05-27-97 v CITY OF ATLANTIC BEACH
COMMISSION MEETING- May 27, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of May 12, 1997
2. Recognition of Visitors:
A. Introduction of new police officers
B. Recognition of Building Inspector of the Year
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of monthly report from Building and Fire Departments
5. Action on Resolutions:
A. Resolution No. 97-17
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN
FUNDS (To correct deficiency in Atlantic Beach Sewer Fund due to
expenditures in connection with Tropical Storm Josephine)
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Hearing (Continued from May 12, 1997)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN
EFFECTIVE DATE
B. Ordinance No. 90-97-164: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY
ADDING PLANT NURSERIES TO THE USES BY EXCEPTION IN
SECTION 24-107; PROVIDING AN EFFECTIVE DATE
C. Review and discussion of draft ordinance to rewrite City Code Chapter 24,
Zoning and Subdivision Regulations
Page Two AGENDA May 27, 1997
7. New Business:
A. Award contract to John Woody, Inc. in the amount of $393,049.91 for utility
improvements in Saratoga/Forrestal/Belvedere Streets pursuant to the specifications
of Bid #9697-10
B. Authorize the Mayor to execute Addendum II to the Conceptual Approval Agreement
with Florida Communities Trust for Preservation 2000 grant funds
C. Authorize the Mayor to execute contract with the Florida Department of Community
Affairs to proceed with Request for Proposal for a consultant to assist in the
preparation of the Evaluation and Appraisal Report regarding the City's
Comprehensive Plan
D. Authorize the City Manager to create a Human Resource Director position and hire
a qualified professional to fill that position
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
If any person decides to appeal any decision made by the City Commission with respect to any matter considered
at any meeting, such person may need a record of the proceedings,and,for such purpose,may need to ensure
that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon
which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience,forms for this purpose are available at the entrance
to the Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk.
V V
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC 0 0
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T
ROAD, AT 7:15 PM ON MONDAY, MAY 27, 1997 E E
D D
PRESENT: Lyman Fletcher, Mayor M S
Mike Borno 0 E
John Meserve T C
Steve Rosenbloom, I O Y
NAME OF ON E N
Suzanne Shaughnessy, Commissioners COMMRS. N D S 0
AND: Alan C. Jensen, City Attorney
Jim Jarboe, City Manager
Maureen King, City Clerk
The meeting was called to order at 7:15 p.m. The invocation was offered by
Mayor Fletcher, followed by the Pledge of Allegiance to the Flag.
1 Approval of the minutes of the Regular Meeting held
May 12. 1997.
The minutes were approved as presented.
Commissioner Rosenbloom arrived at the meeting at 7:24 p.m.
2 Recognition of Visitors: •
A. Introduction of new Police Officers
Chief John Campbell introduced and presented brief background information on
the following new Police Officers: David Cameron, Dennis Alexander and
Cynthia Lord. Chief Campbell reported the fourth new officer, Brian Mullins,
was unable to attend.
Mayor Fletcher and Chief Campbell welcomed the new employees to the city.
B. Recognition of Building Official of the Year
This item was taken out of sequence and recognition was given at the end of
Section 2.
C. Leslie Lyne, Councilor from the City of Neptune Beach
Councilor Lyne requested a donation from the City of Atlantic Beach to bring
the Jacksonville Youth Symphony to the beach for performances of"Westside
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May 27, 1997 COMMAS. MS Y N
Story" on August 1 - 2, 1997. Councilor Lyne stated $8,000.00 was needed
and $5,000.00 had been raised.
Some discussion of the request ensued. When asked if a contribution could be
made, City Attorney Jensen referred to the City Code prohibiting contributions
to charitable, non-profit or other worthy causes and stated he believed the
contribution could not be made
Mayor Fletcher then stated that the ordinance was passed several years ago and
under the constraints of the ordinance the city has had to deny numerous
requests for donations the Commissioners might like to fulfill
Commissioner Shaughnessy inquired if there was a time limit for the request
and Councilor Lyne stated she needed to know by the middle of June.
Councilor Lyne continued by stating that perhaps the situation was different for
Neptune Beach because the performance was being held within their city limits.
They were using Continental Cable Special Events Funding to pay for the event,
which was acceptable under their ordinance.
Commissioner Shaughnessy inquired if the City of Atlantic Beach had any of
the Special Events funds remaining. Finance Director Meuse stated those
funds were spent on the Campout Under the Stars and Christmas Programs. s.
Commissioner Shaughnessy then inquired how a donation was made a few
years ago to the City of Jacksonville Beach for fireworks; and stated the
distinction might be that the money was donated to a governmental entity and
Atlantic Beach residents would probably benefit from the event. Commissioner
Shaughnessy then asked City Attorney Jensen if this was analogous and he
stated it probably was.
Commissioner Rosenbloom indicated he favored making the contribution , if
for no other reason than to build friendship and comraderie between the two
cities.
BORNO X
Motion: Sponsor the Jacksonville Youth Symphony Program to the MESERVE X
extent of$750.00 to put on "Westside Story" in concert with the ROSENBLOOM X x
of Neptune Beach. SHAUGHNESSY X X
City P FLETCHER X
Mayor Fletcher expressed concern that the city did not have the legal authority
to make the contribution. He then stated it was his understanding that
Commissioner Rosenbloom wanted, with regard to the motion, a sense of the
Commission to see if they could legally do it, not actually authorize it, and
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May 27, 1997
direct City Attorney Jensen to research actions of the Commission in the past
to see if it could be done.
Substitute Motion: Direct City Attorney Jensen to explore and
research any actions taken in the past to make such donations.
The substitute motion died for lack of a second.
Commissioner Meserve stated he felt giving money to a private organization
would be illegal under the City Code. However, he believed Staff could be
directed to see if a legal way could be found to make the donation.
Amendment to motion: Make the contribution dependent on
finding a legal way to do it.
Second amendment to motion: Make the contribution to the City
of Neptune Beach.
Commissioner Rosenbloom stated he felt the Commission should give serious
consideration to amending the ordinance because the beaches area is becoming
"global" whereby the three cities have experienced many opportunities to do
things together, and it is too cumbersome to always say"sorry we cannot
participate because of the ordinance". Commissioner Rosenbloom further
stated as far as he was concerned, if there were no legal objections found in the
minutes when the contribution was made to Jacksonville Beach, then the city
could make this contribution because the precedent was set at that time.
The vote on the motion as amended carried by a three to two vote with
Commissioner Meserve and Mayor Fletcher voting nay.
Mayor Fletcher then stated it was his understanding that this matter now rests
with Counsel to research, and if his opinion stands, the expenditure does not go
forward or if his opinion is that the city can make the contribution, it would go
forward.
After the Mayor's summary of the motion, Commissioner Rosenbloom stated
he would accept the Mayor's description of the motion made, however, he felt
the Commission was putting itself in a pick and choose trap whereby under
certain circumstances the Commission chose to interpret the ordinance in favor
of certain things and not others. Commissioner Rosenbloom expressed his
belief that a double standard would be set if the money was given to
Jacksonville Beach and not the City of Neptune Beach should Counsel
determine this request is not within the purvey of the ordinance.
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May 27, 1997
D. Jim Moore of 346 Seminole Road
Mr. Moore complained of speeding on Seminole Road from City Hall to
Atlantic Boulevard and requested regular patrol of the area and the issuance of
more tickets to curtail the problem.
City Manager Jarboe briefly recapped steps the city is taking to handle speeding
problems citywide.
E. J.P. Marchioli of 414 Sherry Drive
Mr. Marchioli commented favorably on the addition of fill and new mulch at
the entrance to Howell Park and complimented Alan Sowder and his crew for
their work.
F. Alan Potter of 374 Second Street
Mr. Potter stated contrary to the recent newspaper article, Beaches Aquatic
Pool was not installing a four foot fence with barbed wire around its
retention pond. He reported the organization had applied for a permit to
install a 48" chain link fence to keep debris from the pond. As an illustration
of the litter problem, Mr. Potter stated on Thursday neighborhood boys were
throwing trash and debris into the retention pond.
Mr. Potter then commented on the city's recent payment of a $12,500
settlement with the DEP as a fine stemming from a discharge violation during
construction of the Atlantic Beach Wastewater Treatment Plant. Mr. Potter
stated that even though construction was completed early resulting in savings of
$23,000.00 for the city, he asserted the Davco plant should not have been taken
out of service early and felt the city deliberately violated the law by doing so.
Mr. Potter also stated no Change Order was issued authorizing the plant to be
taken out of service.
G. Richard O'Brien of 5 10th Street
Mr. O'Brien requested that the city's parking sticker program be reinstated.
Mayor Fletcher stated he understood the parking problems in that area and
asked that staff investigate the request.
H. Ron Summers of 589 Viking Lane I f
Mr. Summers commended Chief Thompson and the Commissioners for trying
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May 27, 1997
to be good neighbors and providing good service to the citizens of Atlantic
Beach.
I. Dale Wappes of 1885 Beach Avenue
Mr. Wappes complained of the length of time it was taking to complete the
Beach Avenue water/sewer/paving project and stated he was very frustrated
with the extended delays. He asked the city to avoid such problems in future
contracts.
Jim Jacques, Assistant Public Works Director, gave a brief status report on the
project and stated that many of the problems stemmed from the narrow rights-
of-way. In spite of the delays, Mr. Jacques stated the project was on schedule
and may be completed by the end of June.
J. Douglas Speed of 1207 Seminole Road
Mr. Speed complained of speeding on Seminole Road and of pet owners not
cleaning up after their animals in Jack Russell Park, which creates problems for
the parents and children using the playground area and ball fields. He asked the
Commission to consider prohibiting dogs from the park.
B. Recognition of Building Official of the Year
Building Official Don Ford was introduced and City Manager Jarboe
commended him for being selected Building Official of the Year for the
First Coast area.
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of monthly report from the Building and Fire
Departments
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
A. Resolution No. 97-17
A RESOLUTION TRANSFERRING CERTAIN MONIES
BETWEEN FUNDS (To correct deficiency in Atlantic Beach
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May 27, 1997
Sewer Fund due to expenditures in connection with Tropical
Storm Josephine)
Motion: Adopt Resolution No. 97-17 to correct a deficiency in BORNO X
the Atlantic Beach Sewer Fund due to expenditures in MESERVE X X
connection with Tropical Storm Josephine in the amount of ROSENBLOOM X X
P P SHAUGHNESSY X
$26,510.00. FLETCHER X
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Hearing (Continued from May 12,
1997)AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND
PROVIDING AN EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only, opened the public hearing and
invited comments from those present. No one spoke and the public hearing was
continued.
BORNO X
Motion: Defer action and continue the public hearing to the June MESERVE X
23, 1997 Commission Meeting in order to give the Sign Ordinance ROSENBLOOM x X
Review Committee time to review the draft ordinance and make SHAUGHNESSY X X
recommendations. FLETCHER X
There was no discussion and the motion carried unanimously.
B. Ordinance No. 60-97-164: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES BY ADDING PLANT NURSERIES TO THE
USES BY EXCEPTION IN SECTION 24-107; PROVIDING AN
EFFECTIVE DATE
BORNO X
Motion: Approve Ordinance No. 90-97-164 on first reading. MESERVE X X
ROSENBLOOM X
SHAUGHNESSY X X
FLETCHER X
Mayor Fletcher read the ordinance by title only and stated the final reading and
public hearing would take place June 9, 1997.
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May 27, 1997
Mrs. Kauffman, who was present in the audience, expressed concern the
property was already being used as a plant nursery. City Manager Jarboe stated
he would look into the matter.
There was no discussion and the motion carried unanimously.
C. Review and discussion of draft ordinance to rewrite City Code
Chapter 24, Zoning and Subdivision Regulations
Mayor Fletcher announced the first reading of the ordinance would take place
at the June 9, 1997 Commission Meeting. A Workshop Meeting to review the
proposed ordinance will be held on Wednesday, June 4, 1997 at 7:15 p.m.
7. New Business:
A. Award contract to John Woody, Inc. in the amount of$393,049.91
for utility improvements in Saratoga/Forrestal/Belvedere Streets
pursuant to the specifications of Bid #9697-10
BORNO X X
Motion: Award contract to John Woody, Inc. in the amount of vIESERVE x x
$393,049.91 for utility improvements in Saratoga/Forrestal/ ROSENBLOOM x
Belvedere Streets pursuant to the specifications of Bid #9697-10. SHAUGHNESSY X
FLETCHER X
There was no discussion and the motion carried unanimously.
B. Authorize the Mayor to execute Addendum II to the conceptual
Approval Agreement with Florida Communities Trust for
Preservation 2000 grant funds
BORNO
Motion: Authorize Mayor to execute Addendum II to the MESERVE
X
3' MESERX X
conceptual Approval Agreement with Florida Communities Trust ROSENBLOOM x
for Preservation 2000 grant funds. SHAUGHNESSY X X
FLETCHER X
There was no discussion and the motion carried unanimously.
C. Authorize Mayor to execute contract with the Florida Department
of Community affairs to proceed with Request for Proposal for a
consultant to assist in the preparation of the Evaluation and
Appraisal Report regarding the City's Comprehensive Plan
BORNO X X
MESERVE X X
Motion: Authorize Mayor to execute contract with the Florida ROSENBLOOM x
Department of Community Affairs to proceed with the Request for SHAUGHNESSY x
FLETCHER X
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May 27, 1997
Proposal for a consultant to assist in the preparation of the
Evaluation and Appraisal Report regarding the City's
Comprehensive Plan.
There was no discussion and the motion carried unanimously.
D. Authorize the City Manager to create a Human Resource Director
position and hire a qualified professional to fill that position
City Manager Jarboe explained the need for a Human Resource professional in
detail and stated law suits could be prevented by employing someone in that
position(See City Manager Memo dated May 21, 1997 which is attached and
made part of this official record as Attachment A).
City Manager Jarboe stated he had spoken with Susan Rogers, Human
Resource Director of Crowley American Transport, Inc. and resident of
Atlantic Beach, and she would be willing to act as a consultant to assist the city
in developing the job specifications for the position at no cost to the city.
Commissioner Shaughnessy inquired as to the salary for the position. City
Manager Jarboe stated a salary of $30,000 - $35,000.00 plus benefits was
needed to attract a qualified person with four years of experience, and the
position would be funded by taking a percentage from each department's
budget.
Commissioner Meserve favored the request and stated it was mandatory for the
city to avoid law suits.
Commissioner Rosenbloom concurred but suggested that consideration be
given to hiring a qualified individual part-time.
BORNO X X
MESERVE X X
Motion: Authorize the City Manager to create a Human Resource ROSENBLOOM X
Director position and hire a qualified individual to fill that SHAUGHNESSY X
position. FLETCHER X
There was no further discussion and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
With regard to the speeding concerns mentioned earlier, City Manager Jarboe
responded that speeding presents an on-going problem throughout the city
with some cases being real and others perceived. The effects of the digital
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May 27, 1997
readout sign borrowed from the City of Jacksonville lasted about a week. City
Manager Jarboe acknowledged that East Coast Drive and Seminole Road were
problem areas and suggested having a"No Speed Day" or that warning tickets
be written to all speeders. City Manager Jarboe continued by stating the Public
Safety Department wrote in excess of 5,000 tickets in 1996, but the problem
continues.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
Commissioner Rosenbloom reported he had received a request for a speed
bump on Beach Avenue and suggested the city consider more informative,
creative ways to educate the public with signs.
Commissioner Borno stated that sometimes the punishment needs to be
painful to get a driver's attention regarding speeding and the driver needs to
accept responsibility for his actions if exceeding the speed limit.
Commissioner Shaughnessy commented that more tickets are being written,
but the complaints have not decreased and suggested strongly worded signs
may get the message out.
Commissioner Shaughnessy reported that she had attended a Chamber of
Commerce Meeting that morning concerning the proposed Wonderwood
Expressway where the majority of those present favored the project.
Commissioner Shaughnessy urged those present who supported the
expressway to contact their Council representative.
With regard to the request for the donation by Councilor Lyne, Commissioner
Shaughnessy stated she believed it was the sense of the Commission to find a
way to legally make the donation.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 8:30 PM.
ArepAirik
Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
ial-Wbe4C Ag.tf
Ma een King, C
City Clerk
- ATTACHMENT A
MAY 27, 1997 COMMISSION MEETING
- 97
CITY OF /
�L EeRG�L texPriclet 800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
__-
-- ------ - ----" TELEPHONE(904)247-5800
FAX(904)247-5805
SUNCOM 852-5800
May a 1997
Memorandum to: •
The Honorable Mayor
and?daubers of the City Commission
City of Atlantic Beach
Subject Need for a Human Resource Professional
Dear City Commission Members:
As may know, human resource responsibilities for cities lied ke withaut having ars are y
y years, has existed taxing and difficult. Atlantic Beach, for many
formalPe rsonnel division. As of this date we have one individual who is basically acting
as a clerical person who processes paperwork.
I have discussed the need for a qualified human services professional fory a American
of our size
with Susan Rogers, who is the Human Director She agrees with me that for a
Transport, Inc. She is also a resident of Atlantic Beach serious
city not to have a professional handling our human services needcould lcreate
attended a
problems in the future. In addition, David Thompson and Ann our neck out
human resource training session. It is also their feelingpersonnelgissues.
by not having a skilled human resource/personnel person to handle our
I am seeking your permission to add this additional position to our staff as soon as
possible. This person would be responsible for managing personnel, supervising,
providing human resource services, preparation of payroll,
implementing personnel rules, person would
employee recruitment, and the maintenance of personneloruldrudisure�tha our. city is in
also be the city's Equal Employment Coordinator,
compliance with federal guidelines, such as the American Disabilities such as Act.
s . Finally,p otherproblems,
responsibilities would include dealing with any
harassment.
If you do approve this request Susan Rogers has agreed to work with me in developingtru
pour existing personnel
the job specifications for the position, and assessing
Page 2
Human resource Professional
May 21, 1997
Your consideration of this request is appreciated.
Respebtfully submitted,
CArn
James R. Jarboe
City Manager
JRJ:tl