12-14-92 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, DECEMBER 14, 1992, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of November 23, 1992
and Special Called Meeting of December 2, 1992
2. Recognition of Visitors:
3. Appearances:
A. Recognition of Continental Cablevision of Jacksonville
(Ann Murphy, Public Relations Manager)
4. Old Business:
A. Appointments to Code Enforcement Board, Community Development
Board and Pension Board of Trustees
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.
5. Consent Agenda:
A. Report on Plaza Road
B. Report on usage of Adele Grage Community Center for November
6. Resolution:
A. Resolution #92-38 relative to Budget Adjustment BA-6 for the
transfer of funds for the 1st phase of the Town Center project
B. Resolution #92-39 relative to Budget Adjustment BA-7 for funding
for watermain replacement
7. Ordinances:
A. Final reading and public hearing of Ordinance #95-92-53 relative
to tree protection, permits, inspections etc.
B. Introduction and first reading of Ordinance #75-92-10 relative to
parking trailers, motors homes etc. in residential districts
C. Introduction and first reading of Ordinance #55-92-27 relative to
providing monthly billing for solid waste
8. New Business:
A. Discussion and related action regarding a proposed policy
for private use of the City newsletter (City Clerk Maureen King)
B. Recommendation and related action regarding lease/purchase of
municipal equipment (Finance Director Kirk Wendland)
D. Discussion and related action concerning hydraulic share
agreement for Mr. Brotman
E. Discussion and related action relative to engineering proposal
for completion of design services for Oak Harbor sewer rehab (PW
Director Robert Kosoy)
F. Appeal of variance denial by Community Development Board
to construct a screen enclosure in violation of rear setback
(Margaret Cresson) (City Planner George Worley)
G. Appeal of variance denial by Community Development Board request
for variance to retain an unpermitted screen enclosure
(Lori Hesketh) (City Planner George Worley)
H. Appeal of variance denial by the Community Development Board
to park an RV in the front yard set back (Clyde Asbury) (City
Planner George Worley)
I. Appeal of variance denial by Community Development Board to
construct a garage apartment on a substandard lot (Townsend
Hawkes) (City Planner George Worley)
J. Final plat approval for William Morgan (City Planner George
Worley)
9. City Manager Reports and/or Correspondence:
10. Mayor to call on City Commissioners, City Attorney and City Clerk:
A. To set holiday hours for Christmas eve day
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7: 15 O O
PM ON MONDAY, DECEMBER 14, 1992 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Lyman T. Fletcher
Adelaide R. Tucker, and
J. Dezmond Waters, III, 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
AhsPnt! Glenn A, Edwards, Commissioner (Pxcussad )
The meeting was called to order by Mayor Gulliford.
Commissioner Fletcher offered the invocation and asked
for a moment of silence in memory of Louise Edwards, wife
of City Commissioner Glenn A. Edwards. This was followed
by the pledge to the flag.
1. Approval of the minutes of the regular meeting of
November 23, 1992.
Fletcher x
Motion: Approve minutes of the Tucker x x
regular meeting of November 23, 1992 Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
Approval of the minutes of the special called
meeting of December 2, 1992 .
Fletcher x
Motion: Approve minutes of the Tucker x x
special called meeting of December Waters x x
2, 1992 . Gulliford x
No discussion before the vote. The motion carried
unanimously.
2 . Recognition of Visitors:
There were no visitors.
3. Appearances:
A. Recognition of Continental Cablevision of
Jacksonville
Mayor Gulliford presented a plaque to Ann Murphy, Public
Relations Manager, Continental Cablevision of
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MINUTES,December 14 , 1992 COMMRS. MSYN
Jacksonville, in recognition of Continental Cablevision' s
continuous support and contributions to the City.
4. Old Business:
A. Appointments to Code Enforcement Board, Community
Development Board and Pension Board of Trustees
Mayor Gulliford felt that formal action to appoint people
to boards should be deferred until the next meeting so
that Commissioner Edwards would be able to participate.
It was announced there were two vacancies on the Code
Enforcement Board. The Mayor reported John Fletcher
indicated his desire to serve on the Pension Board and
Mary Walker indicated her desire to serve on the
Community Development Board.
5. Consent Agenda:
A. Report on Plaza Road
B. Report on usage of Adele Grage Community Center for
November
Fletcher x x
Motion: Approve passage of Consent Tucker x x
Agenda Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
6. Resolution:
A. Resolution No. 92-38: A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full, in writing, Resolution
92-38 .
Fletcher x x
Motion: Approve passage of Tucker x
Resolution 92-38 Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
B. Resolution No. 92-39: A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full, in writing, Resolution Fletcher x x
92-39 . Tucker x
Motion: Approve passage of Waters x x
Resolution 92-39 Gulliford x
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No discussion before the vote. The motion carried
unanimously.
7. Ordinances:
A. Ordinance No. 95-92-53 - Public Hearing
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF ATLANTIC BEACH, AMENDING CHAPTER 23, VEGETATION, BY
AMENDING ARTICLE II, TREES, TO PROVIDE FOR TREE
PROTECTION, TO PROVIDE FOR A TREE CONSERVATION BOARD. TO
PROVIDE FOR PERMITS, TREE INSPECTION REPORTS, SITE
ALTERATIONS, REMOVAL AND MAINTENANCE OF TREES, PROVIDE
FOR ENFORCEMENT OF THE ORDINANCE AND PROVIDING FOR AN
EFFECTIVE DATE, APPEALS AND EXCEPTIONS.
Prior to presenting Ordinance 95-92-53 Mayor Gulliford
announced a new version of the tree ordinance was being
drafted by the Tree Board. The new version was the
result of discussions held between the City Commission
and the Tree Board.
Mayor Gulliford presented in full, in writing, Ordinance
INo. 95-92-53, said ordinance having been posted in
accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from the
audience.
Ken Scudder urged the Commission to defeat ordinance 95-
92-53. He felt the ordinance interfered with the right
of a property owner to do what he wished to his own
property.
Since no one wished to speak further the Mayor closed the
Public Hearing.
Fletcher x
Motion: Defeat Ordinance 95-92-53 Tucker x x
on Final Reading Waters x x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
Mayor Gulliford announced the new version of the Tree
Ordinance would be presented on its first reading at the
first meeting in January, 1993 .
B. Ordinance #75-92-10 - First Reading
Mayor Gulliford presented in full, in writing, Ordinance
#75-92-10.
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AN ORDINANCE AMENDING ORDINANCE NO. 90-82-74, BEING AN
ORDINANCE ENTITLED: "AN ORDINANCE AMENDING CHAPTER 24 OF
THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH TO ALLOW
PARKING OF TRAVEL TRAILERS, MOTOR HOMES, HAULING TRAILERS
OR BOAT TRAILERS IN RESIDENTIAL DISTRICTS ON PRIVATE
PROPERTY IN FRONT OF THE FRONT YARD BUILDING LINE.
Motion: Approve passage of Fletcher x
Ordinance #75-92-10 on its first Tucker x x
reading and set public hearing for Waters x x
January 11, 1993 Gulliford x
A discussion ensued and it was determined a hardship of
certain individuals prompted the proposed change in the
existing ordinance.
The question was called and the motion carried with a 3-1
vote, with Commissioner Waters voting nay.
C. Ordinance #55-92-27 - First Reading
Mayor Gulliford presented in full, in writing, Ordinance
#55-92-27.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 16, SOLID WASTE, AMENDING SECTION 16-8, FEES AND
COLLECTIONS, TO PROVIDE FOR MONTHLY BILLING, PROVIDING AN
EFFECTIVE DATE.
Fletcher x x
Motion: Approve passage of Tucker x
Ordinance #55-92-27 on its first Waters x x
reading and set public hearing for Gulliford x
January 11, 1993
No discussion before the vote. The motion carried
unanimously.
8. New Business:
A. Discussion and related action regarding a proposed
policy for private use of the City newsletter
City Clerk Maureen King recommended establishing a fee
for all advertising, including advertising by charitable
and non-profit organizations for the City Newsletter. A
discussion ensued and it was decided fees to be charged
would be across-the-board, not more than one page would
be set aside for advertising, and it would cost $50 for
1/8 page of advertising.
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MINUTES, December 14 , 199?_ COMMRS. MSYN
Fletcher x x
Motion: Authorize staff to charge Tucker x
an across-the-board fee, regardless Waters x x
of organization, of $50 for 1/8 Gulliford x
page of advertising in City
Newsletter, with not more than one
page of the Newsletter used for
advertising purposes
No discussion before the vote. The motion carried
unanimously.
B. Recommendation and related action regarding
lease/purchase of municipal equipment
Kirk Wendland, Finance Director, reported concerning
financial proposals the City received at its November 22,
1992 bid opening to enable the City to enter into a lease
purchase arrangement to buy municipal equipment such as
a microfilm reader-printer, backhoe, riding mower and
other vehicles that will be used by public works and the
parks and recreation department. He recommended
entering into an arrangement with Liberty National
Leasing Company in the amount of $499, 500 at 5.33 percent
interest over three years.
Motion: Approve entering into an Fletcher x x
arrangement with Liberty National Tucker x
Leasing Company in the amount of Waters x x
$499, 500 at a fixed rate of 5.33 Gulliford x
percent interest over three years
A discussion ensued concerning fixed rate versus variable
rate, and it was explained at this particular time in the
economy the fixed rate of 5.33 percent was an excellent
rate.
The question was called and the motion carried
unanimously.
D. Discussion and related action concerning hydraulic
share agreement for Mr. Brotman
City Attorney Alan Jensen explained this pertained to the
desire of Solomon and Leslie Brotman, 2041 Beach Avenue,
to obtain a Wastewater Main Extension Agreement between
themselves and the City. He introduced Gary Wilkinson,
Attorney, who represented Mr. & Mrs. Brotman. Mr.
Wilkinson explained in order for the Brotmans to get
wastewater to their property they had to sink a manhole
and run the line, as there was no permanent water main.
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He explained this work resulted in considerable expense
to the Brotmans and, in order for the Brotmans to recoup
their costs for the outlay they have had to make for this
sewer line, they would like the city to extend their
agreement beyond the normal time period of five years.
Mr. Wilkinson explained there were two issues to be
considered ( 1 ) in order for the Brotmans to recoup their
investment they were requesting the Commission to extend
the contract for 12 or 15 years, and ( 2 ) if the Brotmans
do not recoup their investment, they should not be
assessed when a permanent line is installed. If,
however, they are able to recoup their investment, they
would be assessed their share for the installation of the
permanent line.
Commissioner Fletcher suggested leaving the agreement at
five years, after which a review would be conducted by
the Commission.
The Mayor summarized the matter as follows ( 1 ) the
Brotmans would like to have the opportunity to recoup
part of their investment, ( 2 ) they would like to have a
longer term than the normal five years, and ( 3 ) they did
not wish to be assessed for the permanent line that would
run in front of their house if they had not been
compensated for the temporary line they had already
installed.
A discussion ensued and it was decided to refer this
matter to the Water and Sewer Committee for their review
and consideration, with a report due back to the
Commission in 60 days. In the meantime, if someone taps
into the line, the Brotmans should be compensated
accordingly.
Motion: Refer matter related to Fletcher x x
Wastewater Main Extension Agreement Tucker x x
with Solomon and Leslie Brotman, Waters x
2041 Beach Avenue, to Water and Sulliford x
Sewer Committee, with a report due
within 60 days. In the meantime, if
someone taps into line Brotmans have
installed, they should be
compensated accordingly.
No discussion before the vote. The motion carried
unanimously.
E. Discussion and related action relative to engineering
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proposal for completion of design services for Oak
Harbor sewer rehab
Public Works Director Bob Kosoy presented engineering
design services for completion of Oak Harbor Sewer
Rehabilitation. He reported a proposal had been received
from Gee & Jenson to complete Phases II through Phase IV
in the Oak Harbor Subdivision for a total amount of
$44, 260.00. He recommended Commission approval of the
Gee & Jenson proposal .
Commissioner Tucker felt the auto mileage to be charged
to the city should be $0. 26 instead of the proposed
$0.33. Representatives from Gee and Jenson were present
in the audience and agreed to reduce the amount of
mileage to be charged to the city from $0.33 to $0. 26 .
Motion: Accept Gee & Jenson Fletcher x x
proposal to complete Phases II Tucker x
through Phase IV in the Oak Harbor Waters x x
Subdivision for a total amount of Gulliford x
$44, 260.00, with the auto mileage
reduced from $0.33 to $0. 26
No discussion before the vote. The motion carried
unanimously.
F. Appeal of variance denial by Community Development
Board to construct a screen enclosure in violation of
rear setback (Margaret Cresson) (This was removed
from the Agenda by Ms. Cresson)
G. Appeal of variance denial by Community Development
Board request for variance to retain an unpermitted
screen enclosure (Laurie Hesketh)
George Worley, City Planner, presented an appeal of a
variance denial by Laurie Hesketh. He explained Ms.
Hesketh had a screened enclosure constructed at the rear
of her home located at 403 Seaspray Avenue, which was in
violation of the required rear setback. Ms. Hesketh
applied for a variance to keep the structure as built.
By a vote of 4-3 the Community Development Board had
denied the request.
Mayor Gulliford explained the Commission would only be
able to overturn the Community Board' s decision if it was
felt the Board acted illegally.
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Laurie Hesketh indicated a member of the Community
Development Board stated an elderly lady had been turned
down by the board for a similar request. Ms. Hesketh
felt each case should be handled individually. She added
she did not know if the action of the Board was illegal,
but she felt she had been treated unfairly.
A discussion ensued and it was felt the Board did not act
illegally and, thus, the Commission decided to uphold the
action taken by the Community Development Board.
Fletcher x x
Motion: Uphold action of the Tucker x
Community Development Board to deny Waters x x
variance of Laurie Hesketh, 403 Gulliford x
Seaspray Avenue, to retain screened
enclosure as built
No discussion before the vote. The motion carried
unanimously.
H. Appeal of variance denial by the Community
Development Board to park an RV in the front yard set
back (Clyde Asbury)
George Worley, City Planner, presented an appeal of a
variance denial by Clyde Asbury. Mr. Worley explained
Mr. Asbury' s RV was parked on his property at 545
Seaspray Avenue in violation of the required front yard
setback. Mr. Asbury requested a variance to this setback
requirement at the Community Development Board and his
request was denied.
Clyde Asbury explained he was disabled and handicapped
and his motor home was his only means of recreation. He
indicated he had received signed statements from his
neighbors indicating they had no objections to the RV
remaining in his front yard.
Mayor Gulliford explained the Commission would only be
able to overturn a decision of the Community Development
Board if it was felt the Board acted in an illegal
manner.
A discussion ensued and it was felt the Board did not act
illegally and, thus, the Commission decided to uphold the
action taken by the Community Development Board to deny
variance to park RV in front yard at 545 Seaspray Avenue.
Fletcher x x
Motion: Uphold action of the Tucker x
Community Development Board to deny Waters x x
Sulliford x
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• MINUTES December 14 , 1992 COMMRS. MSYN
variance of Clyde Asbury, 545
Seaspray Avenue, to park RV in front
yard in violation of the required
front yard setback
No discussion before the vote. The motion carried
unanimously.
I. Appeal of variance denial by Community Development
Board to construct a garage apartment on a
substandard lot (Townsend Hawkes) (This was removed
from the agenda at the request of Mr. Hawkes)
J. Final Plat approval for William Morgan
George Worley, City Planner, presented final plant
approval for William Morgan. He explained Mr. Morgan was
the owner of the property on the north side of 19th
Street and would like to subdivide that property into six
lots for future residential development. Mr. Worley
reported Mr. Morgan had submitted a plat drawing which
was reviewed by the Community Development Board at its
last meeting. The Board unanimously voted to approve the
.proposed plat and encouraged the building of single-
family homes on the new lots.
Motion: Approve final plat for Fletcher x.
William Morgan to subdivide property Tucker x x
on the north side of 19th Street Waters x x
into six lots for future residential Gulliford x
development
No discussion before the vote. The motion carried
unanimously.
9. City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager, reported he received
communication from the Department of Natural Resources
(DNR) regarding a letter he had written concerning the
Model Lighting Ordinance. He indicated the DNR would
review comments and he asked Commissioners for their
input. He also distributed a copy of the Tree Ordinance
of the City of Tallahassee.
Bob Kosoy reported the Public Works Department would have
use of a sanitation collection vehicle from Hardee
Equipment for two weeks in an effort to determine if the
City would like to purchase same. If the vehicle is
unsatisfactory, the vehicle can be returned at no
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obligation to the City.
10. Mayor to call on City Commissioners, City Attorney
and City Clerk:
Alan Jensen, City Attorney, reported concerning streets
in Selva Marina. He indicated all the streets were
private streets. He added some deeds indicated the title
went to the center of the street, and he felt the only
way to determine that would be to have every lot searched
by the title company. He reported Selva Marina Drive,
north of Saturiba, was also a private street according to
the title company.
Commissioner Fletcher asked that commercial recycling
and the possibility of recycling white paper be placed on
the next agenda. He indicated he would like to have the
matter of delegating temporary street closings for
various functions placed on the next agenda.
Commissioner Waters indicated he had input from citizens
who were opposed to recreational vehicles parked in front
. yards.
Mayor Gulliford announced City Hall would be closed one-
half day December 24, 1992 in observance of Christmas
Eve.
There being no further business the eting journed at
9 :35 p. m. 1 A
William I . Gulls or. `r.
Mayor/Presiding 0 •r
A T T E S T:
Mau een King, ity ' lerk