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11-28-94 v ATLANTIC BEACH CITY COMMISSION NOVEMBER 28, 1994 AGENDA Call to Order Invocation and pledge to the flag 1 . Approval of the minutes of the Regular meeting of November 14, 1994 2. Recognition of Visitors 3. Unfinished Business: a. Approval of contracts for use of city facilities (Kim Leinbach) 4. Action of Resolutions: a. Adoption of Resolution No. 94-49 identifying needed water, sewer, and storm water projects for the repair, expansion and replacement of the city' s existing system ( Jim Jarboe/Bob Kosoy) * b. Adoption of Resolution No. 94-51 expressing appreciation to Henry Cook, Clerk of the County Court, for opening a satellite office in Atlantic Beach (Comm. Weiss) 5. Action of Ordinances: a. Public hearing and final adoption of Ordinance No. 80-94- 53 defining and providing regulations for failed on-site sewage disposal systems b. Introduction and first reading of Ordinance No. 10-94-19 amending Section 3-11 of the Code of Ordinances to amend the regulations for consumption of beer and wine on public property c. Introduction and first reading of Ordinance No. 80-94-54 to prohibit the start of water service for rental properties unless property is in compliance with all city codes and any liens due the city are paid d. Introduction and first reading of Ordinance No. 25-94-16 requiring the issuance of a Certificate of Occupancy for rental property 6. New Business: a. Award bid for solid waste collection, as specified in Bid No. 9495-1 (Bob Kosoy) 7. City Manager Reports and/or Correspondence: a. Report and/or action on FY 1994/95 Community Development Block Grant contract * AMENDED to correct Resolution Number Page 2 AGENDA November 28, 1994 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: a. City Attorney to report relative to request for donation to the Beaches Historic Society to offset the cost of constructing a structure to protect the recently restored train engine 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 who wishes to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. Forms are available at the entrance to the Commission Chambers for your convenience. MINUTES OF THE REGULAR MEETING OF ATIANi'IC BEACH CITY COMMISSION V V DUD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 P. M. ON 147rIDAY, 0 0 JDVII4BER 28, 1994 T T E E PRESENT: Lyman T. Fletcher, Mayor D D Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss, Jr. , Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 ABSENT: Steve Rosenbloom (Excused) The meeting was called to order by Mayor Fletcher. The invocation • was followed by the pledge to the flag. Mayor Fletcher announced there would be a tree lighting ceremony at Russell Park, Tuesday, December 6, 1994, and a Christmas program at Donner park, Thursday, December 8, 1994. 1. Approval of the minutes of the regular meeting of November 14, 1994 SHAUGHNESSY X X WATERS X Motion: Approve minutes of the regular meeting of W E I S S X X November 14, 1994 FLETCHER X No discussion before the vote. The motion carried unanimously. 2. Recognition of Visitors; Jahn Rosenzweig, 2651 Tide Lane, addressed the Commission regarding the city's .billing procedure and he presented a suggested amendment to the City's Code (suggested amendment attached hereto and made a part hereof) . Kim Leinbach, City Manager, was asked to review the matter and report to the Commission with recommendations. Carson M. Baillee, 1923 Beach Avenue, invited everyone to attend the performance of the children's play, The Pale Pink Dragon, to be held at the Atlantic Beach Experimental Theater. John Meserve, 2126 Beach Avenue, reported Fleet landing bonds had closed in October and construction would begin soon. He thanked the city for its assistance. He indicated the Jacksonville Transportation Authority would meet regarding the Wonderwood Expressway on December 8, 1994, at 2:00 p. m. , and he suggested that representatives from the beach attend the meeting. 3. Unfinished Business: a. Approval of contracts for use of city facilities .im Leinbach, City Manager, reported the agreements between the City .nd the Atlantic Beach Experimental Theatre, Atlantic Beach Athletic Page 2 - Minutes November 28, 1994 V V NAME OF ;sociation, Y. M. C. A. , and Habitat of Humanity had been COMMRS. MSYN ....auidcu thzed, as requested. •.HAUGHNESSY X Motion: Approve agreement between the City and Atlantic Beach 'ATERS X Experimental Theatre, Inc. 'EISS :LETCHER Under discussion, it was decided when ABET was not using the Community Center for plays and events, that the building should be available for the use of other groups. It was felt that all the facilities under discussion should also be available to other groups, and thus it was suggested that all the contracts under discussion should include a non-exclusive clause. . HAUGHNESSY X PATERS X X Amended Motion: Amend all contracts to indicate that the 'EISS X X renter adknowledges contract is nonexclusive :LETCHER X William I. Gulliford noted ABET had requested a provision be included in the contract recognizing that approximately $10,000 of improvements had been contributed to the Community Center by ABET. He suggested that a special provision be added to the contract which specified that as each year progressed over five years that ABET would be reimbursed 20 percent a year, only if the city did not renew the contract. At the end of five years, however, nothing would be returned. He suggested that the matter could be discussed in the future. ie question was called on the amended motion, and the motion carried unanimously. •HAUGHNESSY X ATERS X X Motion: Approve contract, as amended, with Atlantic Beach EISS X X Experimental Theatre, Inc., for use of city facilities 'LETCHER X No discussion before the vote. The motion carried unanimously. •HAUGHNESSY X Motion: Approve contract between the City and the Atlantic ATERS X X Beach Athletic Association of Atlantic Beach, Florida EISS X X 'LETCHER X No discussion before the vote. The motion carried unanimously. Motion: Approve contract between •the City ani the YM •HAUGHNESSY X of Florida's First Coast of Jacksonville, Florida ETERS X X EISS X X No discussion before the vote. The motion carried unanimously. LETCHER X Notion: Approve contract between the City and Habitat for •HAUGHNESSY X Hun n;ty of the Jacksonville Beaches, Inc. of Atlantic Beach, =RS X X EISS X X Florida LETCHER X No discussion before the vote. The motion carried unanimously. Action on Resolutions: Resolution No. 94-49 - A RESOLUTION OF THE CITY OF =ANTIC BEACH, FIDRIDA IDENTIFYING NEEDED roam, SERER AND STORM WATER Page 5 - Minutes November 28, 1994 V V NAME OF COMMRS. MSYN DUE THE QTY ARE PAID, AND PROVIDING AN EFFECTIVE DATE. SHAUGHNESSY X WATERS Notion: Approve passage of ordinance No. 80-94-54 on first W EIS S reading and set public hearing for January 9, 1995 FLETCHER X It was explained two ordinances had been placed on the agenda, ordinance No. 10-94-19 and ordinance No. 25-94-16. Ordinance No. 10-94-19 required that a Certificate of Occupancy be obtained frau the city for rental of property to a new tenant, and ordinance No. 25-94-16 prohibited the start of water service for rental property unless the rental property was in compliance with all city codes and all liens paid. Mayor Fletcher asked Edward Martin, Chairman of the Code Enforcement Board, to briefly explain the intent of the proposed ordinances. Mr. Martin explained the objective was to assist the Code Enforcement Board in enforcing the codes of the city particularly with reference to absentee owners who constantly rented property which deteriorated over time. He added the city presently had thousands of dollars in liens on property, that the city was unable to collect unless the property was sold. Commissioner Shaughnessy indicated she had concerns that implementation of the ordinances had not been coordinated with the Code Enforcement Department and she felt it was important to investigate whether implementation would substantially increase the )rkload of staff. It was suggested that the time element between _irst and second readings of the ordinance be prolonged so staff would be able to study the impact of the proposed ordinance. It was suggested that second reading of the ordinance be postponed until January 9, 1995. It was suggested that the ordinance contain a definition of rental property so that there would be no confusion. Commissioner Weiss felt because both ordinances required property to be in compliance with all city codes, and an undue burden was placed on rental properties as contrasted with other uninspected residences in the same physical condition. He felt the ordinances would also penalize someone who would like to move into a rental property. Also, a great deal of pressure would be put on the owner of property to be responsible for any amount of money his tenant did not pay. He cited various problems that could occur with reference to the • billing of water, as well as inspections that would have to be done on the properties, and he felt the city could perhaps find a better way to bill residents. He indicated that a problem could occur when two units shared a water meter. With reference to the Certificate of Occupancy referred to in ordinance No. 25-94-16, he felt since this was not mentioned in the Code of the City, that it might constitute a problem. Also, it was indicated that a Certificate of Occupancy was not required when a property changed hands through a sale. He suggested that both ordinances be postponed indefinitely. SHAUGHNESSY X WATERS X X Motion: Postpone indefinitely action on ordinance No. 80-94-54 WEI SS X X FLETCHER X No discussion before the vote which resulted in 3-1 with Mayor Fletcher voting nay. The motion carried. Page 6 - Minutes November 28, 1994 V V NAME OF COMMRS. MSYN Alan Jensen explained Certificate of Occupancy was identified in the Southern Standard Building Code which was adopted by the city's code. It was explained Certificate of Occupancies were issued on new construction. Commissioner Weiss indicated he would like to assist Code Enforcement in the future. Mayor Fletcher asked Commissioner Weiss to meet with Edward Martin with the purpose in mind of drafting new ordinances. Commissioner Waters felt many landlords who resided in the city were successful in maintaining their property. He suggested since it was the intent to deal with absentee landlords, perhaps a clause indicating this intent could be placed in the proposed language. d. Ordinance No. 25-94-16 - First Reading Mayor Fletcher presented in full, in writing ordinance no. 25-94-16. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES BY ADDING ANEW SECTION REQUIRING A CERTIFICATE OF OCCUPANCY FOR RENTAL OF PROPERTY TO ANEW ANT, REQUIRING THAT SUCH CERTIFICATE SHALL NOT BE ISSUED UNLESS THE RENTAL PROPERTY IS IN COMPLIANCE WITH ALL CITY CODES AND ANY LIENS DUE THE CITY ARE PAID, AND PROVIDING AN EFFECTIVE DAZE. SHAUGHNESSY X X Notion: Approve passage of ordinance No. 25-94-16 on first WEISRS X X reading and set public hearing for January 9, 1995 FLETCHER X X Commissioner Waters felt this ordinance fell under the same consideration as ordinance No. 80-94-54, and that more time was needed to consider the ramifications of the ordinance. SHAUGHNESSY X Notion: Postpone indefinitely action on ordinance No. 25-94-16 WATERS X X WEISS X X The question was called to postpone indefinitely action on ordinance FLE TCHE R X No. 25-94-16 and the vote resulted in 2-2 with Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion failed for lack of majority vote. The question was called to approve passage of ordinance No. 25-94-16 on first reading and set public hearing for January 9, 1995 and the vote resulted in 2-2 with Commissioner Shaughnessy and Mayor Fletcher voting nay. The motion failed for lack of majority vote. 6. New Business: a. Award bid for solid waste collection, as specified in Bid No. 9495-1 Kim Leinbach, City Manager, explained staff went through a process of prequalifying bidders. City staff recommended awarding the bid :o the lowest prequalified bidder, Jacksonville Waste Control, for the term of six years. It was further recommended that city equipment be sold for the appraised price of $225,420.00, this sum to be submitted to the city prior to commencing work. 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MSYN Richardson property to be purchased for possible parkland. He indicated he would like the matter to be placed on the next agenda. Under discussion, it was decided to approve $700 to procure an appraisal. SHAUGHNESSY X Notion: Authorize up to $700.00 for appraisal of Richardson NATE RS X X ply jVEISS X X FLETCHER X No discussion before the vote. The motion carried unanimously. Mayor Fletcher advised everyone there would be a planning workshop Monday, December 5, 1994, at 4:30 p. m. at which time the water and sewer projects would be discussed. It was announced the Beautification Committee would have a lighting of luminaries Sunday, December 18, 1994, and Christmas Eve, December 24, 1994. To encourage citizens to participate the Beautification Committee would sell candle kits at the pavilion in Jack Russell Park on Saturday, December 10, 1994, at 10:00 a. m. There being no further business the mayor adjourned the meeting at 8:30 p. m. 440000 Alt" de4„ L;.or T. Fletcher Mayor/Presiding Officer ATTES T: MauieenKing P 5 City Clerk azZtti/ 1/1-;;41 As originally written: Sec. 22-174 . Delinquent Bills . "If any bill for monthly sewer, water or garbage service shall remain unpaid on and after the fifteenth day from the billing date, dated on the bill, a penalty of 10% of the amount due shall be imposed and added to the bill . If the bill remains unpaid for a period of five (5) additional days, then all services shall be discontinued. . . " Recommended changes to Section 22-174 : Sec. 22-174 . Delinquent Bills. "If any bill for monthly sewer, water or garbage service is received in person, or postmarked more than fifteen days from the billing date, dated on the bill, a penalty of 10% of the amount due shall be imposed and added to the bill . If payment is not received in person, or is postmarked more than five (5) additional days then all services shall be discontinued. . . "