CM Agenda and Minutes 8-09-93CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION AUGUST 9 1993 715 PM
AGENDA
Call to Order
Invocation and pledge to the flag
1 Approval of the minutes of the regular meeting of July 26
1993 Special Called Meeting of July 28 1993 and Special
Called Meeting of August 2 1993
2 Recognition of Visitors
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS IF DISCUSSION IS DESIRED THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
3 Consent Agenda
A Usage report of Adele Grage Community Center for July
B Approval to invite bids to purchase an articulating boom
mower with tractor Bob Kosoy Public Works Dir
C Authorize purchase of automatic defibrillator under Bid
No 9293 25 from Laerdal Medical at a cost of6197
80 D Approval of a request to draft an ordinance to
amend Section6 35 a and b andSection 6 57 a
of the city code to allow homeowners to take
out electrical and plumbing permits for work on their own
homes Don
Ford
Building Official Ordinances A Final reading and public hearing
of Ordinance No 95 93 59 to provide a
procedure for obtaining a variance from the provisions of Chapters 1 23
of the city code B Final reading and public
hearing of Ordinance No 28 93 3 to submit a
proposed new City Charter to the electors of Atlantic
Beach for adoption or rejection at the
municipal election on October 5 1993 C Introduction and
first reading of Ordinance No 90 93 161 to rezone six lots
on the north
side of Cornell Lane from RS 2 to RG
3 D Introduction and first reading of
Ordinance No 33 93 6 authorizing a non binding question regarding
the creation of Ocean County
be placed on theballot for
the municipal election on October 5 1993 City Manager Reports
and
or
correspondenceMayortocallonCityCommissionersCityAttorneyandCityClerkAdjournment
CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION AUGUST 9 1993 715 PM
AGENDA
Call to Order
Invocation and pledge to the flag
Approval of the minutes of the regular meeting of July 2b
1993 Special Called Meeting of July 28 1993 and Special
Called Meeting of August 2 1993
Recognition of Visitors
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS IF DISCUSSION IS DESIRED THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS
3 Consent Agenda
A Usage report of Adele Grage Community Center for July
B Approval to invite bids to purchase an articulating boom
mower with tractor Bob Kosoy Public Works Dir
C Authorize purchase of automatic defibrillator under Bid
No 9293 25 from Laerdal Medical at a cost ofb197
80 D Approval of a request to draft an ordinance to
amend Section6 35 a and b andSection 6 57 a
of the city code to allow homeowners to take
out electrical and plumbing permits or work on their own
homes Don
Ford Building
Official 4 Ordinances A Final reading and public hearing
of Ordinance No 95 93 59 to provide a
procedure for obtaining a variance from the provisions of Chapters 1 23
of the city code B Final reading and public
hearing of Ordinance No 28 93 3 to submit a
proposed new City Charter to the electors of Atlantic
Beach for adoption or rejection at the
municipal election on October 5 1993 C Introduction and
first reading of Ordinance No 90 93 161 to rezone six lots
on the north
side of Cornell Lane from RS 2 to RG
3 D Introduction and first reading
of Ordinance No 33 93 6 authorizing anon binding question regarding
the creation o Ocean County
be placed on theballot for
the municipal election on October 5 1993 City Manager Reports and
or
correspondence
6MayortocallonCityCommissionersCityAttorneyandCityClerkAdiournment
MINUTESOFTHEREGULARMEETINGOFATLANTICBEACHCLTYCOMMISSIONHELDINCITYHALL800SEMINOLEROADAT715PMONMONDAYAUGUST91993PRESENTGlennAEdwardsMayorProTemLymanTFletcherAdelaideRTuckerandJDezmondWatersIIICommissionersANDKimDLeinbachCityManagerAlanCJensenCityAttorneyMaureenKingCityClerkABSENTWilliamIGullifordJrMayorThemeetingwascalledtoorderbyMayorProTemGlennEdwardsTheinvocationofferedbyCommissionerFletcherwasfollowedbythepledgetotheflag1ApprovaloftheminutesoftheregularmeetingofJuly261993MotionApproveminutesoftheregularmeetingofJuly261993NodiscussionbeforethevoteThemotioncarriedunanimouslyApprovaloftheminutesoftheSpecialCalledMeetingofJuly281993MotionApproveminutesofthespecialcalledmeetingofJuly281993NodiscussionbeforethevoteThemotioncarriedunanimouslyApprovaloftheminutesoftheSpecialCalledMeetingofAugust21993MotionApproveminutesofthespecialcalledmeetingofAugust21993NodiscussionbeforethevoteThemotioncarriedunainously2RecoanitionofVisitorsLouisMcDonaldrequestedthatItem4CfirstreadingofOrdinanceNo9063161torezonesixlotsonthenorthsideofCornellLanefromRS2toRG3bewithdrawnfromtheagendaandactiontakenatthenextmeetingofAugust231993MayorProTemGlennEdwardsagreedtopostponeactiononOrdinanceNo9063161untilAugust231993WilliamKirkpatrick95SaratogaCircleSouthVillasMEOFCOMMRSMOTIONSECONDVOTEDYESVOTEDNOEdwardsxFletcherxTuckerxxWatersxxEdwardsxFletcherxxTuckerxxWatersxEdwardsxFletcherxxTuckerxxWatersx
Page2Auust91993presentedapetitionfrompropertyownersinAtlanticVillasSaratogaCircleindicatingtheirobjectiontoanyrezoningortheconstructionofanyHUDhousingfromNorthCornellLaneMayportRoadWesttoAquaticDriveEastandtoAtlanticBoulevardSouthPetitionattachedherewithandmadeapartheretoTheCommissionacceptedthepetitionandexplainedthepublichearingrelativetothismatterOrdinanceNo9093161wouldbeheldSeptember2719933ConsentAgendaAUsagereportofAdeleGraqeCommunityCenterforJulyBApprovaltoinvitebidstopurchaseanarticulatingboommowerwithtractorCAuthorizepurchaseofautomaticdefibrillatorunderBidNo929325fromLaerdalMedicalatacostof619780DApprovalofarequesttodraftanordinancetoamendSection635aandbandSection657aofthecitycodetoallowhomeownerstotakeoutelectricalandplumbingpermitsforworkontheirownhomesCommissionerWatersrequestedItemsAandCbewithdrawnfromtheConsentAgendaMotionApprovepassageofConsentAgendaitemsBandDNodiscussionbeforethevoteThemotioncarriedunanimouslyCAuthorizepurchaseofautomaticdefibrillatorunderBidNo929325fromLaerdalMedicalatacostof619780CommissionerWatersaskedFireChiefRonWilliamstoexplainwhythebidwasawardedtoLaerdalMedicalwhenLaerdaldidnotappearonthebidmailinglistChiefWilliamsexplainedAdvancedMedicalPharmaceuticalSuppliersOrmondBeachwasthesupplierofLaerdalMedicalandthatthetwocompanieswereactuallyoneinthesameMotionApprovepassageofConsentAgendaItemCNAMEOFCOMMRSMSVYVNIEdwardsxFletcherxxTuckerxWatOrF7iEdwardsxFletcherrxTuckerxWaters
Page3August91993ThequestionwascalledandthemotioncarriedunanimouslyCommissionerY7atersexplainedhemistakenlyaskedthatItemAberemovedfromtheConsentAgendawhenheactuallywishedtodiscussItemBItwasdecidedtoreconsiderthevoteonItemBandtodiscussthematterMotionReconsidervoteonConsentAgendaItemBBApprovaltoinvitebidstopurchaseanarticulatingboommowerwithtractorCommissionerWatersfeltthearticulatingboommowerwithtractorwouldnotbeabletomowbanksofditchesspecificallybetweenPlazaandCavallaRoadHefelttheCitycontinuedtobuyequipmentthatwouldnotdothejobfortheentireCityandthatworkstillwouldhavetobedonebyhandBobKosoyPublicWorksDirectorexplainedtheequipmentwouldeliminatealotofmanuallaborandthatitwouldclean0to90othecitysditchesCommissionerFletcherquestionedwhethergastaxmoneycouldbelegitimatelyusedtopurchasetheequipmentAlanJensenCityAttorneyrespondedsincetheequipmentwouldbeutilizedtomaintainstreetsandhighwaysandroadsidemowinggastaxmoneycouldbeusedCommissionerWatersfelttrainingofemployeestousetheequipmentshouldbeincludedinthebidandMrKosoyagreedthiscouldbeincludedinspecificationswhenbiddingKimLeinbachCityManagerfeltspecificationsshouldalsoincludeserviceatanearbylocationwithinareasonableamountoftimeMotionApprovepassageofConsentAgendaItemsAandBNodiscussionbeforethevoteThemotioncarriedunanimously4OrdinancesAOrdinance959359PublicHearingNAMEOFCOMMRSMSvYvNEdwardsrFletcherxxTuckerxWatersxxEdwardsxFletcherxTuckerxWatersrx
Page 4
August 9 1993
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH FLORIDA
AMENDING CHAPTER 1 GENERAL PROVISIONS BY ADDING NEW
SECTION 1 12 TO PROVIDE A PROCEDURE FOR OBTAINING
A CODE VARIANCE AND PROVIDING AN EFFECTIVE
DATE Mayor Pro Tem Edwards presented in full in
writing Ordinance 95 93 59 said ordinance
having been posted in accordance with Charter requirements
He opened the floor for a public hearing and
invited comments
from the audience George James indicated his wife
owned On the Boulevard and constantly
experienced problems with dumping of trash debris and loud noise
in front of her establishment The problem Mr
James felt was attributed to the constant granting of
variances by the city He felt the City should adhere to
its
Code and laws Since no one wished to speak further the
Mayor Pro Tem aosed
the Public Hearing David Thompson Police Chief felt the
passing of the ordinance would make enforcementof the
city s laws difficult or impossible and would broaden
the scope of responsibility of the
Community Development Board beyond the intent of the
ordinance
establishing the board George Worley City Planner felt
the ordinance took authority from the Commission and gave
it to the
Community Development Board Commissioner Waters asked George Worley
to come up with a proposed ordinance that
speaks specifically to dimensional qualities only such as
number of seats and
distances between establishments Commissioner Fletcher indicated he was
opposed to the ordinance in its entirety Hefelt the
city s laws should be respected and that specific
laws could be modified
through formal channels Motion Defeat Ordinance
No 95
93 59
on final reading
NAME
OF
COMMRS
M
S
V Y
V N
I Edwards
x Fletcher x
Tuckerxatersx
Page 5
August 9 1993
The question was called and the motion was unanimously
approved
B Ordinance 28 93 3 Final
Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
FLORIDA SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH A
NEW CHARTER WHICH AMENDS AND REPEALS ALL FORMER
CHARTER PROVISIONS PLACING THE NEW CHARTER BEFORE A VOTE
OF THE ELECTORS OF ATLANTIC BEACH AT THE NEXT
MUNICIPAL ELECTION PROVIDING FOR THE CONTINUANCE OF THE FORM
OF GOVERNMENT CITY COMMISSION CITY MANAGER CITY
CLERK CITY ATTORNEY DEPARTMENT OF PUBLIC SAFETY
BUDGET DEPARTMENT OF FINANCE ELECTIONS FRANCHISES
TAX ADMINISTRATION ZONING MUNICIPAL BORROWING
SUITS AGAINST THE CITY AND GENERAL AND
MISCELLANEOUS PROVISIONS PROVIDING THE FORM OF BALLOT AND
PROVIDING AN EFFECTIVE
DATE Mayor Pro Tem Edwards presented in full in
writing dinance 28 93 3 said ordinance
having been posted accordance with Charter requirements
He opened the floor for a public hearing and
invited comments
from the audience William Ryszykow 535 Royal Palm
Drive felt the position of Deputy City Manager should
not be included in the Charter as he felt once the
position was added to the Charter it would always be part
of the city government It was explained although
the position of Deputy City Manager was included in
the Charter this would only be an option that would be
available in the future should the Commission wish
to provide funding Since no one wished to speak further
the Mayor Pro Tem
closed the public hearing Motion Defer
action on Ordinance 28 93 3 until the
meeting of August 23 1993 when
the full Commission would be present Commissioner Fletcher
felt it would be beneficial to peruse the
proposed Charter Further make changes and use the meeting of
August 23
1993 for final
action
NAME
OF
COMMRS
M
S
V
Y
V N
i Edwards
I
FletcherxTuckerxwaters
Page 6
August 9 1993
Amended Motion Reopen public hearing to
allow the Commission to peruse the Charter
further and make suggestions or changes by
vote with the changes being incorporated
into a revised edition of the proposed
charter with the final vote to be taken at
the meeting of August 23 1993 following
the continued public hearing
The question was called on the amended motion and the
vote resulted 3 1 with Commissioner Edwards voting
nay Commissioner Tucker announced Ray Salman was in
the hospital and thus the changes that were made would
not have his
input With reference to Article I Commission Fletcher
asked why powers of the city were not enumerated to which
it was explained powers of the city commission were
listed under Sec 9
Powers With reference to Article 2 Sec 14 Induction of
city commission into office meetings of city
commission Commissioner Fletcher indicated his desire
to incorporate language contained in the existing
city charter which provided that after each general
election the newly elected city commissioners shall assume
the duties of office at meeting of the city commission
held at8 00 p m the first Tuesday in
November Commissioner Fletcher suggested maintaining
the existing language and holding a special meeting
for the induction of new city commissioners rather
than having the induction at a regular
meeting Motion With reference to Article 2
Sec 14 Induction of city commission into
office meetings of city commission change
first sentence to read as follows After
each general election the newly elected
city commissioners shall assume the duties
of office at a meeting of the city
commission held at8 00 p m the first Tuesday
in
November Following discussion the question was called and
the vote resulted in 2 2 with Commissioners
Edwards and Waters voting nay The
motion failed
NAME OF COMMRS
M
S
V
Y
V N
Edwards x Fletcher
x x
Tucker x Waters
a
x
Edwards
i x Fletcher
x x Tucker
x
x
Waters
Ix
Page 7
August 9 1993
Commissioner Waters referred to Section 9 Powers and
suggested language should be included to allow the
Commission to deal with issues that speak to equity
rectification or hardship Commissioner Fletcher felt
the commission should not have the power to vary from
an ordinance without amending that particular
ordinance There was no decision at this time
Commissioner Fletcher expressed concern regarding
language relative to the removal of the City Manager
and the City Clerk He questioned why language
contained in the existing charter setting forth a
procedure for due process was left out Alan Jensen
replied the procedure for due process would be set
forth in resolution form which would be approved by the
commission Commissioner Fletcher felt some protection
for the offices of City Clerk and City Manager should
be contained in the Charter He indicated the
Commission in the future could elect not to have a
contract for one of the positions
ith reference to Article VI Department of Public
Safety Sec 33 it was suggested that the chapter
of the city code indicating appointments and
responsibilities should be included
With reference to Section 40 Elections Primary it
was discovered there could be a lapse of two weeks
without officers and it was suggested the installation
of new commissioners should be held the first Tuesday
in November Commissioner Fletcher referred to Section
14 of the existing Charter and it was decided to
incorporate the language in the first sentence into
Section 14 of the proposed Charter so that it would
conform with Section 40 Elections
Motion Change language contained in Sec 14
of the proposed Charter Induction of city
commission into office meetings of the city
commission to read as follows After each
general election the newly elected city
commissioners shall assume the duties of
office at a meeting of the city commission
held at 800 p m the first Tuesday in
November This is the language contained
in existing charter Sec 14 Induction of
city commission into office meetings of the
city commission
NAME OF
COMMRS M S
V
Y
V
N
i
I
I
Edwards
i
x
Fletcher x x
Tucker x
i
Waters x
I
i
Page 8
Auqust 9 1993
The question was called and the vote resulted in 3
1 with Commissioner Edwards voting nay The
motion
carried With reference to Sec 62 Removal of officers
and employees it was felt the intent of the language
was not clear and it was agreed to clarify the language
so that the chain of command would be more
clearly defined The commission indicated their desire
to clearly define that the authority to remove an
employee was the responsibility of the city
manager With reference to Sec 66 Personal interest
which speaks to conflict of interest in the sale of land
it was discussed whether to amend this to
include spouses of employees Kim Leinbach referred to
federal grants and he felt this matter should be researched
by himself and George Worley to insure the wording was
in proper order to be eligible for federal and
state grants and funds Alan Jensen explained the issue
to e considered was whether an employee received
a ersonal financial gain Alan Jensen was asked
to examine the State Statute and to give his opinion if
it would be proper to include spouses of
employees With reference to Sec 70 Publishing a
discussion ensued relative to reinserting this section that
had previously been deleted Alan Jensen advised
this matter was covered by state statute After
discussion it was decided to remove Sec 70 Publishing
because it was not mentioned elsewhere in the
Charter C Ordinance 90 93 161 First Reading
this was withdrawn from
the agenda D Ordinance 33 93
6 First Reading Mayor Pro Tem Edwards presented in
full in
writing ordinance 33 93 6 AN ORDINANCE OF THE
CITY OF ATLANTIC BEACH FLORIDA PLACING ON THE BALLOT AT
THE NEXT GENERAL ELECTION A NON BINDING
STRAW BALLOT REGARDING THE CREATION OF OCEAN COUNTY
PROVIDING THE FORM OF
BALLOT AND
PROVIDING AN EFFECTIVE
DATE
NAME
OF
COMMRS
MSVYVN
Page9August91993MotionApprovepassageofOrdinance33936onitsfirstreadingandsetpublichearingforAugust231993NodiscussionbeforethevoteThemotioncarriedunanimously5CityManagerReportsandorCorrespondenceGeorgeWorleyaskedtheCommissiontoauthorizeenteringintoanagreementwithGerardVermeyintheamountof1SOOtobuildrestroomsinJordonParkMrWorleyexplainedthiswaspartofCommunityDevelopmentBlockGrantCDBGfundsMotionAuthorizeenteringintocontractwithArchitectGerardVermeyintheamountof1500toproceedwithadesigntobuildrestroomsinJordonParksubjecttoreviewofCityAttorneythequestionwascalledandthemotioncarriedunanimouslyCommissionerFletcheraskedMrWorleytoprovideascheduleofexpendituresofCDBGfundsHarryMcNallyUtilityPlantDivisionDirectoraskedtheCommissiontoauthorizetheexpenditureofapproximately30000torepairadeteriorated6forcemainintheBuccaneerDivisionthatranunderacreekonAlAandwaspartoftheOakHarborsystemItwasindicatedfundswouldbederivedfromrestrictedfundsMotionApprovegoingouttobidtohave6sewerpiperepairedintheBuccaneerDivisionandtouserestrictedfundstopayfortherepairsThequestionwascalledandthevoteresultedinallayesFireChiefRonWilliamsaskedpermissiontopurchasefirefighterof721017Heindicatedmoneybudgetandthegearwouldbepure7acksonvillecontractbidwhichoutfittheCommissionforgearintheamountwassetasideinthezasedonthecityofwouldsave100perNAMEOFCOMMRSMsVYVNEdwardsxFletcherxTuckerxxWatersxxEdwardsxFletcherxxTuckerxWatersxEdwardsFletcherTuckerxxWatersx
Page10August91993MotionAuthorizetheexpenditureof721017forthepurchaseoffirefightergearThequestionwascalledandthevoteresultedinallayesPoliceChiefDavidThompsonreportedsometimeagoahouselocatedat1598FrancesAvenuehadbeenconfiscatedbecausedrugsweresoldthereHeindicatedanarrangementwasmadetosellthepropertytotheCommunityDevelopmentCorporationCDCfor3000HereportedtheCDCcouldmovetwoorthreehomesthatthecityhadalreadygiventotheCorporationontothepropertyCommissionerWatersindicatedhisdesiretosetmillagerateataregularlyscheduledMondaymeetingTherebeingnoat915pmMayorPresidingNAMEOFCOMMRSMSVYVNEdwardsxFletcherxxTuckerxWatersxxItwasannouncedbudgetbudgetmeetingswouldbeheldaugust10thandAugust24th1993
PETITIONAGAINSTREZONINGANDORCONSTRUCTIONOFANYHUDHOUSINGSINGLEDWELLINGPATYOORMULTIPLEAPARTMENTHOUSINGA3DESCRIBEDINAPPLICATIONFORREZONINGBYLOUISBMACDONELLOFAPRIL301993ORBYANYOTHERPERSONORPERSONSThepropertyownersinAtlanticVillasSaratogaCircleAtlanticBeachFloridadoherebystronglyobjecttoanyrezoningortheconstructionofanyHUDhousingfromNorthCornellLaneMayportRoadWesttoAquaticDriveEastandtoAtlanticBoulevardSouthAspropertyownerswearealreadysubjectedtoahighnoisecrimeandtrafficareafromexistinglowincomehousingintheaforementionedareaWehavearightastaxpayersandparticularlyresidentsofAtlanticBeachwhoowntheirownhomesnottobesubjectedtoanymoreoftheundesirableelementsthatalreadyexistinthisareaofAtlanticBeachYourconcernshouldnotbewithadeveloperwhoisheretodayandgonetomorrowthenleavesamessforyourpoliceofficerstocontendwithandaneyesoreforeveryonetoseecomingintoandoutofAtlanticBeachWethehomeownersofSaratogaCirclealreadyhaveourshareinourbackyardsPleaseallowanotherareaofourfinecitytoshareThankyou
BYMYSIGNATUREAPPEARINGBELOWIcertifythatIamaproperty14567s12131415owneronSaratogaCircleAtlanticBeachFloridaandstronglysupportthispetitionPRINTNAMEADDRESSDATEQ33g239Jrtelzvyy5enX10JsitltSSG1h5GclIifab61iJnibJOLrni7lol2teaoe
FBYMYSIGNATUREAPPEARINGBELOWIcertifythatIamapropertyowneronSaratogaCircleAtlanticBeachFloridaandstronglysupportthispetitionPRINTNAMEADDRESSSIGNATUREDATE123457C910fdlgsVd9aQ5S227Z11zeovIs1ffAAocr7tomJ12131415