09-11-95 v CITY OF ATLANTIC BEACH
September 11, 1995
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of August 28, and Special
Called Meeting of September 5, 1995
2. Recognition of Visitors:
A. Presentation of Proclamation declaring the week of September 11, 1995, as
Friends of the Beaches Library Book Sale Week
3. Unfinished Business:
A. Discussion and related action relative to existing restroom building in Donner Park
(Commissioner Shaughnessy)
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.
4. Consent Agenda:
A. Acknowledge receipt of Public Works Projects Status Report (Bob Kosoy)
B. Acknowledge receipt of Building Department Report for August, 1995 (Don
Ford)
C. Acknowledge receipt of Code Enforcement Report for August, 1995 (Don Ford)
D. Acknowledge receipt of Recreation Facilities Usage Report for August 1995
(Timmy Johnson)
E. Reject all bids received under Bid No. 9495-20 for construction of Donner Park
Community Center, and authorizing readvertising the project (Timmy Johnson)
5. Action on Resolutions:
A. Adoption of Resolution No. 95-25 adopting an investment policy for city funds
(Ann Meuse)
**Amended to delete Item 7G**
Page Two
Agenda - September 11, 1995
B. Adoption of Resolution No. 95-26 adopting disclosure procedures related to ex
parte communications with public officials in accordance with newly adopted
Section 286.0115 , Florida Statutes
6. Action on Ordinances:
A. Introduction and first reading of ordinance No. 35-95-9 to require that investments
of city funds be made according to an investment policy(Ann Meuse)
7. New Business:
A. Adoption of tentative millage rate of 3.1721 for fiscal year 1995/96
B. Public hearing on operating budget for fiscal year 1995/96
C. Authorize City Manager to execute contract with Connelly& Wicker for
engineering services in connection with water line extension from Selva Marina
Drive to Oceanwalk (Bob Kosoy)
D. Authorize payment of Pace Construction Company invoice in the amount
of$21,715.01 for construction of a meter vault box at the Sea Turtle Inn(Bob
Kosoy)
E. Appointments to the Code Enforcement Board
F. Authorize asphalt paving of West Plaza, Begonia, Tulip and Carnation Streets in
Section H (Bob Kosoy)
8. City Manager Reports and/or Correspondence
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk:
A. Discussion relative to barricading and signage in streets (Commissioner Weiss)
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 who wishes to speak to the City Commission on any matter at this meeting should
submit a request to the City Clerk prior to the meeting. Forms for this purpose are available at
the entrance to the Commission Chambers.
** Amended to delete Item 7G**
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, O O
T T
AT 7:15 PM ON MONDAY, SEPTEMBER 11, 1995 E E
D D
PRESENT: Lyman T. Fletcher, Mayor
Steven Rosenbloom M S
Suzanne Shaughnessy 0 E
J. Dezmond Waters, III, and T C
Robert G. Weiss, Jr., Commissioners I 0 Y
NAME OF ON EN
AND. Kim D. Leinbach, City Manager COMMRS. N D S 0
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order by Mayor Fletcher. The invocation was
followed by the pledge to the flag.
Mayor Fletcher announced agenda Items 3A and 7G would be withdrawn
from the Agenda.
1. Approval of the minutes of the Regular Commission Meeting of
August 28, 1995 and Special Called Meeting of September 5,
1995
Motion: Approve minutes of the regular meeting of
August 28, 1995
The question was called and the motion carried unanimously.
Motion: Approve Special Called Meeting of September 5,
1995
Maureen King, City Clerk, passed out an amended second page of the
minutes of September 5, 1995 (copy attached hereto and made a part hereof
Exhibit A). She explained the amendment clarified specific language.
No discussion before the vote. The motion carried unanimously.
2. Recognition of Visitors
A. Presentation of Proclamation declaring the week of September
11, 1995, as Friends of the Beaches Library Book Sale
Mayor Fletcher read the Proclamation in its entirety and he urged citizens to
support the book sale.
V V
NAME OF
Minutes, Page 2 COMMAS. MS Y N
Scptcnibci 11, 1995
Ruth Gregg inquired regarding the status of the Wonderwood Expressway.
Mayor Fletcher explained the project was moving ahead and the Department
of Transportation was committed to completing the job.
William McGee read from a statement he prepared and distributed to the
Commission dated September 11, 1995 indicating his recommendations
regarding stormwater and sewage disposal (attached hereto and made a part
hereof-Exhibit B). Mayor Fletcher asked Kim Leinbach, City Manager, to
carefully consider the recommendations of Mr. McGee.
Louis Mac Donnell inquired regarding the legal order recently issued
relative to the Selva Linkside lawsuit. Mr. MacDonnell asked the
Commission to take a second look at the plan,for residential property. Alan
Jensen, City Attorney, explained the city's response would be filed in a
timely fashion. He explained the action the Commission had taken was final,
and the lawsuit had been filed by Mr. Mac Donnell's attorney. He further
explained the city would respond as to why the petition should not be
granted.
Kurt Sanders inquired concerning why Tiffany by the Sea had been allowed
to remove so many trees, and he inquired concerning an agreement with the
developer to plant more trees. Mayor Fletcher directed Kim Leinbach to
look into the matter and to report back to the Commission.
Barbara Bonner referred to recent flooding and drainage problems and
suggested the city consider placing a moratorium on building new homes
until the drainage problems were addressed. Mayor Fletcher indicated the
city would look into the matter.
Ms. Gillyard, 60 Simmons Road, complained that a ditch between Simmons
and Francis Avenue needed maintenance. Kim Leinbach indicated the city
was working on acquiring an easement so the city would have access to
maintain the ditch.
Vern Weatherford, 371 9th Street, complained of standing water and
mosquitoes on his property. A discussion ensued concerning the possibility
of the city pumping water from the 9th Street neighborhood. Bob Kosoy,
Public Works Director, explained he did not have the staff to dedicate to
private property. It was explained unless water was going into someone's
front door the city did not pump the water, as workers would be tied up for
V V
NAME OF
Minutes, Page 3 COMMAS. MS Y N
September 11, 1995
an entire day and this would constitute 40 percent of the city's work force
on private property. Mayor Fletcher explained the mosquito problem was of
concern to him. He asked staff to address the matter of pumping the water
if it was thought to be a public health nuisance
It was explained the city was addressing the drainage needs of the
community and that problems would be fixed in the near future.
Dan Arlington expressed support for the Fire Department.
Jim Lucas commended the Commission for taking the time to cautiously
plan for long term needs.
Jim Ewing, 1280 Tulip Street, requested police patrols on Begonia and
Tulip Streets. Chief Thompson indicated he would contact Mr. Ewing.
Dan Myer, 1200 Tulip Street, requested streets lights on existing poles.
This was turned over to the City Manager.
3, Unfinished Business:
A. Discussion and related action relative to existing restroom
building in Donner Park(this was withdrawn from the agenda)
4. Consent Agenda:
A. Acknowledge receipt of Public Works Projects Status Report
B. Acknowledge receipt of Building Department Report for August
C. Acknowledge receipt of Code Enforcement Report for August,
1995
D. Acknowledge receipt of Recreation Facilities Usage Report for
August 1995
E. Reject all bids received under Bid No. 9495-20 for construction
of Donner Park Community Center, and authorizing
readvertising the project
Commissioner Weiss requested that Consent Agenda Item E be withdrawn
from the Consent Agenda.
E. Reject all bids received under Bid No. 9495-20 for construction
of Donner Park Community Center, and authorizing
readvertising the project
V V
NAME OF
Minutes, Page 4 COMMRS. MS Y N
September 11, 1995
Commissioner Weiss indicated he was disappointed that the lowest bid was
$234,375, when the commission had hoped to complete the project for
between $160,000 and $170,000. Other commissioners indicated their
disappointment as well, and the architect was asked to redesign the project
so that it could be rebid. Commissioners expressed concern relative to the
city's process on bidding, and they indicated their desire to review the
process at the next meeting. Concern was expressed that after the
commission gave their initial consent to the architect, the project went out to ROSENBLOOM X
bid without coming back to the commission for review. SHAUGHNESSY X
WATERS X X
Motion: Approve passage of Consent Agenda WEI S S X X
r'LETCHER X
The question was called and the motion carried unanimously.
5. Action on Resolutions:
A. Adoption of Resolution No. 95-25 adopting an investment policy
for city funds
It was decided to defer action on the resolution until the next meeting at
which time Ordinance 35-95-9 would be on the agenda for action.
B. Resolution 95-26 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, ADOPTING DISCLOSURE
PROCEDURES RELATED TO EX PARTE
COMMUNICATIONS WITH PUBLIC OFFICIALS IN
ACCORDANCE WITH NEWLY ADOPTED SECTION
286.0115, FLORIDA STATUTES, AND PROVIDING AN
EFFECTIVE DATE
Mayor Fletcher presented in full in writing Resolution No. 95-26.
ROSENBLOOM X
Motion: Approve passage of Resolution No. 95-26 NESSY X X
WAATERSTERSX
WEISS X X
Following a brief discussion, the question was called and the motion carried FLETCHER X
unanimously.
6. Action on Ordinances:
A. Ordinance No. 35-95-9 - First Reading
V V
NAME OF
Minutes, Page 5 COMMRS. MS Y N
September 11, 1995
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE IV, DEPARTMENTS, DIVISION 4, DEPARTMENT OF
FINANCE, SEC. 2-73, INVESTMENT OF FUNDS, TO REQUIRE
SUCH INVESTMENTS BE MADE ACCORDING TO AN
INVESTMENT POLICY,AND PROVIDING AN EFFECTIVE DATE
Mayor Fletcher presented in full, in writing, Ordinance No. 25-95-27. ROSENBLOOM X
SHAUGHNESSY X X
Motion: Approve passage of Ordinance No. 35-95-9 on first WATERS X
reading and set public hearing on September 25, 1995 WEISS X X
FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously.
7. New Business:
A. Adoption of tentative millage rate of 3.1721 for fiscal year
1995/96
B. Public hearing on operating budget for fiscal year 1995/96
Mayor Fletcher explained the first item to be considered was the adoption of
the tentative millage rate of 3.1721. He explained the rolled back rate for
1995/96 was 3.7397, and that the tentative millage was 15.18 percent lower
than the rolled back rate. ROSENBLOOM X
SHAUGHNESSY X X
Motion: Adopt tentative millage rate of 3.1721 for fiscal year WATERS X
1995/96 WE I S S X X
FLETCHER X
Mayor Fletcher opened the floor for a public hearing concerning the
tentative millage adoption and invited comments from the audience.
Since no one wished to speak the Mayor closed the public hearing.
No discussion before the vote. The motion carried unanimously.
B. Public hearing on operating budget for fiscal year 1995/96
Mayor Fletcher explained the second item to be considered was the total
operating budget being proposed for 1995/96 of$32,133,676.
V V
NAME OF
Minutes, Page 6 COMMRS. MS Y N
Scptcmbcr 11, 1995
ROSENBLOOM X
S3AUGHNESSY X X
Motion: Adopt Tentative Budget for fiscal year 1995/96 WATERS x
WEISS X X
FETCHER X
Mayor Fletcher opened a Public hearing on adopting the tentative budget for
fiscal year 1995/96. He explained the final public hearing would be set by
the City Manager.
Ruth Gregg inquired regarding the amount of money that had been
allocated for Howell Park renovations. The City Manager reported
$200,000 had been budgeted. When asked to explain the degree of
maintenance that would be necessary to renovate Howell Park the City
Manager explained the park had deteriorated, wood had rotted, and so
forth.
Vern Weatherford inquired as to the maintenance of new parks and the
Mayor indicated the city was pursuing grant funds.
Cindy Corey felt parks had been neglected, and that some of the equipment
in various parks was antiquated. She indicated the Parks and Recreation
Board recommended $100,000 for renovations to Howell Park, only, with
the rest of the funds to be used for various other parks.
Dorothy Kerber inquired regarding transfer of funds from the Utility Fund
to General Fund, and Ann Meuse explained the city's budget process
regarding this matter.
Since no one wished to speak further the Mayor closed the public hearing.
The Mayor invited the Commission to discuss the matter. A discussion
ensued regarding the $200,000 that was allocated for renovations to Howell
Park and it was felt by some commissioners that the Parks and Recreation
budget should be spread over a variety of parks and not on Howell Park,
only. Following discussion, Staff was instructed to amend the budget by
deleting reference to Howell Park, and to change to "park improvements."
A discussion ensued concerning having a three percent across-the-board cost
of living allowance spread more equitably among all employees. Whereas
some Commissioners supported the idea of spreading the three percent
more equitably, other Commissioners felt this would penalize higher paid
employees. The City Manager was directed to look into this before the next
meeting. The City Manager pointed out that the discussion referred to non-
union employees, only.
V V
NAME OF
Minutes, Page 7 COMMAS. MS Y N
September 11, 1'' -
The question was called and the motion carried unanimously.
Agenda item 7F was taken out of sequence and acted upon.
F. Authorize asphalt paving of West Plaza, Begonia, Tulip and
Carnation Streets in Section H.
Kim Leinbach reported the city was issued the appropriate permit by the St.
John's River Water Management District to pave road surfaces with hot
asphaltic paving material. The following people spoke relative to problems
they felt they had with reference to poor road conditions in Section H: Ron
Schiebler, 1042 Tulip St., Emily Cheek, 1321 Gladiola Street, Glorida
McLaughlin, and Jim Ewing, 1280 Tulip Street. ROSENBLOOM X X
SHAUGHNESSY X
Motion: Approve asphalt paving of dirt roads in Section H WATERS X X
wEISS X
FLETCHER X
Following a brief discussion the question was called and the motion carried
unanimously. Staff recommendation attached herewith.
C. Authorize City Manager to execute contract with Connelly &
Wicker for engineering services in connection with water line
extension from Selva Marina Drive to Oceanwalk
Bob Kosoy explained the city had received a proposal from the firm of
Connelly& Wicker, Inc. to provide: Topographic surveying for $1,375,
design and permitting phase services for $2,750, construction phase services
for $2,500, and, if required, a proposal to complete the dredge and fill
permitting for $2,000.00.
A discussion ensued concerning whether or not this would improve pressure,
to which Mr. Kosoy explained he felt it would increase pressure. Oceanwalk
Homeowners Association agreed to donate plans to the consultant, and to
work with Mr. Kosoy regarding the easement.
ROSENBLOOM X
Motion: Accept lump sum, not to exceed proposal of$8,625.00 SHAUGHNESSY X X
top complete, design, permitting, bidding and construction WATERS X X
phases of the waterline extension to Oceanwalk project. (Design FLETCHER X
fees to be reimbursed from proposed financing.)
Following a brief discussion the question was called and the motion carried
unanimously.
V V
NAME OF
Minutes, Page 8 COMMAS. MS Y N
Septembcr 11, 1995
D. Authorize payment of Pace Construction Company invoice in
the amount of$21,715.01 for construction of a meter vault box
at the Sea Turtle Inn
Bob Kosoy explained due to changes in the vault size, bottom, lid and finish
work, the adjusted invoice was in the amount of$26,209.61. He explained
the vault box was constructed to afford city personnel safe and dry access to
the water meters for the Sea Turtle Inn. The original purchase order
anticipated constructing a much smaller vault box. He explained the project
had been much more extensive than originally proposed, but that the vault
would eliminate the need for excavation when work needed to be done in the
future. ROSENBLOOM X
SHAUGHNESSY X X
Motion: Authorize payment of Pace Construction Company WATERS X
invoice in the amount of$26,209.61 for construction of a meter WE I S S X X
vault box at the Sea Turtle Inn FLETCHER X
Under discussion it was felt by some Commissioners that the Commission
should have been advised earlier of the cost overrun. It was felt a project
that started out to cost $5,000 should not have cost overruns to the extent of
$26,209.61. The commission indicated it would like to have a better
explanation of why the cost overruns occurred.
The question was called and the vote resulted in 3-2 with Commissioners
Shaughnessy, Rosenbloom, and Mayor Fletcher voting nay. The motion
failed.
E. Appointments to the Code Enforcement Board
Mayor Fletcher nominated Richard Mann to be reappointed to fill a vacancy
on the Code Enforcement Board for a four year term. The Commission
indicated their approval of the nomination of Mr. Mann
Mayor Fletcher nominated Kathleen Russell to be reappointed to the Code
Enforcement Board for a four year term. The Commission indicated their
approval of the nomination of Kathleen Russell.
The Mayor indicated there was one more vacancy on the Code Enforcement
Board and one vacancy on the Community Development Board and he asked
the Commission to consider possible nominations to be considered at the
next meeting.
V V
NAME OF
Minutes, Page 9 COMMRS. MS Y N
Scptcmber 11, 1995
F. Authorize asphalt paving of West Plaza, Begonia, Tulip and
Carnation Streets in Section H (this was acted upon earlier in the
agenda)
G. Authorize execution of lease agreement with P.C.S. to locate an
antennae on the water tower (The Mayor announced at the
beginning of the meeting that this agenda item would be
withdrawn from the agenda)
Mayor Fletcher asked John Meserve to give a report relative to the revision
of the tree ordinance. Mr. Meserve reported the committee would probably
complete their task in about two weeks, and the Commission would receive
a working draft of the ordinance. Commissioner Weiss questioned whether
the committee had been given the proper direction from the Commission.
He felt the proposed ordinance was more complicated and complex than that
which had been presented to the commission some time ago and
subsequently failed. He felt the ordinance was too intrusive and took too
many rights from property owners. Mr. Meserve indicated the committee
was still working on the ordinance and that it was premature to accept or
reject it at this point.
8. City Manager Reports and/or Correspondence
Kim Leinbach reported staff had a meeting with the Department of
Environmental Protection (DEP). He indicated the DEP was receptive
to the city's position and that no consent order or fines would be made
against the city.
9. Reports and/or request from City Commissioners, City
Attorney. and City Clerk:
Commissioner Shaughnessy reported she had attended a Beaches& Shore
Conference in the Palm Beach area, and that water and sewer problems were
experienced in that area similar to the experiences of Atlantic Beach.
Commissioner Weiss
. . .felt that barricade situations in emergency situations needed to be
improved upon.
. . . felt that security could be improved upon in the City Hall, to which the
City Manager explained plans were being made to restrict free access
V V
NAME OF
Minutes, Page 10 COMMRS. MS Y N
September 11, 1995
throughout the city.
Commissioner Waters referred to Bill Morgan and an agreement with the
city for storm sewer at 19th Street. Mr. Kosoy indicated he would meet
with Mr. Morgan.
There being no further business the Mayor adjourned the meeting at
11:10 p. m.
yman T. Fletcher
Mayor/Presiding Officer
ATTEST:
)kJAAi
M reen King
City Clerk
0/to Givvr
- / - 61S-
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM : Asphalt Paving of Dirt Roads in Section "H"
SUBMITTED BY: Robert S. Kosoy/Director of Public Works Or
DATE: 9/7/95
BACKGROUND: The current maintenance and expense after a
moderate rainfall for West Plaza , Begonia , Tulip and
Carnation Streets requires 100 tons of limerock at
approximately $1 ,000 per 100 tons . This cost does not
include normal maintenance of approximately 15 tons of
limerock monthly . By factoring in labor costs and equipment
requirements , this maintenance easily amounts to $7 , 000 to
$10 ,000 annually.
We currently completed requirements bySt .
Management District (SJRWMD) for "Dust John 's River Control " Permitting
which included submission of aerial photos , topographical
maps , plat maps and a site review by SJRWMD engineers . We
were issued the appropriate permit
(copy
road surfaces with hot asphaltic pavingenmateeloriaed) to pave
al .
Since this is not a complete infra-structure project which
would cost in excess of $100 , 000 , we feel a "special
assessment" should not be required. The savings for
materials and maintenance should pay for the cost of the
paving within two years .
ATTACHMENTS : - Copy of Dust Control Permit
- Detail Cost of Paving Based on Price Quote
From Duval Aspha
REVIEWED BY CITY MANAGER: 1 1
AGENDA ITEM NO. :
,0 6e 42,6"a.1-7ec,/ acs./ opit Ga s rax Fuad
(. 00 0000 - ssl AccouHf Ala. "4" 2/ Coo
EX h, />, f•
/1
indicated repayment of the loan would be from the existing rate structure and would not require
any rate increases or new taxes.
Mr. Cahalan requested that the City Commission authorize an independent engineering study and
grant permission to solicit proposals from financial institutions. Discussion ensued and
Commissioner Shaughnessy inquired into the advisability of performing the engineering study
before it had been requested by a prospective lender. Mr. Cahalan indicated that lending
institutions routinely require engineering studies in transactions of this nature and he felt it would
be in the city's best interest to undertake such a study at this time.
Discussion ensued and it pointed out the city currently had a $10 million loan with Barnett Bank
and it was felt by some that the city should negotiate with Barnett Bank to modify or increase the
amount of that loan, and possibly, preclude the need for seeking further proposals. Ann Meuse
reported, however, that Barnett Bank officials had indicated that they could not negotiate the
existing loan further because of the Consultants Competitive Negotiation Act, but would be happy
to submit a proposal in response to an RFP.
Following further discussion, Commissioner Rosenbloom moved to authorize staff to seek
proposals from financial institutions to provide financing for storm water, sewer and water
projects and general government capital improvements. The motion was seconded by
Commissioner Weiss and was unanimously approved.
Commissioner Rosenbloom moved to seek an engineer to undertake an independent study
in accordance with the recommendations of the Financial Advisor, the selection, terms and
cost of which would be brought back to the City Commission for approval. The motion
was seconded by Commissioner Weiss.
Jim Jarboe pointed out the city already had continuing contracts with Smith& Gillespie, Gee &
Jenson and Pitman& Hartenstein and either of these firms could be authorized to undertake such
a study. In response to a question regarding when the engineering report would be required, Mr.
Cahalan indicated the report would be required prior to issuance of the debt. Following further
discussion, the question was called and the motion carried unanimously.
There being no further business to come before the City Commission, the Mayor declared the
meeting adjourned at 7:45 PM..
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST:
j
Maureen King, CMC '1
City Clerk
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