05-28-96 v CITY OF ATLANTIC BEACH
COMMISSION MEETING - MAY 28, 1996
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular meeting of May 13, 1996
2. Recognition of Visitors:
A. Presentation of Resolution No. 96-20 recognizing Officer Dane Smith
B. Laura Johnson appealing staff decision regarding 605 Stock Street
C. George&Ann Santayana appealing decision regarding dune cross-over at 261 Beach
Avenue
3. Unfinished Business:
A. Appointments to the Cultural Arts Board
4. Consent Agenda:
A. Acknowledge receipt of Public Works projects report
B. Acknowledge receipt of Fire Department report for April 1996
C. Reject all bids received under Bid No. 9596-20 for dry pipe fire sprinkler system for
new construction at the Public Safety Building
5. Action on Resolutions:
A. Adoption of Resolution No. 96-21 - AMENDING THE STRUCTURE OF THE
CULTURAL ARTS ADVISORY BOARD; DECREASING THE NUMBER OF
MEMBERS FROM NINE(9)TO SEVEN(7); PROVIDING FOR A CHANGE IN
THE LENGTH OF APPOINTED TERMS; AND PROVIDING AN EFFECTIVE
DATE.
B. Adoption of Resolution No. 96-22 -A RESOLUTION TRANSFERRING CERTAIN
MONIES BETWEEN FUNDS to provide funds for a pension impact study and
liability insurance for pension board members
C. Adoption of Resolution No. 96-23 -A RESOLUTION TRANSFERRING CERTAIN
MONIES BETWEEN FUNDS to provide funding for emergency repair of fire truck
6. Action on Ordinances:
A. Ordinance No. 95-96-66 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4, ANIMALS, ARTICLE I, IN GENERAL, AND
ARTICLE II, DOGS AND CATS, AND PROVIDING AN EFFECTIVE DATE
7. New Business:
A. Award contract to Nooney Construction for replacement of the walkway bridge on
Plaza pursuant to the specifications of Bid No. 9596-13 at a cost of$25,975.00
• Agenda has been amended to add Item 7F
. '1
Page Two AGENDA May 28, 1996
B. Waive purchasing procedures and approve payment of Heywood A. Dowling invoice
in the amount of$11,000.00 for renovations at the Adele Grage Community Center
C. Approve expenditure of $5,748.36 for additional site work necessary for the
expansion of the Public Safety Building
D. Award contract to Beachcombers, Inc. for beach cleaning pursuant to the
specifications of Bid No. 9596-18 at the total annual cost of$24,000.00
E. Award contract for removal of underground storage tanks at Water Treatment Plant
No. 3 pursuant to the specifications of Bid No. 9596-19 at the bid price of$10,170.00
F. Authorize additions to the Donner Park Community Center project as
recommended by Mayor Fletcher
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.
• Agenda was amended to add Item 7F
V V
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH 0 0
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, T T
AT 7:15 PM ON MONDAY, MAY 28, 1996 E E
D D
PRESENT: Lyman Fletcher, Mayor
John Meserve M S
Tim Reed 0 E
Steve Rosenbloom T C
I O Y
Suzanne Shaughnessy, Commissioners NAME OF ON E N
COMMRS. N D S 0
i. �. • -
Maureen King, City Clerk
David Thompson(Substituting for City Manager)
ABSENT: James Jarboe, City Manager(Excused)
The meeting was called to order. The Invocation was given followed by the
Pledge of Allegiance to the Flag.
1 Approval of the minutes of the Regular Meeting held May 13.
1996.
Motion: Approve minutes of the regular meeting held May 13, MESERVE X X
1996. REED X
ROSENBLOOM X
The motion carried unanimously. FLEETCHEFLRSSY X X
TCHER X
Recognition of Visitors:
A. Presentation of Resolution No. 96-20 recognizing Officer Dane
Smith
Mayor Fletcher read Resolution No. 96-20 in its entirety.
MESERVE X X
Motion: Adopt Resolution No. 96-20. REED X
ROSENBLOOM X
The motion carried unanimously. SHAUGHNESSY X X
FLETCHER X
Mayor Fletcher and Commissioner Shaughnessy presented the framed
Resolution to Officer Smith and congratulated him on his accomplishments.
Public Safety Director Thompson commended Officer Smith for his
achievements and informed those present that he had been chosen Officer of
-- the Month for May by his peers.
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Minutes - Page 2 V V
May 28, 1996
COMMRSNAMEOF. M S Y N
B. Laura Johnson appealing staff decision regarding 605 Stock Street
Ms. Johnson was not present at the meeting to advance her case and no action
was taken .
C. George and Ann Santayana appealing decision regarding dune
cross-over at 261 Beach Avenue
Mr. Santayana requested that this matter be deferred until 8:00 p.m. to allow
time for his neighbor to attend the meeting. It was the consensus of the
Commission to do so.
Recognition of Public Works Employees who cleaned up after the
Dancing in the Streets
Mayor Fletcher recognized and thanked several Public Works Employees who
worked on the weekend to remove accumulated trash after the Dancing in the
Street celebration held May 18, 1996.
Donner Park Dedication Ceremony
Mayor Fletcher announced that the dedication for the new community center at
Donner Park would take place at noon on Saturday, June 1, 1996. He thanked
Recreation Director Johnson and Building Official Ford for their work in
bringing this project to fruition. .
Timmy Johnson announced proposed day camp schedules for Russell and
Donner Parks.
Alan Potter request for closing statement and related bond
documents regarding the authorization and issuance of$24,000,000
utilities system revenue bonds, series 1996
Mr. Potter stated his concerns regarding the closing statement costs and asked
for a list of all burdens incurred.
Finance Director Meuse related that the information Mr. Potter was requesting
could be found in the final bond resolution and ordinance.
Unfinished Business:
A. Appointments to the Cultural Arts Board
Minutes - Page 3 V V
NAME OF
May 28, 1996 COMMRS. MS Y N
Mayor Fletcher requested a delay in action on the appointment of the Board
Members until after the adoption of Resolution No. 96-21 amending the
structure of the Cultural Arts Board.
It was the consensus of the Commission to delay action on the appointments.
Consent Agenda:
A. Acknowledge receipt of Public Works Projects Report
B. Acknowledge receipt of Fire Department Report for April
1996
C. Reject all bids received under Bid No. 9596-20 for dry pipe fire
sprinkler system for new construction at the Public Safety
Building
The consent agenda items were received and acknowledged.
Action on Resolutions:
A. Adoption of Resolution No. 96-21 amending the structure of the
Cultural Arts Advisory Board; decreasing the number of members
from nine(9) to seven (7); providing for a change in the length of
appointed terms; and providing an effective date
Mayor Fletcher read the Resolution by title only.
MESERVE X
Motion: Adopt Resolution No. 96-21. REED X X
ROSENBLOOM X
There was no discussion and the motion carried unanimously. SHAUGHNESSY X X
FLETCHER X
B. Adoption of Resolution No. 96-22 - a Resolution transferring
certain monies between funds to provide funds for a pension
impact study and liability insurance for pension board members
Finance Director Meuse explained that the transfer of funds would provide
funds for liability insurance coverage for pension board members and an
actuarial study for additional benefits for employees.
MESERVE X X
Motion: Adopt Resolution No. 96-22. REED X
ROSENBLOOM X
There was no discussion and the motion carried unanimously. SHAUGHNESSY X X
FLETCHER X
C. Adoption of Resolution No. 96-23 - a Resolution transferring
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May 28, 1996 NAME OF
COMMRS. MS Y N
certain monies between funds to provide for emergency repair of a
fire truck
MESERVE X X
Motion: Adopt Resolution 96-23. REED X
ROSENBLOOM X
SHAUGHNESSY X X
There was no discussion and the motion carried unanimously. FLETCHER X
At this point in the meeting Item 2. - C George and Ann Santayana
appealing a decision regarding a dune cross-over at 261 Beach Avenue was
heard by the Commission.
Mr. Santayana appeared before the Commission and presented pictures showing
a dunes cross-over built at 261 Beach Avenue according to DNR specifications
which he considered to be intrusive upon the natural dune line. He then asked
that in the future the City consider modifications for such structures, including
lower railings.
Former Mayor Gulliford appeared before the Commission in support of Mr.
Santayana's request. He stated that he recognized the City had no authority to
stop what has taken place , but he felt that the type of structure built degradated
the aesthetic qualities of the beach. He also pointed out that street end
openings provide ocean access within one-half a block from any beach-front
resident's home. Mr. Gulliford then asked that the Commission consider
passing an ordinance regulating such structures in the future.
Mayor Fletcher stated that he shared the concerns presented and asked the City
Attorney to draft an ordinance that would protect the integrity of the dunes.
MESERVE X
Motion: Direct City Attorney Jensen to draft an ordinance REED X
regulating the construction of dune cross-overs which will allow the ROSENBLOOM X
integrity and aesthetics of the dunes to be kept intact. SHAUGHNE S SY X X
FLETCHER X X
Commissioner Rosenbloom asked that the Community Development Board and
Planning Director Worley be involved. After the draft ordinance is written, a
meeting will be held with the Community Development Board and Mr Worley
to incorporate any changes they might wish to include in the ordinance.
There being no further discussion, the motion carried unanimously.
6. Action on Ordinances:
Minutes - Page 5 V V
May28, 1996 NAME OF
COMMRS. MS Y N
A. Ordinance No. 95-96-66 Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4, ANIMALS,ARTICLE I, IN GENERAL,
AND ARTICLE II, DOGS AND CATS, AND PROVIDING AN
EFFECTIVE DATE.
The Mayor read the ordinance by title only and opened the floor for public
discussion of the ordinance. A letter from Ed Russell of 317 8th Street was
entered into the record opposing the ordinance. (Exhibit A attached)
The following citizens expressed opposition to the ordinance: Dennis Murphy
of 1870 North Sherry Drive, Victoria Bischoff of 1007 Big Pine Key, Doris
Rosarius of 391 Main Street, Althea Lachicotte of 335 Garden Lane, Stuart
Hicks of 2334 Beach Comber Tr., Emily Anderson of 1095 East Coast Drive,
Stan Jones of 2066 Beach Avenue, Julian Gregory of 1062 Ocean Boulevard,
Susan Stone of 1070 Ocean Boulevard, Al Majefski of 178 11th Street,
Doug Speed of 1207 Seminole Road, and J.P. Marchioli of 414 Sherry Drive .
The majority of those who spoke were opposed to Sections 4-31 and 4-32
dealing with sworn affidavits by adult witnesses and animals in heat.
Since no one wished to speak further, the public hearing portion was closed and
the floor was opened for Commission discussion of the ordinance.
Commissioner Meserve stated that it was apparent that two issues warranted
study- the affidavit and animals in heat.
Motion: Defer any action on Ordinance No. 95-96-66 for further MESERVE
review of these two issues. REED X
ROSENBLOOM X
Commissioner Reed asked for clarification, and Public Safety Director FLETCHERSSY
FLETCHER
Thompson explained the reason for each change in the ordinance, emphasizing
the addition of Section 4-9 concerning dog attacks.
Commissioner Shaughnessy expressed concern that if action on the ordinance
was deferred, someone could be attacked by a vicious animal and there would
be no law covering that situation. She favored passing an amended
ordinance.
Commissioner Rosenbloom, who worked on the committee that drafted the
ordinance, stated he felt the ordinance needed to be fine tuned, but it gave the
City a means to address problems created by irresponsible dog owners.
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Minutes- Page 6 NAME OF
May 28, 1996 COMMRS. MS Y N
Some further discussion ensued concerning the issuance of annual dog tags and
establishing a fee for dog owners. Mayor Fletcher stated that he was in favor of
the issuance of annual tags, instead of the lifetime tag currently issued. He
also stated he would rather act on the entire ordinance at one time.
MESERVE X
Substitute Motion: Defer action on Ordinance 95-96-66 until REED
June 24, 1996 to allow for further consideration of sections ROSENBLOOM
dealing with: filing of an affidavit, dogs/cats in heat, annual SHAUGHNESSY
licensing and a review of fines. FLETCHER X
Amended Substitute Motion: Adopt Ordinance 95-96-66 as MESERVE X X
REED X
amended to exclude Sections 4-31 and 4-32. ROSENBLOOM X
SHAUGHNESSY X X
The amended substitute motion carried by a four to one vote with FLETCHER X
Commissioner Rosenbloom voting nay.
Motion: Defer action on the excluded sections of the ordinance MESERVE X X
until June 24, 1996, at which time a new ordinance will be REED X
presented incorporating Sections 4-31 and 4-32 . ROSENBLOOM X
SHAUGHNESSY X X
FLETCHER X
There was no further discussion and the motion carried unanimously.
The City Clerk was directed to establish a mailing list of those citizens who
expressed their concerns with the proposed ordinance. City Staff and the
interested citizens will review Sections 4-31 and 4-32 and recommend changes
for further consideration by the City Commission.
At this point in the meeting the Mayor called for a short recess and the meeting
reconvened at 9:50 p.m.
7. New Business:
A. Award contract to Nooney Construction for replacement of the
walkway bridge on Plaza pursuant to the specifications of Bid No.
9596-13 at a cost of$25,975.00
Motion: Award contract to Nooney Construction for the MESERVE X X
REED X
replacement of the walkway bridge on Plaza pursuant to the ROSENBLOOM X X
specifications of Bid No. 9596-13 at a cost of$25,975.00. SHAUGHNESSY x
FLETCHER X
There was no discussion. The motion carried unanimously.
B. Waive purchasing procedures and approve payment of Heywood
Minutes - Page 7 v V
May 28, 1996 NAME OF
COMMRS. MS Y N
A. Dowling invoice in the amount of$11,000 for renovations at the
Adele Grage Community Center
Mr. Dowling appeared before the Commission and requested reimbursement of
$7,088 already spent for renovations at the Community Center with $1,615 of
the requested monies going to Donovan Air Conditioning.
Commissioner Reed questioned the expenditures on Cost Update document of
the documents presented by Mr. Dowling and asked who approved the
overages of approximately $3,000? (Exhibit B)
Mr. Dowling stated that they had run into electrical problems, crushed air
conditioning duct, and replacement of the wood had been costly. He further
stated that he could stay within budget by deleting some things such as staining
the wood. Although the project has been on-going for almost a year, it is now
60% complete. Mr. Dowling further stated that he thought he had received
authorization to proceed with the project when the $11,000 appropriation was
approved at the August 14, 1995 Commission Meeting.
Commissioner Shaughnessy questioned who had been inspecting the project.
Public Safety Director Thompson stated that no one from the City had been
inspecting the project. Building Official Ford stated that there had been one
electrical inspection during the past year and it had failed. It was also stated
that the original structure , with the exception of the auditorium, had old wiring
which posed a safety hazard. He further stated that to bring the entire building
up to code, according to the original plan, which had been approved by the City
but deviated from, would require considerable additional budget.
Motion: Waive bid procedure and pay $7,088 requested by Mr. MESERVE X
Dowling for work completed at this time. REED X
ROSENBLOOM X X
The motion carried unanimously. FLETCHERSSY X X
FLETCHER X
The Commission stated that Mr. Dowling should meet with the Building
Official, Fire Chief and the City Manager to determine the costs involved to
complete the project and bring their recommendations to the next Commission
meeting.
C. Approve expenditure of$5,748.36 for additional site work MESERVE X X
necessary for the expansion of the Public Safety Building REED X
ROSENBLOOM X X
Motion: Approve expenditure of$5,748.36 for additional site SHAUGHNESSY X
FLETCHER X
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Minutes - Page 8 NAME OF
gIF May 28, 1996 COMMAS. MS Y N
work necessary for the expansion of the Public Safety Building.
There was no discussion. The motion carried unanimously.
D. Award contract to Beachcombers, Inc. for beach cleaning pursuant
to the specifications of Bid No. 9596-18 at a total annual cost of
$24,000
MESERVE X
Motion: Award contract to Beachcombers, Inc. for beach cleaning REED X X
services as outlined in the specifications of Bid No. 9596-18. ROSENBLOOM X
SHAUGHNESSY X X
There was no discussion. The motion carried unanimously. FLETCHER X
E. Award contract for removal of underground storage tanks at
Water Treatment Plant No. 3 pursuant to the specifications of Bid
No. 9596-19 at the bid price of$10,170.00
Motion: Award contract to Innovative Services for removal of MESERVE X
underground storage tanks at Water Treatment Plant No. 3 as REED x x
. outlined in the specifications of Bid No. 9596-19. ROSENBLOOM XSHAUGHNESSY X X
FLETCHER X
There was no discussion. The motion carried unanimously.
F. Authorize additions to the Donner Park Community Center project
as recommended by Mayor Fletcher
Mayor Fletcher reported that the architect for the building was recommending
inclusion of handrails at the entryway, 8' roof vents on the south side of the
building and the addition of light fixtures on the north and south porches. He
asked Public Works Director Kosoy to review these recommendations and
report his findings at the next Council Meeting.
City Manager Reports and/or Correspondence:
Acting City Manager Thompson commended the Fire Department for its quick
response time to a recent house fire in Royal Palms Subdivision.
Reports and or Requests From City Commissioners. City Attorney
and City Clerk
Commissioner Meserve stated that he had received a complaint regarding the
City's parking permit. Issuance authorization for the permits expired in
Minutes - Page 9 v V
NAME OF
May 28, 1996 COMMRS. MS Y N
February 1996 making them illegal. He asked that the City Manager look into
this.
There being no further business to come before the City Commission, the
Mayor declared the meeting adjourned at 10:40 PM.
_ - .00.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST:
✓ II ' ate _
Ma► een King, CMI
City Clerk
•
0
I
do' EXHIBIT A
May 28, 1996
The Honorable Mayor
and Members of the City Commission
City of Atlantic Beach
Reference: Proposed Animal Control Ordinance 95-95-66
4-30 - Noises - (copy attached)
I feel this language is too vague, and that it takes away from the rights and privileges of
citizens of the city. For instance, if a person has had "words" or a grievance with his
neighbor, this language could be used improperly and cause a hardship on the city as
well as the individual being complained against.
At present there are noise ordinances, such as building ordinances that I think sufficiently
enforce the noise ordinance, from 11:00 p. m. until 8:00 a. m., and this new language is
just creating another ordinance that is, in my opinion, too vague.
I realize that dogs bark. But I also know that dogs are going to bark at cats that are not
maintained, children playing, and so forth. I feel this language could abused the way that
it is written.
In the neighborhood in which I live we have children, pets, and very close knit group of
people that watch out for each other and I am very proud of living in this area. When one
has a party, for instance, we allow each other to park in our yards, and we try to be
neighborly. But unfortunately, there is one individual that complains constantly about
everything, and this language would give him the opportunity to be constantly
complaining against his neighbors' dogs, cats, etc.
Edward Russell
317 8th St.
• SECTION 2. The Code Of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding new sections to be numbered 4-9, 4-30 and 4-31, which sections
shall read as follows:
Sec. 4-9. Injuries caused by animals: •
If an animal is off of the property of its owner or of the property of the person
who has custody of the animal and the animal attacks and injures any person
or other animal, the owner or person in custody of the animal shall be guilty
• of a violation of this ardcle.
Sec. 4-30. Noises.
Any animal or fowl which persistently makes noises for an hour or longer and
annoys citizens of the city shall be declared a nuisance under this chapter. '
Sec. 4-31. Female dogs or cats in heat..
It shall be unlawful for the owner of a female dog or cat in heat to permit or
allow it to be in a public place. The owner of a female dog or cat in heat
shall, at all times, keep it securely confined on private property and inside a
1111 secure building or enclosure so as to prevent conception, with the exception•
of instances of planned breeding. A female dog or cat which is found to be
in violation of this section is hereby declared to bea nuisance and it shall be
impounded as provided in this chapter. Animals participating in bona fide
animal competitions and shows are exempt from, these restrictions."
SECTION 3. Secs. 4-6 and 4-8, Article I of Chapter 4, of the Code of Ordinances
of the City of Atlantic Beach, Florida, are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 1996.
PASSED by the City Commission on second and final reading this day of
, 1996.
ATTEST:
MAUREEN KING LYMAN T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
4 0
sr EXHIBIT B
• Heywood A. Dowling
411 State Certified Contractor
CBC 006834
ADELE GRAGE COMMUNITY CENTER
RENOVATIONS CTD = Cost to Date
CTC = Cost to Complete
COST UPDATE FINA1=projected Final Cost
May 10, 1996 DIFF Over(-) or Under(+) Budge
CODE DESCRIPTION BUDGET CTD CTC FINAL DIFF.
A. Ceiling and Wall Restoration
1 . Electrical 2 , 355 2,420 400 2 , 820 - 465
2. Air conditioning 1 , 190 1 , 615 -0- 1 , 615 - 425
3. Attic Insulation 600 9 591 600 -0-
4. Carpentry 850 1 , 726 -0- 1 , 726 - 876
5. Staining 1 ,500 1 , 273 2 ,470 3, 743 -2 , 243
6. Flooring 290 -0- 290 290 -0-
7. Miscellaneous 500 45 100 145 + 355
Totals 7,285 7,088 3,851 10,939 -3,654
IP
B. Bathroom Addition
1 . Plumbing 1 , 500
2. Electrical 125
3. Carpentry 875
4. Staining 225
5. Flooring 490
6. Miscellaneous 500
Total $ 3,715
Combined Total $ 11 ,000
Approved by Cit /
Commission / / -' / \/
Prepared by _ZogglE Date : May 10, 1996
H-ywooc� A: Dowling'
New Construction & Remodeling
113 4th Street • Atlantic Beach, FL 32233 • Phone/Fax (904) 246-1833