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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