10-28-91 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, OCTOBER 28, 1991, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of October 14, 1991
2. Presentation:
Friends of the Library (Mrs. Booth)
3. Recognition of Visitors:
4. Committee Reports:
A. Awards Committee Chairman, Commissioner Edwards with a report and
recommendation regarding bid #9091-32: drainage outfall along
Seminole Road
5. Resolutions:
A. Resolution #91-34 regarding funds for Christmas decorations at
Community Center and City Hall (Finance Director, Harry Royal)
B. Resolution #91-35 relative to reducing the P&R Advisory Board
from seven to five members
6. Ordinances:
A. Second reading and public hearing of Ordinance #95-91-50 relative
to charitable contributions made by the City (Alan Jensen, City
Attorney)
B. Second reading and public hearing of Ordinance #28-91-1 relative
to election and term of mayor-commissioner and city commission
C. Second reading and public hearing of Ordinance #28-91-2 relative
to appointment and qualifications of city attorney
7. New Business:
A. Discussion and related action regarding a request to relocate the
20th Street dune crossover (Mrs. Frances King Shaw)
B. Discussion and related action regarding request for a CPR program
for the City of Atlantic Beach (Fire Chief Walter Rew)
C. Audit engagement letter for FY 1990-91 (Finance Director Harrry
Royal)
D. Request and related action regarding truck body and rust proofing
of a Public Works Department utility truck (Public Works Director
Robert Kosoy)
E. Request approval of Change Order #2 for effluent outfall line for
a proposed credit of $10,216 (Public Works Director Robert Kosoy)
F. Approval to authorize the City Attorney to draft an ordinance
relative to increasing the dumpster fee (Public Works Director
Robert Kosoy)
G. Report regarding rules, regulations and charges relative to the
Adele Grage Community Center (P&R Director Rose Blanchard)
H. Discussion and related action regarding Bid #9091-30 to replace
carpeting and flooring at the Adele Grage Community Center
I. Discussion and related action relative to Care Unit House
on Cavalla Road (City Planner George Worley)
8. City Manager Reports and/or Correspondence:
A. Report and recommendation concerning the definition of "family"
as relating to City Code
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
NIINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON
MONDAY, OCTOBER 28, 1991 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook E E
Glenn A. Edwards D D
Adelaide R. Tucker
John W. Weldon
M S
AND: Kim D. Leinbach, City Manager 0 E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ON E N
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. Commissioner
Cook offered as an invocation, the prayer for the United States of
America from the Episcopal Prayer Book, which was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of October 14,
1991 Cook x x
Edwards x x
Motion: Approve minutes of the regular meeting of October Tucker x
14, 1991 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
2. Presentation:
Friends of the Library
Ms. Claiborn presented a check for $100.00 to the Atlantic Beach
Recreation Department for the use of the Adele Grage Community
Center for their recent book sale. She thanked Commissioner Weldon
and Parks & Recreation Director Blanchard for their help and
hospitality in connection with the book sale, which, she reported,
was very successful.
3. Recognition of visitors:
Chief Thompson introduced Dale Hatfield, the newest Atlantic Beach
police officer.
Barbara (Last name unidentifiable) , a resident of Oceanside Court,
asked for an explanation of the variance which she thought had been
granted for the construction of the Tafflin residence. Mayor
Gulliford explained that the Tafflins had produced documented
evidence that the matter had been presented to the city prior to
the change in the ordinance amending the method of measuring
height, and had spent a considerable sum of money designing a
building which would comply with that ordinance. No variance had
been requested or granted. It was the feeling of the City
Commission that the construction of the Tafflin residence should be
grandfathered under the provisions of the ordinance which was in
effect at the time the plans were first presented to the city.
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George Johnson, 387 Belvedere Street, President of Donner Community
Corporation, requested permission to use the city-owned, empty
house at 671 Francis Avenue as a meeting place for that
organization.
Mayor Gulliford explained that Donner Community Development
Corporation was a 501C corporation which had been established to
address some of the goals which had been set forth in the Community
Development Block Grant project in the Donner neighborhood.
Motion: Grant permission for the Donner Community Cook x x
Development Corporation to use the building at 671 Edwards a
Francis Avenue as a meeting place, subject to the Tucker x x
City Manager working out the details of such Weldon x
agreement Gulliford x
No discussion before the vote. The motion carried unanimously.
Edward Graham from the Fleet Landing Retirement Community, thanked
Mayor Gulliford for meeting with the Fleet Landing residents the
previous week to inform them about the Atlantic Beach government
and its relationship with Duval County.
Joanna Marini, 1132 Linkside Drive, inquired whether a revised
design had been received for the proposed drainage project adjacent
to Selva Linkside. Public Works Director Kosoy said he had
received a revised concept plan and would make a copy of this
available to Ms. Marini.
Agenda item 7A was taken out of sequence and acted upon at this
time
7A. Discussion and related action regarding a request to relocate
the 20th Street dune crossover
Attorney Bob Persons, representing property owner Mrs. Frances King
Shaw, explained that Mrs. Shaw had purchased the home on Lot 80,
and Lot 79, (a vacant lot) , at North Atlantic Beach Unit 3. Mrs.
Shaw planned to build a garage and an apartment to house staff
members on lot 79. A 5-ft beach access with dune crosswalk was
currently located between those two lots and Mrs. Shaw was seeking
permission to relocate the beach access to the south end of Lot 79.
Mr. Persons presented architectures' sketches illustrating the
proposal to relocate the beach access and explained that Mrs. Shaw
was willing to give an additional one foot of property so the new
access would be 6-ft wide, and if desired, ramps could be included
to accommodate wheel-chairs. All costs involved in relocating the
crossover would be paid by Mrs. Shaw. Mr. Persons said the old
crossover would not be removed until the new structure was
completed.
Althea Lachicotte, 335 Garden Lane, inquired whether Mrs. Shaw
would be willing to pay the city's legal costs in the event the
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residents of adjacent properties were to bring a law suit against
the city. Mr. Persons responded that he did not know. Ms.
Lachicotte also felt the damage to the ecology should be
considered.
Peter Tinnesz, 2093 Beach Avenue, objected to the relocation of the
beach access because it would decrease their privacy and increase
the noise, thus devaluing his property. He said DNR regulations
required a 3-ft. clearance over the dunes, and that, along with the
space needed for the cross bracing, would bring the crossover
almost to the top of his existing 6-ft fence, allowing those who
used the crossover to look directly into his home. Mr. Tinnesz
also felt the present location of the crossover was safer than the
proposed location because it exited onto a dead end street. The
proposed location would exit into a more heavily trafficked area.
Hammond Gracy, 60 20th Street, said he was aware of the
difficulties involved in getting the 20th Street beach access and
he wanted to be completely assured that nothing would be done to
cause the access to be lost. Frank Langley, 325 Garden Lane and
William Greenway, 305 Garden Lane, preferred that the access remain
at its current location, while Roy Fouts, 2020 Duna Vista Court
felt that no action should be taken by the city unless agreement
could be reached with the neighbor to the south.
After a complete discussion of the matter, the Mayor asked for the
wishes of the City Commission. Cook x
Edwards x x
Motion: Deny the request to relocate the beach access at Tucker x
20th Street Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
4. Committee Reports:
A. Awards Committee Chairman, Commissioner Edwards, with a report
and recommendation regarding bid No. 9091-32 - drainage
outfall along Seminole Road
Commissioner Edwards reported five bids had been received for the
construction of a drainage outfall along Seminole Road. The low
bidder, Walding Company, had completed several projects for the
city and their performance had been satisfactory.
Cook x x
Motion: Accept the bid of Walding Company in the amount of Edwards x x
$38,373 for the construction of stormwater drainage Tucker x
along Seminole Road Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
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5. Resolutions:
A. Resolution No. 91-34
Mayor Gulliford presented in full, in writing, Resolution No.
91-34: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS to
provide budget for the installation, removal, and storage of
Christmas decorations at City Hall and the Adele Grage Community
Center. Cook x
Edwards x x
Motion: Approve passage of Resolution No. 91-34 Tucker z a
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Resolution No. 91-35
Mayor Gulliford presented in full, in writing, Resolution No.
91-35: A RESOLUTION OF THE CITY OF ATLANTIC BEACH AMENDING
RESOLUTION NO. 90-2, REDUCING THE NUMBER OF MEMBERS ON THE
RECREATION ADVISORY BOARD, PROVIDING AN EFFECTIVE DATE. Cook x x
Edwards x x
Motion: Approve passage of Resolution No. 91-35 Tucker x
Weldon a
No discussion before the vote. The motion carried unanimously. Gulliford x
Agenda Item 7F was taken out of sequence and acted upon at this
time
7F. Approval to authorize the City Attorney to draft an ordinance
relative to increasing the dumpster fee
Theresa Todd, Chairman of the Solid Waste Committee, reported that
the last rate increase for solid waste collection had been for
residential collections only. She provided a break even analysis
which calculated the increase needed to meet expenditures. The
committee recommended that an ordinance be drafted to increase
commercial rates in accordance with the analysis provided. The
committee also recommended that the Commercial B definition be
revised, eliminating rates based on the number of employees, and
that that rate be the same as the residential rate.
Cook x
Motion: Accept the recommendation of the Solid Waste Edwards x x
Committee and direct the City Attorney to draft the Tucker x
appropriate ordinance Weldon a x
Gulliford a
In discussion before the vote, Mayor Gulliford suggested that rates
be reviewed annually and smaller increases be implemented before
the situation became critical. The question was called and the
motion carried unanimously.
6. Ordinances:
A. Ordinance No. 95-91-50 - Public hearing
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AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 1, GENERAL PROVISIONS, BY ADDING
SECTION 1-5(b) , CHARITABLE CONTRIBUTIONS PROHIBITED, AND PROVIDING
AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
95-91-50, said ordinance having been posted in accordance with
Charter requirements. He opened the floor for a public hearing and
invited comments from the audience.
J.P. Marchioli, 414 Sherry Drive said he was opposed to tax
revenues being used for charitable contributions and supported
passage of the ordinance. Since no one else who wished to speak to
the matter, the Mayor declared the public hearing closed. Cook x x
Edwards x
Motion: Approve passage of Ordinance No. 95-91-50 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
B. Ordinance No. 28-91-1 - Public hearing
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 57-1126, LAWS OF
FLORIDA, BEING THE CHARTER OF ATLANTIC BEACH RELATING TO ELECTIONS
AND TERMS OF MAYOR-COMMISSIONER AND CITY COMMISSION; REQUIRING A
REFERENDUM AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
28-91-1, said ordinance having been posted in accordance with
Charter requirements. He opened the floor for a public hearing and
invited comments from the audience.
Stan Jones, 2051 Seminole Road, pointed out the ordinance
established limits of two terms for both the mayor and city
commissioners. He felt the mayor' s term should be changed from two
to four years to allow for eight continuous years of service.
John Baillie, 1823 Beach Avenue, felt that while an ordinance of
this nature might be appropriate for larger cities, a city the size
of Atlantic Beach did not need this type of legislation.
Dezmond Waters, 1835 Seminole Road, supported passage of the
ordinance on the basis that new ideas were needed from time to time
and eight years was an adequate tenure for elected officials. He
pointed out that after a break of two years, individuals would
again be eligible to run for office. He also supported changing
the mayor' s term to four years.
There being no further comments from the audience, the Mayor
declared the public hearing closed.
Mayor Gulliford questioned whether the ordinance could be
retroactive to the 1991 election when the matter would not be voted
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upon until November 1992. The City Attorney felt that it could
not. The City Attorney also provided other suggested amendments to
the language.
Cook x
Motion: Approve passage of Ordinance No. 28-91-1 Weldon x
In discussion before the vote, the question was raised as to
whether a commissioner who had served two consecutive terms should
be allowed to run for Mayor. Commissioner Weldon suggested for
seats 2 through 5, no one could serve for more than two consecutive
4-year terms, and in Seat 1 no one could serve more than four
consecutive 2-year terms. Cook x x
Edwards x
Substitute Motion: Approve passage of Ordinance No. 28-91-1 Tucker x
with proposed amendments Weldon x x
Gulliford x
No further discussion. The substitute motion carried unanimously.
C. Ordinance No. 28-91-2 - Public hearing
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 57-1126, LAWS OF
FLORIDA, BEING THE CHARTER OF ATLANTIC BEACH RELATING TO CITY
ATTORNEY - APPOINTMENT AND QUALIFICATIONS; REQUIRING A REFERENDUM
AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
28-91-2, said ordinance having been posted in accordance with
Charter requirements. He opened the floor for a public hearing and
invited comments from the audience. Since no one spoke to the
matter, the Mayor declared the public hearing closed.
The City Attorney suggested amendments to the language in the
title. Cook x
Edwards x
Motion: Approve passage of Ordinance No. 28-91-2 as amended Tucker x x
Weldon x x
No discussion before the vote. The motion carried unanimously. Gulliford x
The City Attorney said he would provide a copy of the amended
ordinance to all Commissioners before it was presented the Mayor
and City Clerk for signature.
7. New Business:
A. Discussion and related action regarding a request to relocate
the 20th Street dune crossover
This item was acted upon earlier in the evening.
B. Discussion and related action regarding request for a CPR
program for the City of Atlantic Beach
Fire Chief Walter Rew reported the city had received donations of
equipment for CPR instruction. He said the safety program which
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had been adopted by the city, recommends that all city employees be
CPR certified. The program would initially be supervised by Dayne
Etherton of the American Heart Association until city employees
could be trained to teach the class. Chief Rew provided a summary
of the cost of providing this program which would eventually be
self-supporting. Cook x x
Edwards x
Motion: Approve implementation of CPR program as presented Tucker x x
and authorize the Mayor to sign agreement Weldon x
Gulliford x
Raymond Salman, 1633 Park Terrace East suggested that a list of
those trained be made available to the public. After brief
discussion, the question was called and the motion carried
unanimously.
The City Manager reported on the success of the safety program and
noted that Workers Compensation claims had been reduced from 31 in
an eight-month period a year ago to 13 in a similar period this
year. He complimented the safety committee, and Chief Rew in
particular, for their efforts in this regard.
C. Audit engagement letter for FY 1990/91
Mayor Gulliford confirmed that each Commissioner had received a
copy of an audit engagement letter from Purvis Gray for the audit
for FY 1990/91. Cook x
Edwards x x
Motion: Authorize Mayor to sign engagement letter to retain Tucker x
Purvis Gray and Company for the FY 1990/91 budget Weldon x x
Gulliford x
In discussion before the vote, it was pointed out that this would
be the third year this firm had performed the city audit, and a new
company would be hired next year. The question was called and the
motion carried unanimously.
D. Request and related action regarding truck body and rust
proofing of a Public Works Department utility truck
Public Works Director Bob Kosoy reported that a Purchase Order had
been issued for the purchase of a new body for a utility truck.
The cost of rustproofing the body had brought the total cost to
$2,531 and Mr. Kosoy requested commission approval of the invoices
for the truck body and the rustproofing. Cook x x
Edwards x
Motion: Approve payment of the invoices as requested Tucker x
Weldon x x
No discussion before the vote. The motion carried unanimously. Gulliford x
E. Request approval of Change order No. 2 for effluent outfall
line for a proposed credit of $10,216
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Mr. Kosoy explained that the maintenance and inspection decking had
been deleted from the project, resulting in a reduction in the
project cost of $10,216. Cook x
Edwards x
Motion: Approve Change Order No. 2 to the effluent outfall Tucker x x
repair project Weldon a x
Gulliford x
No discussion before the vote. The motion carried unanimously.
F. Approval to authorize the City Attorney to draft an ordinance
relative to increasing the dumpster fee
This item was taken up earlier in the evening.
G. Report regarding rules, regulations and charges relative to
Adele Grage Community Center
The proposed rules were reviewed and Commissioner Cook expressed
objection to the rule prohibiting political meetings in the
community center. Commissioner Weldon said the center had been
misused at a recent political meeting and it was the opinion of the
community center committee that political meetings should be held
in the Commission Chambers. Discussion ensued regarding loud music
and Commissioner Cook suggested a list rules could be compiled and
provided to each group or individual renting the facility.
Parks & Recreation Director asked the City Commission their wishes
regarding religious activities in the center, and no objections
were voiced. Ms. Blanchard also inquired into the wishes of the
City Commission regarding holding employee training at the
community center and Mayor Gulliford said he was opposed to city
meetings being held outside the city boundaries and it was felt
classes such as CPR could be held in the Commission Chambers.
Commissioner Weldon thanked the committee for their work and said
Mrs. Blanchard now had the matter in hand. At the request of Mayor
Gulliford, Commissioner Weldon agreed to stay on as the chairman of
that committee.
H. Discussion and related action regarding Bid No. 9091-30 to
replace carpeting and flooring at the Adele Grage Community
Center
The City manager reported that the low bidder to install carpeting
and flooring, had indicated that he was unable to acquire the
carpeting for the price bid and had asked to be released from the
bid. He recommended the bid of the second lowest bidder be
accepted.
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Motion: Accept the bid of the second low bidder, Florida Cook x
Contract Interiors, in the amount of $4,488.51 for Edwards x x
carpeting and tile flooring at the Adele Grage Tucker x x
Community Center Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
I. Discussion and related action relative to Care Unit House on
Cavalla Road
Mayor Gulliford explained this item had been withdrawn from the
agenda at the request of Care Unit.
8. City Manager Reports and/or correspondence:
A. Report and recommendation concerning the definition of
"family" as related to the City Code
This item was withdrawn from the agenda since it was related to
agenda item No. 7I.
The City Manager reported he had been advised by Blue Cross/Blue
Shield that the premiums for health insurance for 1992 would be
increased by 4.4%. He said this was an excellent rate and
recommended continuing the Blue Cross coverage. After brief
discussion of the matter it was agreed to continue the Blue
Cross/Blue Shield health insurance for an additional year. Mayor
Gulliford suggested in future bidding the city should reserve the
right to renew with the existing carrier provided future increases
are within certain limits to be approved by the City Commission.
The City Manager also inquired whether the City Commission wished
to meet with the new Little League officials. Mayor Gulliford said
he would plan to attend the next Little League meeting and would
report back to the City Commission.
Commissioner Edwards asked if there was any way to speed up the
procedure relating to nuisance abatement, particularly regarding
weeds and junk cars. After a brief discussion of the matter the
City Attorney was asked to review the procedure and report back to
the City Commission with any suggestions he may have for speeding
up the process.
City Attorney Jensen noted that historically past Commissioners
"disappear" and he hoped after Commissioners Cook and Weldon step
down, they would come back often.
Mayor Gulliford reviewed a list of services which are renewed
annually and he suggested the city invite bids annually for all
services and commodities.
Commissioner Cook said he was honored to serve the city for four
years on the Board of Adjustment and thirteen years and one month
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on the City Commission. He hoped as Atlantic Beach grew larger it
would not loose the sense of community which currently exists. He
said he had been instrumental in establishing a program of sidewalk
construction and he urged ensuing commissions to continue this
program, particularly west of Mayport Road.
There being no further business to come before the City Commission,
the Mayor declared the meeting adjourned at • • s 'M.
AL-.4 !I �/`
Wil iam . ul iford
Mayor/Presiding Off
ATT ES T:
Maureen King, f its rd(