11-28-94 v ATLANTIC BEACH CITY COMMISSION
NOVEMBER 28, 1994
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the Regular meeting of November 14,
1994
2. Recognition of Visitors
3. Unfinished Business:
a. Approval of contracts for use of city facilities (Kim
Leinbach)
4. Action of Resolutions:
a. Adoption of Resolution No. 94-49 identifying needed
water, sewer, and storm water projects for the repair,
expansion and replacement of the city' s existing system
( Jim Jarboe/Bob Kosoy)
* b. Adoption of Resolution No. 94-51 expressing appreciation
to Henry Cook, Clerk of the County Court, for opening a
satellite office in Atlantic Beach (Comm. Weiss)
5. Action of Ordinances:
a. Public hearing and final adoption of Ordinance No. 80-94-
53 defining and providing regulations for failed on-site
sewage disposal systems
b. Introduction and first reading of Ordinance No. 10-94-19
amending Section 3-11 of the Code of Ordinances to amend
the regulations for consumption of beer and wine on
public property
c. Introduction and first reading of Ordinance No. 80-94-54
to prohibit the start of water service for rental
properties unless property is in compliance with all city
codes and any liens due the city are paid
d. Introduction and first reading of Ordinance No. 25-94-16
requiring the issuance of a Certificate of Occupancy for
rental property
6. New Business:
a. Award bid for solid waste collection, as specified in Bid
No. 9495-1 (Bob Kosoy)
7. City Manager Reports and/or Correspondence:
a. Report and/or action on FY 1994/95 Community Development
Block Grant contract
* AMENDED to correct Resolution Number
Page 2 AGENDA November 28, 1994
8. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
a. City Attorney to report relative to request for donation
to the Beaches Historic Society to offset the cost of
constructing a structure to protect the recently restored
train engine
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.
Any person who wishes to speak to the City Commission on any matter
at this meeting should submit a request to the City Clerk prior to
the meeting. Forms are available at the entrance to the Commission
Chambers for your convenience.
MINUTES OF THE REGULAR MEETING OF ATIANi'IC BEACH CITY COMMISSION V V
DUD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 P. M. ON 147rIDAY, 0 0
JDVII4BER 28, 1994 T T
E E
PRESENT: Lyman T. Fletcher, Mayor D D
Suzanne Shaughnessy
J. Dezmond Waters, III, and
Robert G. Weiss, Jr. , 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
ABSENT: Steve Rosenbloom (Excused)
The meeting was called to order by Mayor Fletcher. The invocation
• was followed by the pledge to the flag.
Mayor Fletcher announced there would be a tree lighting ceremony at
Russell Park, Tuesday, December 6, 1994, and a Christmas program at
Donner park, Thursday, December 8, 1994.
1. Approval of the minutes of the regular meeting of November 14,
1994 SHAUGHNESSY X X
WATERS X
Motion: Approve minutes of the regular meeting of W E I S S X X
November 14, 1994 FLETCHER X
No discussion before the vote. The motion carried unanimously.
2. Recognition of Visitors;
Jahn Rosenzweig, 2651 Tide Lane, addressed the Commission regarding
the city's .billing procedure and he presented a suggested amendment
to the City's Code (suggested amendment attached hereto and made a
part hereof) . Kim Leinbach, City Manager, was asked to review the
matter and report to the Commission with recommendations.
Carson M. Baillee, 1923 Beach Avenue, invited everyone to attend the
performance of the children's play, The Pale Pink Dragon, to be held
at the Atlantic Beach Experimental Theater.
John Meserve, 2126 Beach Avenue, reported Fleet landing bonds had
closed in October and construction would begin soon. He thanked the
city for its assistance. He indicated the Jacksonville
Transportation Authority would meet regarding the Wonderwood
Expressway on December 8, 1994, at 2:00 p. m. , and he suggested that
representatives from the beach attend the meeting.
3. Unfinished Business:
a. Approval of contracts for use of city facilities
.im Leinbach, City Manager, reported the agreements between the City
.nd the Atlantic Beach Experimental Theatre, Atlantic Beach Athletic
Page 2 - Minutes
November 28, 1994
V V
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;sociation, Y. M. C. A. , and Habitat of Humanity had been COMMRS. MSYN
....auidcu thzed, as requested.
•.HAUGHNESSY X
Motion: Approve agreement between the City and Atlantic Beach 'ATERS X
Experimental Theatre, Inc. 'EISS
:LETCHER
Under discussion, it was decided when ABET was not using the
Community Center for plays and events, that the building should be
available for the use of other groups. It was felt that all the
facilities under discussion should also be available to other
groups, and thus it was suggested that all the contracts under
discussion should include a non-exclusive clause. . HAUGHNESSY X
PATERS X X
Amended Motion: Amend all contracts to indicate that the 'EISS X X
renter adknowledges contract is nonexclusive :LETCHER X
William I. Gulliford noted ABET had requested a provision be
included in the contract recognizing that approximately $10,000 of
improvements had been contributed to the Community Center by ABET.
He suggested that a special provision be added to the contract which
specified that as each year progressed over five years that ABET
would be reimbursed 20 percent a year, only if the city did not
renew the contract. At the end of five years, however, nothing
would be returned. He suggested that the matter could be discussed
in the future.
ie question was called on the amended motion, and the motion
carried unanimously. •HAUGHNESSY X
ATERS X X
Motion: Approve contract, as amended, with Atlantic Beach EISS X X
Experimental Theatre, Inc., for use of city facilities 'LETCHER X
No discussion before the vote. The motion carried unanimously.
•HAUGHNESSY X
Motion: Approve contract between the City and the Atlantic ATERS X X
Beach Athletic Association of Atlantic Beach, Florida EISS X X
'LETCHER X
No discussion before the vote. The motion carried unanimously.
Motion: Approve contract between •the City ani the YM •HAUGHNESSY X
of Florida's First Coast of Jacksonville, Florida ETERS X X
EISS X X
No discussion before the vote. The motion carried unanimously. LETCHER X
Notion: Approve contract between the City and Habitat for •HAUGHNESSY X
Hun n;ty of the Jacksonville Beaches, Inc. of Atlantic Beach, =RS X X
EISS X X
Florida
LETCHER X
No discussion before the vote. The motion carried unanimously.
Action on Resolutions:
Resolution No. 94-49 - A RESOLUTION OF THE CITY OF =ANTIC
BEACH, FIDRIDA IDENTIFYING NEEDED roam, SERER AND STORM WATER
Page 5 - Minutes
November 28, 1994
V V
NAME OF
COMMRS. MSYN
DUE THE QTY ARE PAID, AND PROVIDING AN EFFECTIVE DATE. SHAUGHNESSY X
WATERS
Notion: Approve passage of ordinance No. 80-94-54 on first W EIS S
reading and set public hearing for January 9, 1995 FLETCHER X
It was explained two ordinances had been placed on the agenda,
ordinance No. 10-94-19 and ordinance No. 25-94-16. Ordinance No.
10-94-19 required that a Certificate of Occupancy be obtained frau
the city for rental of property to a new tenant, and ordinance No.
25-94-16 prohibited the start of water service for rental property
unless the rental property was in compliance with all city codes and
all liens paid. Mayor Fletcher asked Edward Martin, Chairman of
the Code Enforcement Board, to briefly explain the intent of the
proposed ordinances. Mr. Martin explained the objective was to
assist the Code Enforcement Board in enforcing the codes of the city
particularly with reference to absentee owners who constantly rented
property which deteriorated over time. He added the city presently
had thousands of dollars in liens on property, that the city was
unable to collect unless the property was sold.
Commissioner Shaughnessy indicated she had concerns that
implementation of the ordinances had not been coordinated with the
Code Enforcement Department and she felt it was important to
investigate whether implementation would substantially increase the
)rkload of staff. It was suggested that the time element between
_irst and second readings of the ordinance be prolonged so staff
would be able to study the impact of the proposed ordinance. It was
suggested that second reading of the ordinance be postponed until
January 9, 1995. It was suggested that the ordinance contain a
definition of rental property so that there would be no confusion.
Commissioner Weiss felt because both ordinances required property to
be in compliance with all city codes, and an undue burden was placed
on rental properties as contrasted with other uninspected residences
in the same physical condition. He felt the ordinances would also
penalize someone who would like to move into a rental property.
Also, a great deal of pressure would be put on the owner of property
to be responsible for any amount of money his tenant did not pay.
He cited various problems that could occur with reference to the •
billing of water, as well as inspections that would have to be done
on the properties, and he felt the city could perhaps find a better
way to bill residents. He indicated that a problem could occur when
two units shared a water meter. With reference to the Certificate
of Occupancy referred to in ordinance No. 25-94-16, he felt since
this was not mentioned in the Code of the City, that it might
constitute a problem. Also, it was indicated that a Certificate of
Occupancy was not required when a property changed hands through a
sale. He suggested that both ordinances be postponed indefinitely. SHAUGHNESSY X
WATERS X X
Motion: Postpone indefinitely action on ordinance No. 80-94-54 WEI SS X X
FLETCHER X
No discussion before the vote which resulted in 3-1 with Mayor
Fletcher voting nay. The motion carried.
Page 6 - Minutes
November 28, 1994
V V
NAME OF
COMMRS. MSYN
Alan Jensen explained Certificate of Occupancy was identified in the
Southern Standard Building Code which was adopted by the city's
code. It was explained Certificate of Occupancies were issued on
new construction.
Commissioner Weiss indicated he would like to assist Code
Enforcement in the future. Mayor Fletcher asked Commissioner Weiss
to meet with Edward Martin with the purpose in mind of drafting new
ordinances. Commissioner Waters felt many landlords who resided in
the city were successful in maintaining their property. He
suggested since it was the intent to deal with absentee landlords,
perhaps a clause indicating this intent could be placed in the
proposed language.
d. Ordinance No. 25-94-16 - First Reading
Mayor Fletcher presented in full, in writing ordinance no. 25-94-16.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES BY ADDING ANEW SECTION REQUIRING A CERTIFICATE
OF OCCUPANCY FOR RENTAL OF PROPERTY TO ANEW ANT, REQUIRING THAT
SUCH CERTIFICATE SHALL NOT BE ISSUED UNLESS THE RENTAL PROPERTY IS
IN COMPLIANCE WITH ALL CITY CODES AND ANY LIENS DUE THE CITY ARE
PAID, AND PROVIDING AN EFFECTIVE DAZE.
SHAUGHNESSY X
X
Notion: Approve passage of ordinance No. 25-94-16 on first WEISRS X X
reading and set public hearing for January 9, 1995 FLETCHER X X
Commissioner Waters felt this ordinance fell under the same
consideration as ordinance No. 80-94-54, and that more time was
needed to consider the ramifications of the ordinance.
SHAUGHNESSY X
Notion: Postpone indefinitely action on ordinance No. 25-94-16 WATERS X X
WEISS X X
The question was called to postpone indefinitely action on ordinance FLE TCHE R X
No. 25-94-16 and the vote resulted in 2-2 with Commissioner
Shaughnessy and Mayor Fletcher voting nay. The motion failed for
lack of majority vote.
The question was called to approve passage of ordinance No. 25-94-16
on first reading and set public hearing for January 9, 1995 and the
vote resulted in 2-2 with Commissioner Shaughnessy and Mayor
Fletcher voting nay. The motion failed for lack of majority vote.
6. New Business:
a. Award bid for solid waste collection, as specified in Bid No.
9495-1
Kim Leinbach, City Manager, explained staff went through a process
of prequalifying bidders. City staff recommended awarding the bid
:o the lowest prequalified bidder, Jacksonville Waste Control, for
the term of six years. It was further recommended that city
equipment be sold for the appraised price of $225,420.00, this sum
to be submitted to the city prior to commencing work. Approval was
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Page 8 - Minutes
November 28, 1994
V V
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COMMRS. MSYN
Richardson property to be purchased for possible parkland. He
indicated he would like the matter to be placed on the next agenda.
Under discussion, it was decided to approve $700 to procure an
appraisal.
SHAUGHNESSY X
Notion: Authorize up to $700.00 for appraisal of Richardson NATE RS X X
ply jVEISS X X
FLETCHER X
No discussion before the vote. The motion carried unanimously.
Mayor Fletcher advised everyone there would be a planning workshop
Monday, December 5, 1994, at 4:30 p. m. at which time the water and
sewer projects would be discussed.
It was announced the Beautification Committee would have a lighting
of luminaries Sunday, December 18, 1994, and Christmas Eve, December
24, 1994. To encourage citizens to participate the Beautification
Committee would sell candle kits at the pavilion in Jack Russell
Park on Saturday, December 10, 1994, at 10:00 a. m.
There being no further business the mayor adjourned the meeting at
8:30 p. m.
440000
Alt" de4„
L;.or T. Fletcher
Mayor/Presiding Officer
ATTES T:
MauieenKing P 5
City Clerk
azZtti/ 1/1-;;41
As originally written:
Sec. 22-174 . Delinquent Bills .
"If any bill for monthly sewer, water or garbage service shall
remain unpaid on and after the fifteenth day from the billing date,
dated on the bill, a penalty of 10% of the amount due shall be
imposed and added to the bill . If the bill remains unpaid for a
period of five (5) additional days, then all services shall be
discontinued. . . "
Recommended changes to Section 22-174 :
Sec. 22-174 . Delinquent Bills.
"If any bill for monthly sewer, water or garbage service is
received in person, or postmarked more than fifteen days from the
billing date, dated on the bill, a penalty of 10% of the amount due
shall be imposed and added to the bill . If payment is not received
in person, or is postmarked more than five (5) additional days
then all services shall be discontinued. . . "