06-22-92 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, JUNE 22, 1992, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of June 8, 1992
2. Recognition of Visitors:
3. Appearances:
A. Donner Neighborhood Community Development Corporation
presentation (George Johnson, President)
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 DOCUMENTAITON AND STAFF
RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON
THESE ITEMS.
4. Consent:
A. Water and Sewer Committee report
B. Fleet Landing Report
C. Final Change Order #1-(increase by $1,000) Edgar Street/Levy Road
D. Report and recommendation of Awards Committee regarding
9192-14 portable radios
E. Report and recommendation of Awards Committee regarding
9192-15 renovation of Adele Grage Community Center
5. Resolutions:
A. Resolution #92-17 recognizing the Interlocal Agreement
Committee
B. Resolution #92-18 authorizing the City Manager to negotiate a
contract with the Donner Neighborhood Community Development
Corporation
6. Ordinances:
A. Final reading and public hearing of Ordinance #80-92-46
concerning wastewater impact fees
7. City Manager Reports and/or Correspondence:
8. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O
PM ON MONDAY, JUNE 22, 1992 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters, III, Commissioners O E
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
June 8, 1992 .
Edwards x x
Motion: Approve minutes of the regular meeting of Fletcher x
June 8, 1992 . Tucker x x
Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
2 . Recognition of Visitors:
Teresa Todd, 567 Selva Lakes Circle, invited everyone to
attend the Third Annual Trash Bash, July 4th, at Jack
Russell Park, from 11 :00 a. m. until 2 : 00 p. m. She
explained the purpose was to celebrate the City' s
successful recycling program.
3. Appearances:
A. Donner Neighborhood Community Development Corporation
presentation
Mayor Gulliford explained George Johnson, President of
the Donner Neighborhood Community Development
Corporation, was not able to attend the meeting, and it
was decided to withdraw Item 3A from the Agenda.
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4. Consent:
A. Water and Sewer Committee Report
B. Fleet Landing Report
C. Final Change Order #1- (increase by $1, 000)
Edgar Street/Levy Road
D. Report and recommendation of Awards Committee
regarding Bid #9192-14 portable radios
E. Report and recommendation of Awards Committee
regarding Bid #9192-15 renovation of Adele Grage
Community Center
At the request of Commissioner Fletcher Item A was
removed from the Consent Agenda.
Edwards x x
Motion: Approve Consent Agenda with the Fletcher x
exception of Item A Tucker x
Jaters x x
No discussion before the vote. The motion carried Sulliford x
unanimously.
4A. Water and Sewer Committee Report
Commissioner Fletcher indicated the City was at maximum
capacity at the Waste Water Treatment Plant. He reported
the expansion of the plant was one of the highest
priorities and would be discussed during budget meetings.
The Commission accepted the Water and Sewer Committee
Report.
5 . Resolutions
A. Resolution #92-17 - COMMENDING THE CITIZENS FACT
FINDING COMMITTEE ON THE INTER-LOCAL AGREEMENT
Mayor Gulliford announced he would like to defer action
on Resolution #92-17 until the next meeting. He
indicated he would like to have the members of the Fact
Finding Committee invited to the next meeting for
presentation of Resolution #92-17 .
B. Resolution #92-18
Mayor Gulliford presented in full, in writing, Resolution
92-18 : A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING THE MAYOR TO NEGOTIATE A CONTRACT WITH THE
DONNER NEIGHBORHOOD COMMUNITY DEVELOPMENT CORPORATION FOR
TRANSFERAL OF OWNERSHIP OF FIVE CITY OWNED HOUSES TO THE
CORPORATION Edwards x x
letcher x
Motion: Approve Resolution 92-18 Tucker x x
Waters x
Gulliford x
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No discussion before the vote. The motion carried
unanimously.
6. Ordinances:
A. Ordinance #80-92-46 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, INCREASING THE MAXIMUM TIME ALLOWED
FOR EXTENDED PAYMENT PLANS FOR SEWER SYSTEM CONNECTION
AND IMPACT FEES, PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance
No. 80-92-46, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
Since no one wished to speak the Mayor closed the Public
Hearing.
City Manager Kim Leinbach reminded the Commission that at
the meeting of June 8, 1992 it was decided to amend the
ordinance by changing "existing buildings or structures"
to "new and existing buildings or structures. " Edwards x
Motion: Approve Ordinance 80-92-46, as Fletcher
amended: "existing buildings or structures" Tucker x
shall be changed to "new and existing Waters
buildings or structures. Gulliford
Commissioner Waters stated at the meeting of June 8, 1992
a discussion was held concerning the definition of
"hardship" and a clear definition was supposed to be
given to the Commission. He indicated he would like to
know the definition of "hardship" before voting on the
ordinance. City Attorney Alan Jensen explained if the
Commission so desired applicants could be required to
submit financial information and affidavits. Instead, he
suggested utilizing a short form that applicants would
fill out declaring that it would be a hardship to make a
lump sum payment, and requesting monthly payments. Mr.
Jensen stated it would be up to the Commission if they
desired to place income levels on hardship cases.
Commissioner Waters stated he found hardship cases, as a
whole, not clearly defined within the City. The Mayor
suggested the Commission rely on City staff, who would be
administering the extended payment plan in cases of
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hardship, to show discretion and implement the ordinance
properly. He added future commissions would oversee the
implementation of the ordinance, and, if the policy were
abused in the future, the ordinance could be abolished.
Commissioner Fletcher suggested having the City Manager
give the Commission a monthly or quarterly report
indicating the applications that had been made and the
disposition granted by staff.
Edwards x
Substitute Motion: Approve ordinance 80-92- Fletcher x x
46, as amended, with the stipulation that a Tucker x
copy of each hardship application along with Waters x x
the disposition of same by City staff be Gulliford x
forwarded to the Commission on a regular
basis.
A discussion ensued concerning what recourse the City
had, should an applicant refuse to make payments. It was
determined in the past city contractual agreements
stipulated that water and sewer could be cut off, should
an applicant refuse to make payments.
Commissioner Fletcher suggested granting authority to
the City Manager to include language in the contractual
agreement indicating the right of the city to cut off
water and sewer services if the contract was not complied
with and payments were not made. It was decided it would
be more prudent to discuss this matter further and make
sure this type of protection was written into all
contracts and ordinances, and not ordinance #80-92-46,
only. The City Attorney was asked to check into how the
City would implement water and sewer cut off, should an
applicant refuse to make payments.
The question was called and the motion carried
unanimously.
7. City Manager Reports and/or Correspondence:
The City Manager reported complaints had been received
regarding odor problems at the Buccaneer Plant. He
reported staff was working to alleviate this problem.
The City Manager reported HUD had proposed 16 sites for
scattered housing, and staff was meeting with HUD in
order to have input concerning this matter.
The City Manager reported a field permit had been granted
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by DNR for the City to place ribbon to protect the Sea
Oats.
City Clerk Maureen King reported about a year ago the
Commission signed a contract with Florida League of
Cities for collection on delinquent and escaped license
taxes for insurance companies, and she indicated the City
had received its first payment of $5, 520.
Commissioner Edwards distributed copies of a Resolution
adopted by Florida League of Cities opposing the
stormwater management issue. He reported he called the
National League of Cities who indicated they are also
pursuing this vigorously.
There being no further business the eeting adj urned
7:34 p. m.
Wi liam I . Gu 1 • fo .d
Mayor/Presiding Ofiic_
A T T E S T:
Maureen King,. Cite Clerk