11-24-97 v CITY OF ATLANTIC BEACH
COMMISSION MEETING-November 24, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meetings of November 10 and Special
Called Meeting of November 12, 1997
2. Recognition of Visitors:
3. Unfinished Business:
A. Discussion and related action in connection with possible construction of a sculpture
in connection with First Night activities(City Commission)
B. Howell Park Review Committee report and action,if required, (Commissioner Borno)
C. Discussion and possible action in connection with construction of a city greenhouse
(Mayor Shaughnessy)
D. Discussion and related action in connection with hiring a Labor Attorney (City
Manager)
E. Recognize the Mayport Waterfront Partnership as the official agency representing the
Waterfronts Florida Program area; confirm appointment of Commissioner Meserve
as initial Chair; confirm staff and membership of Mayport Waterfront Partnership
(Commissioner Meserve)
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvements Projects progress report (City
Manager)
5. Action on Resolutions:
A. Resolution No. 97-45
RESOLUTION OF ESTEEM - Joanna Fletcher (Mayor Shaughnessy)
6. Action on Ordinances:
7. New Business:
A. Public Hearing and action on an application for a Use by Exception filed by Russell
& Lydia Rhodes, to operate a contracting business with no outside storage on
property located at 1079 Atlantic Boulevard, zoned Commercial General (City
Manager)
B. Approve 1997/98 CDBG contract and authorize the Mayor to sign the contract
document(City Manager)
Page Two AGENDA November 24, 1997
C. Award contract to Barnette Construction, Inc., in the amount of$4,843.80 for CDBG
housing rehabilitation at 370 Dudley Street pursuant to the specifications of Bid No.
9798-5 (City Manager)
D. Award contract to Hanna Construction in the amount of$14,900.00 to design/build
an animal kennel building, pursuant to the specifications of Bid No. 9697-20 (Rebid)
(City Manager)
E. Authorize execution of a lease of an office building for Mayport Waterfronts
Partnership (Commissioner Meserve)
F. Action on request to grant city employees a day off on December 26, 1997 (City
Manager)
8. City Manager Reports and/or Correspondence:
A. Announcement - Tree Lighting and Luminaries (City Manager)
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
A. Mayoral appointments - Mayport Waterfront Partnership (Mayor Shaughnessy)
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 by 5:00
PM, Friday,November 21, 1997.
✓ v
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC S S
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE
ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 24, 1997
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners M S
O E
AND: James Jarboe, City Manager T C
Alan C. Jensen, City Attorney I 0 Y
Maureen King, City Clerk ONE N
COMMISSIONERS N D S 0
Me was called to order by Mayor Shaughnc •. — • . -. .. • .-
given by Reverend Gabe Goodman followed by the Pledge of Allegiance to the
Flag.
1. Approval of the minutes of the Regular Meeting held
November 10, 1997.
BEAVER X
BORNO X X
Motion: Approve minutes of the Regular Meeting held ME SERVE X X
November 10, 1997. MITCHELSON X
SHAUGHNESSY X
The motion carried unanimously.
Approval of the minutes of the Special Called Meeting held
November 12, 1997. BEAVER X
BORNO X X
Motion: Approve minutes of the Special Called Meeting held ME SERVE X X
November 12, 1997. MITCHELSON X
SHAUGHNESSY X
2. Recognition of Visitors:
No one wished to speak.
Item 5 A was taken out of sequence and acted upon at this time.
A. RESOLUTION NO. 97-45
RESOLUTION OF ESTEEM - Joanna Fletcher
(Mayor Shaughnessy) BEAVER X
BORNO X X
Motion: Adopt Resolution No. 97-45. ME SERVE x x
MITCHELSON X
SHAUGHNESSY X
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Minutes Page -2- I o Y
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Mayor Shaughnessy read the Resolution praising the accomplishments
of Joanna Fletcher in its entirety. Mayor Shaughnessy then thanked
Mrs. Fletcher for her work with Town Center and presented her with
the framed document.
There being no further discussion, the motion carried unanimously.
3. Unfinished Business:
A. Discussion and related action in connection with possible
construction of a sculpture in connection with First Night activities,
(City Commission)
Mayor Shaughnessy recapped the recommendations made for the location of
the sculpture as follows: Staff- Howell Park, Recreation Advisory Board -
first choice, Howell Park, second choice Jack Russell Park, and First Night
Committee - Howell Park.
BEAVER X X
Motion: Authorize City Manager and Parks and Recreation Staff BORNO X
to work with the artist, Sharla Valeski, to site the sculpture in MESERVE X X
MITCHELSON X
Howell Park.
SHAUGHNESSY X
Concern was expressed that installing the sculpture would increase the city's
insurance rates. Commissioner Borno quoted the following from a letter dated
November 19, 1997, from the city's insurance carrier, Coregis Insurance
Company: "As it is constructed this sculpture will increase the potential for a
minor being injured while playing in a public park by a sculpture that could be
regarded in a court of law as an attractive nuisance not designed to any known
standard of public safety". The letter and associated documents are attached
and made part of this official record as Attachment A.
Commissioner Meserve stated he believed it was a great, innovative project,
and the artist has agreed, that if and when the sculpture becomes an attractive
nuisance or ends its useful life, it can be taken down.
Commissioner Mitchelson stated he believed it might be premature to site the
sculpture in Howell Park considering recommendations from the Howell Park
Review Committee were not due until December 8, 1997.
Commissioner Beaver inquired if the City Manager had addressed the changes
to the sculpture with Ms. Valeski and was told the changes had been
completed.
There being no further discussion, the motion carried unanimously.
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November 24, 1997 COMMIISSIONERS N D S 0
B. Howell Park Review Committee report and action, if required
(Commissioner Bomb)
Commissioner Borno stated the committee would present their final report to
the Commission on December 8, 1997.
C. Discussion and possible action in connection with construction of a
city greenhouse (Mayor Shaughnessy)
Mayor Shaughnessy explained that former Mayor Fletcher was not prepared to
make a presentation tonight and withdrew the item from the agenda.
Jody Richards, President of East Coast Greenery, Inc., a local nursery and
greenhouse, stated she was present to answer any questions the Commission
might have concerning the operation of a greenhouse.
Commissioner Mitchelson pointed out that the Beautification Committee
concurred with the written report provided by Ms. Richards concerning the
operation of a greenhouse and suggested the city plan ahead when purchasing
seasonal plants.
Item 3 E was taken out of sequence and acted upon at this time.
E. Recognize the Mayport Waterfront Partnership as the official
agency representing the Waterfronts Florida Program area;
confirm appointment of Commissioner Meserve as initial Chair;
confirm staff and membership of Mayport Waterfront Partnership
(Commissioner Meserve)
Motion: Recognize the Mayport Waterfront Partnership as the BEAVER X
official agency representing the Waterfronts Florida Program area;MESERVE x X
confirm appointment of Commissioner Meserve as initial Chair; MITCHEL SON X
confirm staff and membership of Mayport Waterfront Partnership.sHAUGHNESSY x X
Commissioner Meserve indicated the name of Sharette Simpkins had
inadvertently been omitted from the membership list given to the Commission
and should be added to the list.
Mayor Shaughnessy commented it was a wonderful partnership with a fine
membership. (Two additional members were appointed under Item 7E).
There being no further discussion, the motion carried unanimously.
D. Discussion and related action in connection with hiring a Labor
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Minutes Page -4- I 0 Y
November 24, 1997 ONE NCOMMISSIONERS N D S 0
Attorney (City Manager)
City Manager Jarboe explained the request as summarized in his memo dated
November 21, 1997, which is attached and made part of this official record as
Attachment B, and asked for Commission direction as to how they wished to
proceed with the labor negotiation process.
Commissioner Meserve asked City Attorney Jensen if he would be interested
in representing the city in the negotiations, and City Attorney Jensen stated he
would be willing to act in that capacity.
BEAVER X X
BORNO X
Motion: Hire City Attorney Jensen as the City's Labor Attorney, MESERVE x X
authorize the City Manager to negotiate a lump sum fee agreement MITCHELSON X
and bring the agreement back to the Commission for approval. SHAUGHNESSY x
Considerable discussion ensued concerning the pros and cons of hiring either
an independent labor attorney or Mr. Jensen.
Commissioner Beaver suggested obtaining proposals from several attorneys to
to compare costs.
Commissioner Mitchelson stated he would like to keep it local with City
Attorney Jensen, however, he concurred with Commissioner Beaver that
outside proposals should be obtained.
Commissioner Meserve stated Mr. Jensen's proposal would have be brought
back before the Commission for approval and he would like to go with Mr.
Jensen, who is local, available and returns calls.
City Manager Jarboe indicated his preference for a lump sum contract and
pointed out the Commission should feel comfortable with the attorney chosen.
Mayor Shaughnessy indicated she had seen negotiations handled in different
ways and prefers hiring an outside attorney.
After further discussion, the question was called and the motion failed by a
one to four vote with Commissioners Beaver, Borno, Mitchelson and Mayor
Shaughnessy voting nay.
Motion: Authorize City Manager to solicit proposals from Labor BEAVER X X
Attorneys and the City Attorney to conduct labor negotiations for BORNO X X
MESERVE X
the city on a lump sum basis and bring back the proposals for MITCHELSON X
Commission approval. SHAUGHNESSY X
There being no further discussion, the motion carried unanimously.
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Minutes Page -5- O N E N
November 24, 1997 COMMISSIONERS N D S 0
E. Recognize the Mayport Waterfront Partnership as the official
agency representing the Waterfronts Florida Program area;
confirm appointment of Commissioner Meserve as initial Chair;
confirm staff and membership of Mayport Waterfront Partnership
(Commissioner Meserve)
This item was acted upon earlier in the meeting.
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvements Projects
progress report (City Manager)
The Consent Agenda item was received and acknowledged as presented.
5. Action on Resolutions:
A. RESOLUTION NO. 97-45
RESOLUTION OF ESTEEM - Joanna Fletcher
(Mayor Shaughnessy)
Item 5A was taken up earlier in the meeting.
6. Action on Ordinances:
None.
7. New Business:
A. Public Hearing and action on an application for a Use by Exception
filed by Russell and Lydia Rhodes to operate a contracting
business with no outside storage on property located at 1079
Atlantic Boulevard, zoned Commercial General (City Manager)
BEAVER X
Motion: Approve Use by Exception filed by Russell and Lydia BORNO x X
Rhodes to operate a contracting business with no outside storage ME SERVE X X
on property located at 1079 Atlantic Boulevard, as recommended MITCHELSON X
by the Community Development Board and Staff. (The Staff Report sHAUGHNESSY X
from Community Development Director George Worley dated
November 19, 1997, is attached and made part of this official record as
Attachment C).
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November 24, 1997 COMMISSIONERS N D S 0
Mayor Shaughnessy opened the public hearing.
Mayor Shaughnessy complimented Community Development Director Worley
for his concise, well-written memo concerning the request.
No one spoke concerning the request and the public hearing was declared
closed.
There was no discussion and the motion carried unanimously.
B. Approve 1997/1998 CDBG contract and authorize the Mayor to
sign the contract document (City Manager)
BEAVER X
Motion: Approve the 1997/1998 CDBG contract and authorize theMRSSEERVE x x
Mayor to sign the contract document. MITCHELSON X X
SHAUGHNESSY X
There was no discussion, the motion carried unanimously.
C. Award contract to Barnette Construction, Inc. In the amount of
$4,843.80 for CDBG housing rehabilitation of 370 Dudley Street
pursuant to the specifications of Bid No. 9798-5 (City Manager)
BEAVER X
Motion: Award contract to Barnette Construction, Inc. in the BORNO X X
amount of$4,843.80 for CDBG housing rehabilitation of 370 Mx x
MISON X
Dudley Street pursuant to the specifications of Bid No. 9798-5. SHAUGHNESSY x
Community Development Director Worley explained that due to budget
constraints during the previous year several items had not been repaired and
this bid would complete the work.
Commissioner Mitchelson inquired as to the status of the property and
Community Development Director Worley stated it was owner occupied.
Scott Barnette, owner of Barnette Construction, asked what happened to the
other home which was included in the bid. Community Development
Director Worley stated that the other home would be reinspected and that part
of the bid would come back at the next Commission Meeting.
There being no further discussion, the motion carried unanimously.
D. Award contract to Hanna Construction in the amount of
$14,900.00 to design/build an animal kennel building pursuant to
the specifications of Bid No. 9697-20 (Rebid) (City Manager)
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Minutes Page -7-
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November 24, 1997 COMMISSIONERS N D S 0
Motion: Award contract to Hanna Construction in the amount BEAVER X X
BORNO
of$14,900.00 to design/build an animal kennel building pursuant ESER x
to the specifications of Bid No. 9697-20. MESERVE x X
p MITCHELSON X
SHAUGHNESSY X
Mayor Shaughnessy explained the rebid process and stated that the original
designed building and bids were significantly higher than the $15,000.00
budgeted for the project.
Steve Kuti of 1132 Linkside Drive stated he was Vice President of the Selva
Linkside Homeowners Association and asked where the new building would
be constructed. He stated that noise coming from the present kennel building
disturbs homeowners living adjacent to the public works complex and
wondered if the same thing would happen with the new building.
City Manager Jarboe explained the design of the new kennel would reduce the
noise level and staff is looking into the use of an electronic device which emits
a noise only dogs can hear as a deterrent to barking. City Manager Jarboe
stated the new facility would definitely be quieter.
There being no further discussion, the motion carried unanimously.
E. Authorize execution of a lease of an office building for Mayport
Waterfronts Partnership (Commissioner Meserve)
Motion: Authorize the City Manager to execute the lease for an BORNO X
office building for Mayport Waterfronts Partnership located at MESERVE X
4738 Ocean Drive.
Commissioner Meserve explained the city would pay a$1.00 per year for a
three year lease on the building located at 4738 Ocean Drive in Mayport.
Commissioner also indicated that some minor language amendments were
needed in the hold harmless clause of the lease agreement.
Commissioner Beaver inquired as to who would pay for the insurance on the
building.
Commissioner Meserve stated the owner of the building would pay for the
insurance. Some discussion ensued concerning increased costs for insurance
once the improvements to the building are made and it becomes occupied.
Commissioner Mitchelson stated there might be a small increase in liability
insurance premiums, which he estimated should not exceed $500.00 per year.
Commissioner Meserve indicated the increased costs could be paid from the
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November 24, 1997 COMMISSIONERS N D S O
grant money.
Amended motion: Authorize the City Manager to execute BEAVER x
the lease for an office building for Mayport Waterfronts BORNO x x
Partnership located at 4738 Ocean Drive and approve increased MESERVE X X
insurance costs up to a maximum of$500.00 to be paid by MITCHELSON X
Mayport Waterfronts Partnership from grant money.
SHAUGHNESSY X
There being no further discussion, the amended motion carried unanimously.
F. Action on request to grant city employees a day off on December
26, 1997 (City Manager) BEAVER X
BOOMotion: Close down City Hall for business on Friday, December MESERVE x x x
26, 1997. MITCHELSON X
SHAUGHNESSY X
City Manager Jarboe explained he would like to close down City Hall for
business on Friday, December 26, 1997, to give the working City Employees
much needed four day holiday break. He further explained skeleton crews
would be on duty during that time.
There was no discussion, the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
A. Announcement- Tree Lighting and Luminaries (City Manager)
Carl Walker, Beautification Coordinator, reported that the sale of luminaries
would take place on Friday, December 5, 1997, after the tree lighting
ceremony in Jack Russell Park and on Saturday, December 6, 1997 from 10:00
a.m. - 2:00 p.m. at Jack Russell Park. It was further reported the kits sell for
$2.00 , and Light Night will be held on Sunday, December 21, 1997.
Recreation Director Timmy Johnson reported that the tree lighting ceremony
would begin at 6:00 p.m. in Jack Russell Park and include Santa, music, and
singing.
B. Letter from Robert Lynch - Town Center Area Parking
Copies of the letter were given to each Commission Member. Mayor
Shaughnessy stated she would like to hold a workshop in the near future to
discuss Mr. Lynch's concerns and other pertinent issues.
C. Beach Avenue Speed Bumps
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Minutes Page -9- I 0 Y
November 24, 1997 ONE N
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Commissioner Beaver reported he had been approached by four citizens who
asked if the speed bumps on Beach Avenue could be cut to allow for bicycle
riding, roller blading, etc.
After considerable discussion concerning the types of cuts that could be made
in the speed bumps, it was the consensus of the Commission to have Staff
review the options and bring back their recommendations.
D. Smoke Detector
Commissioner Borno requested that a smoke detector be given to Loretta
Stevenson at 370 Dudley Avenue.
E. Workshop
Mayor Shaughnessy suggested holding a Workshop Meeting in the near future.
Commissioner Borno requested that it be scheduled after the holidays due to
work constraints. It was the consensus of the Commission to hold the
Workshop after Christmas.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
A. Mayoral appointments - Mayport Waterfront Partnership (Mayor
Shaughnessy)
Mayor Shaughnessy appointed Theo Mitchelson and Don Wolfson to the
Mayport Waterfront Partnership Committee. Mayor Shaughnessy also stated
she had spoken to David Schmidt, a Coastal Engineer with the Army Corps of
Engineers, and he would be willing to attend Mayport Waterfront Partnership
meetings on an as needed basis.
The Commissioners unanimously approved of the appointments.
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Minutes Page -10- I 0 Y
November 24, 1997 ONE N
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There being no further discussion or business to come before the Commission,
the meeting adjourned at 8:28 p.m.
Suzanne Shaughn sy
Mayor/Presiding Officer
/ATTEST:
1 ,MAI J
Maureen King, CMC
City Clerk
ATTACHMENT A
INIIMOOM
NOVEMBER 24, 1997 COMMISSION MEETING
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sculpture location
SUBMITTED BY: Timmy Johnson, Recreation Director
DATE: November 20, 1997
BACKGROUND: The First Night Committee presented the City Commission with a
drawing of a sculpture, because they would like to see the sculpture
placed in a Park. The Commission asked that the First Night
Committee and the Recreation Advisory Board make a
recommendation on the location.
The First Night Committee held a meeting Wednesday, November
19 and recommended placing the sculpture in Howell Park.
The Recreation Advisory Board held a meeting Wednesday,
November 19 and recommended placing the sculpture in Howell
Park (1st choice) and Russell Park (2nd choice).
RECOMMENDATION: Staff recommends placing the sculpture in Howell Park.
ATTACHMENTS: none
REVIEWED BY CITY MANAGER: " i
AGENDA ITEM NO.
R M A
Risk Management Associates, Inc.
November 19, 1997
Mr. George Foster
Human Resource Manager
City of Atlantic Beach
800 Seminole Rd.
Altantic Beach, FL 32233
Re: Proposed Sculpture
Dear Mr. Foster:
With regard to the proposed sculpture,at this time an additional premium would not be
generated. However, in the future, additional premium could be generated by adverse
loss experience as a result of injuries sustained from the sculpture.
The City of Atlantic Beach would need to observe the recommendations proposed by
Robert Kral!, Loss Control Director for Corigis Insurance Company in order to place the
sculpture in the suggested park area.
Should you have any questions or if I can be of futher assistance, please do not hesitate to
call me.
Sincerely,
ire"Shelly Schuh
Account Manager
Commercial Insurance • Bonds • Risk Management Services • Program Design and Administration
598 S:;u.h Fl .,. Si-G. 1-:,-:i) • Ail;irronte Sprniq . Florida 327;)1 • Prone- i;407, 331 4400 • Fc;:-_4.ie (407 331 4800
`•,felf§
COREGIS INSURANCE COMPANY
Public Entity Division
181 West Madison,Suite 2400
Chicago,Illinois 60602
Municipalities: (800)234-2671, FAX:(312)803-2537
Schools. (800)592-4066,FAX:(312)803-2547
Special Districts: (800)234-2671,FAX:(312)849-5367
November 19, 1997 My Diroct line (312)849-5383
Mr. George A. Foster
Human Resource Manager
City of Atlantic Beach
598 S. Northlake Blvd., Suite 1040
Altamonte Springs, FL 32701
Re: Proposed Sculpture
Dear Mr. Foster:
Based upon my review of the assembly plans and diagram you supplied I have the
following observations and recommendations on the proposed sculpture:
1) Signage is needed to state that this is an interactive sculpture and that it is not
to be climbed upon by anyone. Parents should be instructed to monitor their
children while interacting with the sculpture.
2) If this sculpture is to painted or finished in any way it must meet the Consumer
Product Safety Commission (CPSC) standard regulation for lead in paint (7)
(0.006% {600ppm} maximum lead by dry weight. As this sculpture will be placed
in a public park and can be used by children it should meet these minimum
standards.
3) Under CPSC section 8.2 Hardware all fasteners, connectors, and covering
devices should not loosen or be removable without the use of tools. I do not
see how the casters are kept in place with the enclosed diagram. This
construction feature should be further defined by the artist.
4) The ends of the arms and the center post should be capped to minimize this
potential for injury. Although the ends of the tubes are rounded, under CPSC
Standard 9.1 the exposed open ends of all tubing not resting on the ground or
otherwise covered should be covered by caps or plugs that cannot be removed
without the use of tools."
5) While this sculpture is not designed to be climbed upon the potential does
exist for unsupervised children to climb on it. Based upon prior suits under the
attractive nuisance legal standard this sculpture should meet or exceed the
CPSC standard section 12 for equipment that is expected to be climbed upon.
6) Since this is an interactive sculpture with horizontal arms that are so spaced
as to lend themselves to climbing the welds and sleeves should be so
constructed as to meet the potential stress load according to American
Standards of Mechanical Engineers (ASME).
cC2aGIS Iti$VRANCE CARRIERS
Corvis insurance Company Ca#Momltt Insurance Comneny Coruyis Indemnity G<unpany
fieudquarfered in Ch,cego Domiciled in Cealomia Domiciled N,IJii,rurs
1.ic9ntad in fdi states Licensed in stover*slates Surpiu hope eligIt.e Hl.ie,.htnV
Page 2
7) The ground cover depth does appear to meet CPSC standards but, a regular
maintenance schedule should be established to ensure that the concrete base is
covered to a depth of at least 12 inches and that the rest of the ground cover is
properly maintained to the same depth.
The sculpture is an advanced interactive object of art . The concept of bringing this type
of artwork to the general public is laudable. The artist may not have considered the
potential problems that could come with the placement of this sculpture where children
and teenagers could interact with it unsupervised. As an example, currently the
Chicago Police Force has to come out of the Chicago City Hall and stop skate boarders
from using the Pablo Picasso statue for a skate board ramp.
As it is constructed this sculpture will increase the potential for a minor being injured
while playing in a public park by a sculpture that could be regarded in a court of law as
an attractive nuisance not designed to any known standard of public safety.
Sincerely,
.177,,&(
:i
Robert J. Kral!
Loss Control Director
CcOREGI$INSURANCE CARRIERS
Corepis Insurance Compttny Cakfomte!nRofanc Company Cards Th .unity Conrp6n.•
FYemdquefferecl In Cricago DomfcMe in Gatifomi3 Domlc#en!i,.!Minas
LictmseO In 1111 Flatec Lrcenyt,ik setWell bre'$$ SUrp'u I,nOS HM•9:I7FE H•:r-w-!..•r.
ATTACHMENT B
NOVEMBER 24, 1997 COMMISSION MEETING
-__,<.. II— z 4 q 7
-`%„ CITY OF
I
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.
1 800 SEMINOLE ROAD
��, = ATLANTIC BEACH,FLORIDA 32233-5445
, TELEPHONE(904)247-5800
'�' %'
' FAX(904)247-5805
SUNCOM 852-5800
November 21, 1997
To: The Mayor and City Commission
From: \_ ./.‘c;rboe, City Manager
Re: Process for Labor Negotiation
During the past two years of negotiations, we have used an attorney to bargain with the unions
($7000). Before the attorney, staff on a volunteered basis, conducted the negotiations($3600 per
year). A cost comparison should not be made between the two methods because the negotiations
in the last two years were much easier and took much less time than previous negotiations.
Actual cost for an attorney would depend on the time spent. Cost varies from $125 per hour to
more than$200 per hour. Because of the expected work load for the new labor negotiations, I am
estimating that it will take up to a hundred hours for the negotiations ($12,500 to $20,000)
It is my recommendation that we use an outside attorney or the City Attorney(more available)
on a lump sum fee basis.
If you agree to the recommendation and desire to go outside, I would like your authorization to
negotiate a contract with an attorney for your approval. If you want to use the City Attorney, I
would recommend he provide you with a proposal.
.
ATTACHMENT C
-
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NOVEMBER 24, 1997 COMMISSION MEETING
n 27_ 4 q/7
STAFF REPORT
AGENDA ITEM: Use-by-Exception for Contractors office at 1079 Atlantic
Boulevard
SUBMITTED BY: George Worley II, Community Development Director(:{1(7-§-2
DATE: November 19, 1997
BACKGROUND:
The applicant owns the building and desires to operate a contractors office in unit
number 6. No outside storage is proposed and no parking of commercial vehicles is
anticipated. The property is zoned CG, Commercial General which permits by exception
contractors without outside storage.
Outside storage of commercial vehicles has been an issue of concern with the
Community Development Board for some time. Because of their concerns, most
recommendations for the granting of this type of Exception will contain the provision that
outside commercial vehicle parking be very limited or even prohibited, depending upon the
character of the surrounding neighborhood.
An additional issue of concern for the Board is the limiting of Exceptions to specific
people and locations to prevent exceptions from being "inherited" by subsequent tenants or
businesses whose methods or conditions of operation may be substantially different from the
business originally granted the exception.
RECOMMENDATION:
The Community Development Board recommends approval of this request subject to
the Exception being granted to the applicant only, for this location only, and provided that no
overnight parking of commercial vehicles be allowed.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Minutes of the Community Development Board
it3) Staff Report to the Community Developm: :oard
REVIEWED BY CITY MANAGER: 14
AGENDA ITEM NO.
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
MEETING DATE: October 21, 1997
AGENDA ITEM: # 4. a. Application for Variance to enlarge existing
nonconforming residence at 326 Ocean Blvd.
The applicant owns an existing nonconforming house at 326 Ocean Boulevard
and desires to construct an addition onto the north side of the building. The existing
building is at 15.3 feet from the front property line. The building was constructed prior
to the current zoning setback requirements. The proposed addition will not encroach
into any required setback.
Based upon past practice by this Board and upon the fact that the addition will
not encroach any setbacks Staff recommends approval of the requested Variance.
AGENDA ITEM: #4. b. Application for Use-by-Exception to operate a
contractors office at 1079 Atlantic Boulevard.
The applicant owns the building and desires to operate a contractors office in
unit number 6. No outside storage is proposed and no parking of commercial vehicles
is anticipated. The property is zoned CG, Commercial General which permits by
exception contractors without outside storage. Staff recommends approval of this
request subject to the Exception being granted to the applicant only, for this location
only, and that no overnight parking of commercial vehicles be permitted.
AGENDA ITEM: #4. c. Application for Variance to construct an addition onto
an existing nonconforming house at 1030 Beach
Avenue.
The applicants desire to construct an addition onto the front of the existing
nonconforming house. The existing building is nonconforming due to an encroachment
into the south side yard setback. The building is three feet from that property line
where five feet is required by code. The proposed addition onto the front of the
building will not encroach the required front yard setback of 20 feet. Staff recommends
approval of the requested Variance.
NOTICE OF PUBLIC HEARING
CITY OF ATLANTIC BEACH
Notice is hereby given the City Commission of Atlantic Beach, Florida, will hold a PUBLIC
HEARING on Monday, November 24, 1997, at 7:15 PM at City Hall, 800 Seminole Road, for the
purpose of hearing and considering the views of the public concerning the following request for
a Use by Exception:
AN APPLICATION FOR A USE BY EXCEPTION FILED BY
RUSSELL & LYDIA RHODES, TO OPERATE A CONTRACTING
BUSINESS WITH NO OUTSIDE STORAGE ON PROPERTY
LOCATED AT 1079 ATLANTIC BOULEVARD, ZONED CG,
COMMERCIAL GENERAL
All persons interested are notified to be present at said time and place and they shall be heard. If
a person decides to appeal any decision at any meeting or hearing, he will 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 appeal is to be based.
In accordance with the Americans with Disabilities Act, persons needing a special accommodation to
participate in this proceeding should contact Maureen King, City Clerk, at 247-5809, or at City Hall, 800
Seminole Road.
MINUTES OF MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
October 21, 1997
7:00 P.M.
CITY HALL
D , .
,-.:,,,,,. .. •i _ '-J
PRESENT Robert Frohwein Y
Mary Walker
Pat Pillmore
Mark McGowan
AND : Alan Jensen, Esquire
Pat Harris, Recording Secretary
ABSENT : Don Wolfson
Buzzy Grunthal
Sharette Simpkins
George Worley, Director
Vice Chairman Robert Frohwein called the meeting to order and asked for approval
of the special meeting of September 23, 1997 meeting. Mr. Frohwein requested that the
minutes be corrected to replace the word "completed" with "commenced" in the fourth
paragraph of the minutes.
I. Application for Variance filed by Paul and Lori Lucey to construct an addition
to an existing nonconforming residence at property located at 326 Ocean Boulevard.
Mr. Lucey introduced himself and explained that he and his wife desired to build an
addition on the north side of the residence. He stated that the house was constructed prior
to the current zoning setback requirements and the proposed construction will not
encroach into any required setback.
Paul Stenson introduced himself as contractor for the applicants told the board that
a large section of concrete slab would be removed during the proposed construction.
After discussion, Mr. McGowan moved to grant the variance. Ms. Pillmore
seconded the motion and the variance was unanimously granted.
II. Application for Use-by-Exception filed by Russell and Lydia Rhodes to operate
a contractor's office with no outside storage at property located at 1079 Atlantic Boulevard.
Mr. Rhodes introduced himself and explained that he recently purchased the
building and desired to operate his contractors office in unit number 6.
After discussion, Mr. McGowan moved to recommend approval of the use-by-
exception be granted solely to the applicant and that there be no overnight parking or
storage of commercial vehicles. Ms. Pillmore seconded the motion and it passed
unanimously.
III. Application for Variance filed by Robert Hunter to construct an addition to an
existing nonconforming residence at property located at 1030 Beach Avenue.
Mr. Hunter introduced himself to the board and explained that the house was
constructed in 1932 and encroaches the south side yard setback. He stated that he
desired to construct a garage addition on the front of the house which would not encroach
the required front yard setback of 20 feet.
Mrs. Walker expressed her concern with construction on existing nonconforming
structures and the board's authority in approving variances for additional construction.
After discussion, Mr. McGowan moved to grant the variance provided the
construction be commenced within six months. Mrs. Pillmore seconded the motion and the
variance was unanimously granted.
IV. Application for Variance filed by Nicole F. Howard to construct a patio
addition which will encroach the rear setback at property located at 559 East Coast Drive.
Mrs. Howard introduced herself and presented pictures of her rear yard and the
location of two large camphor trees and existing deck. She explained that she desired to
construct an addition onto the rear of the home over an existing slab. She stated that the
construction would encroach four feet into the required twenty foot rear yard setback She
stated that reviewing minutes from prior meetings of the board, a similar variance was
granted July 20, 1993 to accommodate additional family members and she felt that
additional family members may be interpreted to include her unborn child.
The chairman explained to the applicant the definition of"hardship" as it applies to
the zoning code and the explained to her specific guidelines the board has to follow in
hearing variance requests.
After discussion, the applicant offered to amend her application by reducing the
setback by two feet.
Mr. Frohwein brought to the attention of the applicant that an additions overhang
or eave could extend up to 40% into a required setback.
After further discussion regarding alternatives to the proposed construction, the
applicant requested that her application be deferred until the next regularly scheduled
meeting.
DISCUSSION ITEM:
The board briefly discussed the Core City Infrastructure Improvements.
Mrs. Walker requested that a discussion item be placed on the agenda for the next
meeting regarding variance requests for improvements to existing nonconforming
buildings.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED
ATTEST
•
Please Type or Print in Ink
Application Fee 8100.00
APPLICATION FOR "USE BY EXCEPTION" RECEIVED
SEP 2 2 1997
Date Filed: /2 9 7 City of Atlantic Beach
Building and Zoning
Name and Address of Owner
/oor Tenant in Possession of Premises:t•vi
hxdth l� Qd�s-- Phone
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�sl�ia�ck LLr_ZCtEc_4�.L54_. areQ_ Home:_5O /-.. - II l y
Street address and legal description of the premises as to which the "Use
by Exception"/ is requested:/
/Q7y .!If�.1«i�}LL 11iV4• 0.)_J
A description of the "Use by Exception" desired, which shall specifically
and particularly describe the type, character and extent of the proposed
"Use by Exception":
ctic.fLe...t_-Cat 1CQ AA) --Sfo.eAg£ QR. ..vi y7L
_,Ke _v_i_id. .Stg/cel o �L = t# I
Specific reasons why the applicant feels the request should _bye granted:
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Zoning Classification: //tt cld�.(LCd/_r°.5id
Signature of applicant/applicant's Signature of owner of the property
authorized agent or attorney. Ii Application cannot be processed
agent or attorney, include letter without owners signature.
from applicant to that effect.
Applicant: Do not fill-in beyond this point. However, be prepared to
respond to the following items:
•
FIHDINOS OF FACT
1• Ingress and a
1. Ingrown
i■and
gres to property and proposed)
made adequate. Particular reference is YES NO
to automotive and pedestrian safety and
convenience, traffic floe and control and acnes■
in case of catastrophe
2. Off-street parking and loading is adequate. --_
Particular attention is paid to the items in 1.
above and the economic, noise, glare and odor
effect■ of the special exception on adjoining
districts and properties generally in the
3. Locations of refuse and service areas are _--
compatible with surrounding poperties and are
easily accessible.
4. Looations, availability and compatibility of
utilities are adequate.
3. Type, dimensions and character of screening
and buffering are adequate.
•
6. Signs and proposed exterior lighting, with _--
reference to glare and traffic safety, are in
harmony and are compatible with other properties
in the district.
7. Required yards and other open ■pace■ are ---
adequate.
8. The use is generally compatible with adjacent
properties and other property in the distriot.
COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMENDATIONSt
1
ACTIONS BY THE CITY COMMISSION:
I
Robert K. Lynch
711 Ocean Boulevard
Atlantic Beach, Florida 32233-0045
(By mail: Post Office Box 45)
(904) 249-4602
November 20, 1997
To the City Council of Atlantic Beach:
I have been a resident and homeowner in Atlantic Beach for over 44 years. I am writing this
letter because my work schedule prevents me from attending your meeting in person.
First, I would like to voice my disapproval of the "Town Center Project". It is by far the
worst designed and most poorly executed plan I have ever seen. Why is the level of the
street a foot lower that it used to be? Why are the curbs so high and the brickwork so badly
laid?
During the construction work, the "No Angle Parking"signs on Ocean Boulevard were
removed by person or persons unknown. They were replaced by"No Parking"signs. These,
too, have been removed. At this time cars are parking at an angle with their rear ends
extending one, and sometimes two or three, feet into the right-of-way.
I have spoken to the city manager and to police officers on site and have been told that this
situation would be "looked into". So far, nothing has changed. (Today, angle parking spaces
were actually being painted on the street.)
Do we not have a violation of our traffic code? If we do, why hasn't action been taken to
correct it? Parked cars extending into the traffic lanes and pedestrians (some not very sober)
walking in the street pose a significant danger and a liability to citizens which is difficult to
ignore. Accidents are waiting to happen.
As a citizen of Atlantic Beach, I hereby request the following:
1. Return to allowing only parallel parking on Ocean Boulevard from Atlantic Boulevard to
First Street.
2. Restore the sidewalks on the east side of Ocean Boulevard in the same area.
(These sidewalks were removed when the Sea Turtle built its parking lot.
It seems odd that we have constructed a pedestrian mall on Atlantic Boulevard but
access to it is provided via the middle of the street.)
3. Take a much closer look at any future changes on Atlantic Boulevard (or has the City
completely abdicated its responsibility?)
Since ,
Robert K. Lyric'