01-25-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, JANUARY 25, 1993, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of January 11, 1993
2. Recognition of Visitors:
3. Presentations:
A. In recognition of those serving on various committees, plaque
presentation to:
-Samuel T. Howie - Community Development Board
-Joan LaVake - Pension Board of Trustees
-Herb Moller - Code Enforcement Board
-Ronald Wingate - Pension Board of Trustees
4. Old Business:
A. Appeal of variance denial by Community Development Board
to construct a screen enclosure in violation of rear setback
(Margaret Cresson) (City Planner George Worley)
B. Update report with related action to proposal to by-pass the bid
process as it relates to play ground equipment purchase for Parks
& Recreation Department (Rose Blanchard, P&R Director)
C. Update report with related action action concerning compensation
for the Office of the City Manager (Kirk Wendland, Finance
Director)
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.
5. Consent Agenda:
A. Water and Sewer Committee report
B. Change Order #4 for Atlantic Beach Water Treatment plant project
C. Authorization to bid televising and cleaning of sewer mains in
Oak Harbor
D. Authorization to bid renovation of standpipe and painting of
standpipe and hydro-water storage tank at WTP #4
6. Ordinances:
A. Final reading and public hearing of Ordinance #95-93-54 relative
to amending the tree conservation ordinance
B. Final reading and public hearing of Ordinance #5-93-23 revising
various fees and charges
C. Final reading and public hearing of Ordinance #65-93-22 relative
to temporary street closings
D. Introduction and first reading of Ordinance changing the
lifeguard operations under the Fire Department.
E. Introduction and first reading of Ordinance amending Section
3-2 for clarification regarding closing hours of establishments
serving alcoholic beverages
F. Introduction and first reading of Ordinance #35-93-8 relative to
setting up a reserve account for monies raised by the Fire
Department
7. New Business:
A. Request to reduce Administrative Assistant position to full time
Clerk position (Robert Kosoy, PW Director)
8. City Manager Reports and/or Correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE 0 0
ROAD, AT 7 : 15 P . M. MONDAY, JANUARY 25, 1993 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Glenn A. Edwards
Lyman T. Fletcher M S
Adelaide R. Tucker, and
0 E
J. Dezmond Waters, III , Commissioners T C
AND: Kim D. Leinbach, City Manager I O Y
Alan C. 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 January 11 . 1993 . Edwards 1�
Fletcher x
Motion: Approve minutes of the Waters x x
regular meeting of January 11, 1993 Waters x x
Gulliforc.
No discussion before the vote . The motion carried
unanimously.
2 . Recognition of visitors:
Jimmy Hill , President, International Association
of Fire Fighters, Local 2622 , announced Local 2622
wished to undertake a project that would benefit
the citizens of Atlantic Beach and Jacksonville
Beach. They decided on a cleanup effort along
Atlantic Boulevard and Beach Boulevard from the
Ocean to the Intracoastal Waterway. The project is
in conjunction with the state ' s "Adopt A Mile"
program and Local 2622 will conduct periodic
cleanups of accumulated trash in this designated
area.
Representatives from Roberts Mount Pisgah AME
Church, 1915 Jordan Street, Atlantic Beach,
requested repair of drainage problems that occurred
in front of their church following rainy weather.
Kim Leinbach, City Manager, offered to meet with
church representatives to help solve the problem.
Bob Weiss reported the current performance at the
Atlantic Beach Experimental Theater was excellent,
and he thanked Rose Blanchard, Parks and Recreation
Director, for her help and assistance .
Charles F. Haworth , 808 Amberjack Lane, felt he
should not have an Amberjack address because his
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house faced Wahoo Street . It was explained by the
Building Inspector that the location of Mr.
Haworth' s house, where it faced the most narrow
street frontage, determined how it was numbered.
Mr. Haworth complained concerning potential
violations of improperly parked boats and
recreational vehicles in his neighborhood, and he
was asked to contact the Code Enforcement Inspector
so that the complaints could be addressed.
Rusty Bennett, President of Little League, inquired
into the status of plans for the concession stand
at Russell Park. Mayor Gulliford invited Mr.
Bennett to step to the podium and examine the plans
for this site.
3 . Presentations:
A. In recognition of those serving on various
committees, plaque presentation to:
Samuel T. Howie - Community Development Board
Joan Lavake - Pension Board of Trustees
Herb Moller - Code Enforcement Board
Ronald Wingate - Pension Board of Trustees
It was decided to reschedule the presentation of
the plaques until the next regular meeting because
those receiving plaques were not able to attend the
meeting.
4. Old Business:
A. Appeal of variance denial by Community
Development Board to construct a screen
enclosure in violation of rear setback
(Margaret Cresson)
The Mayor explained Margaret Cresson applied for a
Variance to construct a screened addition to the
rear of her home at 1821 Tierra Verde Drive
encroaching the rear yard setback requirement of 20
feet. He referred to the City' s Zoning and
Subdivision Regulations, Section 24-17 ,
Definitions, specifically the definition of
"accessory building. " He felt the screened
enclosure under discussion fit the definition of
"accessory building" and, thus, there was no need
to obtain a variance . He explained the
responsibility of the Commission was to define the
City' s ordinances and he felt that the screened
enclosure fell under the description of "accessory
building" as indicated in the Code .
Edwards x
Motion: Direct staff to issue a Fletcher
building permit on the basis the City Tucker
Commission determined the structure [Haters
would be an accessory building, based Gulliford
on the City' s Code
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A discussion ensued as to whether or not the
structure was an accessory building. Commissioner
Waters felt the motion violated the use of set back
areas , which was to protect homes from one
another. It was determined the enclosure was 8 x
10, or 80 square feet .
Commissioner Fletcher asked George Worley if an
addition to an existing building could be
considered an accessory building, to which Mr.
Worley replied he did not think an addition to an
existing building could be considered an accessory
building, but that it would have to be considered
part of the main structure .
Mayor Gulliford read a section of the Code that
indicated accessory buildings meant a portion of a
main building, which he felt was very clear. Mr.
Worley replied if the enclosure were of an
accessory use it could be defined as an accessory
building. The Mayor felt the ordinances pertaining
to whether or not this would be an accessory
building were vague or ambiguous, and that citizens
should be accommodated in a more helpful manner.
Commissioner Waters felt ordinances complimented
each other.
A discussion ensued concerning setback lines and
whether or not it was necessary to obtain a
variance if the structure was an accessory
building.
Commissioner Tucker withdrew her motion and
Commissioner Edwards withdrew his second of the
motion.
Edwards x x
New Motion: Grant appeal and Fletcher x
overturn action of the Community Tucker x x
Development Board Waters x
Gulliford x
Several neighbors of Ms . Cresson appeared and
indicated their desire to allow the screened
enclosure . Commissioner Fletcher indicated he was
concerned a precedent would be set . He cautioned
the Commission not to overturn decisions of Boards
in an indiscriminate manner.
City Attorney Alan Jensen stated any action the
Commission took was not based on covenants or
restrictions .
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Commissioner Fletcher advised the neighborhood
association to take formal action to grant this
variance to Ms . Cresson.
Roll call vote resulted in all ayes . The motion
carried unanimously.
B. Update report with related action to proposal
to by-pass the bid process as it relates to
playground equipment purchase for Parks &
Recreation Department
Rose Blanchard, Parks and Recreation Director,
reported she spoke with Matt Casson, Purchasing
Agent for the City of Jacksonville, regarding
outgoing bids for playground equipment . She
indicated Mr. Casson reported the City of
Jacksonville did not anticipate going out for bids
this year. She requested the City Commission to
reconsider the request to bypass the bidding
procedure to purchase three Merry-go-rounds and
four Baby Slides before the February, 1993 deadline
for price increases . The total budgeted figure to
purchase from Miracle Recreation was $5, 330 . 66 .
Edwards x x
Motion: Authorize purchase of three Fletcher x
Merry-go-rounds and four Baby Slides Tucker x
from Miracle Recreation Equipment Waters x x
Company at a total price of $5,330.66 Gulliford x
Commissioner Tucker inquired concerning the
liability aspect of this type of equipment, and
Rose Blanchard explained the equipment was built on
a smaller scale which made it more safe, and the
edges of the equipment were rounded instead of
sharp which also helped to make it safe. Beth
Robertson, 308 Ocean Boulevard, asked if signs
could be erected to restrict older children from
using the equipment, to which Rose Blanchard
replied her department would keep a close watch to
insure older children would not use the equipment.
The question was called and the motion carried
unanimously.
C. Update report with related action concerning
compensation for the Office of the City
Manager
Mayor Gulliford acknowledged receipt of a report
from Kirk Wendland, Director of Finance, relative
to compensation for the office of City Manager. He
indicated additional information would be furnished
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and asked that this matter be deferred until all
information had been received.
5 . Consent Agenda:
A. Water and Sewer Committee report
B. Change Order #4 for Atlantic Beach Water
Treatment plant project
C. Authorization to bid televising and
cleaning of sewer mains in Oak Harbor
D. Authorization to bid renovation of standpipe
and painting of standpipe and hydro-water
storage tank at WTP #4
Edwards x
Fletcher x x
Motion: Approve passage of Consent Tucker x x
Agenda Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
6. Ordinances :
A. Ordinance 95-93-54 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF ATLANTIC BEACH, AMENDING CHAPTER 23,
VEGETATION, BY AMENDING ARTICLE II, TREES, TO
PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE
CONSERVATION BOARD, TO PROVIDE FOR PERMITS, TREE
INSPECTION REPORTS, SITE ALTERATIONS, REMOVAL AND
MAINTENANCE OF TREES, PROVIDE FOR ENFORCEMENT OF
THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE,
APPEALS AND EXCEPTIONS.
Mayor Gulliford presented in full, in writing,
Ordinance 95-93-54, said ordinance having been
posted in accordance with Charter requirements. He
opened the floor for a public hearing and invited
comments from the audience.
Several people addressed the Commission concerning
the proposed Tree Ordinance. Whereas it was felt
by some that the protection of trees against people
who might haphazardly remove them would offset any
inconvenience associated with obtaining a permit,
it was felt by others that the ordinance allowed
too much government interference in the lives of
private citizens and property owners and that the
Tree Board itself was not representative of a cross
section of the Community.
It was explained by members of the Tree Board that
the ordinance would permit homestead property
owners to remove trees within the buildable area of
their property, but a permit would have been
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required for tree removal from the setback areas
between property lines . It was explained the
ordinance was a system of checks and balances, and
that the Tree Board felt it was necessary to
protect trees because property changed hands
quicker than in the past, with people moving into
the City from all over the country.
It was suggested that the matter should be brought
to citizens via referendum.
Since no one wished to speak further the Mayor
closed the Public Hearing. Edwards
Fletcher x
Motion: Approve Ordinance No. Tucker
95-93-54 on final reading Waters x
Gulliford
Commissioner Waters indicated he supported the
ordinance, and he felt perhaps it should go to
referendum. He added he was committed to the tree
ordinance . He pointed out minor grammatical and
typographical errors contained in the ordinance as
follows :
(New language indicated by _ eliminated language
indicated by - - - .
Section 23-21 . Tree Protection Practices .
(b) Temporary protective barricades shall be
erected around all trees identified for
preservation. The barricade shall be erected no
closer than the drip line of any tree or at a
radius of five -151 ten ( 10) feet from the trunk of
the tree at its base, whichever is the lesser.
Section 23-22 . Replacement and Maintenance of
Trees .
A. Tree Replacement : Trees identified for removal
shall be fecJutred-'t6 be replaced by the following
means , either alone or in combination:
1 . ay newly planted trees at a ratio of 1" to-be
fepraced for each 3" DBH removed.
Commissioner Fletcher felt the intent of the Tree
Board was to try to strike a balance between
property rights and community rights and to set a
criteria for the good of the community. He
indicated at the present time there were major
trees being taken down in the City. He indicated
many people liked to live in the City because of
the vegetation, which he felt needed to be
protected.
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Commissioner Tucker indicated she had had many
negative responses relative to the proposed tree
ordinance. She proceeded to read letters she had
received. Commissioner Tucker asked if it was
permissible to trim a tree on one ' s property, and
the Tree Board replied in the affirmative. It was
also explained it was permissible to trim a
neighbor' s tree if it encroached on one' s
property. Commissioner Tucker felt it was not
clearly stated in the proposed ordinance whether or
not it would be permissible to trim a tree that
belonged to one' s neighbor.
Commissioner Tucker referred to Section 23-24 ,
Enforcements Violations and Penalties, C. , and
stated she was not in favor of fines being credited
to the Beautification Account, only. She indicated
no other city boards had a fund. Commissioner
Tucker felt the funds should go to the City of
Atlantic Beach and the Commission, during the
budget year, would allocate the money
accordingly. A discussion ensued and Kirk
Wendland concurred with Commissioner Tucker in that
he felt funds should be placed in the General
Fund.
Substitute Motion: ApproveFetchx
Ordinance Fletcher x x
No. 95-93-54 on final reading with Tucker x
the following amendment : delete Waters x x
words "to be credited to the Gulliford x
Beautification account" in Section
23-24, Enforcement, Violations and
Penalties, C.
Mayor Gulliford expressed concern that fines for
removal of two six-inch diameter trees could be as
much as $1 , 000 .
A discussion ensued relative to addressing some
concerns with plans to reintroduce a proposed
amendment, possibly for placement on referendum
ballot this fall .
Roll Call resulted in a vote of 3-2 . The ordinance
failed with Commissioner Edwards , Commissioner
Tucker, and Mayor Gulliford voting nay.
B. Ordinance 5-93-23 - First Reading
Mayor Gulliford presented in full, in writing,
ordinance #5-93-23
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO
AMENDING CHAPTER 2 , ADMINISTRATION, ARTICLE VII ,
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FINANCE , AMENDING SECTION 2-317 , DISHONORED CHECKS,
AND AMENDING SECTION 3-368, FEES AND CHARGES,
PROVIDING AN EFFECTIVE DATE .
Edwards
Motion: Approve passage of Ordinance Fletcher
#5-93-23 on its first reading, with Tucker
changes recommended by City Manager, Waters x
and set Public Hearing for February Gulliford
8, 1993
A discussion ensued regarding the amount the City
charged for various services, and it was felt
certain charges needed to be increased.
Amendments were decided upon, as follows: Zoning
Maps - $5 . 00; City Clerk lien letter - $5 . 00; with
reference to 10( charge for copy machine, eliminate
the following language : Backhoe - $45 . 00; Labor,
actual cost plus 35% fringes; Trucks, each
( including travel time) , per hour - $20 . 00; All
tractors ( including travel time) , per hour -
$35 . 00; inspection of backflow prevention device -
$35 . 00 .
Substitute Motion: Approve passage Fx x
Fletcher x
of Ordinance #5-93-23 , as amended, Tucker x x
and set Public Hearing for February
Waters
8, 1993 . x
Gulliford x
The question was called and the motion carried
unanimously.
C. Ordinance 65-93-22 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 19 , STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, AUTHORIZING THE CITY MANAGER TO CLOSE
STREETS FOR VARIOUS EVENTS DURING THE YEAR AFTER
DISCUSSION WITH THE POLICE CHIEF AND NOTIFICATION
TO THE CITY COMMISSION AND PROVIDING AN EFFECTIVE
DATE
Mayor Gulliford presented in full , in writing,
Ordinance 65-93-22 , said ordinance having been
posted in accordance with Charter requirements . He
opened the floor for a public hearing and invited
comments from the audience .
It was pointed out there were two minor
typographical errors in the ordinance and that the
following sentence contained in the first paragraph
should read as follows : " An organization desiring
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to close a street for an event shall first procure
from the City Manager a permit for such an event. "
Since no one wished to speak further the Mayor
closed the Public Hearing.
Edwards
Motion: Approve Ordinance #65-93-22 Fletcher x x
on final reading Tucker x_
Waters x x
The question was called and the motion carried Gulliford x
unanimously.
D. Ordinance 57-93-19 - First Reading
Mayor Gulliford presented in full , in writing,
Ordinance 57-55-19 .
AN ORDINANCE AMENDING SEC. 2-63 OF THE ATLANTIC
BEACH CODE, PLACING LIFEGUARDS UNDER THE AUTHORITY
OF THE FIRE CHIEF, PROVIDING AN EFFECTIVE DATE.
Edwards x
Motion: Approve passage of Ordinance Fletcher x x
57-93-19 on its first reading and set Tucker x
public hearing for February 8, 1993 Waters x. x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
E. Ordinance 10-93-17 - First Reading
Mayor Gulliford presented in full, in writing,
Ordinance #10-93-17 .
AN ORDINANCE AMENDING SEC. 3-2 OF THE ATLANTIC
BEACH CODE, CLARIFYING THE HOURS OF SALE OF
ALCOHOLIC BEVERAGES IN THE CITY, PROVIDING AN
EFFECTIVE DATE .
Edwards x
Motion: Approve passage of Ordinance Fletcher
10-93-17 on its first reading and set Tucker
public hearing for February 8, 1993 Waters x
Gulliford
Commissioner Waters referred to the last paragraph
of Ordinance #10-93-17 and suggested establishments
should be able to perform maintenance during the
time that alcoholic beverages were not allowed to
be sold. It was decided to amend the ordinance by
adding "or to perform maintenance" to the last
paragraph of ordinance #10-93-17 .
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Motion: Approve passage of Ordinance Edwards x
10-93-17 on its first reading, as Fletcher
amended, and set public hearing for Tucker x x
February 8, 1993 Waters x x
Gulliford x
The question was called and the motion carried
unanimously.
F. Ordinance 35-93-8 - First Reading
Mayor Gulliford presented in full, in writing,
Ordinance #35-93-8 .
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 2 , ARTICLE VII . FINANCE, DIV. 1 . , SEC.
318, DIRECTING THE FINANCE DIRECTOR TO SET UP A
RESERVE ACCOUNT FOR REVENUE DEVELOPED BY THE FIRE
DEPARTMENT, AND THE PROCEDURES TO USE REVENUE FROM
THE ACCOUNT AND PROVIDING AN EFFECTIVE DATE.
Motion: Approve passage or Ordinance Edwards
#35-93-8 on its first reading and set Fletcher x x
public hearing for February 8, 1993 Tucker x
Waters x_ x
A discussion ensued concerning whether or not funds Gulliford x
should be placed in a Reserve Account for Fire
Department revenue, only. Chief Williams, Fire
Chief , explained the Fire Department did not have
funds budgeted for CPR training and that was why
the funds were placed in a Fire Department Reserve
Account . it was suggested the funds could be
placed in the General Fund, and disbursed by
Resolution. After discussion, the Mayor expressed
concern regarding paying Fire Fighters independent
of regular hours, and he cautioned violating wage
and hour laws.
The question was called and the motion carried
unanimously.
7 . New Business :
A. Request to reduce Administrative Assistant
position to full time Clerk position
Bob Kosoy, Director of Public Works, asked for
authorization to reduce a Wastewater Treatment
Plant Administrative Assistant position which had
been budgeted for FY92/93 but which had not been
filled, to a full time clerk. He explained the
full time clerk would work 40% in the Public Works
Department and 60% in the Atlantic Beach Sewer
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Division, He indicated the full time clerk
position would save the City $9 , 608 . 00 .
Motion: Authorization to reduce Edwards x
Administrative Assistant position in Fletcher x x
Wastewater Treatment Plant from Tucker x x
Administrative Assistant Position to Waters x
Full Time Clerk position Gulliford x.
No discussion before the vote . The motion carried
unanimously.
8 . City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager, referred to the desire
of Shoppes of Northsore to erect a special events
sign. He indicated he was waiting to meet with
Paul Ferber, after which he would report to the
Commission.
Commissioner Fletcher inquired concerning
commercial recycling and it was reported after
Scott Kelly met with the Solid Waste Committee a
report would be made to the Commission.
Commissioner Fletcher asked Chief Thompson to give
a report regarding Donner Park. Chief Thompson
reported the Donner Park program was successful and
well supported by the Community.
Commissioner Edwards referred to the Public Service
Commission ( PSC) proposed recommendation to Chapter
367 . He reported he contacted Florida League of
Cities and they indicated they had not received
information concerning the intent of the PSC, but
that they would pursue this . At the present time,
Commissioner Edwards reported, the matter had been
postponed.
Mayor Gulliford reported drawings of the proposed
building at Russell Park had been received. He
indicated he would like to schedule meetings with
Little League, and all others who would be
interested in the renovation procedure .
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There being no further business the meeting
adjourned at 10 : 20 p. m.
Willi-m I . Gul' ifo � .
Mayor/Presiding On
ATTEST:
Maur en King, Ci y Cl6k