06-10-96 v it
CITY OF ATLANTIC BEACH
-I COMMISSION MEETING -JUNE 10, 1996
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular meeting of May 28, 1996
2. Recognition of Visitors:
3. Unfinished Business:
A. Appointments to the Cultural Arts Board
(4 members for 3-year terms; 3 members for 2-year terms)
4. Consent Agenda:
A. Acknowledge receipt of Public Works projects report
B. Acknowledge receipt of Building Department report for May
C. Acknowledge receipt of Code Enforcement report for May
D. Acknowledge receipt of Recreation Department facilities usage report for May
E. Acknowledge receipt of report relative to Parking Permit Program
5. Action on Resolutions:
A. Adoption of Resolution No. 96-24: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, IN SUPPORT OF S.1181 AND H.R. 3351,
TITLED "THE SHORE PROTECTION ACT OF 1996"; URGING THE BILLS'
QUICK PASSAGE AND PROVIDING FOR AN EFFECTIVE DATE
6. Action on Ordinances:
A. Ordinance No. 95-96-67 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 129, BY ADDING A NEW SECTION 19-4. SPECIAL EVENTS
RULES AND REGULATIONS, TO PROVIDE RULES AND REGULATIONS
FOR THE STAGING OF SPECIAL EVENTS ON PUBLIC PROPERTY AND
PROVIDING AN EFFECTIVE DATE
7. New Business:
A. Approve final plat for Francis Cove subdivision and authorize execution of same by
Mayor and City Clerk
B. Approve Change Order No. 1 in the Water Line Connection to Oceanwalk subdivision
representing a deduction in the amount of$5,763.00
C. Authorize staff to seek bids for a new or reconditioned fire truck
D. Approve Change Order No. 1 and authorize expenditure of funds to relocate electric
box at Donner Park Community Center as requested by the architect
Page Two AGENDA June 10, 1996
8. City Manager Reports and/or Correspondence:
A. Report on Capital Improvement Projects
B. Report relative to Department of Community Affairs grant to Atlantic Beach Police
Department
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.
✓ V
O O
T T
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH E E
D D
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD,
AT 7:15 PM ON MONDAY, JUNE 10, 1996
M S
PRESENT: Lyman Fletcher, Mayor 0 E
•
John Meserve T C
I O Y
Tim Reed NAME OF ONE N
Suzanne Shaughnessy, Commissioners COMMRS. N D S O
AND: Alan C. Jensen, City Attorney
Maureen King, City Clerk
James Jarboe, City Manager
ABSENT: Steven Rosenbloom , Commissioner (Excused)
The meeting was called to order. The invocation was followed by the Pledge
of Allegiance to the Flag.
L Approval of the minutes of the Regular Meeting held May 27,
1996.
MESERVE X
Motion: Approve minutes of the regular meeting held May 27, REED X X
1996. SHAUGHNESSY X X
FLETCHER X
The motion carried unanimously.
L Recognition of Visitors:
J.P. Marchioli of 414 Sherry Drive requested Commission consideration of
modifying the City's water billing procedure to allow a customer to pay an
estimated monthly bill while on an extended vacation, based on a similar
program offered by the JEA. Mayor Fletcher stated he believed those
modifications would be too costly for a city the size of Atlantic Beach.
Alan Potter of 374 Second Street referred to a copy of the final bond
resolution for the issuance of the Series 1996 Utilities System Revenue Bonds
he had obtained from the City Clerk's office and a letter he had written to the
Editor of Shorelines(Attached Exhibit A) when expressing his concerns
related to the bond closing costs and location of the issuing agent.
Unfinished Business:
A. Appointments to the Cultural Arts Board
Minutes Page 2 v V
June 10, 1996 NAME OF
COMMRS. MS Y N
Mayor Fletcher appointed the following citizens to three year terms on the
Cultural Arts Board: Nancy DeCandis, Dan McKinnon, Cecile Purcell and
Karen Summers. Darlene Glasel was appointed to a two year term on the
Board.
The Commissioners unanimously supported the Mayor's appointments.
The two remaining seats on the Board will be filled at the next Commission
meeting.
4 Consent Agenda:
A. Acknowledge receipt of Public Works Projects Report
B. Acknowledge receipt of Building Department Report for May
C. Acknowledge receipt of Code Enforcement Report for May
D. Acknowledge receipt of Recreation Department Facilities Usage
Report for May
E. Acknowledge receipt of report relative to Parking Permit Program
Commissioner Shaughnessy questioned the difference between a duplex and a
town home. City Manager Jarboe explained the differences.
Items 4-B and 4-E were withdrawn from the consent agenda for discussion
under Item 8. The consent agenda items were received and acknowledged.
5 Action on Resolutions:
A. Adoption of Resolution No. 96-24 A RESOLUTION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, IN SUPPORT OF
S.1181 AND H.R. 3351, TITLED "THE SHORE PROTECTION
ACT OF 1996"; URGING THE BILLS' QUICK PASSAGE AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Fletcher read the Resolution by title only. City Manager Jarboe related
that this Resolution supported the continuation of federal funding for beach
renourishment and shore protection programs.
MESERVE X X
Motion: Adopt Resolution No. 96-24. REED X
SHAUGHNESSY X X
There was no discussion and the motion carried unanimously. FLETCHER X
6. Action on Ordinances:
Minutes Page 3 v V
June 10, 1996 NAME OF
COMMRS. MS Y N
A. Ordinance No. 95-96-67 Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
TO AMEND CHAPTER 129, BY ADDING A NEW SECTION 19-4.
SPECIAL EVENTS RULES AND REGULATIONS, TO PROVIDE
RULES AND REGULATIONS FOR THE STAGING OF SPECIAL
EVENTS ON PUBLIC PROPERTY AND PROVIDING AN EFFECTIVE
DATE.
The Mayor presented Ordinance 95-96-67 in full, in writing and read the
ordinance by title only. He opened the floor for public discussion of the
ordinance.
John Baillie of 1923 Beach Avenue questioned the intent of the ordinance and
asked if it kept the present city policy concerning the regulation of staging
special events. City Manager Jarboe explained that the ordinance codified the
existing in-house rules as applied to the staging of special events.
Since no one else wished to speak, the public hearing portion was closed and
the floor was opened for Commission discussion of the ordinance.
There was no Commission discussion of the ordinance.
MESERVE X
Motion: Adopt Ordinance No. 95-96-67. REED X X
SHAUGHNESSY X X
The motion carried unanimously. FLETCHER X
7 New Business:
A. Approve final plat for Francis Cove Subdivision and authorize
execution of same by Mayor and City Clerk
Community Development Director Worley informed the Commission that the
plat had been reviewed by staff and approval was recommended with a waiver
allowing the smaller 50' x 100' lots.
Mayor Fletcher inquired concerning old crepe myrtle growing on the site. Mr.
Worley stated that the Tree Board had already reviewed the site and made their
recommendations for saving older trees.
Commissioner Shaughnessy stated that she favored approval of the plat with the
condition a Homeowners' Association be included in the covenants. MESERVE X X
REED X
Motion: Approve final plat for Francis Cove Subdivision with 50' SHAUGHNESSY x X
FLETCHER X
Minutes Page 4 V V
June 10, 1996 NAME OF
COMMAS. MS Y N
x 100' lots and creation of a Home Owners' Association as a
condition of the plat approval.
There being no further discussion, the motion carried unanimously.
B. Approve Change Order No. 1 in the Water Line Connection to
Oceanwalk Subdivision representing a deduction in the amount of
$5,763.00
MESERVE X X
Motion: Approve Change Order No. 1 for Water Line Connection REED X
to Oceanwalk Subdivision representing a deduction of$5,763.00. SHAUGHNESSY X X
FLETCHER X
Commissioner Shaughnessy pointed out that the Change Order represented a
deduction and commended Gruhn-May, the company doing the work.
The motion carried unanimously.
C. Authorize Staff to seek bids for a new or reconditioned fire truck
MESERVE X X
Motion: Grant Staff authorization to seek bids for a new or REED X X
FL
reconditioned fire truck. FLETCHERSSY X
ETCHER X
There was no discussion. The motion carried unanimously.
D. Approve Change Order No. 1 and authorize expenditure of funds
to relocate electric box at Donner Park Community Center as
requested by the architect
City Manager Jarboe explained that Staff was under the impression that there
would be no charge for the work completed to move an existing meter box
from its original location next to an"exit" door. Mr. Jarboe deferred further
comments to Building Official Ford.
Mr. Ford explained that the"exit" door opened onto the meter box and for
safety reasons the box was moved closer to the service panel. When this item
was discussed with the electrician and architect, no mention was made of an
additional charge for the work. However, a bill has been received from the
architect for approximately $480 for redesign work.
The architect was not present to explain the request and no action was taken on
this matter.
8 City Manager Reports and/or Correspondence:
Minutes Page 5 v V
June 10, 1996 NAME OF
COMMRS. MS Y N
Parking Permit Ordinance- City Manager Jarboe explained the Parking
Permit Ordinance had lapsed and asked for Commission direction if the City
wished to continue issuing the permits.
Commissioner Meserve stated he had no feelings one way or the other and
questioned if the City was losing money issuing the permits. However, he
further stated that it may be beneficial to keep issuing the permits for 10th
Street.
City Manager Jarboe stated that there was no great administrative expense
involved with issuing the permits.
Mayor Fletcher stated that he believed the parking permits were a service to
the citizens of Atlantic Beach and should be continued.
Barbara Bonner of 463 Selva Lakes Circle stated that she favored issuance of
the permits and wished there could be more designated parking spaces; with at
least one at every street end.
Mr. Marchioli suggested that the matter be referred to the Parking and Traffic
Committee.
Mayor Fletcher referred the matter to staff and asked that a permanent
ordinance be drafted and brought back before the Commission at a later date.
Tiffany by the Sea Trees - City Manager Jarboe reported that half of the trees
planted on Santuriba Drive had died and there was a one year replacement
guarantee. After some discussion concerning replacement of the trees, the
matter was referred to staff to insure replacement.
A. Report on Capital Improvement Projects
City Manager Jarboe deferred discussion of the Capital Improvement Projects
to Public Works Director Kosoy. Mr. Kosoy then introduced Mr. Jim Jacques,
Technical Advisor to the City for the various projects. Mr Jacques presented a
comprehensive overview of the projects using charts and graphs to illustrate the
progress. He stated that everything was on schedule, and that many of the
smaller projects had been combined into a larger project to provide good
control and tracking.
B. Report relative to Department of Community Affairs Grant to
Atlantic Beach Police Department
Chief Campbell reported that the department expected to receive approval for
Minutes Page 6 v V
June 10, 1996 NAME OF
COMMAS. MS Y N
the 25 - 75% $23,000 matching grant the department had applied for. Grant
monies will be used for training and drug enforcement activities.
It was also reported that the new 800 MHZ radio system was up and working.
The Fire Department had been using the system since June 7, 1996 and the
Police Department would be operational on June 12, 1996. The new console
will be installed in October upon completion of the Public Safety Building
remodeling.
Reports and or Requests From City Commissioners. City Attorney
and City Clerk
City Attorney Jensen asked for Council direction in drafting an ordinance
concerning dune crossovers and stated the Florida Department of
Environmental Protection (DEP) must approve such an ordinance.
Discussion was deferred to Building Official Ford who stated that he had
spoken with Bobbie Nelson of the DEP concerning handrail height and
installation of a shorter structure. A 30" structure is the minimum height
requiring a handrail. In discussion with Ms. Nelson, it was determined that
the DEP would allow a crossover 25" in height with no handrail. However, Mr.
Ford recommended that if this height was used, it would be a safer to build the
structure four feet in width.
Commissioner Shaughnessy stated that she would prefer the walkway to stay
behind the dune line, but it was pointed out that the State would not allow this
type of crossover
Commissioner Meserve stated that he agreed with the lower height and no
handrails.
City Attorney Jensen stated that the City needed to ensure funds and personnel
would be available to enforce such an ordinance, and that if not provided, the
State can recind the City's authority to enforce the ordinance. City Attorney
Jensen further stated he had requested other coastal cities' ordinances relating
to this matter.
After some further discussion, it was the consensus of the Commission that the
City Attorney and Building Official work together to draft an ordinance which
will comply with DEP requirements; incorporating the lower height and no
handrails for Commission approval. The draft ordinance would then be sent to
the DEP for review and approval.
Commissioner Shaughnessy requested that discussion of the future of the
Minutes Page 7 V V
June 10, 1996 NAME OF
COMMRS. MS Y N
Seminole ditch be placed on the next Commission agenda so that the matter
could be resolved.
There being no further business to come before the City Commission, the
Mayor declared the meeting adjourned at 8:20 PM.
HiQ
Lymann T. Fletcher
Y
Mayor/Presiding Officer
ATTEST:
I, avitke4A1 A
Ma reen King, CMC
City Clerk
(EXHIBIT A)
, June 10, 1996
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Jacksonville,FL SATURDAY, JUNE 8, 1996 Copyright 1996,The Florida TImes-Unio
Issue: Honesty, not money
After two years of dancing
"just a little side step," the
Atlantic Beach City
Commission and the top-level
management staff have
succeeded in selling the
$22.835 million utilities
. system revenue bonds.
An examination of the bond
i
issue prospectus reveals the
"off the top" cost of issuing
the bonds is $1,084,569. The
.same identifies only
$10,150,535 of "new money"
- i.e. funds available for
capital improvements. The
cost of the issue is 10.68
percent of the construction
money generated.
A comparison of the above
' bond issue costs with the
=1993 Barnett Bank loan ($10
I million principal and $70,000
"off the top" closing costs)
- confirms the Atlantic Beach
City Commission, the city
-manager and the city finance
director have, in my opinion,
violated their oaths of office. ig3i, Sc.....i
The issue before the i
citizens of Atlantic Beach 61- Y(e(4-
1 and the customers of the
Atlantic Beach and
i .Buccaneer-Oak Harbor water
'• and sewer system is more
than the standard $1,084,469;
i the issue is honesty and
' integrity.
f . Alan W. Potter Sr.,
Atlantic Beach
ALAN W. POTTER, SR.
374 Second Street
Atlantic Beach,Florida 32233
249-9954-Home
725-4522-Work
June 4, 1996
Mr. Kyle Krieger, Editor
Shorelines
1460 S. Third Street
Jacksonville Beach, Florida 32250
Dear Mr. Kreiger:
After nearly two years of dancing"just a little side-step",the Atlantic Beach City Commission and the top-
level Management Staff have succeeded in selling the$22,835,000 Utilities System Revenue Bonds, Series
1996.
An examination of the bond issue prospectus reveals that the "off the top" cost of issuing the bonds is
$1,084,569. The same prospectus identifies only $10,150,535 of"new money"; i.e., funds available for
capital improvements. The cost of the bond issue is 10.68%of the construction money generated.
A comparison of the above bond issue costs with the 1993 Barnett Bank loan ($10,000,000 principle and
$70,000. "off the top"closing costs)confirms that the Atlantic Beach City Commission,the City Manager,
and the City Finance Director have, in my opinion, violated their oath of office.
The issue before the citizens of Atlantic Beach and the customers of the Atlantic Beach and Buccaneer-Oak
Harbor water and sewer systems is more than the squandered$1,084,569;the issue is honesty and integrity.
Respectfully,
Alan W. Potter, Sr.
••