04-26-93 v MINUTES OF THE WORKSHOP MEETING OF ATLANTIC BEACH CITY COMMISSION
HELD IN CITY HALL, 800 SEMINOLE ROAD AT 5:30 PM ON MONDAY, APRIL
26, 1993.
Present: William I . Gulliford, Jr. , Mayor
Glenn A. Edwards, Commissioner
Lyman T. Fletcher, Commissioner
Adelaide R. Tucker, Commissioner
J. Dezmond Waters, III , Commissioner
And: Kim D. Leinbach, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
And: Rose Blanchard, Parks & Recreation Director
Jeff Croom, Parks & Recreation Board Member
And former Adele Grage Community Center Committee:
John W. Weldon
Barbara Bonner
Dorothy Kerber
The meeting was called to order at 5:30 PM by Mayor Gulliford who
explained the meeting had been called for the purpose of drafting
a policy for the use of the Adele Grage Community Center which
could be uniformly applied to all individuals or groups wishing to
use the facility.
The first item considered was the hours which the community center
should be made available for public use and following discussion,
by a vote of 4 - 1 with Commissioner Waters voting nay, the hours
of use were established as follows: Sunday, 11 :00 AM to 10: 00 PM;
Monday through Friday, 9 : 00 AM to 11 :00 PM; Saturday 8 : 00 AM to
12 :00 midnight.
The type of activities which would be allowed, and whether
alcoholic beverages should be permitted on certain occasions, was
then discussed. The City Manager pointed out the city code would
need to be amended to allow alcoholic beverages on special
occasions at the Adele Grage Community Center and other occasions
such as the Town Center festivals, etc. Bob Weiss, 253 Seminole
Road, inquired as to the responsibility of the city, the group or
individual putting on the function and he felt there should not be
a problem so long as the entity putting on the function was held
strictly responsible for the behavior of their group or if there
was a larger deposit to cover any additional cleaning, etc.
Following further discussion it was agreed to review the city
ordinance to see if it should be amended.
Discussion then ensued regarding using the community center for
campaign activities by a candidate running for office. The City
attorney indicated he had checked into this in the past and he
would review his notes and advise the City Commission. In the
Page Two
Minutes - Committee of the Whole
April 26, 1993
meantime it was unanimously agreed to allow the use of the building
for campaign related activities, subject to advise from the City
Attorney that this would not violate any state statute.
Discussion then ensued regarding the use of the building by
commercial entities and it was unanimously agreed the community
center would not be used for the sale of services, commodities or
products sold for personal or corporate business gain.
In response to a question from Commissioner Tucker Parks &
Recreation Director Blanchard reported she had received a request
from a church to use the community center every Sunday from
approximately 1 :00 PM to 3:00 PM for about a year until they
establish a church.
Discussion then ensued regarding fees and it was agreed an
Atlantic Beach resident must act as a sponsor and subscriber for
any activity. Comparisons were made of fees charged by other
facilities such as the Beaches Library and Jacksonville Beach
Community Center. John Weldon addressed the City Commission and
pointed out he had served on the Adele Grage Community Center
Committee after the new City Hall was opened. He reminded the City
Commission that Resolution No. 91-20 adopted on July 8, 1991 ,
established a schedule of fees for the use of the community center.
Subsequently, agreement forms were prepared covering the charges
and rules for the use of the building. He felt the charges were
reasonable and he encouraged the City Commission to honor the
charges which had been approved and enforce them uniformly and with
equity. Barbara Bonner and Ruth Gregg agreed with Mr. Weldon and
Ms. Gregg also encouraged the city to charge the established fees
to all entities equally and reinvest the funds in the community.
Discussion ensued regarding the fees which had been established and
whether it was reasonable not to charge anything for the use of the
building during the day and it was explained the Adele Grage
Community Center Committee had recommended that no fee be charged
for daytime use of the building since city staff was already there
and the building was open. It was felt groups wishing to use the
community center in the evening should be allowed to pick up a key
to the building and be required to pay a substantial key deposit.
Ms. Blanchard indicated a problem arose in the evening since groups
wishing to use the copy machine or telephone did not have access to
this equipment if the staff locked their offices. It was agreed,
however, that the staff offices should be locked in the evening.
Commissioner Waters moved to establish a charge of $25 .00 for the
first three hours, day or night; $10.00 for each additional hour up
to a total of $50 .00 per day. Commissioner Tucker seconded the
Page Three
Minutes - Committee of the Whole
April 26, 1993
motion which failed on a 1 - 4 vote with Commissioner Waters
casting the sole affirmative vote.
Commissioner Edwards moved to establish a fee of $25 .00 for the
first three hours and $10.00 for each additional hour, with
cleaning deposit and key deposit to be established by the City
Manager. The motion was seconded by Commissioner Tucker and on
roll call, was approved on a 3 - 2 vote with Commissioner Fletcher
and Commissioner Waters voting nay.
John Baillie inquired whether this action would override any
existing agreement with the Atlantic Beach Experimental Theater.
Mayor Gulliford clarified that Mr. Baillie was referring to the
Thursday night trade-off and he indicated that arrangement was
approved by action of the Commission and this present action would
not change that . The Mayor requested that Resolution #91-20 be
amended to reflect the new rates.
Carson Mary Baillie inquired whether this action would mean that
the summer drama camps would not be able to be held in the
community center and Mayor Gulliford indicated the City Commission
would take formal action on this evening ' s recommendations at their
regular meeting on May 10, 1993.
There being no further discussion, the Mayor declared the meeting
adjourned at 7 : 12 PM.
_____ 7')C; L-t-11.t/lzh..LV
Maure-A King, City ler
RULES FOR USE OF THE ADELE GRAGE COMMUNITY CENTER AS RECOMMENDED BY
THE ATLANTIC BEACH COMMISSION, MEETING AS A COMMITTEE OF THE WHOLE
ON MONDAY, APRIL 26, 1993 .
1 . HOURS OF USE:
Sunday: 11 :00 AM - 10: 00 PM
Monday through Friday: 9 :00 AM - 11 : 00 PM
Saturday; 8:00 AM - 12: 00 Midnight
2 . USE OF ALCOHOLIC BEVERAGES:
No decision reached;
3. POLITICAL CAMPAIGN ACTIVITIES:
Activities relating to political campaigns will be
permitted ( subject to advise from the City Attorney that
this type of activity would not violate any state
statute ) .
4. PROHIBITED ACTIVITIES:
No sales of services, commodities, or products for
personal or corporate business gain will be allowed.
5. FEES:
First three hours (day or night) $25. 00
Each additional hour or part thereof 10.00
6 . DEPOSITS:
a. Key deposit: Individuals or groups proposing to use the
community center in the evening may pick up a key at the
community center between 2:00 PM and 4:00 PM on the day
of the function. The building should be securely locked
after the function and the key dropped in the mail slot
at the back door.
A returnable key deposit of $ will be charged;
b. Cleaning deposit: All individuals or groups using the
community center will be required to pay a cleaning
deposit. The cost of cleaning or repairs, if needed,
will be deducted from the deposit and the balance of
funds will be returned to the individual or group in a
timely manner.
AMENDED AGENDA: 3B is a duplicate of 7E, paperwork is labeled 7E
CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, APRIL 26, 1993, 7:15 P.M.
1111
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of April 12, 1993
2. Recognition of Visitors:
3. Old Business:
A. Discussion and related action concerning fees for Adele Grage
Community Center
B. Approval of and authorization to sign DOT Interagency Contract
C. Status of proposed contract with engineering firm for Atlantic
Beach Wastewater Treatment Plant expansion (PW Director Robert
Kosoy)
D. Discussion and related action regarding approval to purchase
a Riding Lawn Mower from Zaun Equipment in the amount of $10,845-
Bid 9293-7
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE
BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM
LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
4. Consent Agenda:
A. Update report on defibrillator for Fire Department
B. Update report on proposed Interlocal Agreement as it relates to
Town Center
C. Water and Sewer Committee report
D. Report on Code Enforcement meeting of 4/13/93
E. Approval of Bid 9293-10 cleaning and televising sewer
lines-Buccaneer Division
F. Approval of Bid 9293-13 sanitary sewer rehabilitation of Ahern &
9th Streets and replacement of manhole on Vecuna Road and Royal
Palms Drive
G. Approval of Bid 9293-14 renovation of stand pipe and
hydro-pneumatic water storage tank #4-Buccaneer Division
H. Approval of Bid 9293-15 furnish and install 52 trees on city
property
I. Approval of Bid 9293-16 body wire system for Police Department
5. Resolutions:
A. Resolution #93-14 approving Budget Adjustment BA-37 establishing
revenue accounts for loan City received from Liberty National.
B. Resolution #93-15 amending the purchasing policy to require that
in the purchase of commodities at least two brands and
acceptable models are specified on all invitations to bid
C. Resolution #93-16 to direct the Finance Director to set up an
/110 account for donations for a defibrillator for the Fire
Department
D. Resolution #93-17 designating the City Manager as agent for the
City under the Federal Emergency Management Agency
E. Resolution #93-18 approving Budget Adjustment BA-40 transferring
of funds into the Beautification budget
6. Ordinances:
A. Public hearing and final reading of an Ordinance #95-93-56 with
revisions amending Chapter 18-solicitors-by regulating persons
1111 wishing to work for food
7. New Business:
A. Discussion and related action regarding a proposed beautification
project of landscaping a portion Atlantic Boulevard median
(Beautification Coordinator Carl Walker)
B. Discussion and related action regarding proposed ordinance to
amend political sign regulations (City Planner George Worley)
C Discussion and related action regarding proposed ordinance
amending accessory structures (City Planner George Worley)
D. Appeal of Variance Denial, 522 Clippership Lane (City Planner
George Worley)
E. Discussion and related action regarding an Interagency Agreement
with FDOT for stormwater management and maintenance on Atlantic
Boulevard(PW Director Robert Kosoy)
F. Discussion and related action regarding the final payment for
Section H (PW Director Robert Kosoy)
G. Public hearing and related action regarding the proposed removal
of 20 parking spaces on 19th Street and associated renovations
(Commissioner Fletcher)
8. City Manager Reports and/or Correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
41/ Adjournment
Note: A workshop meeting will be held at 5:30 p.m. , April 26, 1993 to
develop a policy for the use of the Adele Grage Community Center
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE O O
ROAD, AT 7 : 15 P. M. MONDAY, APRIL 26 , 1993 . T T
E E
Present : William I . Gulliford, Jr. , D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, M S
J. Dezmond Waters, III Commissioners O E
T C
And : Kim D. Leinbach, City Manager I 0 Y
Alan D. Jensen, City Attorney NAME OF ONEN
Maureen King, City Clerk COMMRS. N D S 0
The meeting was called to order by Mayor
Gulliford. The Invocation, offered by Commissioner
Fletcher, was followed by the pledge to the flag.
1 . Approval of the minutes of the regular meeting
of April 12, 1993
Edwards x x
Motion: Approve minutes of the Fletcher x
regular meeting of April 12, 1993 Tucker x x
Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
2 . Recognition of Visitors:
Dick Brown, City Councilman, District 3 , reported
he had appealed to the Jacksonville Administration
to reconsider improving Church Road, and that
Jacksonville had agreed again to work with Atlantic
Beach on the project . He apologized for the way
the matter was handled. Mayor Gulliford explained
Church Road improvements entailed landscaping,
sidewalks, and better lighting for the area. Mr.
Brown also reported that it did not look likely
that the Beaches would be getting any of the barge
canal money being refunded to Duval County from the
State of Florida. He indicated the Committee had
the funds earmarked for environmental concerns .
Mayor Gulliford presented Joseph Garvin with a
plague in honor of his 25 years of service with the
Police Department .
Marian Moore, representing Hi-Line Contractors,
Orlando, Florida, indicated it was her desire to
protest the awarding of bid No. 9193-14, Renovation
of Standpipe and Hydro-Pheumatic Water Storage Tank
#4 , to the second lowest bidder. She indicated
Hi-Line Contractors were disqualified because they
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April 26 , 1993 NAME OF
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included a faxed copy of proof of insurance in
their bid packet instead of the original document.
Mayor Gulliford indicated this item was included
under the Consent Agenda and he would allow Ms.
Moore to speak to the matter later in the agenda.
3. Old Business:
A. Discussion and related action concerning fees
for Adele Grage Community Center
This had been discussed at a workshop meeting
earlier in the evening and it was decided this
matter would be placed on the Commission agenda of
May 10 , 1993 .
B. Approval of and authorization to sign DOT
Tnteragency Contract
City Manager Kim Leinbach presented an Interagency
Agreement between the City and Florida Department
of Transportation (FDOT) . He explained at the
April 12 , 1993 City Commission Meeting, the City' s
Stormwater Consulting Engineer, Dr. Mitch Griffin,
advised that the City would need to enter into an
agreement with FDOT for monitoring illicit
discharges into the mutually owned outfalls,
particularly on Atlantic Boulevard and Mayport
Road. It was explained the exact amount of money
the City would receive had not been determined but
it was felt the total package would be
approximately $50 , 000 .
Edwards x x
Motion: Authorize entering into an Fletcher x
Interagency Agreement, with funding, Tucker
with the Florida Department of Waters x x
Transportation, District II Gulliford
Alan Jensen explained the actual agreement had not
been finalized, and the City was waiting for a
response from FDOT. It was decided the motion
would go into effect when the final agreement was
received from the FDOT.
The question was called and the vote resulted in
all ayes . The motion carried.
C. Status of proposed contract with engineering
firm for Atlantic Beach Wastewater
Treatment Plant expansion
Bob Kosoy, Public Works Director, presented a
proposed contract between the City and
Pitman-Hartenstein & Associates, Inc . , for services
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April 26, 1993 V V
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relative to the wastewater Treatment Plant
expansion program. It was explained the Scope of
Services included: Capacity Analysis Report
( $8 , 200 . 00) , Operation and Maintenance Performance
Report ( $13 , 200 . 00) , and Operating Permit
Application ( $3 , 000 . 00) . ( Items A, B & C of Scope
of Services in Pitman & Hartenstein letter dated
april 26 , 1993 to the City Manager)
Edwards x
Motion: Authorize execution of Fletcher x x
Agreement for Professional Services Tucker x x
between the City and Waters x
Pitman-Hartenstein & Associates, Inc. Gulliford x
for Wastewater Treatment Plant
Expansion, subject to review by the
City Attorney. No work shall be
performed until fee is agreed upon.
No discussion before the vote. The motion carried
unanimously.
D. Discussion and related action regarding
approval to purchase a Riding Lawn Mower
from Zaun Equipment in the amount of
$1O,R45 - Bid 9293-7
Bob Kosoy presented a request to purchase a riding
lawn mower from Zaun Equipment in the amount of
$10 ,845 . 00 . He explained purchase authorization
was delayed at the April 12 , 1993 Commission
Meeting so that additional facts could be provided
for justification of the purchase of the riding
mower. He explained currently the Public Works
Department was responsible for mowing and
maintaining 28 . 3 miles of City right-of-ways. He
explained $1 , 827 . 45 had been expended in
maintenance repairs on the existing mower. He
indicated $850 had been added to the bid price for
the purchase of the mulching cutting deck instead
of the standard side discharge deck. Commissioner
Fletcher asked if the new mower would be heavy
enough to withstand running over debris, to which
Mr. Kosoy replied in the affirmative .
Motion: Approve purchase of Riding Edwards x x
Lawn Mower from Zaun Equipment in the Fletcher x
amount of $10,845 .00, Bid No. #9293-7 . Tucker x
Waters x
No discussion before the vote. The motion carried Gulliford x
unanimously.
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4. Consent AQencta:
A. Update report on defibrillator for Fire
Department
B. Update report on proposed Interlocal Agreement
as it relates to Town Center
C. Water and Sewer Committee report
D. Report on Code Enforcement meeting of 4/13/93
E. Approval of Bid 9293-10 cleaning and televising
sewer lines-Buccaneer Division
, F. Approval of Bid 9293-13 sanitary sewer
rehabilitation of Ahern & 9th Streets and
replacement of manhole on Vecuna Road and
Royal Palms Drive
G. Approval of Bid 9293-14 renovation of stand
pipe and hydro-pneumatic water storage tank
#4-Buccaneer Division
.H. Approval of Bid 9293-15 furnish and install 52
trees on city property
I. Approval of Bid 9293-16 body wire system for
Police Department
Commissioner Fletcher asked that Item B be
withdrawn from the Consent Agenda; Mayor Gulliford
asked that Item G be withdrawn from the Consent
Agenda; Commissioner Tucker asked that Item H be
withdrawn from the Consent Agenda.
Edwards x x
Motion: Approve passage of Consent Fletcher x
Agenda with the exception of Items, Tucker x
B, G, and H Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
B. Update report on proposed Interlocal Agreement
as it relates to Town Center
Alan Jensen reported he had perused the proposed
Interlocal Agreement and it appeared to be
correct. , He indicated there were minor corrections
to be made . Commissioner Fletcher indicated he
would like this item placed on the agenda of May
10, 1993 for approval . The Mayor asked
Commissioner Fletcher to explain the concept of the
Town Center to Councilman Brown. Commissioner
Fletcher explained the proposed project would
change the parking configuration, provide
landscaping and brick sidewalks which would be paid
for by the sale of bricks . It was explained the
$250 , 000 included in the Mayor' s Renaissance plan
for Town center was based on matching funds and
Mayor Gulliford requested that funds be matched up
to $250 , 000, and he asked Councilman Brown to
follow up on this .
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G. Approval of Bid 9293-14 Renovation of Stand
Pipe and Hydro-Pneumatic Water Storage Tank
#4-Buccaneer Division
Bob Kosoy, Public Works Director, reported the need
to complete the work was urgent because the water
tank had been down since November. He explained
the low bidder, Hi-Line Contractors, included in
their bid package a fax copy of their insurance
certificate instead of the original insurance
document, which was required by the City. Thus,
Hi-Line Contractors were disqualified and the bid
went to the second low bidder, Eagle Tank
Technology Corporation. Mr. Kosoy referred to
Eagle Tank Technology Corporation and he explained
there had been some question concerning whether or
not a site visit had been done by Eagle Tank. It
was determined that the job site had been visited
on at least two separate occasions by Eagle Tank.
He added Eagle Tank had worked for the City in the
past and would do a competent job.
The Mayor asked if the rejection of the low bidder
was solely because they did not submit documents as
specified in the bid specifications, to which Mr.
Kosoy replied in the affirmative. A discussion
ensued concerning the insurance certificate, and
the City Manager indicated there had been instances
in the past where companies were not able to obtain
proper insurance . Commissioner Edwards felt the
stipulation to have the original insurance document
was spelled out in the bid specifications and if
the Commission voted to overlook the matter it
would set a precedence on future bids. Mr. Kosoy
explained bidders were routinely asked to submit
certain items .
Marian Moore, Representative of Hi-Line
Contractors , felt the City, in order to save
$5 ,000 , could waive the formality of submitting an
original insurance document, rather than a faxed
copy of the insurance document. Mayor Gulliford
felt at the present time faxes were becoming more
and more utilized.
Edwards x
Motion: Award Bid No. 9293-14, Fletcher x x
Renovation of Stand-Pipe and Tucker x
Hydro-Pneumatic Water Storage Tank Waters x x
#4-Buccaneer, to lowest bidder, Hi Gulliford x
Line Contractors, Orlando, Florida in
the amount of $22,350.00, and waive
matter of insurance certificate being
a faxed copy instead of original
insurance document . Award is subject
to satisfactory reference check.
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City Attorney Alan Jensen reminded the Commission
that the low bidder did not meet bid
specifications, and that the original certificate
of insurance was called for in the specifications .
Mr. Kosoy felt it would take additional time to
check references of Hi-Line . Mayor Gulliford felt
it was foolish to pay $5 ,000 more for the work
because of a faxed copy.
The question was called and the vote resulted in
4-1 with Commissioner Edwards voting nay.
The motion carried.
H. Approval of Bid 9293-15 Furnish and Install 52
Trees on City Property
(City Hall)
Commissioner Tucker pointed out there was $705
difference between the total bid price and the
amount that had been originally budgeted. Karl
Walker, Beautification Coordinator, explained the
original figure was the cost estimated a year ago
and prices had since gone up. He explained money
for the project was available in the Beautification
Budget .
Edwards x
Motion: Accept bid from The Big Tree Fletcher x:
Company in the amount of $8,310.00, Tucker x x
Bid No. 9293-15 - Furnish and Install Waters x x
52 Trees on City Property in Atlantic Gulliford x
Beach
No discussion before the vote. The motion carried
unanimously.
Mayor Gulliford referred to Item A of the Consent
Agenda, update report on defibillator for Fire
Department, and Chief Williams reported there was a
resolution on the agenda regarding this matter. He
reported fund raising would be held at the Spring
Festival and "Dancing in the Street" to be held May
22 , 1993 .
Resolutions:
A. RESOLUTON #93-14: A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full , in writing,
Resolution #93-14 .
Edwards x
Motion: Approve passage of Fletcher x x
Resolution #93-14 Tucker x
waters x x
Gulliford x
•
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Commixsioner Tucker inquired if funds could be
moved as items came due, rather than transferring
funds at one time, to which Kirk Wendland explained
in order to be consistent with the approved Fiscal
Year 1992/93 approved budget, it was necessary to
transfer all money at the present time.
The question was called and the vote resulted in
all ayes . The motion carried.
B. Resolution #93-15: A RESOLUTION OF THE CITY
OF ATLANTIC BEACH AMENDING THE PURCHASING
POLICY OF THE CITY TO REQUIRE AT LEAST TWO
BRANDS AND/OR ACCEPTABLE MODELS BE SPECIFIED ON
ALL INVITATIONS TO BID ON COMMODITIES.
Mayor Gulliford presented in full , in writing,
Resolution #93-15 . Edwards
Motion: Approve passage of TTuuckerer x
Tucker x
Resolution #93-15 Waters
Gulliford
Commissioner Waters inquired why the ordinance was
necessary, to which it was explained the change was
being made to assure the City was able to get
competitive bidding. A discussion ensued
concerning the language contained in the resolution
and it was decided to remove the name of Joan S .
Lavake, and to incorporate the language contained
in the title of the resolution into the body of the
resolution.
Edwards x
Substitute Motion: Approve passage Fletcher x x
of Resolution #93-15, as amended. Tucker x x
Remove name of Joan S. Lavake, and Waters x
incorporate language "amending the Gulliford x
purchasing policy of the city to
require at least two brands and/or
acceptable models be specified on all
invitations to bid on commodities"
under Section I .
No discussion before the vote. The motion carried
unanimously.
c. Resolution #93-16: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH TO DIRECT THE FINANCE DIRECTOR
TO SET UP AN ACCOUNT FOR DONATIONS GIVEN BY THE
PUBLIC TO THE FIRE DEPARTMENT FOR A
DEFIBRILLATOR, AND THE PROCEDURES TO USE
REVENUE FROM THE ACCOUNT AND PROVIDING AN
EFFECTIVE DATE.
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Mayor Gulliford presented in full , in writing,
Resolution #93-16 . Edwards x
Fletcher x x
Motion: Approve passage of Tucker x x
Resolution #93-16 Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
D. Resolution #93-17 : FEMA DISASTER RELIEF
FUNDING RESOLUTION (Designating Kim
Leinbach to be the City' s Agent) Edwards x x
Motion: Approve passage of Fletcher x
Resolution #93-17 Tucker x x
Waters x
No discussion before the vote . The motion carried Gulliford x
unanimously.
E. Resolution #93-18: A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full, in writing,
Resolution #93-18 . Edwards x
Motion: Approve passage of TTx x
uckerer
Resolution #93-18 terr x
Waters x x
Carl Walker, Beautification Coordinator, explained Gulliford x
monies totaling $1 ,092 . 50 had been donated to the
Beautification Committee, either for a specific
landscaping project or for general planting
purposes . He reported donations had been made by
citizens and businesses of the community and had
been deposited into the General Fund. Commissioner
Fletcher pointed out the possibility of matching
these funds, and he asked that this matter be
brought up at the Commission meeting of May 10,
1993 .
The question was called and the vote resulted in
all ayes . The motion carried.
6 . Ordinances:
A. Ordinance #95-93-56 - Public Hearing
AN ORDINANCE AMENDING CHAPTER 18 OF THE ATLANTIC
BEACH CODE ADOPTING VARIOUS RULES AND REGULATIONS
RELATED TO CHARITABLE SOLICITATIONS, REQUIRING A
PERMIT THEREFOR, AND PROVIDING AN EFFECTIVE DATE
Mayor. Gulliford presented in full, in writing,
Ordinance #95-93-56 , said ordinance having been
posted in accordance with Charter requirements . He
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opened the floor for a public hearing and invited
comments from the audience.
Lynn Poyner, 160 Sylvan Drive, Atlantic Beach, a
member of the Jacksonville Emergency Services and
Homeless Coalition, offered her assistance and
indicated she had worked with the City of
Jacksonville on a similar matter.
Since no one else wished to speak the Mayor closed
the Public Hearing. Edwards
Motion: Approve passage of Ordinance Tuckerer
Tucker x
95-93-56 on final reading Waters x
Commissioner Fletcher was concerned the ordinance Gulliford
was trying to fix a specific problem in a general
way and it would burden every charitable
oraani.zation. He also felt that hawking should be
revisited
A question was raised regarding the relevance of
obtaining a criminal background check on someone
applying for a solicitor' s permit, and possible
information on the report that would warrant denial
of the permit . It was explained the information
would take a month to obtain from the Florida
Department of Law Enforcement and the permit would
have already been issued subject to acceptable
background findings .
The Commission felt more time was needed to
consider the consequences of some of the proposed
requirements . It was decided to appoint a
committee to study the matter and the Mayor
appointed the City Manager (Chairman) , City
Attorney, Police Chief, J. P . Marchioli, and Lynn
Poyner to serve on the Committee. The Committee
was instructed to report back to the Commission on
May 24 , 1993 with an amended ordinance. The Mayor
indicated it would be necessary to have another
public hearing for the proposed ordinance.
Edwards x
Substitute Motion: Defer action and Fletcher x x
refer to Committee consisting of the Tucker x
following: City Manager, City Waters x x
Attorney, Police Chief, J. P. Gulliford x
Marchioli, and Lynn Poyner. The
Committee was instructed to amend the
ordinance and report back to the
Commission May 24, 1993
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April 26 , 1993 NAME OF
COMMRS. MSYN
The question was called and the motion resulted in
a vote of 3-2 with Commissioner Edwards and Mayor
Gulliford voting nay.
7 . New Business:
Agenda Item 7G was taken out of sequence and acted
upon at this time.
G. Public hearing and related action regarding
the proposed removal of 20 parking spaces on
19th Street and associated renovations
Commissioner Fletcher presented recommendations
from the Parking Committee to change from angled to
parallel parking near the 19th Street beach access
and add a sidewalk, which would eliminate 19
parking spaces. It was explained the changes were
planned to improve safety as five vacant lots along
the north side of 19th Street were soon to be
developed into home sites, adding driveways along
the roadway. It was explained the new plan would
leave 14 parking spaces on 19th Street .
Police Chief David Thompson reported new parking
could be designated along other streets to replace
the 19 spaces eliminated.
Several Fleet Landing residents objected to the
plan because they did not want beach access parking
reduced in northern Atlantic Beach, near their
housing project. Mayor Gulliford suggested more
and possible all of the spaces at 19th Street could
be reserved for residents .
A property owner who intended to build his new
house on the north side of 19th Street requested
the Commission recognize the character of the land,
and to treat his neighborhood like other
neighborhoods in the city which have parallel, not
angled parking in front of homes.
The possibility of making the road one-way was
discussed, but Chief Thompson explained such a move
would greatly increase traffic along Beach Avenue
from 19th to 20th Street. He indicated Beach
Avenue was too narrow and poorly constructed to
handle the extra traffic.
Since no one else wished to speak the Mayor closed Edwards x
the Public Hearing. Fletcher x x
Tuckerctx x
Motion: Approve recommendations of Parking Committee Gulli ord
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April 26 , 1993 NAME OF
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The question was called and the vote resulted in
all ayes . The motion carried unanimously.
A. Discussion and related action regarding
proposed beautification project of landscaping
a portion of Atlantic Boulevard median
Carl Walker reported the Beautification Committee
desired to install plantings in the easternmost
greenspace median of Atlantic Blvd. as an
enhancement project. He indicated the proposed
plan used plants less than 36" to conform with
D.O.T. regulations . He explained the design would
utilize only low maintenance, drought-resistant
plants and would complement a similar planting
pro=ject soon to begin on Ahern Street, east of
Sherry Drive . He reported detailed plans, a
landscape diagram, and the projected actual
expenditure would be available at the Commission
meeting following a special meeting of the
Beautification Committee to finalize the specific
of the project . Mayor Gulliford indicated he would
like to have the project finished by May 15, 1993 .
B. Discussion and related action regarding
proposed ordinance to amend political sign
regulations
George Worley reported some time ago the Commission
directed that thought be given to amending the
regulation of political signs announcing candidacy
for office . He explained he and Maureen King
worked to reach a reasonable compromise between too
much regulation which could interfere with the
right of free expression, and too little regulation
which could result in too many signs . A discussed
ensued and it was decided to place this proposed
ordinance on the agenda of May 10, 1993 , after
review by City Attorney.
C. Discussion and related action regarding
proposed ordinance amending accessory structures
George Worley presented a draft Accessory Structure
Ordinance . He explained this was discussed some
time ago and at the request of the City Commission
the language had been examined by several different
bodies. He explained the ordinance would establish
different setback requirements for detached out
buildings , such as storage buildings and free
standing garages , from those setbacks for
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April 26, 1993 v V
NAME OF
structures or attachments to COMMRS. M S Y N
principalprir1r.ipaJ
structures .
The Mayor asked if a screened enclosure would be
deemed to be an "accessory building" to which Mr.
Jensen replied he would not consider a screened
enclosure to be an "accessory building" but the
Commission had considered screened enclosures to be
"accessory buildings" in the past. The Mayor
indicated a screened enclosure met the definition
of "accessory use" - that it was incidental to the
primary use of the main residence. The Mayor
asked if a screened enclosure would be an
"accessory building" by definition -- if one would
have to get a permit for it, to which Mr. Jensen
asked the Mayor if he was referring to the existing
ordinance or the proposed ordinance. The Mayor
replied he was referring to the existing ordinance
and the proposed ordinance. The Mayor added his
point was if the ordinance passed, if one wanted
to attach a screened enclosure to one' s house to
give one access to a pool, it could be denied if it
encroached on 15 feet in the back. Mr. Jensen
agreed the permit could be denied. The Mayor felt
"accessory usage" was contingent upon whether or
not it was attached, and he felt this should have
no bearing on accessory usage, according to the
definition.
It was determined the proposed ordinance would be
placed on the agenda for the next Commission
meeting.
D. Appeal of Variance Denial, 522 Clippership Lane
George Worley explained this was an appeal of a
decision of the Community Development Board when it
denied a variance for the construction of a glass
and brick room addition to the rear of the
residence, the construction of which would
encroach the rear setback requirement by ten feet.
The purpose of the attachment was to provide a
recreation type room. The setback requirement was
20 feet. Mr. Worley introduced Mrs. Mizell who was
the owner of the property.
Edwards x
Motion: Denyx
appeal for a variance Fletcher x x
to permit the construction of a glass Tucker x
and brick room addition to the rearof Waters x
residence located at 522 Clippership Gulliford x
Lane
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April 26 , 1993 NAME OF
COMMRS. M S Y N
Mrs . John Mizell presented a petition which was
signed by nearby residents indicating their
approval of the proposed construction. She
indicated she had hired a builder and poured a
patio; however, the builder had since been fired
since he led the Mizells to believe they could
enclose the patio without a variance. Now, she
explained, there was a 24 x 14 patio with nothing
on it. She indicated the enclosure would be for
the purpose of playing pool or recreation of that
nature, she indicated she had a small backyard.
She indicated if it was not possible to place a
glass enclosure she would like to place a cabana.
The Mayor asked if this would be an addition to
existing living space, to which Ms. Mizell
indicated it would, more or less, and that it would
be for recreation. She explained it would be
attached to the back of the house and it would be
possible to walk out the back door into the room.
The mayor asked what Ms. Mizell intended to do
concerning heating, to which Ms. Mizell indicated
she had a heat/air unit that would be inset in the
brick wall . The brick wall would be knee-high, and
a heat-air conditioning unit had been purchased for
the addition.
Commissioner Tucker asked how the Community
Development Board voted, to which it was explained
the vote was 4-2 , against the variance.
The Mayor indicated Ms. Mizell brought up the idea
of having a cabana, and he indicated the way he
interpreted "accessory use" would be that a cabana
would be permitted, but that the definition of
"accessory use" would not permit what was being
proposed before the Commission. What was being
proposed was not incidental to the living space of
the primary residence, which was where the problem
lies, he added. The Mayor indicated the way he
interpreted the City' s rules was that it
would be possible to place a cabana as an accessory
usage, but that accessory usage definition did not
necessarily cover what was presently being proposed
to the Commission.
Commissioner Waters felt it would not be possible
to place a cabana because there was an existing
utility shed. Ms. Mizell indicated there was a
wooden utility shed. The Mayor explained the
utility shed would have to be removed. It was
explained only one accessory building was allowed.
Ms . Mizell indicated Margaret Cresson was allowed
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April 26 , 1993 NAME OF
COMMRS. MSYN
to place a screen enclosure, and Ms. Cresson
encroached five foot on the easement. The Mayor
explained Ms. Cresson' s request was different
because of the usage of the space; Ms. Cresson' s
usage of the space was incidental to the living
space. Ms . Cresson did not heat or air condition
the space, and she used it solely as a screened
enclosure, the Mayor explained. Ms. Cresson' s
enclosure was attached, the Mayor explained, but he
did not think it was the same usage as what Ms.
Mizell was proposing. Ms. Mizell asked if a cabana
would be the same as Ms. Cresson' s usage, to which
the Mayor explained if Ms. Mizell wished to
proposed something else that would be up to the
Community Development Board and ultimately the
Commission if there was an appeal .
The Mayor explained the Commission had to act upon
was what was presently proposed before them.
The question was called and the vote resulted in
3-2 vote with Commissioner Edwards and Commissioner
Tucker voting nay. The motion carried.
F. Discussion and related action regarding final
payment for Section H
It was decided this matter will be discussed at the
Commission meeting of May 10, 1993 .
G. Public hearing and related action regarding the
proposed removal of 20 parking spaces on 19th
Street and associated renovations (this was
discussed earlier in the agenda)
8. City Manager Reports and/or Correspondence:
Kim Leinbach announced it would be necessary to
have several meetings: a budget policy meeting, a
joint meeting between the community Development
Board and the Commission, and an update of the goal
setting session. It was decided to have a budget
policy meeting the first week in May, if possible,
and the City Manager was instructed to poll the
Community Development Board and set a meeting.
With reference to the goal setting session report,
it was decided this could be held prior to a
Commission meeting, and the Mayor suggested having
this after the budget meeting.
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April 26 , 1993 NAME OF
COMMRS. MSYN
It was announced plans for the Concession Stand at
Jack Russell Park would be available at the meeting
of May 10 , 1993 .
Commissioner Fletcher complained of speeding on 7th
Street and 8th Street.
Commissioner Tucker inquired concerning Pension
figures and it was explained this would be
discussed in a budget policy meeting.
Commissioner Waters inquired whether Margaret
Cresson had built a screened enclosure, to which
Don Ford replied to his knowledge a permit had not
been obtained.
Commissioner Waters read four letters he had
received from citizens indicating how much they
enjoyed the Atlantic Beach Experimental Theater and
the children' s drama class.
There being no further busin: , - - •e Mayor adj .urned
the meeting at 10:45 p m .
\ Ai
til \. /
William I . Gullifo
Mayor/Presiding Of 11111-
A T T E S T:
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Maureen King, Ci Cle