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09-05-89 v CITY OF ATLANTIC BEACH SPECIAL CALLED COMMISSION MEETING TUESDAY, SEPTEMBER 5, 1989. 6:00 PM AGENDA Call to order 1. Continuation of budget discussion for FY 1989/90 2. Any other business Adjournment MINUTES OF THE SPECIAL MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON TUESDAY, SEPTEMBER 5, 1989 AT 6:00 PM The meeting was called to order by Mayor Gulliford. Present, in addition to the Mayor, were Commissioners Cook, Edwards, Jensen, and Tucker. Also present were City Manager Leinbach, Finance Director Royal, and City Clerk King. 1. Continuation of budget discussion for FY 1989/90 Budget discussion at this meeting included Account 533, City of Atlantic Beach Water; Account 535, Sewer; 529 Police Trust, and Account 572, Parks and Recreation. The Finance Director pointed out the Water Department was not self-supporting. The department is involved in ongoing rehabilitation work and plans to paint and wash the water tower this year and Mr. Royal said he felt the capital projects would have to be cut or accomplished through a phased approach. Engineering fees were included in the Capital Improvement and Renewal and Replacement, making these figures appear inflated. Mr. Royal was asked to develop a financial plan whereby both the Water and Sewer Departments would be self supporting. The city staff were to work together and prioritize projects and bring the Water Department budget to a balanced figure. It was felt the city should consider the possibility of hiring a consulting engineering firm to develop a comprehensive plan and consider the possibility of hiring a city engineer. The City Manager agreed with this suggestion. Mayor Gulliford said the suggestion had recently been made to him to use the Buccaneer sewage tanks for equalization and pump the effluent to Atlantic Beach plant for treatment during off-peak hours. He said this appeared to be a possible option and felt it may be worth considering. In discussions on Police Trust budget, Mr. Royal pointed out the law relative to revenues from fines and forfeitures had recently changed and the city was realizing less revenue from this source. This revenue had been used for training and the shortfall would now have to be subsidized by the general fund. Discussion then ensued relative to the Christmas activities and it was agreed the $5,000 which had been approved at the last regular Commission meeting, would be transferred to the Recreation Department. The $650. for refurbishing, displaying, removing and storage of Christmas decorations was included in this figure. The possibility of planting a live tree at City Hall to be used in future years' activities was also discussed. Ms. Blanchard pointed out some additional electrical work may be needed at City Hall to accommodate the addition of a lighted tree at City Hall and it was agreed this cost should also be included in the $5,000. Mr. Leinbach asked whether the city had contracted public relations work in connection with the recycling program. He said he felt this needed to be reviewed since he did not feel much work was needed now that the recycling program had been implemented. Page Two Minutes of Special Commission Meeting September 5, 1989 Discussion then ensued regarding revenues and Mayor Gulliford pointed out most cities charge a 10% utility tax and the city may wish to consider this. The City clerk explained it was too late this year to make any adjustment on the occupational license fees. Ms. Blanchard said Parks and Recreation had presented plans to introduce some user fees and she would make the proposed schedule of fees available to the Commission for their review. Ms. Blanchard and Mr. Leinbach were directed to draft an ordinance outlining the proposed fees for approval by the Commission. 2. Any other Business: Mayor Gulliford said he wished to make an observation regarding the special meeting of the Commission the previous Thursday night on the subject of the issuance of a building permit to Mark Kredell to construct two townhouses on property in North Atlantic Beach. He said he believed reasonable men could disagree and hoped those disagreements would be met with objectivity and not subjectivity. Mayor Gulliford read a prepared statement, copy of which is attached hereto and made a part hereof. The mayor said he wanted to clear the purpose and intent of the meeting. He said he hoped Commissioner Cook took no offense at his statement and that none had been intended. There being no further discussion, the Ma or declared the meeting adjourned at 7:30 PM. A WilliaI. Gulli '.rd Mayor/Presiding Offic \ ATTEST: / Maur:en King, City Clerk l/ qtr alb 't;':1 ley:4U PILO! EQUIPf°LENT IACI':SONVILLE,FL. P.:9 L\ V" 4114 This past Thursday we met at a special called meeting to inquire and investigate a situation concerning a building permit for two townhouses to be built on two substandard lots in north Atlantic Beach . Commissioner Cook challenged our right to be meeting and on two occasions moved for adjournment which were not sustained . Mr . Cook contended that we were leaving our legislative realm, and had no right to be meeting on this topic . I submit to you that Mr . Cook was in error. Z call your attention to section 164 of the Charter on page 24 .The section states " The city commission . . . shall have power at any time . to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesse.a and the production of books, papers and other evidence; and for that purpose may issue supoenas" . The section goes on to offer procedure and that this body is empowered to levy fines or imprisonment for the failure to obey supoenas or produce evidence as ordered . For sure we were within our rights to meet , inquire , and investigate on a building permit that had been issued by en employee of the City which seemed to be in conflict with an opinion rendered by the former City Attorney, had not gone to the Community Development Board, and had caused considerable turmoil in the surrounding neighborhood , SEP n6 '89 09:39 FILOT EQUIPMENT JHCK: ON 'ILLS.FL. P.E Furthermore , under Section 4 of our Charter, entitled General Powers , we are charged "to regulate building and density of population, and the nature , height , size and use of buildings and other structures , for the purpose of promoting the health, safety, morals or general welfare of its residents : " Certainly the intent of this section would seem to be compatible with a desire to investigate and inquire into this particular situation. There was no official action taken by this body, only a suggested direction to the City Manager. It would have been appropriate for Mr. Cook to have withheld his comments until a direction towards a motion and a vote by this body was apparent . To state that you are not going to vote on something that has not been offered for a vote seems a bit out of synch. I had no intention of taking any official action without a City Attorney present . I wanted all of the facts pertinent to a difficult situation brought to the attention of this Commission . 0°1' BMWS REQUEST +UDzET WR"!RKS1 0P FY 1'3e'3-'Int ADDITIONS ACCOUNT NO. DEPARTMENT kDELETIONS' M 0 3 Z1-3:sl-lb1100 Fines and Forfeitures s:3ONM;f?eversue account, decreases net diff.trtw.rev. ((ff��{ and ex p. Y1[I-J 1�{1 4(-3l b'0 0ercera l �c er'S'meYtt I SSR,�71f�21.1! Co3Rprhens i ve Personnel rse l St ud .M-t41-62Z0 #t:,apixaF Projects 7.4W Russell Park Concession Stand 3Z--141-63Z3 *Capital Projects a'_t.54W1 Russell Park Lights Total 0ersera l Fund 39s tai'��3 40-t33-630Z L.A.B. boater Fund r81Z :,LaZL lReductic<ts cr Water PIt. Improvements to balarsc+ the budget for this fund. ' "- Mese changes also affect the Iaerserai Fund as monies WIII have to be transferred to tete Capital Projects Fund for these project=_..