Loading...
08-08-94 v • 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 MONDAY, AUGUST 8, 1994 PRESENT: J. Dezmond Waters , III , Mayor Pro Tem M S Steve Rosenbloom 0 E Suzanne Shaughnessy T C Robert G. Weiss , Jr. Commissioners I 0 Y NAME OF ONEN AND: Kim D. Leinbach, City Manager COMMRS. N D S 0 Alan C. Jensen, CiLy ALLulney Maureen King, City Clerk ABSENT: Lyman T. Fletcher, Mayor (Excused) The meeting was called to order by Mayor Pro Tem Waters . The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 25, 1994 ROSENBLOOM X Motion: Approve minutes of the regular SHAUGHNESSY X X meeting of July 25, 1994 WELSS X X WATERS X No discussion before the vote. The motion carried unanimously. 2. Recognition of Visitors: a. Presentation by Atlantic Beach Experimental Theater Children's Summer Camp Beth Robertson, representative of Atlantic Beach Experimental Theater (ABET) reported concerning the activities of the Children ' s Summer Camp. She presented, on behalf of ABET, a donation to the Beautification Committee and a gift of a clock to Rose Blanchard, Parks and Recreation Director, for the Adele Grage Community Center 3 . Consent Agenda: a. Acknowledge receipt of Parks & Recreation facilities usage report for July, 1994 b. Acknowledge receipt of Code Enforcement Activities Report for July, 1994 c. Acknowledge receipt of Building Report for July, 1994 Commissioner Weiss asked that Item b be removed from the Consent Agenda and Mayor Pro Tem Waters asked that Item c be removed from the Consent Agenda. Commissioner Weiss commended the Code Enforcement Officer • e V V NAME OF COMMRS. MSYN Page 2 August 8, 1994 for the removal of abandoned cars . Mayor Pro Tem Waters questioned the issuance of well permits . Don Ford, Building Official , explained most of the wells that had been installed were shallow wells to be used for irrigation. ROSENBLOOM X Motion: Approve passage of the Consent Agenda WEISS SHAUGHNESSYX X X X WATERS X The question was called and the motion carried unanimously. 4. Action of Resolutions: a. Resolution No. 94-24 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH, AUTHORIZING ALAN C. JENSEN, CITY ATTORNEY, TO INITIATE NEGOTIATIONS WITH JAMES T. TRESCA FOR THE PURCHASE IN THE NAME OF THE CITY OF ATLANTIC BEACH, CERTAIN REAL PROPERTY LOCATED IN SECTION H, ATLANTIC BEACH, AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Waters presented in full , in writing, Resolution No. 94-24. ROSENBLOOM X SHAUGHNESSY Motion: Approve passage of Resolution No. 94-24 WEISS X WATERS Commissioner Weiss indicated Mr. Tresca was anxious to commence the negotiations . Mayor Pro Tem Waters questioned Commissioner Weiss relative to description of the property that was previously given to the Commission in the form of a map, to which Commissioner Weiss explained the legal description in the resolution was correct . A discussion ensued relative to identification of funds and it was brought out that the tax increase of six mills for purchase of park land could be used to purchase the Tresca property, but no decision was made. It was explained elimination of the language in Section 2 would give the City Commission, rather than the Finance Director, discretion relative to identification of funding for purchase of the property. Alan Jensen, City Attorney, was instructed to commence negotiation. ROSENBLOOM X X Amended Motion: Amend Resolution No. 94-24 by SHAUGHNESSY X X striking language contained in Section 2 which WEISS X indicated the following: "The Finance Director, Ann WATERS X Meuse, is hereby directed to identify the funding to be used for the proposed purchase of the above referenced property, " and pass as amended. V V NAME OF COMMRS. MSYN Page 3 August 8, 1994 Alan Jensen indicated he would report to the Commission at the next meeting relative to negotiation with Mr. Tresca. The question was called and the motion carried unanimously. 5. Action on Ordinances : a. Reconsider 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. Commissioner Rosenbloom explained that originally he voted against Ordinance 10-94-18 . He indicated he was opposed to the Commission having to pass judgement on whether or not a special event should be granted the opportunity to serve beer and wine on public property. He felt this should be the decision of the City Manager, only, and should not be brought before the Commission. He indicated the City of Jacksonville Beach allowed consumption of beer and wine for special events in a contained section, only, and consumption was not allowed outside of the contained section. He referred to the Community Center and indicated he had received several telephone calls that were in favor of consumption of alcoholic beverages in the Community Center, and he felt the Police Department needed direction which would be indicated in the proposed ordinance. ROSENBLOOM X X Motion: Reconsider Ordinance No. 10-94-18 SHAUGHNESSY X WEISS X X WATERS X Mayor Pro-Tem Waters presented in full , in writing, Ordinance No. 10-94-18 . The question was called and the motion to reconsider Ordinance No. 10-94-18 carried unanimously. Commissioner Weiss suggested the ordinance be amended, including the amendment allowing beer and wine, only, as follows : "The City Commission may, for special events , grant permits for the consumption of possession of open container of such alcoholic beverages upon property within the city. No alcohol shall be consumed out of doors in public park areas . Alcohol may be consumed indoors only, on public property, with the exception that alcohol may be consumed out of doors in the Town Center V V NAME OF COMMRS. ' M S Y N Page 1 August 8 , 1994 for up to four special events in any one calendar year. Such consumption at Town Center may be permitted upon notification of and concurrence with the neighbor City of Neptune Beach. All public consumption of alcohol upon City properties shall terminate no later than 9 : 00 p. m. " Alan Jensen, City Attorney, advised if it was the intent of the Commission to adopt the proposed language of Commissioner Weiss , it would be necessary to propose the language in the form of a motion. He felt the proposed language substantially changed the ordinance, however, and thus it would be necessary for the ordinance to come back on the floor for first and second readings . He explained the Commission could place further controls on special events , if it desired, through the permitting procedure. Commissioner Weiss agreed with Commissioner Rosenbloom that the power to grant permits should be given to the City Manager, and taken away from the Commission. ROSENBLOOM X SHAUGHNESSY X Motion: Adopt ordinance No. 10-94-18 WEISS WATERS Kim Leinbach, City Manager, was asked to comment concerning the matter, and he explained while he would do his best to carry out the wishes of the Commission in granting permits , it was difficult for him to know exactly what the Commission wished to allow. He reminded the Commission there were many permits he already granted, but without alcoholic beverages . He indicated he would like to have guidance, such as hours , etc . A discussion ensued relative to what constituted a "special event" under the terms of the ordinance, to which Alan Jensen explained a "special event" could be determined by the Commission. He added the Commission would have to use discretion to determine whether an event would be determined a "special event" on a case by case basis , and he advised the Commission not to list specific events because the Commission would lose their discretion. Mayor Pro-Tem Waters suggested deferring the Ordinance until the next meeting. After discussion, it was decided to vote on the ordinance , as amended. A further amendment was suggested that would provide that the ordinance expire at sunset on December 31 , 1994, with the intent that the ordinance would be rewritten at a later time if needed. • r V V NAME OF COMMRS. MSYN Page 5 August 8 , 1994 ROSENBLOOM X Amended Motion: Approve SHAUGHNESSY X X p passage of Ordinance No. WEISS X X 10-94-18, as amended, with the provision that the WATERS x ordinance expire on December 31, 1994 The question was called and the vote resulted in 3-1 with Commissioner Rosenbloom voting nay. The motion carried. Several representatives appeared in support of the Town Center project. Mayor Pro-Tem Waters explained "Dancing in the Streets" was never in peril or under any threat whatsoever. It was determined a festival was planned for August 20 , 1994 and that approval to close the streets had been granted by the City Manager . It was decided to also grant a permit to allow consumption of alcoholic beverages , pursuant to Ordinance No. 10-94-18 . ROSENBLOOM X Motion: Amend current permit to include the WEAUSHNESSY X X Sconsumption of beer and wine for festival to be WX x held August 20, 1994 WATERS X No discussion before the vote . The motion carried unanimously. 6. New Business: a. Approve expenditure of funds to purchase a mower through government contract for Parks & Recreation Department Rose Blanchard, Director of Parks and Recreation, reported the Department urgently needed to purchase a new lawn mower. To date, $2 , 644 . 51 had been spent in repairs to a mower purchased in 1990. It was recommended an Exmark Explorer be purchased in the amount of $6 , 135. 16 . It was reported a mulching kit was available for $199. 00 . Motion: Authorize purchase of Exmark Explorer in ROSENBLOOM X X the amount of $6, 135.16 utilizing funds from Parks SHAUGHNESSY X X and Recreation Equipment Account, and authorize the WEISS X expenditure of funds for mulching kit in the amount WATERS X of $199.00, if requested by the Department A brief discussion was held relative to the life expectancy of the lawn mower. Commissioner Weiss felt that the mulching kit was important and should be purchased. The question was called and the motion carried unanimously. b. Approve expenditure of funds to install outfield fence at Jack Russell Park V V NAME OF COMMRS. MSYN Page 6 August 8, 1994 Mayor Pro-Tem Waters advised that if it was the desire of the city to purchase fencing that bids should be solicited. Rose Blanchard reported the Little League was getting ready to start playing Tee-Ball . She explained funds were originally budgeted for Donner Park but since there was no need for fencing in Donner Park at the present time, the funds could be used for Jack Russell ROSENBLOOM Park. SHAUGHNESSY X Motion: Authorize Rose Blanchard to solicit bids WEISS for installation of fence at Jack Russell Park WATERS Motion died for lack of a second. Commissioner Rosenbloom indicated the ordinance required that the city solicit bids unless there was an emergency, and he inquired as to whether or not the matter could be considered as an emergency, to which Alan Jensen advised in this matter it would be prudent to go through a formal bid procedure. At this time, 8 :25 p. m. , a five minute recess was called, and the meeting resumed at 8 : 30 p. m. c. Authorize solicitation of bids for solid waste service Bob Kosoy, Public Works Director, reported that a Committee had been appointed comprised of Commissioners Steve Rosenbloom and Bob Weiss and Bob Kosoy to study the matter of privatization of solid waste. The Committee decided that staff should look at options and, if necessary, draft specifications so that the City could advertise for bids . It was agreed that the current level of service would be required for residential and commercial pickups . Mr. Kosoy reported the Committee emphasized that the specifications include provisions for the purchase of existing equipment and hiring of current full time personnel at their current rates of pay. It was estimated that $100 , 000 per year could be saved by privatization, largely due to savings in equipment purchases . Mr. Kosoy indicated the purchase of equipment made it difficult for the City to compete with private enterprise. ROSENBLOOM SHAUGHNESSY X Motion: Authorize solicitation of bids to WEISS X privatize city' s commercial and residential WATERS sanitation service r � • V V NAME OF COMMRS. MSYN Page 7 August 8 , 1994 Commissioner Shaughnessy suggested the private contractor take over billing of customers rather than the city billing customers , to which Jim Jarboe, Deputy City Manager, explained billing problems had been resolved in the city and billing through the city provided leverage for collecting bills . A discussion ensued concerning whether or not to prequalify bidders and it was decided that it would be in the best interest of the city to require prequalification of bidders . ROSENBLOOM X SHAUGHNESSY X X Amended Motion: Authorize solicitation of bids to WEISS X X privatize city' s commercial and residential WATERS X sanitation, with the requirement that bidders be prequalified Commissioner Shaughnessy felt that prequalification should include retaining employee benefits . The Commission felt that bids should provide for the purchase of all city-owned sanitation equipment . Commissioner Rosenbloom questioned Bob Kosoy concerning staff ' s feeling regarding prequalification, to which Mr. Kosoy explained prequalifying bidders could prove to be time consuming. The question was called on the motion to prequalify bidders and the vote resulted in 3-1 with Commissioner Rosenbloom voting nay. The motion carried. A discussion ensued concerning whether or not to appoint a committee to incorporate the wishes of the Commission in the prequalification package , but after discussion the City Manager was directed to ensure the following qualifications were placed in the prequalification package: that city employees would receive comparable benefits to the benefits they received from the city, that the minimum customer base of the bidder must be 4, 400 accounts , and that the bidder must have a local office. City Manager Reports and/or Correspondence: a. Report relative to Park Street drainage project Bob Kosoy reported the Park Street drainage project was 90 percent completed. Two change orders which were handled in-house had amounted to $15, 000 . 00 . 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk V V NAME OF COMMRS. MSYN Page 8 August 8 , 1994 Commissioner Weiss asked Haywood "Pete" Dowling to speak regarding the revised plans for the Community Center. Mr. Dowling presented a revised plan and indicated the design was much improved and the community would be pleased with the renovation. Mayor Pro Tem Waters referred to the crosswalk at 16th Street and he indicated he would like it to be in operative condition by June of next year . Commissioner . Rosenbloom suggested this could perhaps be a community project. There being no further business the Mayor Pro-Tem adjourned the meeting at 9:27 p. m. //L./di, 111111Nier J. Dezi' . 1J Waters , III ayor P '•-Tem/Presiding Officer ATTES T: )()Maur en King t-/).44 City Clerk