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02-10-97 v CITY OF ATLANTIC BEACH COMMISSION MEETING -February 10, 1997 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Public Hearing on Beach Avenue Assessments held January 21, 1997, and Regular Commission meeting of January 27, 1997 2. Recognition of Visitors: A. Joe Welsh, Purvis Gray& Company, to present Audit Report 3. Unfinished Business: A. Discussion and/or action regarding Bull Memorial Park 4. Consent Agenda: A. Acknowledge receipt of monthly reports from the following City Departments: Building Department Code Enforcement Department Parks& Recreation 5. Action on Resolutions: A. Resolution No. 97-3 A RESOLUTION OF THE CITY OF ATLANTIC BEACH TRANSFERRING CERTAIN MONIES BETWEEN FUNDS B. Resolution No. 97-4 A RESOLUTION OF THE CITY OF ATLANTIC BEACH,NAMING PROPERTY IN OCEAN GROVE UNIT 2 AS MANDALAY PARK C. Resolution No. 97-5 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL 103 6. Action on Ordinances: A. Ordinance No. 5-97-29 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, TO ADD RULE NO. 25, AUTHORIZING CITY COMMISSIONERS AND CHARTER OFFICERS TO REQUEST WRITTEN MOTIONS, AND PROVIDING AN EFFECTIVE DATE B. Ordinance No. 45-97-12 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ARTICLE III, ZONING REGULATIONS, DIVISION 7, SUPPLEMENTARY REGULATIONS, SEC. 24-159, HOME OCCUPATIONS, TO PROVIDE THAT Page Two AGENDA February 10, 1997 SEC. 24-159, PREVAILS OVER ANY OTHER ORDINANCES WHICH MAY CONFLICT THEREWITH, AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 58-97-22 - Introduction and First Reading AN ORDNANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SEC. 2-298(a), MEMBER CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS BY BENEFIT GROUP POLICE, AND PROVIDING AN EFFECTIVE DATE D. Ordinance No. 60-97-9 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, TO PROVIDE FOR STANDARDIZATION OF OFFICIAL SIGNAGE FOR PARKS AND PUBLIC BUILDINGS, AND PROVIDING AN EFFECTIVE DATE 7. New Business: A. Award contract to Lady J. Construction for Asphalt Repair Work pursuant to the specifications of Bid No. 9697-3 B. Discussion and related action in connection with request from Leila Mousa, Principal of Duncan U. Fletcher High School,to enact legislation regarding under age smoking on or near school property C. Discussion and related action in connection with non-union general employees pay plan D. Award contract for Annual Janitorial Service at city facilities, pursuant to the specifications of Bid No. 9697-4, to Duval Janitor Service in the amount of $36,300.00 8. 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 proceedings,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 this 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 City Clerk. v MINUTES OF THE REGULAR MEETING OF THE ATLANTIC 0 0 BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T ROAD,AT 7:15 PM ON MONDAY, FEBRUARY 10, 1997 E E D D PRESENT: Lyman Fletcher, Mayor M S John Meserve 0 E Tim Reed T C Steve Rosenbloom I O Y NAME OF ON EN Suzanne Shaughnessy, Commissioners COMMRS. N D S 0 AND: James Jarboe, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order. The invocation was offered by City Manager Jarboe, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Public Hearing on Beach Avenue Special Assessments held January 21. 1997. MESERVE X X Motion: Approve minutes of the Public Hearing on Beach Avenue REED X Special Assessments held January 21, 1997. ROSENBLOOM X SHAUGHNESSY X X The motion carried unanimously. FLETCHER X Approval of the minutes of the Regular Meeting held January 27, 1997. MESERVE X X Motion: Approve minutes of the Regular Meeting held REED X January 27, 1997. ROSENBLOOM X SHAUGHNESSY X X The motion carried unanimously. FLETCHER X 2 Recognition of Visitors: A. Joe Welsh, Purvis Gray and Company, to present audit report. Joe Welsh a partner with Purvis Gray and Company introduced Ron Whiteside, Senior Auditor for the City of Atlantic Beach report and then presented the audit report for FY 1995/96 to the Commission. Mr. Welsh indicated the report complied with all federal, state and local accounting requirements and contained no negative comments. Mr. Welsh praised Finance Director Ann Meuse and the Finance Department staff for their professionalism. He then presented a brief overview of several areas of the V V NAME OF Minutes Page -2- COMMRS. MS Y N February 10, 1997 report including the balance sheet of city funds, the general fund, income statement, pension fund, bond issue disclosures for the secondary market, and single audit reports for grant funds and indicated the City was in excellent financial condition. Mr. Welsh pointed out a new requirement, beginning on Page 60 of the report concerning bond covenant disclosures to be provided on an annual basis. He stated the city had a good financial advisor for the bond issue which enabled the city to secure the bond at a low cost and interest rate for the citizens of Atlantic Beach. Mayor Fletcher commended Finance Director Meuse for the outstanding work by the Finance Department and asked that his message be expressed to staff. B. Alan Potter of 374 Second Street Mr. Potter spoke concerning the proposed Beach Avenue assessments stating in 1986 when the property was annexed into the city, 86% of the electorate favored the annexation. At that time, the residents of the area wishing to be annexed were told if the property was annexed, they would pay for any water and sewer lines installed in the area and they agreed to this stipulation. He continued by stating he believed the people who voted approval of the annexation would not approve of subsidizing the costs of sewer lines by 50% and free water lines and fire hydrants for the property owners affected by the proposed assessment. Mr. Potter then asked the Commission to revisit the 1986 annexation stipulations. 3. Unfinished Business: A. Discussion and/or action regarding Bull Memorial Park Commissioner Meserve stated he asked for this item to be placed on the agenda because he felt the Commission did not give the City Manager clear direction in regard to what they wanted done at the park and the budget for the project was not discussed. Commissioner Meserve then asked City Manager Jarboe how much money had been budgeted for the park and was told $40,000.00. Motion: Stop completion of contract with design firm and MESERVE X X apologize to the architect, upgrade the playground area, install REED X X sidewalk to connect both sides of the park, and improve the back of ROSENBLOOM x SHAUGHNESSY X the Community Center building. FLETCHER X Commissioner Shaughnessy stated she was not yet ready to abandon plans for V V NAME OF Minutes Page -3- COMMRS. MS Y N February I0, 997 the park. Commissioner Reed agreed with Commissioner Meserve and stated he felt the original plan for the park had grown way beyond the needs of the area and suggested the Commission put together a plan for the park based on the $40,000.00 budgeted. Commissioner Rosenbloom stated he could see the merits of both sides of the park matter, but believed the Commission needed to agree on the project and see it through to the end. Commissioner Rosenbloom also admitted that projects can grow much larger and more expensive than originally intended as input is received from various groups. Mayor Fletcher stated many people had spent a great deal of time on this project and the city should go forward and authorize a plan spreading the costs over several years. He further stated the children's playground was his first priority for the park. Commissioner Shaughnessy suggested authorizing a master plan for the park and phasing the work over a three year period of time, as suggested by the University of Florida when they conducted a study of the city's parks. Commissioner Meserve rebutted the suggestion stating spreading the costs over several years could double the cost of the project and using an architect for the park was also too costly. As the discussion continued, Commissioner Reed stated he was not sure the Commission ever made a definite decision on the park and suggested proceeding with the minimum requirements. Commissioner Rosenbloom agreed something should be done in Bull Park, and expressed his previous position that funds earmarked for the Dutton Island and Tresca properties should be spread throughout the city because many residents will never utilize those parks. Concern was also expressed that the memorials, parking and green space areas had not been addressed properly or the costs determined. After some further discussion the question was called and the motion was defeated by a two to three roll call vote with Commissioner Rosenbloom, Commissioner Shaughnessy and Mayor Fletcher voting nay. MESERVE Motion: Authorize staff to go ahead with plans for the park based REED on Ed Preston's report from the charette and come back with ROSENBLOOM SHAUG recommendations and an estimate of the costs. LETC FHNESSY X LETCHER X V V NAME OF Minutes Page -4- COMMRS. MS Y N February 10, 1997 Much discussion ensued concerning the architect's fee, a budget figure for work to be done in the park, relocation of the memorials in the park, sidewalks, green space and parking on Seventh Street. Substitute Motion: Direct City Manager to negotiate with the MESERVE X architectural firm for a two-step design plan: (1) The first step to REED x ROSENBLOOM X X include a conceptual design and cost estimate and (2) the second SHAUGHNESSY X X step, contingent upon approval of the first step, to include FLETCHER X construction design and bid documents. The substitute motion carried unanimously. Some further discussion ensued concerning what should be included in the design of the park. Motion: Also include that the following be considered when MESERVE X designing the park: (1) set a limit of$100,000 for cost of the park, REED x ROSENBLOOM X excluding design fees (2) openness to moving the memorials, (3) SHAUGHNESSY X X keep the existing green space open, (4) no parking on Seventh FLETCHER X X Street, and (5) improve the existing children's playground. There being no further discussion, the motion carried by a four to one vote with Commissioner Reed voting nay. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from the following City Departments: Building Department, Code Enforcement Department, and Parks and Recreation The consent agenda items were received and acknowledged as presented. 5. Action on Resolutions: A. Resolution No. 97-3 A RESOLUTION OF THE CITY OF ATLANTIC BEACH TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Fletcher presented in full in writing Resolution No. 97-3. City Manager Jarboe stated Finance Director Meuse would answer any questions concerning the transfer of funds. There were no questions. V V NAME OF Minutes Page -5- COMMRS. MS Y N February 10, 1997 Motion: Adopt Resolution No. 97-3 authorizing transfer of MESERVE X funds to provide funding to relocate Francis Avenue pavement. REED X X ROSENBLOOM X X SHAUGHNESSY X There was no discussion and the motion carried unanimously. FLETCHER X B. Resolution No. 97-4 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, NAMING PROPERTY IN OCEAN GROVE UNIT 2 AS MANDALAY PARK Mayor Fletcher presented in full in writing Resolution No. 97-4. Motion: Adopt Resolution No. 97-4. MESERVE X XREED x ROSENBLOOM X X J.P. Marchioli of 414 Sherry Drive passed out a letter to each SHAUGHNESSY x Commissioner suggesting the area not be called a park, but"Mandalay FLETCHER X Bosk" or"Mandalay Holt", which would utilize a word he felt was more appropriate than the word "park" for this property. There was no discussion and the motion carried unanimously. C. Resolution No. 97-5 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING HOUSE BILL 103 Mayor Fletcher presented in full in writing Resolution No. 97-5. MESERVE X X Motion: Adopt Resolution No. 97-5. REED x ROSENBLOOM X X Commissioner Shaughnessy explained House Bill 103 would provide for SHAUGHNESSY x a long-term dedicated funding source for statewide beach renourishment FLETCHER X of approximately $27 million annually paid for by cruise ship passengers embarking and debarking in Florida. Commissioner Reed stated he did not know anything about the other side of the issue, but it appeared to him to be another tax. V V NAME OF Minutes Page -6- COMMRS. MS Y N February 10, 1997 Commissioner Shaughnessy explained that it was not a tax, but a user fee to be charged with no punitive intent. Commissioner Meserve stated he supported an on-going dedicated source of funding for beach renourishment. There being no further discussion, the motion carried by a four to one vote with Commissioner Reed voting nay. Mayor Fletcher asked City Clerk King to send a copy of the Resolution to the other Mayors in the county demonstrating the city's support of House Bill 103 and a dedicated funding source for statewide beach management. 6. Action on Ordinances: A. Ordinance No. 5-97-29 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-19, RULES OF CONDUCT AND PROCEDURE AT MEETINGS, TO ADD RULE NO. 25, AUTHORIZING CITY COMMISSIONERS AND CHARTER OFFICERS TO REQUEST WRITTEN MOTIONS AND PROVIDING AN EFFECTIVE DATE ME SERVE X X REED X Motion: Adoption Ordinance No. 90-96-163 on first ROSENBLOOM X X reading. SHAUGHNESSY X FLETCHER X Mayor Fletcher read the ordinance by title only and explained the final reading and public hearing would take place February 24, 1997. There was no discussion and the motion carried unanimously. B. Ordinance No. 45-97-12 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ARTICLE III, ZONING REGULATIONS, DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-159, HOME OCCUPATIONS, TO PROVIDE THAT SECTION 24-159 V V NAME OF Minutes Page -7- COMMRS. MS Y N February 10, 1997 PREVAILS OVER ANY OTHER ORDINANCES WHICH MAY CONFLICT THEREWITH, AND PROVIDING AN EFFECTIVE DATE. MESERVE X X Motion: Adopt Ordinance 45-97-12 on first reading. REED X ROSENBLOOM X SHAUGHNESSY X X Mayor Fletcher read the ordinance by title only and explained the final FLETCHER X reading and public hearing would take place February 24, 1997. City Manager Jarboe explained the intent of the ordinance was to eliminate conflict between the Zoning regulations and Home Occupational License section of the City Code, with the Home Occupational License Section 24-159 prevailing over all other ordinances. There was no discussion and the motion carried unanimously. C. Ordinance No. 58-97-22 - Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, SECTION 2-298(a), MEMBER CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS BY BENEFIT GROUP POLICE, AND PROVIDING AN EFFECTIVE DATE MESERVE X X Motion: Adopt Ordinance 58-97-22 on first reading. REED X ROSENBLOOM X X SHAUGHNESSY X Mayor Fletcher read the ordinance by title only and explained the final FLETCHER X reading and public hearing for this ordinance would take place February 24, 1997. There was no discussion and the motion carried unanimously. D. Ordinance No. 60-97-9- Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES, ARTICLE I, IN GENERAL, TO PROVIDE FOR STANDARDIZATION OF OFFICIAL SIGNAGE FOR PARKS AND PUBLIC V V NAME OF Minutes Page -8- COMMRS. MS Y N February 10, 1997 BUILDINGS, AND PROVIDING AN EFFECTIVE DATE MESERVE Motion: Adopt Ordinance No. 60-97-9 on first reading. REED ROSENBLOOM x Mayor Fletcher read the ordinance by title only and explained the final SHAUGHNESSY X reading and public hearing would also take place February 24, 1997. FLETCHER Commissioner Shaughnessy stated she believed the intent of the ordinance was to set standards for new signs with existing signs given a longer period of time to be brought into compliance. Commissioner Shaughnessy then inquired as to the September 30, 1998 compliance date in the ordinance. City Attorney Jensen stated the date was arbitrary, and any date could be used, however, a reasonable period of time would be needed. Commissioner Rosenbloom inquired as to the cost to replace all of the city-owned signs and Commissioner Meserve provided information from a previous agenda packet stating approximately $27,000.00. A brief discussion ensued concerning replacement of existing signs. City Manager Jarboe suggested $27,000.00 be placed in next year's budget to replace all of the signs at one time. Commissioner Rosenbloom stated he would vote for the ordinance, but did not want to replace all of the signs at one time. Amendment to the motion: Grandfather in existin sins and MESERVE x g g REED X X replace existing signs as they deteriorate. ROSENBLOOM X X SHAUGHNESSY X Some further discussion ensued concerning compliance and it was the FLETCHER X consensus of the Commission that the existing signs be replaced at the discretion of staff. There was no further discussion and the motion as amended carried unanimously. 7. New Business: A. Award contract to Lady J Construction for Asphalt Repair Work pursuant to the specifications of Bid No. 9697-3 v V NAME OF Minutes Page -9- COMMAS. MS Y N February 10, 1997 Motion: Award contract for asphalt repair work pursuant to MESERVE X X the specifications of Bid No. 9697-3 to LadyJ. Construction. REED X P ROSENBLOOM X SHAUGHNESSY X X City Manager Jarboe reported the city had checked the references of FLETCHER X Lady J. Construction and received good reports concerning pothole repair. It was further reported the company did not have the equipment to do heavy overlays, but overlays were not part of this project. J. P. Marchioli requested Commission consideration of having Lady J. Construction construct an asphalt walkway in Howell Park from the entrance to the little bridge. There was no discussion and the motion carried unanimously. B. Discussion and related action in connection with request from Leila Mousa, Principal of Duncan U. Fletcher High School, to enact legislation regarding under age smoking on or near school property City Manager Jarboe stated a letter had been received from Leila Mousa, Principal of Fletcher High School, requesting each Beach city adopt an ordinance prohibiting possession of tobacco by a person under the age of eighteen. City Manager Jarboe further stated the city would like to show support for Ms. Mousa and her efforts at the High School, but questioned the need for the ordinance related to smoking on school grounds considering Atlantic Beach has only an elementary school. Commissioner Shaughnessy inquired if the ordinance was adopted, who would pay the fme mentioned in the letter. Public Safety Director Thompson stated the parents would be responsible, but he felt many fines would go unpaid. When asked his opinion, Director Thompson stated he did not encourage anyone to smoke, but believed this type of ordinance was not necessary in Atlantic Beach. Mayor Fletcher stated he believed it was a parental responsibility to monitor the activities of their children, and considering the State law against the sale of tobacco to minors and the fact there was only an elementary school in Atlantic Beach, the ordinance was not needed. Commissioner Rosenbloom stated he supported adoption of the V V NAME OF Minutes Page -10- COMMRS. MS Y N February 10, 197T ordinance because he believed it would send a message the City of Atlantic Beach is taking a proactive role to discourage smoking and enforcement would send a clear signal of what Atlantic Beach is all about. After some further discussion, it was the consensus of the Commission to present a resolution at the next Commission Meeting supporting Principal Mousa's position. C. Discussion and related action in connection with non-union general employees pay plan City Manager Jarboe recommended that the General Employees (non- union employees) receive a one-half percent increase above that of the settlement with the Public Works Union, which would result in a one and one-half percent (1.5%) increase and requested authorization to implement the increase retroactive to October 1, 1996. ME X Motion: Approve recommended pay increase of 1.5% for REEDRVE X x x General Employees retroactive to October 1, 1996. ROSENBLOOM x SHAUGHNESSY X Commissioner Meserve stated he believed this was a fair thing to do to FLETCHER X thank the non-union staff. Commissioner Reed concurred with Commissioner Meserve and inquired as to the cost of implementing the increase. City Manager Jarboe stated it would cost approximately $12,672.00 for the current fiscal year. There was no further discussion and the motion carried unanimously. D. Award contract for Annual Janitorial Service at city facilities, pursuant to the specifications of Bid No. 9697-4, to Duval Janitor Service in the amount of$36,300.00 Motion: Award annual janitorial service at city facilities MESERVE x x pursuant to specifications of Bid No. 9697-4 to Duval Janitor REED X ROSENBLOOM X X Service in the amount of$36,300.00. SHAUGHNESSY X FLETCHER X Commissioner Shaughnessy requested Bid Specifications be included in future agenda packets. V V NAME OF Minutes Page -11- COMMRS. MS Y N -February fie, 1-995 There was no discussion and the motion carried unanimously. 8. City Manager Reports and/or Correspondence: Mayor Fletcher reported he had spoken with Mayor Delaney of the City of Jacksonville and was told the City would be receiving $200,000 in barge canal monies in the very near future. City Manager Jarboe stated this year's payment of$85,000.00 would also be forth coming. City Manager Jarboe stated he would present his State of the City Address at the next Commission Meeting. 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk Mayor Fletcher reported the rewritten zoning ordinance should be ready for presentation the first meeting in March, and requested copies of the ordinance be available to the public. Mayor Fletcher also reported 97% of Atlantic Beach residents participated in the City's recycling program during 1996. There being no further discussion or business to co I-. -fore the Commission, the meeting adjourned at 9:00 PM. Ai /po /- L tcher Mayor/Presiding Officer ATTEST: fl au Ma reen King, CM 0 City Clerk