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11-23-81 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA November 23, 1981 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of November 9, 1981 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report A. Item #1 - Adoption of City Ordinances B. Item #2 - Award of Contract for the Community Development Block Grant Capital Improvements C. Item #3 - Proposed Specifications for Insurance D. Item #4 - Employment Status - Claudie Hogans E. Item #5 - Building Inspection Program 6. New Business A. Mr. Mike Ash re Development of Commercial Structure at 469 Atlantic Boulevard (Comic Book Club property) 7. Unfinished Business A. Appointments to Boards and Committees 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 25-81-14 - An Ordinance to Adopt the Standard Housing Code Relating to Inspection Activities of The City of Atlantic Beach, Florida, and Enforcement of Building Provisions as Provided in Said Code 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON NOVEMBER 23, 1981 AT 8:00 PM V V PRESENT:Robert B. Persons, Mayor-Commissioner 0 0 William I. Gulliford, Jr. T T Alan C. Jensen E E Preben Johansen D D Catherine G. Van Ness, Commissioners AND: A. William Moss, City Manager M S Oliver C. Ball, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Persons. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of November 9, 1981 Gulliford x x Motion: The minutes of the regular Commission meeting of November 9, Jensen x 1981 be approved as submitted. Johansen x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x City Manager's Report A. Item #1 - Adoption of City Ordinances Mr. Moss presented a background on the method the city uses to adopt City Ordinances (three readings) and respectfully suggested that the City Commission enact ordinances in accordance with the City Charter and State Statutes, and that the more restrictive provisions of each should prevail. (A copy of item #1, City Manager's report is attached hereto and made a part hereof). Discussion followed. Mayor Persons asked the City Attorney for an opinion. Mr. Ball gave a brief history on why the City had gone to three readings in 1976 and expressed the opinion that the State Statutes requiring the additional reading has preempted the home rule in that respect. The decision was made to continue with three readings for adoption of City Ordinances. B. Item #2 - Award of Contract for the Community Development Block Grant Capital Improvements The City Manager advised that bids for the above project were opened at 1:30 p.m. on November 23, 1981. The lowest and best bid was submitted by Escoe Green, Inc. , of Jacksonville, in the amount of $200,796.50. The engineers' estimate for the project was $197,654.50. He added that approximately $205,000.00 is available for the project. Mr. Moss recommended that the contract for the Community Development Block Grant Capital Improvements be awarded to Escoe Green, Inc. , in the amount of $200,796.50. (Bid tabulation and copy of item #2, City Manager's Report is attached hereto and made a part hereof. ) Gulliford x x Motion: Accept Escoe Green, Inc. 's bid, in the amount of $200,796.50, Jensen x x Juhas the lowest and most responsible bid. Van LL7ss Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x PAGE TWO ' V V MINUTES Names of NOVEMBER 23, 1981 Commrs. M S Y N City Manger's Report - continued C. Item 413 - Proposed Specifications for Insurance Mr. Moss respectfully requested that the proposed specifications for the City's insurance package submitted to the Commission be approved and that the City Manager be authorized to accept proposals. (Copy of item 413 - background information, City Manager's report is attached hereto and made a part hereof.) During discussion before the motion, Commissioner Gulliford asserted that the proposals should be handled through the sealed, competitive bid process rather than "competitive negotiations" stating that type of negotiating tends to be subjective. He also suggested that bidders be given a chance to bid on each of the six packages in the specifications as well as the entire amount, and requested that Mr. Moss provide all interested bidders losses in writing by December 1, 1981. Mr. Moss responded to each item: He expressed the opinion that the city would have a better overall package by competitive negotiations as insurance companies tend to shy away from sealed bids. He stated that some companies, including the present carrier indicated that if the package is split, they will not be interested in bidding. The City Manager added that a short loss history of dollar amounts was included in the specifications, but doubted if the large report he had requested would be available by December 1st. Discussion followed. The following motion was made by Commissioner Van Ness: Motion: Accept proposals for insurance through negotiated bids. Van Ness x The motion died for lack of a second. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Gulliford x x Motion: Accept proposals for insurance through sealed bids. Jensen x Johansen x x Van Ness X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Amended Motion: Include under the original motion "under the Gulliford x x specifications provided by the City Manager". Jensen x Johansen x x Van Ness X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x D. Item #4 - Employment Status - Claudie Hogans The City Manager presented his background information on Mr. Hogans and asked for direction from the Commission as to exactly what Mr. Hogans employment status is. (Copy of item #4-City Manager's report is attached hereto and made a part hereof.) Mayor Persons advised that he had researched the matter from a viewpoint as to the City's position and determined the following: adjudication of any finding was withheld by the court so Mr. Hogan is presumed innocent. The motion for suspension stated "if found innocent, full pay will be provided".The Mayor then read a letter from Mr. Hogan' s attorney, PAGE THREE V V MINUTES Names of NOVEMBER 23, 1981 Commrs. M S Y N —— ... , City Manager's Report - item #4 - continued Mr. Gene T. Moss stating that the charges pending against Mr. Hogans at the time of his suspension were all dropped by the States Attorney s office. A new charge was added involving unlawful use of a city truck to which a plea of guilty was entered. The new charge was not contained in the original indictment against Mr. Hogans, and he was not adjudi- cated guilty of any charge - the court withheld adjudication of guilt. Mr. Moss requested, on behalf of Mr. Hogans, that he be re-instated to his former position with the city with full back pay. Mayor Persons asked the city attorney, Mr. Ball for an opinion, and Mr. Ball stated that if Mr. Hogan went into court against the city on this matter the city would have very little chance of prevailing. He expressed the opinion that the city would expend more monies and effort in court than Mr. Hogans back pay. Mayor Persons added that if the city lost, Mr. Hogan's attorneys fees would also have to be paid by the city. Discussion followed. Commissioner Johansen moved the following motion: Gulliford x Motion: Lift the suspension of Claudie Hogans and award him his Jensen x x back pay minus any monies he has earned while suspended - Johansen x x to be determined by the City Manager. Van Ness x Persons x Mayor Persons pointed out that the City Manager will have the author- ity under the Charter to place him in any position that is comparable in pay in case the position he had is filled. The Mayor also made the following amended motion: Gulliford x Amended Motion: Ask Mr. Hogans to give the City a complete release Jensen x from all claims in return for being reinstated. Johansen x Van Ness x x The City Manager was then authorized to notify Mr. Hogans that the Persons x x City Commission had taken action in his favor. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * E. Item #5 - Building Inspection Program Mr. Moss verbally presented his report on the status of the building inspection program. (copy of his background is attached hereto and made a part hereof. ) The amount of $15,000 was allocated in the 1981- 82 budget for a building inspector to be hired on a contractual basis. Because it was the intent to use the inspector to perform "work-ups" for the Community Development Block Grant Housing Rehabilitation Program, a third of the building inspection activity was to be funded by the Community Development Block Grant. Mr. Moss explained that he has contracted with a local contractor, Mr. Fred Mills, on a week-to- week basis to perform all residential inspections, but some builders and architects have expressed concern that the arrangement may be a conflict of interest. He expressed the opinion that a full-time building inspector is warranted and asked authorization to increase PAGE FOUR V V MINUTES Names of NOVEMBER 23, 1981 Commrs. M S Y N City Manager's Report - continued - item 4{5 the yearly allocation for the building inspection program from $15,000 to $19,500. The additional $4,500, if required, may be fund- ed by the Community Development Block Grant , Mayor Persons asked where the additional money would come from when the grant is expender , and Mr. Moss answered from the General Fund, assuming the city was not awarded another grant. Commissioner Gulliford expressed the opinion that this is a service that should pay for itself and objecte , to having to fund the program from the general fund and suggested the fees be increased to offset the cost. Mr. Moss agreed and stated that he planned to come back in the near future with a survey from other cities. He explained that the $15,000.00 presently allocated is cash-out and the additional $4,500 may be required to provide for all costs associated with a full-time inspector, including salary, FICA, health insurance, retirement and transportation, and that this additi. n- al cost is an eligible C.D.B.G. expense. Discussion followed, Commissioner Johansen made the following motion: Gulliford x Motion: Allocate an additional $4,500 to the Building Inspection Jensen x Program to be expended at the discretion of the City Johansen x x Manager. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x New Business A. Mr. Mike Ash re Development of Commerical Structure at 469 Atlantic Boulevard (Comic Book Club property) Mayor Persons announced that he had a conflict of interest in the above mentioned matter due to the fact that his firm represents Mr. Ash and he turned the Chair over to Mayor Pro Tem Jensen to handle the matter. Mr. Moss stated that Mr. Ash is proposing to remove the existing Comic Book Club at 469 Atlantic Boulevard and construct a small complex for retail stores and professional offices. The property is presently zoned Business "A" which allows the above. In the proposed zoning ordinance being developed at this time, the area is zoned " Commercial Limited" and retail outlets will not be permit- ted. Mr. Ash asked for general consensus as to how the City Commissio, felt about the development at that location before undertaking a project of that multitude. Discussion following regarding the propose. zoning ordinance - amend to change the area from Commercial Limited t. Commercial General which will provide for professional offices and retail stores. Commissioner Johansen expressed the view if Mr. Ash presents his final plans and specifications while the present zoning ordinance is in effect the Commission will be obligated to "grandfath .r" the development in when the new zoning ordinance is adopted. Mayor Pro Tem asked the city attorney what the status was on the law suit involving the property. Mr. Ball stated that he expected the next move to be a motion for dismissal. Mayor Pro Tem Jensen agreed with Commissioner Johansen that any permit that would be issued would be issued according to the Ordinance in effect at the time of the issuan e. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * V V PAGE FIVE Names of MINUTES Commrs. MS Y N NOVEMBER 23, 1981 4 Unfinished Business A. Appointments to Boards and Committees Mayor Persons suggested that the appointment of members to the Board of Adjustment be the first item and listed the present members: L. B. MacDonnell,Chairman C. T. Tinsley, Secretary George Bull, Jr. Dorothy Kerber John Onstott - resigned due to illness The Mayor praised the excellent job the members of the Board have done and suggested that, with no objection from the Commission, all members, with the exception of Mr. Onstott, be reappointed. Mayor Persons added that Mr. Frank J. Tassone, 1220 Selva Marina Circle, had expressed his willingness to serve on the seat vacated by Mr. Onstott. Commissioner Johansen moved the following motion: Gulliford x x Motion: Re-appoint the existing four members and add Mr. Frank J. Jensen x Tassone as a member of the Board of Adjustment for a perioi Johansen x x of three years. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x Mayor Persons appointed the City Manager, A. William Moss to serve on the Technical Advisory Committee - 201 Plan. The Mayor stated that he will serve as a member of the Jacksonville Beaches CATV Board. * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances A. Ordinance No. 25-81-14- 2nd Reading AN ORDINANCE TO ADOPT THE STANDARD HOUSING CODE RELATING TO INSPECTIO ' ACTIVITIES OF THE CITY OF ATLANTIC BEACH, FLORIDA, AND ENFORCEMENT OF BUILDING PROVISIONS AS PROVIDED IN SAID CODE. Mayor Persons stated that after the first reading, the City Manager was instructed to amend the Ordinance with provisions regarding the right of entry and screens. Mr. Moss read the right of entry amend- ments at the request of Commissioner Johansen. Discussion followed on the amendments including the Board of Adjustment to serve as the appeals body, violations and penalties, and inspections. Mrs. Dorothy Kerber strongly opposed Section 104 - Inspections. The Mayor objected to Section 104 - Inspections (a) "The Housing Official is hereby authorized to develop and implement a plan for the periodic inspectio , of dwelling units subject to the provisions of this code". He submitt •d that it be further amended for a provision to say the city inspector would have the right of entry only in those cases where he had probab e cause to believe that a hazardous violation existed. • PAGE SIX V V MINUTES Names of NOVEMBER 23, 1981 Commrs. M S Y N — ---- -_----- - -- __ - ... .. --- '-�--- d Action on Ordinances - continued Mayor Persons instructed the City Attorney to draft a proposed penalt clause and right of entry to be included in the amendments of the Ordinance. The second reading will be continued over until the meet- ing of December 14, 1981. Miscellaneous Business Commissioner Van Ness stated that the wind screens on the North side of the tennis courts are in shreds and need to be replaced. She also asked once again that someone call the City of Jacksonville and repor the street light at the corner of Ocean and Seminole is out and has been for months. There being no further business, the Mayor declared the meeting adjourned. (SEAL) Robert B. Persons, Jr. Mayor-Commissioner ATTEST: a66-12:_z&X. Adelaide R. Tucker City Clerk . . f t GING — C�;.c:r!11a f 1 1811AV1:11 25 ATL.X77CBEACH. T1.0101IA 3.233 ' r - --- - Ti:I.T.17i0NE (:I1)1) 249.2393 No ,.,-ber 30, 1981 STATE OF FLORIDA COUNTY OF DUVAL I, Cleudie Hooans, do solemnly swear that the sum of monies so stated by me, $1,212.56, is the full amount earned by me during the period of time I was suspended from employment by the City of Atlantic Beach, Florida Claudie Hogans Sworn to and subscribed before me this 30th day of November a.D. , 1981 . 2.4-2,4" Nota--_v Public Ste of Florida at Large 'I OTARY PUBLIC. STATE OF FLORIDA My Co Mission expires Ccmmissice Expires Sept. 14. 1BE5 rt- - I _ i - /G - 5". ,f - tie - s / I , 21 16 - 13 . J/ • -c . 1O iC - ,E- g / t0Ii) /L' - 4/ S ,'IV r� / J 2 . .5-6 TO: Mr. A. William Moss, City Manager City of Atlantic Bkach, Florida I certify that the above statement provided to Mr. Claudie Hogans accurately reflects the amount of money this corporation has paid him for the period May 25, 1981, through November 23, 1981. Jack Adams, President SKYLINE MOBILE HOMES