fair hearings and equal application of the law, as well as his willingness to seek new approaches, is an asset to the City of Atlantic Beach. Mr. Martin' s willingness to work with this committee helped the committee to better understand the functions of the Code Enforcement Board. We owe Mr. Martin and the Code Enforcement Board a debt of thanks. CODE ENFORCEMENT OFFICERS: The committee would like to thank Mr. Don Ford and Mr. Karl Grunewald for their dedicated support and for providing the required information to this committee in a timely manner. Both of these gentlemen attended our meetings, provided requested data quickly, and were an integral part of this committee. This committee and our community owe both of you a debt of thanks and acknowledgement for your dedicated and professional performances. Thank you. CITY STAFF: This committee owes each and everyone we came in contact with during this review, our thanks for your willingness to help and answer our questions. CITY CLERK: Mrs. Maureen King. Madame, this committee could never have attempted, let alone completed the task, if it were not for you. You were our guiding light, helpful, timely, courteous, and a true professional. We thank you, and I thank you. It is always a pleasure to work with you and your office. ORDINANCE NO. 95-95-63 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, DELETING SECTIONS 2- 147 THROUGH 2-151, AND CREATING A NEW SECTION 2-147 ADOPTING FLORIDA STATUTES, CHAPTER 162, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida: SECTION 1. Chapter 2, Administration, Article V, Boards and Commissions, Division 2, Code Enforcement Board is hereby amended to delete Sections 2-147 through 2-151 and to create a new Section 2-147 adopting Florida Statutes, Chapter 162, and providing an effective date. Sec. 2-147. Adoption of Florida Statutes, Chapter 162. Florida Statutes, Chapter 162, is hereby adopted, subject to modifications, changes and amendments set forth in this article, for the purpose of establishing rules and regulations for the enforcement of the codes and ordinances of the city of Atlantic Beach. Section 2. This ordinance shall take effect immediately upon its final passage and adoption. Passed by the City Commission on first reading this day of , 1995. Passed by the City Commission on second and final reading this day of , 1995. LYMAN T. FLETCHER Mayor/Presiding Officer ATTEST: MAUREEN KING City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney FA 1)4 _ •% CITY OF i ileIc t.GC Ee e - (O1L4.ceQ •3� 800 SEMINOLE ROAD ATLANTIC REACH, FLORIDA 32233-5445 4*. � TELEPHONE(904) 247-5800 .,111k FAX(904)247-5805 MEMORANDUM June 21 , 1995 TO: Kim D. Leinbach, City Manager FROM: Don C. Ford, Building Official RE: Ordinance No. Chapter 6 Code Amendments Section 6-23 - Add storm shutter design criteria. This addition to the code will add acceptable designs for storm shutters to meet or exceed 110 m.p.h. wind loads . The reason for this change is to better protect structures during high winds . The insurance industry has adopted this design criteria and is allowing discounts , reduced rates , etc. , as long as the installation of shutters is permitted and inspected by the local building department . Section 6-17 - The pest control industry has reduced the strength and type of chemical being used to protect houses from termites . This action was initiated by the E. P.A. in 1987 because chemicals being used at that time were classed as cancer causing agents and were showing up in shallow wells and in ground water. The chemicals being used now do not last as long. The Governors Committee to investigate increasing termite infestations has found that quality control in the industry is lacking and that building inspectors could increase inspections to ensure proper coverage of chemicals used under slabs for new homes . This amendment will help us affect better protection for new homes . Section 6-35 and 6-60 - This amendment will include the City of Atlantic Beach Building Department as a testing agency. The ordinance presently states "the City of Jacksonville Beach, the City of Jacksonvile , and the Southern Building Code Congress" , as acceptable tests . Our experience has shown the City of Jacksonville Beach and the City of Jacksonville will not test homeowners to work on their homes in Atlantic Beach . This has placed the homeowner in a "Catch 22" in that the City will allow him (homeowner) to install his plumbing or electric if he passes the Jacksonville Beach or the City of Jacksonville tests but Jacksonville Beach or Jacksonville will not allow him to take the tests . The Building Department will administer the tests on an as needed basis . So far we have had only four recorded requests for testing in the last five years . DCF/pah •_ JUN 13 '95 10:07 FR CSX F'ELOCHT I ON CENTER90 qs 10 Tenth Street, #41 Atlantic Beach, FL 32233 June 13 , 1995 Atlantic Beach Mayor Lyman Fletcher and Commission I respectfully submit your consideration to allowing vending or mobile vending on Atlantic Beach. With a changing and growing Jacksonville, I see a real service to beach goers to have available hotdogs, sodas and chips. It is also an opportunity for small business to succeed. I ask for your consideration to go beyond the summer season. With the Jacguars season going late into the Fall, more visitors will frequent the beach, weather permitting. I understand this request has been reviewed previously by your office and declined with the thought that patrons to the beach can access establishments such as the Sea Turtle for lunch. For those visitors that frequent the beach 10 and 20 streets north of the Sea Turtle, this is not practical. Your consideration is most appreciated. L 2/)/// rune McGrath �- 359-1777 (D) fax to 247-5805 Maureen King, City Clerk - Please advise if my request will be on the June 27th agenda. Thank you. ;')/4