07-13-94 v ATLANTIC BEACH CITY COMMISSION
July 13, 1994
AGENDA
•
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of June 27,
Special Called meeting of July 5, and Special Called Shade
Meeting of July 5, 1994.
2. Recognition of Visitors
a. Nick Nicholson with status report relative to proposed
aquatic center
b. N. Hugh Mathews requesting consideration of an appeal of
a decision rendered by the Tree Conservation Board on
July 5
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.
3. Consent Agenda:
a. Acknowledge receipt of Water and Sewer Committee Report
#15
b. Acknowledge receipt of Code Enforcement Activity Report
for the month of June
c. Acknowledge receipt of Recreation Department Facilities
Usage Report for month of June
d. Acknowledge receipt of Building Department activity
report for month of June
e. Award of contract( s ) for rehabilitation of houses at 125
Donner Road, 24 Ardella Road, 64 Jackson Road, and 1505
Jordan Road, under Bid No. 9394-12
f. Authorization to declare surplus and invite sealed bids
to sell five mobile homes at Maybrook Trailer Park
4. New Business:
a. Appointment to fill vacancy on Recreation Advisory Board
b. Set tentative millage rate for fiscal year 1994/95
c. Discussion and subsequent action relative to renewal of
contract with Waste Management for recycling
5. City Manager Reports and/or Correspondence:
a. Report relative to Park Street drainage project
• 6. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
Adjournment
V V
O O
T T
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY E E
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 D D
PM ON WEDNESDAY, JULY 13, 1994
PRESENT: Lyman T. Fletcher, Mayor M S
Steve Rosenbloom 0 E
Robert G. Weiss , Jr. Commissioners T C
I O Y
AND: Kim D. Leinbach, City Manager NAME OF ONEN
Alan C . Jensen, City Attorney COMMRS. N D S 0
Maureen King, City -clerk
ABSENT: Suzanne Shaughnessy
J. Dezmond Waters , III
The meeting was called to order by Mayor Fletcher. The
invocation was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting
of June 27, 1994 and special called meeting of
July 5, 1994
ROSENBLOOM X X
Motion: A WEISS X X
pprove minutes of the regular FLETCHER X
meeting of June 27, 1994
No discussion before the vote. The motion carried
unanimously.
ROSENBLOOM X X
Motion: Approve minutes of the special called WEISS X X
meetings of July 5, 1994 FLETCHER X
No discussion before the vote. The motion carried
unanimously.
2. Recognition of Visitors :
a. Nick Nicholson with status report relative to
proposed aquatic center
Nick Nicholson introduced Nancy Brawner, Northeast
Florida Aquatic Center, who reported Jacksonville Beach
had donated a ten acre track of land for building the
proposed aquatic center. She indicated the center would
include three indoor pools , a gym track, and other
facilities that would provide a suitable location for
national competition as well as community activities .
She asked the Commission to adopt a resolution indicating
the interest of Atlantic Beach. It was explained the
estimated cost of the facility would be $20 million
dollars , and funds would be obtained via private funding.
Mr. Nicholson explained it was the intent to have
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July 13 , 1994
citizens use the facility for various functions for a
' very nominal fee. ROSENBLOOM X X
WEISS X X
Motion: Draft resolution in support of FLETCHER X
proposed aquatic center
Alan Potter reminded everyone that the Beaches Aquatic
Center taught swimming lessons .
The question was called and the motion carried
unanimously.
b. N. Hugh Mathews requesting consideration of an appeal
of a decision rendered by the Tree Conservation Board
on July 5, 1994
N. Hugh Mathews, 1978 Brista Del Mar Circle , owner of Lot
21 , Oceanwalk, Unit 3 , indicated he had appeared before
the Atlantic Beach Tree Board, Tuesday, July 5 , 1994. He
provided a sketch of the lot and the footprint of a
proposed home , indicating the trees that would remain on
the lot after the home was built. He explained the Tree
Board indicated that 17 protected trees had to be
replaced by Mr. Mathews . He explained after the house
and driveway were built there would be a balance of eight
trees and eight palm trees remaining on the lot and thus
there was no room for the additional trees . He felt it
would cost approximately $2 , 000 to replace the trees . He
questioned whether the Tree Board had the legal authority
to require mitigation.
The Mayor felt the matter should be deferred until the
meeting of July 25, 1994 at which time he suggested the
Tree Board attend the meeting and the City Attorney
review the minutes of the meeting of the Tree Board.
After discussion, however, it was felt by other
Commissioners that the matter should be acted on. The
City Attorney felt the ordinance did not spell out
mitigation and it was suggested that the language be
examined with the assistance of the Tree Board.
Commissioner Rosenbloom questioned whether Mr. Mathews
should be required to mitigate . He did not feel Mr.
Mathews should have to spend approximately $2 , 000 to
replace trees , when perhaps a neighbor might not have any
trees and thus would not incur any cost whatsoever. ROSENBLOOM X X
Motion: Relieve Mr. Mathews of all mitigation WEISS X X
relative to 1978 Brista Del Mar Circle, a/k/a Lot FLETCHER X
21 , Oceanwalk, Unit 3
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Mayor Fletcher felt the matter should be delayed until
the meeting of July 25 , 1994 .
Commissioner Weiss felt the ordinance, specifically the
language pertaining to mitigation, should be examined at
the meeting of July 25, 1994 .
The question was called and the vote resulted in 2-1 with
Mayor Fletcher voting nay. The motion carried.
3. Consent Agenda:
a. Acknowledge receipt of Water and Sewer Committee
Report #15
b. Acknowledge receipt of Code Enforcement Activity
Report for the month of June
c. Acknowledge receipt of Recreation Department
Facilities Usage Report for month of June
d. Acknowledge receipt of Building Department activity
report for month of June
e. Award of contract (s) for rehabilitation of houses at
125 Donner Road, 24 Ardella Road, 64 Jackson Road,
and 1505 Jordan Road, under Bid No. 9394-12
f. Authorization to declare surplus and invite sealed
bids to sell five mobile homes at Maybrook Trailer
Park
Mayor Fletcher requested that Item e be removed from the
Consent Agenda.
e. Award of contract (s) for rehabilitation of houses at
125 Donner Road, 24 Ardella Road, 64 Jackson Road,
and 1505 Jordan Road, under Bid No. 9494-12
Kim Leinbach, City Manager, reported one of the bidders
in the housing rehabilitation project, Custom
Construction by Harris , had requested to withdraw his bid
due to economic conditions . Staff spoke to the next
lowest bidder, Performance General Contractors , who
agreed to perform the work at 64 Jackson Road, for the
same price as the low bidder, $18 , 220 . 00 .
It was agreed by the Commission that Performance General
Contractors would perform the work at 64 Jackson Road for
$18 , 220. 00.
Commissioner Weiss felt the language contained in the bid
documents relative to contractors was not clear and he
asked the City Manager to review the language and
implement changes to make it more clear so that
contractors would have a clear understanding of what was
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July 13 , 1994
required by the city. ROSENBLOOM X X
WEISS X X
Motion: Approve passage of the entire consent FLETCHER X
agenda
No discussion before the vote . The motion carried
unanimously.
Mayor Fletcher referred to Ordinance No. 10-94-18 - AN
ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
SEC. 3-11 OF THE CODE OF ORDINANCES TO ALLOW CONSUMPTION
OF ALCOHOLIC BEVERAGES ON PUBLIC PROPERTY WITH PERMISSION
FROM THE CITY COMMISSION, AND PROVIDING AN EFFECTIVE
DATE.
Mayor Fletcher announced a public hearing would be held
on July 25, 1994 on Ordinance 10-94-18 . He felt the
ordinance should be amended to allow consumption of only
beer and wine. The City Manager was asked to insure that
the passing of the ordinance not have a negative impact
on the city' s insurance.
Mayor Fletcher referred to Ordinance No. 60-94-8 - AN
ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES , SIGNS AND
ADVERTISING STRUCTURES, CLARIFYING AND MODIFYING
REQUIREMENTS REGARDING REAL ESTATE, DIRECTIONAL AND
POLITICAL SIGNS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher announced a public hearing would be held
on July 25, 1994 on Ordinance 60-94-8 . A brief
discussion was held and it was explained the ordinance
would allow placement of political signs on private
property, but would not allow political signs on public
property.
5. New Business:
a. Appointment to fill vacancy on Recreation Advisory
Board
Mayor Fletcher nominated Jane Tanner to fill a vacancy on
the Recreation Advisory Board.
ROSENBLOOM X
Motion: Appoint Jane Tanner to fill vacancy on WEISS X X
Recreation Advisory Board FLETCHER X X
No discussion before the vote . The motion carried
unanimously.
Mayor Fletcher asked Maureen King, City Clerk, to write
a letter to Jane Tanner notifying Ms . Tanner of her
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July 13 , 1994
appointment .
Mayor Fletcher advised the terms of Messrs . Fagan and
Bass would be expiring in October and thus there would be
two vacancies on the Board.
b. Set tentative millage rate for fiscal year 1994/95
Mayor Fletcher explained setting the tentative millage
rate was the first step in the budgetary process for the
City. He explained it was necessary to set a tentative
millage rate under the TRIM Bill to meet legal
requirements . The final millage rate will be set in the
final budget hearing and the millage rate that was set at
tonight ' s meeting can not be increased, but can only be
decreased. The Mayor indicated the current millage was
3 . 1721 mills and he suggested setting the new millage
rate at 3 . 7721 . He further suggested that the additional
.6 mills be used exclusively for the addition of park
lands , with funds to be deposited in a trust fund for
that purpose , only.
ROSENBLOOM X
Motion: Set millage rate for fiscal year WLETS X X
FLETCHER at 3.7721 mills x X
Commissioner Rosenbloom indicated he agreed that the
millage rate should be at 3 . 7721 mills , but he suggested
that the utilization of the additional . 6 mills be
decided at a later meeting, rather than allocating all
the funds for park land, only. He felt that if in the
event an unforseen financial matter should arise, the
city might need to utilize the extra funds and if the
funds were allocated to park lands , only, the city might
find itself in a financial bind.
During discussion it was felt by some people that the
funds should be used for park lands , only, while others
felt a portion of the funds should be held back in the
event it could be used for another use to benefit the
citizens .
The question was called and the vote resulted in 2-1 with
Commission Rosenbloom voting nay. The motion carried.
There will be two Public Hearings : one will be held on
September 12 , 1994 and the final Public Hearing will be
held on September 26, 1994 .
c. Discussion and subsequent action relative to renewal
of contract with Waste Management for recycling
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July 13 , 1994
Jim Jarboe, Deputy City Manager, explained the current
contract with Waste Management for recycling had
expired. Staff recommended renewing the contract for an
additional two years but with option to terminate the
contract giving Waste Management a 60 day notice . He
explained this would give the city flexibility in the
event it was decided to change to private garbage
services . ROSENBLOOM X X
WEISS X X
Motion: Accept recommendation of staff to renew FLETCHER X
contract with Waste Management for two years but
with the option of terminating the contract with 60
days notice.
The City Attorney was asked if he had reviewed the
contract and Alan Jensen explained the recommendation was
to extend the existing contract for two years with the
only change being the termination clause. He indicated
he had reviewed the existing contract and everything was
in order.
The question was called and the motion carried
unanimously.
Mayor Fletcher announced the city had received its
monthly report from Waste Management relative to
recycling and the percentage of participation was 90
percent .
6. City Manager Reports and/or Correspondence:
a. Report relative to Park Street drainage project
It was reported 65 percent of the job had been completed,
and that approximately $12 , 000 had been spent . Work was
ahead of schedule , and it was felt approximately $10 , 000
would be saved. Jim Jarboe reported the drainage was
already working and the quality of work was better than
if the work had been accomplished by private contractors .
Commissioner Weiss felt the city should do something for
employees in appreciation for this work.
7. Reports and/or requests from City Commissioners, City
Attorney and City Clerk:
Commissioner Weiss referred to the 12th Street
beautification project and he indicated cost of a
handicapped ramp would be higher than estimated, at
approximately $8 , 000 . He suggested perhaps money could
be raised for material, with city crews doing the work.
" Commissioner Weiss was asked to meet with the City
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July 13 , 1994
Manager regarding the matter, and to come back to the
Commission with recommendations .
Commissioner Weiss indicated he had received complaints
regarding dog droppings on the beach.
Commissioner Rosenbloom reported he had met with City
Managers from Neptune Beach and Jacksonville Beach to
discuss privatizing the city' s garbage service. He felt
much was accomplished at the meeting and he indicated the
City Managers planned to meet with their respective City
Councils to discuss the possibility of the beaches '
communities having collective private garbage service.
This will be discussed next September. Mayor Fletcher
suggested Commissioner Rosenbloom contact Scott Kelly of
the City of Jacksonville with any questions he may have
in this regard.
Commissioner Rosenbloom made reference to a letter he had
written to the Times Union in support of the Commission' s
action relative to occupational license fees .
Mayor Fletcher asked Ann Meuse , Finance Director, to
provide the commission with a chart indicating the cost
per household of the new millage rate .
There being no further business the Mayor adjourned the
meeting at 8 : 55 p. m.
411.
�ii//'�-N• ---
, yman T. Fletcher
Mayor/Presiding Officer
ATTEST:
7
Mau een King, ity1'lerk