05-27-97CITY OF ATLANTIC BEACH
"~ COMMISSION MEETING -May 2;7, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of May 12, 1997
2. Recognition of Visitors:
A. Introduction of new police officers
B. Recognition of Building Inspector of the Year
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of monthly report from Building and Fire Departments
5. Action on Resolutions:
A. Resolution No. 97-17
A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN
FUNDS (To correct deficiency in Atlantic Beach Sewer Fund due to
expenditures in connection with Tropical Storm Josephine)
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Heazing (Continued from May 12, 1997)
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND PROVIDING AN
EFFECTIVE DATE
B. Ordinance No. 90-97-164: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES BY
ADDING PLANT NURSERIES TO THE; USES BY EXCEPTION IN
SECTION 24-107; PROVIDING AN EFFECTIVE DATE
C. Review and discussion of draft ordinance to rewrite City Code Chapter 24,
Zoning and Subdivision Regulations
Page Two AGENDA May 27, 1997
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7. New Business:
A, Award contract to John Woody, Inc. in the ~uxrount of $393,049.91 for utility
improvements in Saratoga/ForrestaUBelvedere Streets pursuant to the specifications
of Bid #9697-10
B. Authorize the Mayor to execute Addendum II to the Conceptual Approval Agreement
with Florida Communities Trust for Preservation 2000 grant funds
C. Authorize the Mayor to execute contract with the Florida Department of Community
Affairs to proceed with Request for Proposal for a consultant to assist in the
preparation of the Evaluation and Appraisal Report regarding the City's
Comprehensive Plan
D. Authorize the City Manager to create a Human Resource Director position and hire
a qualified professional to fill that position
City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
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 proceediugs, 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 wishing to speak to the City Commission on any matter at tlris meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance
to the Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the Ciry Clerk.
MINUTES OF THE REGULAR MEETING OF THE ATLAN'T'IC
BEACH CITY COMMISSION HELD IN CITY HALL, S00 SEMINOLE
ROAD, AT 7:15 PM ON MONDAY, MAY 27, -1997
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Steve Rosenbloom,
Suzanne Shaughnessy, Commissioners
AND: Alan C. Jensen, City Attorney
Jim Jarboe, City Manager
Maureen King, City Clerk
The meeting was called to order at 7:15 p.m. The invocation was offered by
Mayor Fletcher, followed by the Pledge of Allegiance to the Flag.
1. Al2,nroval of the minutes of the Regular Meeting held
May 12. 1997.
The minutes were approved as presented.
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Commissioner Rosenbloom arrived at the meeting at 7:24 p.m.
2. Recognition of Visitors:
A. Introduction of new Police Officers
Chief John Campbell introduced and presented brief background information on
the following new Police Officers: David Cameron, Dennis Alexander and
Cynthia Lord. Chief Campbell reported the fourth new officer, Brian Mullins,
was unable to attend.
Mayor Fletcher and Chief Campbell welcomed the new employees to the city.
B. Recognition of Building Official of the Year
This item was taken out of sequence and recognition was given at the end of
Section 2.
C. Leslie Lyne, Councilor from the City of Neptune Beach
~.-, Councilor Lyne requested a donation from the City of Atlantic Beach to bring
the Jacksonville Youth Symphony to the beach for performances of "Westside
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Ma 27 1997
Story" on August 1 - 2, 1997. Councilor Lyne stated $8,000.00 was needed
and $5,000.00 had been raised.
Some discussion of the request ensued. When asked if a contribution could be
made, City Attorney Jensen referred to the City Code prohibiting contributions
to charitable, non-profit or other worthy causes and stated he believed the
contribution could not be made
Mayor Fletcher then stated that the ordinance was passed several years ago and
under the constraints of the ordinance the city has had to deny numerous
requests for donations the Commissioners might like to fulfill
Commissioner Shaughnessy inquired if there was a time limit for the request
and Councilor Lyne stated she needed to know by the middle of June.
Councilor Lyne continued by stating that perhaps the situation was different for
Neptune Beach because the performance was being held within they city limits.
They were using Continental Cable Special Events Funding to pay for the event,
'""~ which was acceptable under their ordinance.
Commissioner Shaughnessy inquired if the City of Atlantic Beach had any of
the Special Events funds remaining. Finance. Director Meuse stated those
funds were spent on the Campout Under the Stars and Christmas Programs. s.
Commissioner Shaughnessy then inquired how a donation was made a few
years ago to the City of Jacksonville Beach for fireworks; and stated the
distinction might be that the money was donated to a governmental entity and
Atlantic Beach residents would probably benefit from the event. Commissioner
Shaughnessy then asked City Attorney Jensen if this was analogous and he
stated it probably was.
Commissioner Rosenbloom indicated he favored making the contribution , if
for no other reason than to build friendship and comraderie between the two
cities.
Motion: Sponsor the Jacksonville Youth Symphony Program to the
extent of $750.00 to put on "Westside Story" in concert with the
City of Neptune Beach.
Mayor Fletcher expressed concern that the city did not have the legal authority
,,~ to make the contribution. He then stated it was his understanding that
Commissioner Rosenbloom wanted, with regard to the motion, a sense of the
Commission to see if they could legally do it, not actually authorize it, and
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direct City Attorney Jensen to research actions of the Commission in the past
to see if it could be done.
Substitute Motion: Direct City Attorney Jensen to exploire and
research any actions taken in the past to make such donations.
The substitute motion died for lack of a second.
Commissioner Meserve stated he felt giving money to a private organization
would be illegal under the City Code. However, he believed Staff could be
directed to see if a legal way could be found to make the donation.
Amendment to motion: Make the contribution dependent on
finding a legal way to do it.
Second amendment to motion: Make the contribution to the City
of Neptune Beach.
Commissioner Rosenbloom stated he felt the Commission should give serious
'""` consideration to amending the ordinance because the beaches area is becoming
"global" whereby the three cities have experienced many opportunities to do
things together, and it is too cumbersome to always say "sorry we cannot
participate because of the ordinance". Commissioner Rosenbloom further
stated as faz as he was concerned, if there were no legal objections found in the
minutes when the contribution was made to 3acksonville Beach, then. the city
could make this contribution because the precedent was set at that time.
The vote on the motion as amended carried by a three to two vote v~ith
Commissioner Meserve and Mayor Fletcher voting nay.
Mayor Fletcher then stated it was his understanding that this matter now rests
with Counsel to research, and if his opinion stands, the expenditure does not go
forwazd or if his opinion is that the city can make the contribution, it would go
forwazd.
After the Mayor's summary of the motion, Commissioner Rosenbloom stated
he would accept the Mayor's description of the motion made, however, he felt
the Commission was putting itself in a pick and choose trap whereby under
certain circumstances the Commission. chose to interpret the ordinance in favor
of certain things and not others. Commissioner Rosenbloom expressed his
~ belief that a double standazd would be set if the money was given to
Jacksonville Beach and not the City of Neptune Beach should Counsel
determine this request is not within the purvey of the ordinance.
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D. Jim Moore of 346 Seminole Road
Mr. Moore complained of speeding on Seminole Road from City Hall to
Atlantic Boulevard and requested regulaz patrol of the area and the issuance of
more tickets to curtail the problem.
City Manager Jarboe briefly recapped steps the city is taking to handle speeding
problems citywide.
E. J.P. Marchioli of 414 Sherry Drive
Mr. Mazchioli commented favorably on the addition of fill and new mulch at
the entrance to Howell Pazk and complimented Alan Sowder and his crew for
their work.
F. Alan Potter of 374 Second Street
Mr. Potter stated contrary to the recent newspaper article, Beaches Aquatic
Pool was not installing a four foot fence with barbed wire around its
retention pond. He reported the organization had applied fora permit to
install a 48" chain link fence to keep debris from the pond. As an illustration
of the litter problem, Mr. Potter stated on Thursday neighborhood boys were
throwing trash and debris into the retention pond.
Mr. Potter then commented on the city's recent payment of a $12,500
settlement with the DEP as a fine stemming from a discharge violation during
construction of the Atlamic Beach Wastewater Treatment Plant. Mr. Potter
stated that even though construction was completed early resulting in savings of ~ ~ ~ f I I
$23,000.00 for the city, he asserted the Davco plant should not have been taken i
out of service early and felt the city deliberately violated the law by doing so.
Mr. Potter also stated no Change Order was issued authorizing the plant to be
taken out of service.
G. Richard O'Brien of 5 10th Street
Mr. O'Brien requested that the city's pazking sticker program be reinstated.
Mayor Fletcher stated he understood the parking problems in that area and
asked that staff investigate the request.
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H. Ron Summers of 589 Viking Lane
Mr. Summers commended Chief Thompson and the Commissioners for trying
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to be good neighbors and providing good service to the citizens of Atlantic
Beach.
L Date Wappes of 1885 Beach Avenue
Mr. Wappes complained of the length of time it was taking to complete the
Beach Avenue water/sewer/paving project and stated he was very fiustrated
with the extended delays. He asked the city to avoid such problems in future
contracts.
Jim Jacques, Assistant Public Works Director, gave a brief status report on the
project and stated that many of the problems stemmed from the narrow rights-
of-way. In spite of the delays, Mr. Jacques stated the project was on schedule
and may be completed by the end of June.
J. Douglas Speed of 1207 Seminole Road
Mr. Speed complained of speeding on Seminole Road and of pet owners not
cleaning up after their animals in Jack Russell Park, which creates problems for
'"~ the parents and children using the playground area and ball fields. He asked the
Commission to consider prohibiting dogs from the park.
B. Recognition of Building Official of the Year
Building Official Don Ford was introduced and City Manager Jarboe
commended him for being selected Building Official of the Year for the
First Coast area.
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of monthly report from the Building and Fire
Departments
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
,,,,, A. Resolution No. 97-17
A RESOLUTION TRANSFERRING CERTAIN MONIES
$ETWEEN FUNDS (Ta correct deficiency in Atlantic Beach
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Sewer Fund due to expenditures in connection with Tropical
Storm Josephine)
Motion: Adopt Resolution No. 97-17 to correct a deficiency in
the Atlantic Beach Sewer Fund due to expenditures in
connection with Tropical Storm Josephine in the amnunt of
$26,510.00.
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
A. Ordinance No. 60-97-10: Public Hearing (Continued from May 12,
1997) AN ORDINANCE OF THE CITY OF ATLANTIC
BEACH AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES; PROVIDING FOR
AMORTIZATION OF NON-CONFORMING SIGNS; AND
PROVIDING AN EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only, opened the public hearing and
invited comments from those present. No one spoke and the public hearing was
continued.
Motion: Defer action and continue the public hearing to the June
23, 1997 Commission Meeting in order to give the Sign Ordinance
Review Committee time to review the draft ordinance and make
recommendations.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 60-97-164: Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES BY ADDING PLANT NURSERIES TO THE
USES BY EXCEPTION IN SECTION 24-107; PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 90-97-164 on first reading.
Mayor Fletcher read the ordinance by title only and stated the final reading and
public hearing would take place June 9, 1997.
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Mrs. Kauffman, who was present in the audience, expressed concern the
property was already being used as a plant nursery. City Manager Jarboe stated
he would look into the matter.
There was no discussion and the motion carried unanimously.
C. Review and discussion of draft ordinance to rewrite City Code
Chapter 24, Zoning and Subdivision Regulations
Mayor Fletcher announced the first reading of the ordinance would take place
at the June 9, 1997 Commission Meeting. A Workshop Meeting to review the
proposed ordinance will beheld on Wednesday, June 4, 1997 at 7: 1'i p.m.
7. New Business:
A. Award contract to John Woody, Inc. in the amount of $?.93,049.91
for utility improvements in Saratoga/ForrestaVBelvedere: Streets
pursuant to the specifications of Bid #9697-10
`~ Motion: Award contract to John Woody, Inc. in the amount of
$393,049.91 for utility improvements in Saratoga/Forresl;aV
Belvedere Streets pursuant to the specifications of Bid #9697-10.
There was no discussion and the motion carried unanimously.
B. Authorize the Mayor to execute Addendum II to the conceptual
.Approval Agreement with Florida Communities Trust for
Preservation 2000 grant funds
Motion: Authorize Mayor to execute Addendum II to the
conceptual Approval Agreement with Florida Communities Trust
for Preservation 2000 grant funds.
There was no discussion and the motion carried unanimously.
C. Authorize Mayor to execute contract with the Florida Department
of Community affairs to proceed with Request for Proposal for a
consultant to assist in the preparation of the Evaluation and
Appraisal Report regarding the City's Comprehensive Phan
Motion: Authorize Mayor to execute contract with the Florida
Department of Community Affairs to proceed with the Request for
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Proposal for a consultant to assist in the preparation of the
Evaluation and Appraisal Report regarding the City's
Comprehensive Plan.
There was no discussion and the motion carried unanimously.
D. Authorize the City Manager to create a Human Resource Director
position and hire a qualified professional to fill that position
City Manager Jarboe explained the need for a Human Resource professional in
detail and stated law suits could be prevented by employing someone in that
position (See City Manager Memo dated May 21, 1997 which is attached and
made part of this official record as Attachment A).
City Manager Jazboe stated he had spoken with Susan Rogers, Human
Resource Director of Crowley American Transport, Inc. and resident of
Atlantic Beach, and she would be willing to act as a consultant to assist the city
in developing the job specifications for the position at no cost to the city.
'~ Commissioner Shaughnessy inquired as to the salary for the position. City
Manager Jarboe stated a salary of $30,000 - $35,000.00 plus benefits was
needed to attract a qualified person with four yeazs of experience, and the
position would be funded by taking a percentage from each department's
budget.
Commissioner Meserve favored the request and stated it was mandatory for the
city to avoid taw suits.
Commissioner Rosenbloom concurred but suggested that consideration be
given to hiring a qualified individual part-time.
Motion: Authorize the City Manager to create a Human Resource
Director position and hire a qualified individual to fill that
position.
There was no further discussion and the motion carried unanimously.
8. City Manager Reports andlor Correspondence:
,,.-. With regazd to the speeding concerns mentioned earlier, City Manager Jarboe
responded that speeding presents an on-going problem throughout the city
with some cases being real and others perceived. The effects of the digital
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readout sign borrowed from the City of Jacksonville lasted about a week. City
Manager Jarboe acknowledged that East Coast Drive and Seminole Road were
problem areas and suggested having a "No Speed Day" or that warning tickets
be written to all speeders. City Manager Jarboe continued by stating the Public
Safety Depamnent wrote in excess of 5,000 tickets in 1996, but the problem
continues.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
Commissioner Rosenbloom reported he had received a request for a speed
bump on Beach Avenue and suggested the city consider more inforniative,
creative ways to educate the public with signs.
Commissioner Borno stated that sometimes the punishment needs t:o be
painful to get a driver's attention regarding speeding and the driver needs to
accept responsibility for his actions if exceeding the speed limit.
,,.,,~ Commissioner Shaughnessy commented that more tickets are being written,
but the complaints have not decreased and suggested strongly worded signs
may get the message. out.
Commissioner Shaughnessy reported that she had attended a Chamber of
Commerce Meeting that morning concerning the proposed Wonderwood
Expressway where the majority of those present favored the project.
Commissioner Shaughnessy urged those present who supported the
expressway to contact their Council representative.
With regard to the request for the donation by Councilor Lyne, Conunissoner
Shaughnessy stated she believed it was the sense of the Commission to find a
way to legally make the donation.
There being no fiuther discussion or business to come before the Cormnission,
the meeting adjourned at 8:30 PM. a
Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
,~ Ma eeG~C I/
City Clerk
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~t~sr~`ca S"'eacls - ~r4ozida
ATTACHMENT A
MAY 27, 1997 COMMISSION MEETING
May7~, 1997
Melaaandum to:
The I~orable Mayor
andI~mbers of the City Commission
CityofAtlantic Beach
Subject Need for a Human Resource Professional
BeafCity Commission Members:
5-a~-97
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233.5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852.5800
As yoamay know, human resource responsibilities for cities like ours are extremely
,.~ taxittg~nd difficult. Atlantic Beach, for many years, has existed without having a
fonml personnel division. As of this date we have one individual who is basically acting
as a clerical person who processes paperwork.
I have discussed the need for a qualified human services professional for a city of our size
with Susan Rogers, who is the Human Resource Director for Crowley American
Transport, Inc. She is also a resident of Atlantic Beach. She agrees with me that for a
city ttot to have a professional handling our human services needs could create serious
problems in the future. In addition,. David Thompson and Ann Meuse recently attended a
human resource training session. It is also their feeling; that we are sticking our neck out
by not having a skilled human resource/personnel person to handle our personnel issues.
I am seeking your permission to add this additional position to our staff as soon as
possible. This person would be responsible for managing personnel, supervising,
implementing personnel rules, providing human resource services, preparation of payroll,
employee recruitment, and the maintenance of personnel records. This person would
also be the city's Equal Employment Coordinator, and would insure that our city is in
compliance with federal guidelines, such as the American Disabilities Act. Finally,
responsibilities would include dealing with any other problems, such as sexual
harassment.
~ If you do approve this request Susan Rogers has agreed to work with me in developing
the job specifications for the position, and assessing our existing personnel structure.
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Human resource Professional
May 21, 1997
Your consideration of this request is appreciated.
Respfeb-tf^ull^y submitted,
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James R. Jarboe
City Manager
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