10-27-97 v CITY OF ATLANTIC BEACH
COMMISSION MEETING- October 27, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Special Called Meeting of October 2, 1997 and Regular
Commission Meetings of October 7 and 13, 1997
2 Recognition of Visitors:
A. Tina Stogsdill
3 Unfinished Business:
A. Authorize amendment to England, Thims & Miller contract to include additional
permit work,if required, in connection with Howell Park drainage(Mayor Fletcher)
B. Board Appointments - (Mayor Fletcher)
(i) Recreation Advisory Board - one vacancy(4-year term)
(ii) Tree Conservation Board - one vacancy(Partial term expires 1-31-99)
C. Howell Park Review Committee report and action,if required, (Commissioner Borno)
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvement Projects Report, New Occupational
License Report and Fire Department Report for the month of September(Department
Heads)
5. Action on Resolutions:
6. Action on Ordinances:
A. Ordinance No. 80-97-60 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING
CHAPTER 22,UTILITIES,ARTICLE II,WATERWORKS SYSTEM, SEC. 22-27,
CHARGES FOR WATER SERVICE, SUBSECTION(2),CUSTOMERS OUTSIDE
THE CITY,AND ARTICLE III,WASTEWATER SYSTEM,DIVISION 7, SEWER
USER RATES AND CHARGES, SEC. 22-166, ESTABLISHMENT OF A
MONTHLY BASE CHARGE, SUBSECTION(b), CUSTOMERS OUTSIDE THE
CITY, AND SEC. 22-167, SCHEDULE OF WASTEWATER VOLUME
CHARGES, SUBSECTION (b), CUSTOMERS OUTSIDE THE CITY, TO
EXEMPT FEDERAL, STATE AND LOCAL GOVERNMENT SUBDIVISIONS
AND AGENCIES FROM PAYING OUTSIDE RATES, AND PROVIDING AN
EFFECTIVE DATE(Commissioner Meserve)
Page Two AGENDA October 27, 1997
7. New Business:
A. Authorize the City Manager to execute Utility Service Agreement between the City
and Department of the Navy (City Manager)
B. Award contract in the amount of$67,802.90, to Beach Construction Co. Inc., for
Piping and Instrumentation at Well No. 4 at Water Plant No. 2, pursuant to the
specifications of Bid No. 9798-2, and authorize the City Manager to execute the
contract documents (City Manager)
C. Discussion and possible action in connection with construction of a city greenhouse
(Mayor Fletcher)
D. Discussion and possible action in connection with a sculpture in Bull Park (Recreation
Advisory Board)
E. Status report and potential funding for Town Center(Mayor Fletcher)
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
A. Farewell remarks - Commissioner Rosenbloom
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 by 5:00
PM, Friday,October 24, 1997.
v v
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC T O
T T
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE E E
ROAD, AT 7:15 PM ON MONDAY, OCTOBER 27, 1997 S S
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
AND: Jim Jarboe, City Manager M S
Maureen King, City Clerk 0 E
Alan C. Jensen, City Attorney T C
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The meeting was called to order at I:I p.m. by Mayor e c er. — e
invocation offered by Commissioner Shaughnessy, was followed by the
Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Special Called Meeting of
October 2, 1997, and Regular Meetings of October 7 and 13,
1997. BORNO X X
MESERVE X X
Motion: Approve minutes of the Special Called Meeting held SHAUGHNESSY X
October 2, 1997. FLETCHER X
The motion carried unanimously.
BORNO X X
Motion: Approve minutes of the Regular Meetings held MESERVE X
ROSENBLOOMOctober 7 and 13, 1997. SHAUGHNESS X
SHAUGHNESSY X X
FLETCHER X
In discussion, the Mayor pointed out an error on Page 11 of the minutes of
October 13, 1997, and requested an amendment as follows:
Motion: Amend Paragraph 4, Page 11 of the minutes of October BORNO X X
13, to reflect that Curtis Sanders was not opposed to the ME SERVE X
installation of underground electrical service, but was opposed ROSENBLOOM x
SHAUGHNESSY X X
to the cost of such installation being spread out to all the FLETCHER X
citizens.
The motion carried unanimously. The motion to approve the minutes of
October 7 and 13 was then voted on and the minutes were unanimously
approved, as amended.
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2. Recognition of Visitors:
A. Tina Stogsdill
Ms. Stogsdill, 1032 Mimosa Cove Court, addressed the City Commission
and complained of the noise from the Mimosa Cove lift station. She said the
pumps cycle on and off all night causing a disturbance. The Public Works
Director had provided Commissioners with a chronology of the actions
which had been taken by the city to address this situation.
The City Manager explained that since funds had not been provided in the
current year budget he felt one alternative was to wait until the sewer plant
at Buccaneer was finished which would probably reduce the frequency of the
recycling of the pumps at Mimosa Cove lift station. Alternatively, additional
soundproofing could be done at a cost of approximately $15,000 - $20,000
and there would be no guarantee that it would produce the desired effect.
The Mayor felt it would be best to wait to see how the proposed
improvements at the Buccaneer sewer plant would improve the situation
before considering additional soundproofing.
Roger Kjar, 332 Third Street, requested that the city consider amending the
ordinance which addresses the number of non-family members who may
occupy a single family living unit. He felt the current ordinance was
discriminatory. He reported that Jacksonville limited the number of
unrelated people living together to three, while Neptune Beach had
eliminated this provision from their ordinances.
Nancy White, 1729 Seminole Road requested that the ordinance be allowed
to remain as is. She felt that elimination of this provision would cause
problems with parking and other disturbances from late night visitors, etc.
Discussion ensued in which the question was raised regarding whether this
ordinance was enforceable and the City Attorney indicated that similar
ordinances had been upheld in other areas.
The Mayor pointed out that this section of the code was under review and
any commissioner could request that this section be changed.
Stephen Kuti, 1132 Linkside Drive, addressed the City Commission
regarding the Howell Park drainage. He felt that the committee appointed to
review drainage options did not include any experts and could not come up
with any answers in a few weeks.
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J.P. Marchioli, 414 Sherry Drive, presented some comments regarding the
city's proposed drainage project, a copy of which is attached hereto as
Exhibit A.
3. Unfinished Business:
Item 3B was taken out of sequence and acted upon at this time.
B. Board Appointments:
(i) Recreation Advisory Board - one vacancy (4-year term)
(ii) Tree Conservation Board - one vacancy (Partial term
expires 1-31-99)
The Mayor nominated Peter Coalson for appointment to the Recreation
Advisory Board
BORNO X
Motion: Appoint Peter Coalson to the Recreation MESERVE X X
Advisory Board (Term to expire September 30, 2001) ROSENBLOOM X X
SHAUGHNESSY X
The motion carried unanimously. FLETCHER X
The Mayor nominated Susan Bullock for appointment to the Tree
Conservation Board.
BORNO X X
Motion: Appoint Susan Bullock to the Tree MESERVE X
Conservation Board (To replace Rick Beaver - term to expire ROSENBLOOM x
January 31, 1999) SHAUGHNESSY X X
FLETCHER X
The motion carried unanimously.
C. Howell Park Review Committee report and action, if required
Commissioner Borno, Chairman of the Howell Park Review Committee,
reported the committee had held two organizational meetings. He reported
that Susan Bullock, who is an employee of the U.S. Army Corps of
Engineers, had received a legal opinion from the Corps' Legal Department
indicating that there may be a conflict of interest for Ms. Bullock to serve on
this committee. Commissioner Borno, however, indicated that Susan
Bullock was a valuable member of the committee and it would be his desire
that she be able to continue to be a member. The Mayor indicated the City
Commission could waive the conflict. BORNO X X
ESERVE X
Motion: Take the position that there is no conflict of ROSENBLOOM X
interest with Susan Bullock serving as a member of the Howell SHAUGHNESSY X X
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Park Review Committee since she has no involvement in the
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permitting or any other aspect of this project and authorize the
Mayor to sign such waiver document which may be necessary
Ms. Bullock explained that she was a member of the Water Management,
Meteorological Section of the Corps of Engineers and is involved mostly in
issues that relate to central and southern Florida such as the Everglades. She
does not feel that there is any conflict and would like to continue serving on
the committee, if possible.
The motion carried unanimously.
A. Authorize amendment to England, Thims & Miller contract to
include additional permit work, if required, in connection with
Howell Park drainage
Commissioner Borno requested approval to continue to utilize England,
Thims& Miller to assist the committee at a cost not to exceed $10,000.00
There was no discussion and the motion carried unanimously.
BORNO X X
MESERVE X X
Motion: Approve expenditure not to exceed $10,000 to ROSENBLOOM x
England, Thims & Miller for technical assistance as necessary SHAUGHNESSY X
FLETCHER X
Commissioner Rosenbloom felt the committee should have been appointed
at the beginning of the process. He expressed concerns that the city has
already paid ETM for a design to which the City Commission does not seem
to be able to support. He also was concerned with the possible escalation of
the cost of the project and asked what the city hoped to get for the
additional $10,000.
Commissioner Meserve responded that the City Commission had given
specific direction to ETM and he felt they had performed the task as they
had been directed. He felt the city was going the extra mile to address the
concerns which had been raised by the citizens. He pointed out the city had
already held public hearings and addressed the concerns of the citizens in the
Johansen Park area.
He felt the committee should be allowed to complete the task and the City
Commission should then make the decision on behalf of all the citizens and
move ahead, knowing that it is impossible to please everyone.
The Mayor inquired regarding the source of the funds and the City Manager
responded that funds would come from the Capital Projects Fund.
The motion carried unanimously.
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• At this time the Mayor indicatedshe wished to reconfirm
Commissioner Meserve's appointment to the Waterfronts
Committee. The City Commission concurred.
• Commissioner Meserve gave a status report on the Waterfronts
activities. He reported this is a joint venture between the City of
Atlantic Beach, Jacksonville and Daphne Schmidt, a Master Planner
from the City of Jacksonville, had been assigned as the Project
Coordinator for a three-year period. The organization has been
named the Mayport Waterfronts Partnership and a building in the
village of Mayport will be leased to the organization for $1.00 per
year and will be used as an office, a meeting place, and information
center. A $10,000 grant will be used to refurbish and furnish the
office building. A committee of about 23 people, including such
people as Councilmen Eric Smith, Dick Brown, and Max Leggett,
members of Mayport Civic Association, and area businesses, had
been tentatively formed to support her. The goal is to fix up and
clean up those areas and encourage good business growth in the
area.
Commissioner Shaughnessy requested that the City Commission
receive reports from Mayport Waterfronts Partnership on a regular
basis.
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvement Projects Report,
New Occupational License Report, and Fire Department Report
for the month of September
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
Agenda Item 7D was taken out of sequence and acted upon at this time
D. Discussion and possible action in connection with a sculpture in
Bull Park
Recreation Director, Timmy Johnson, introduced Stephanie Galloway who
presented a sketch of a sculpture which members of the Recreation Board
had reviewed and had recommended be included in the Bull Park
improvements. She explained the sculpture could be located in front of the
Adele Grage Community Center and that there would be no cost to the city.
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October 27, 1997 COIvIIN D S N
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It was felt that the City Commission did not have enough information to act
on this matter this evening and additional information will be provided and
the matter will be placed on the next Commission agenda.
Ms. Galloway urged the City Commission to move quickly on this issue so
that the project could be incorporated into the First Night activities.
6. Action on Ordinances:
A. Ordinance No 80-97-60 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 22, UTILITIES,
ARTICLE II, WATERWORKS SYSTEM, SEC. 22-27,
CHARGES FOR WATER SERVICE, SUBSECTION (2),
CUSTOMERS OUTSIDE THE CITY, AND ARTICLE HI,
WASTEWATER SYSTEM, DIVISION 7, SEWER USER
RATES AND CHARGES, SEC. 22-166, ESTABLISHMENT
OF A MONTHLY BASE CHARGE, SUBSECTION (b),
CUSTOMERS OUTSIDE THE CITY, AND SEC. 22-167,
SCHEDULE OF WASTEWATER VOLUME CHARGES,
SUBSECTION (b), CUSTOMERS OUTSIDE THE CITY, TO
EXEMPT FEDERAL, STATE AND LOCAL
GOVERNMENTAL SUBDIVISIONS AND AGENCIES FROM
PAYING OUTSIDE RATES, AND PROVIDING AN
EFFECTIVE DATE.
BORNO X
Motion: Adopt Ordinance No. 80-97-60 on final reading. MESERVE X
Mayor Fletcher read the ordinance by title only and opened the floor for a
Public Hearing.
Dezmond Waters felt that federal and state agencies should be required to
pay outside city rates. He did not feel the city should subsidize other
governmental agencies and requested that Section 22-166(b) be amended to
this extent.
There being no further comments from the audience, the Mayor declared the
public hearing closed and invited comments from the City Commission.
Commissioner Meserve informed the Commissioners the ordinance would
allow the City Manager to execute a new contract with the Navy, and he
pointed out adoption of this agreement would increase, not lower, the rates
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to the Navy. He also reported the sewer line to the Village of Mayport was
being installed by Jacksonville at no expense and no future maintenance by
Atlantic Beach.
The City Manager agreed with some of Mr. Waters' comments and pointed
out there needed to be a compelling reason for the city to change its rates,
which in the case of the City of Jacksonville, was because Jacksonville would
read the meters and collect payments, do hook-ups etc., which would result
in a considerable savings to Atlantic Beach. However, he felt that it would
be appropriate to change the ordinance to allow the city to consider
applications for service from other governmental entities on their individual
merits.
Commissioner Meserve indicated he had no objections to the amendments
suggested.
'Commissioner Shaughnessy moved to amend Section 22-166(b) of the
ordinance by replacing the word "shall"with the words "may be allowed to"
which would provide the City Commission the flexibility to consider each
case on its merits. Following further discussion the motion was withdrawn.
Commissioner Shaughnessy also indicated she would like an interlocal
agreement with the City of Jacksonville in this regard to be executed before
the ordinance was passed. She also indicated she would like to see a list of
all political subdivisions or agencies which may be impacted by this
ordinance.
Mayor Fletcher also suggested the ordinance specify which agencies were
covered. Also he felt action on the ordinance should be deferred until an
interlocal agreement is entered into with the City of Jacksonville setting forth
the responsibilities of each party.
Commissioner Borno suggested that exceptions to the ordinance be included
in agreements with the various entities rather than to address them in the
ordinance.
Motion: Amend ordinance to make it clear who, if anyone, BORNO X
will receive relief under this ordinance, which is specifically to ME SERVE X
the Navy and the City of Jacksonville; Also provide the City ROSENBLOOM X
SHAUGHNESSY X X
Commission with a plan as to how the three entities FLETCHER X X
(Jacksonville, Navy & City) will all meet up at the same time
and the same place; defer action until the next meeting and
continue the public hearing at that time.
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The City Attorney indicated that he would amend the ordinance for the next
meeting, but pointed out that the changes would have to be constitutional
and may not be exactly what the City Commission wants. He felt it would
be unconstitutional to selectively identify entities to receive certain benefits
while others would not.
The motion carried unanimously.
7. New Business:
A. Authorize the City Manager to execute Utility Service
Agreement between the City and Department of the Navy
Commissioner Shaughnessy indicated she had requested that this item be
withdrawn since the City Commission had not received attachments referred
to in the agreement.
-B. Award contract in the amount of$67,802.90 to Beach
Construction Co. Inc., for Piping and Instrumentation at Well
No. 4, at Water Plant No. 2, pursuant to the specifications of Bid
No. 9798-2, and authorize the City Manager to execute the
contract documents
Motion: Award contract in the amount of$67,802.90 to Beach BORNO X X
Construction Co. Inc., for Piping and Instrumentation at Well RESERVE X
ROSENBLOOM X X
No. 4, at Water Plant No. 2, pursuant to the specifications of Bid SHAUGHNESSY X
No. 9798-2, and authorize the City Manager to execute the FLETCHER X
contract documents
The motion carried unanimously.
The City Manager reported that rebidding this item resulted in savings of
$20,000 and thanked Public Works Director Bob Kosoy and Asst. Public
Works Director Jim Jacques for recommending that the item be rebid.
C. Discussion and possible action in connection with construction
of a city greenhouse
BORNO X
Motion: Authorize the City Manager to construct a city RESERVE x
greenhouse and authorize $6,000 for that purpose ROSENBLOOM X X
SHAUGHNESSY X
FLETCHER X X
The Mayor indicated that it was his opinion that a city operated greenhouse
would result in significant savings to the city by growing its own trees and
plants for landscaping.
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Discussion ensued and concerns were expressed regarding the possibility of
vandalism, on-going costs of operation and maintenance of such a facility
and whether the city had the staff to operate such a facility.
Commissioner Shaughnessy suggested that staff seek input regarding the
feasibility of a city-owned greenhouse from Jodie Richards who owns and
operates commercial greenhouses in the city.
The question was called and the motion failed on a vote of 2 - 3 with
Commissioners Borno, Meserve and Shaughnessy voting nay.
D. Discussion and possible action in connection with a sculpture in
Bull Park
This item was taken up earlier in the meeting.
E. Status Report and potential funding for Town Center
Mayor Fletcher reported that the basic construction of Phase II of the Town
Center project was completed; however, there was a budget shortage of
approximately $70,000 and the Mayor requested that Atlantic Beach
contribute $15,000 to help complete the landscaping and installation of
benches. He indicated that Mayor Delaney may have some discretionary
funds which he could contribute; also Neptune Beach may contribute further.
BORNO x
Motion: Authorize expenditure of$15,000 of bed tax funds ROSENBE x
ROSENBLOOM X X
for Town Center improvements SHAUGHNESSY X
FLETCHER X X
Finance Director Ann Meuse confirmed that sufficient bed tax funds were
available.
The motion carried unanimously.
The City Manager suggested that a professional be hired to review traffic
problems in the Town Center area. The Mayor suggested that Jacksonville
may be helpful in this matter.
Commissioner Shaughnessy indicated that the Chairman of the Jacksonville
Transportation Authority had suggested replacing the traffic light at Ocean
Boulevard and Atlantic Boulevard with stop signs. She felt this may be
worth looking into further.
8. City Manager Reports and/or Correspondence:
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• The City Manager provided each commissioner with a draft of a
letter dated October 27, 1997, to the Department of Environmental
Protection, requesting an amendment to the Consent Order to extend
certain dates and asked that he be authorized to submit this request.
Motion: Authorize the City Manager to submit a request BORNO X X
to the Department of Environmental Protection, seeking MESERVE x
ROSENBLOOM X
extension of certain dates, as stated SHAUGHNESSY X X
FLETCHER X
The motion carried unanimously.
• The City Manager reported that a picnic to recognize
Commissioner Rosenbloom and Mayor Fletcher (who will be leaving
office) has been scheduled for November 9, 1997 in Donner Park.
He indicated that the event was being organized by citizen volunteers
and inquired whether the City Commission wished to authorize
•
funding for the event. The Mayor indicated he would prefer not to
use public funds for this purpose. The City Commission concurred.
• The City Manager also provided each commissioner with copies of
a communication he had received from the City of Port Richie
requesting support of a recent resolution which had been adopted by
that city. The Florida Constitution currently allows for
abolishment/merger of cities without a referendum and Port Richie
was soliciting support in having this reversed when the Florida
Constitution is revised. The Mayor requested that this matter be
included on the next agenda.
9. Reports and/or requests from City Commissioners, City
Attorney and City Clerk
• Commissioner Shaughnessy reported she had recently attended
several Navy functions and would visit the U.S.S. John F. Kennedy
the following day.
• Commissioner Shaughnessy requested that the City Clerk contact
Jodie Richards for input regarding the feasibility of constructing a
city greenhouse and that this matter be placed on the next
commission agenda for action.
A. Farewell remarks - Commissioner Rosenbloom
Commissioner Rosenbloom complimented the City Clerk and City Manager
•for the jobs they do for the city and presented them with gifts to express his
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appreciation.
He reflected on some of the projects in which the city is involved and
commented on procedures and memorable moments in his tenure.
Resolution No. 97-39
The Mayor presented in full, in writing, Resolution No. 97-39 recognizing
the service of Commissioner Steve Rosenbloom on the City Commission.
Motion: Adopt Resolution No. 97-39
The motion carried unanimously. The Mayor presented the framed
resolution to Commissioner Rosenbloom with the good wishes of the City
Commission.
There being no further discussion or business to come before the
Commission, the meeting adjourned at 9:05 PM.
/. Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
Maureen King,
Certified Municipal Clerk
EXNiB,T A
comm I SSi o fq fr1 EE-I/AIG /0/,27/(17
414 Sherry Drive
Atlantic Beach, Florida 32233
October 25, 1997
Honorable Mayor Lyman T. Fletcher & Fellow Commisioners
City of Atlantic Beach, Florida
SUBJECT: CORE CITY PROJECT - Surface Water Run-off & Tree Conservation
Sirs & Madam;
For hundreds of years, waters in the core city have drained from areas surrounding
Howell Park into Howell Park , ultimately destined for intercoastal waterway. Modern
day, so-called improvements, proceduresexcavate "collection" ponds to perculate run-off.
I would speculate that Fifty Percent (50%) of Howell Park, containing so-called "SWAMP"
land by unthinkers; has been NATURALLY perculating rainwater for hundreds and hundreds
of years. Currently, this would not include the large portion (North end of park. ) that is
no longer considered to be part of Howell park.
In an effort to upgrade the core city area surrounding Howell Park, engineers, hired by
the city (For approximately Three Quarters of a Million Dollars), have over-designed
storm water run-off plan with two six foot (6'0"0) inside diameter reinforced concrete
ipes, partially below sea level, at 5th & 7th streets that would flow rainwater into canals,
with sumps, displacing hundreds of healthy treasared trees.
My thoughts would be to replace the two six foot (6'0") ID reenforced concrete pipes that
are to flow into sumps and manmade canals into the existing lagoon, with Five four foot (4'0'
ID concrete reenforced pipes. One pipe, entering the lagoon at its origon at Pine Street
could be easily run along the grassy area at the North end of the elementary school yard.
The second, third and fourth pipes could flow into the NATURAL perculation area as follow:
second stopping at the West Side of Sherr} Drive at the Howell Park 4th street entrance on
the North side of the entrance walk; the third pipe would replace the existing pipe at 3th±hatl
been flowing into the NATURAL perculation area; the fourth pipe at 7th street also running
into the NATURAL perculation area; and, the fifth pipe entering the lagoon at the North
side of Plaza. This plan would eleminate the necessity of constructing huge dewatering
excavations, sumps and canals to reach the existing lagoon. . saving hundreds of trees.
We must remember, that we have long dry seasons with very little rain. In the past,
there have been rainy seasons that would be easily controlled by the planned run-off control
In the case of five-year, or thereabouts, heavy rainfalls, flumes over the pipes on Sherry
Drive would handle the excess not covered by underground surface water run-off pipes.
For HURRICANES , pary and/or evacuate.
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. yours
/ , ���
JPM/jpm . P. (Marc) Marchioli