07-22-96 v CITY OF ATLANTIC BEACH
COMMISSION MEETING - JULY 22, 1996
AGENDA
Call to order
Election for Presiding Officer
Invocation and Pledge of Allegiance to the Flag
1. Approval of the minutes of the Regular Commission meeting of July 8, 1996
2. Recognition of Visitors:
A. Performance by ABET Drama Summer Camp participants
B. Recognition of Lt. Nick VanderWal on the occasion of his retirement
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of Public Works projects report
5. Action on Resolutions:
6. Action on Ordinances:
7. New Business:
A. Appeal of Tree Conservation Board's refusal to reduce mitigation required by
ordinance
B. Presentation of Main Street Program by Town Center and required action
C. Authorize the Mayor to execute contract with Department of Transportation for
maintenance of stormwater outfalls
D. Set tentative millage rate for FY 96-97 and approve tentative budget hearing date
E. Award of contract for rehabilitation of one owner-occupied residence pursuant to the
specifications of Bid No. 9596-28
F. Approve Engineering Services Proposal for Levy Road Improvements from Connelly
and Wicker in the lump sum amount of$9,225
G. Approve Dames and Moore, Inc. for Master Plan of Tresca Park
H. Approve Change Order#1, Nooney Construction Company improvements to Howell
Park in the additive amount not to exceed $1,100
8. City Manager Reports and/or Correspondence:
A. Status report on Capital Improvement Projects
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
ADDENDUM TO AGENDA
CITY OF ATLANTIC BEACH
COMMISSION MEETING
JULY 22, 1996
3. Unfinished Business:
A. Ratification of Contract (pending approval by police before Monday night) between the
City of Atlantic Beach and Fraternal Order of Police
5. Action on Resolutions: s"
A. Resolution 96-27: A Resolution, and presentation of gun and badge, to Nick VanderWal,
honoring him for twenty-three years of service (the original resolution will be in its
final form for presentation Monday, July 22, 1996)
7. New Business:
I. Change Order#1, Harrell Construction Company, replace roof shingles on north slope of
Public Safety Building in the additive amount of$1,840.00
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.
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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, JULY 22, 1996 E E
D D
PRESENT: John Meserve
Tim Reed M S
Suzanne Shaughnessy, Commissioners 0 E
T C
I O Y
AND: Alan C. Jensen, City Attorney NAME OF ONE N
Julie M. Brandt, Secretary COMMRS. N D S 0
ABSENT: Lyman Fletcher(Excused)
Steven Rosenbloom (Excused)
Maureen King, City Clerk (Excused)
The meeting was called to order by Julie M. Brandt, Secretary, due to the
absence of the Mayor and Mayor Pro Tern. The first order of business was the
election of an Acting Mayor Pro Tem ( presiding officer) for the meeting by
the Commissioners present.
Nominations: Commissioner Reed nominated Commissioner
Meserve and the nomination was seconded by Commissioner
Meserve.
Motion: Close nominations. MESERVE X X
REED X X •
SHAUGHNESSY X
The motion carried unanimously.
Motion: Elect Commissioner Meserve Acting Mayor Pro Tem for MESERVE X X
this meeting. REED X X
SHAUGHNESSY X
The motion carried unanimously.
The invocation was followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held July 08, 1996.
MESERVE X X
Motion: Approve minutes of the Regular Meeting held July 08, REED X X
1996. SHAUGHNESSY X
The motion carried unanimously.
2. Recognition of Visitors:
A. Performance by ABET Drama Summer Camp participants.
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Minutes - Page 2 COMMRS. MS Y N
July 22, 1996
Beth Robertson, Director of the ABET Drama Summer Camp, appeared before
the Commission and thanked them for the use of the Commission Chambers for
one week of camp. It was reported that 100 children ages six to eleven and up
were participating in the camp. The aspiring young actors then performed
selections from How to Eat Like a Child and the Wizard of Oz in appreciation
for the city's support of the group. To further show their appreciation, play
tickets were given the Commissioners and City Officials.
B. Recognition of Lt. Nick VanderWal on the occasion of his
retirement.
Acting Mayor Pro Tem Meserve stated that he would like to combine the
recognition of Lt. VanderWal with Item 5A, Resolution 96-27 honoring his
many years of service with the city.
No. 96-27: A Resolution and presentation of gun and badge to Nick MESERVE x
VanderWal honoring him for twenty-three years of service REED X X
SHAUGNESSY X X
Motion: Adopt Resolution No. 96-27.
The resolution was read in its entirety and the motion carried unanimously.
After the reading and adoption of Resolution 96-27, Public Safety Director
Thompson and City Manager Jarboe presented the framed Resolution, gun and
badge to Mr. VanderWal , and on behalf of the Commission and citizens of
Atlantic Beach, thanked him for his many years of service to the city.
C. James DeLoach, 39 Saratoga Circle North.
Mr. DeLoach stated that for the past five years he had been told that waterline
replacement and drainage improvements would be made in his area. He then
asked when the waterline replacement would occur because there had been five
waterline breaks in his front yard during the past eighteen months resulting in
either his driveway or beautifully landscaped lawn being dug up. He further
stated that twice he had replaced the sod himself and now a 6 x 8' pile of dirt
has been left in his yard for the past six weeks.
Assistant Public Works Director Fussell stated that the design work for the
waterline replacement project was 75% complete and it would be six months
before work would begin. City Manager Jarboe explained the DEP permitting
process.
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July 22, 19%
Due to the difficulties experienced by Mr. DeLoach and the amount of time that
has passed, Commissioner Shaughnessy requested a full report on the status of
the water line replacement/drainage project at the next Commission meeting.
D. Bob Weiss, 1798 Selva Marina Drive.
Mr. Weiss expressed his concern that Vortex, the company spraying the city's
drainage canals for weeds, was not removing water hyacinth, which if left to
die and sink to the bottom of the canals would cause clogs and prevent good
drainage. He also stated that the chemical they used affected the lawns of those
who use the canal water for irrigation.
E. Introduction of new firefighters
Fire Chief Ruley introduced the following new firefighters to the Commission:
Paul Brennan, Tony Doshier, and Tracy Ellison.
F. Alan W. Potter, 374 2nd Street.
Mr. Potter's comments were deferred to Item 7D.
G. Penny Kamich, 193 Beach Avenue.
Mrs. Kamich commented that she had heard that landscaping at the sewage
treatment plant would cost $160,000 and asked if this was true. City Manager
Jarboe stated that it would be costly because a landscape buffer was needed to
block the view of the plant from the adjoining residential area. He further
stated that he did not know the exact cost of the project, but would obtain the
information for her.
3. Unfinished Business:
A. Ratification of Police Contract between the City of Atlantic Beach
and Fraternal Order of Police
It was reported that a letter had been received from the Fraternal Order of
Police agreeing to the terms and conditions of the 1995/1996 proposed
contract.
MESERVE X X
Motion: Ratify 1995/1996 Police Contract between the City of REED X X
Atlantic Beach and Fraternal Order of Police. SHAUGHNESSY X
There was no discussion and the motion carried unanimously.
1
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July 22, 1996
Consent Agenda:
A. Public Works Projects Report
The consent agenda items were received and acknowledged.
5. Action on Resolutions:
Action on Resolution No. 96-27 occurred under Item 2B.
6. Action on Ordinances:
None
7. New Business:
A. Appeal of Tree Conservation Board's refusal to reduce mitigation
required by ordinance
It was reported that a letter had been received from Warren and Joy Mack, the
appellants, to defer the requested hearing until the August 12, 1996
Commission meeting.
It was the consensus of the Commission to defer action on the appeal until said
date.
B. Presentation of Main Street Program by Town Center and
required action
Tom Fagan, Chairman of the Town Center Agency, Inc., stated that he was
present to request the city's support for the Florida Main Street Program
relative to the Town Center project in Atlantic Beach and Neptune Beach.
In addition to the Florida Main Street Program information packet received
earlier, Mr. Fagan gave each Commissioner sample budgets from participating
Main Street Program cities and a Town Center income statement.
Mr. Fagan then proceeded to explain the benefits derived from joining the
program, one of which would be funding for a full-time director. He further
explained that the program required 50 - 50 participation between Town Center
and the city with the city's share being approximately $10,000. A three year
pledge of support from the city in the form of a Resolution would also be
required. It was pointed out that the application deadline was July 28, 1996 .
.
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July 22, 1996
MESERVE X
Motion: Approve concept for purpose of application for the Main REED
Street Program and concept of a full-time director for Town SHAUGHNESSY X
Center.
Commissioner Reed questioned the requirement for a three year commitment
to the project and the funding requirement and asked if Neptune Beach had
agreed to support the program. Mr. Fagan replied that at this time Neptune
Beach had not committed anything to the program.
City Manager Jarboe asked if a letter of support would suffice or if a Resolution
of support was needed because the city could not draft a Resolution that night.
Much discussion ensued regarding whether the Commission could approve the
concept without committal of funds.
After considerable discussion, a short recess was called to allow the City
Attorney to read the Florida Main Street Program application documents to
clarify if a three year commitment of funding was required.
The meeting reconvened at 8:30 p.m. and discussion of funding continued and it
was determined that a financial commitment would be required as listed in
Appendix B of the application.
After some further discussion, Commissioner Shaughnessy withdrew the
original motion.
MESERVE X
Motion: Defer action on the request until a Special Called REED X X
Commission Meeting, as verified by the City Clerk, is held SHAUGHNESSY X X
to meet the deadline requirements of the application.
Mr. Fagan was directed to notify the City Clerk of his intent and to submit an
application containing the minimum requirements of the city in order for a
special called meeting to be arranged.
There was no further discussion and the motion carried unanimously.
(Note: Mr. Fagan has contacted the City Manager and indicated he does not
intend to proceed with the application this year).
C. Authorize the Mayor to execute contract with Department of
Transportation for maintenance of storm water outfalls
City Manager Jarboe explained that the interagency agreement was part of the
city's National Pollution Discharge Elimination System (NPDES) Permit
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July 22, 1996
application requirements to the United States Environmental Protection
Agency in 1993. It was further explained that executing the agreement would
obligate the city to maintain FDOT ditches in return for the funding.
Motion: Authorize Mayor to execute contract with the Department MESERVE X
of Transportation for maintenance of storm water outfalls. REED X X
SHAUGHNESSY X X
Under discussion Commissioner Shaughnessy inquired whether the dollar
amount the city would be reimbursed for maintaining FDOT ditches was figured
on a contractual basis. City Manager Jarboe stated that he would report back
with the figures.
The question was called and the motion carried unanimously.
D. Set tentative millage rate for FY96-97 and approve tentative
budget hearing date
Alan Potter of 374 2nd Street appeared before the Commission and stated that
he believed the tentative millage rate of 2.9221 was not adequate to fund the
daily operations of the city and felt the figure should be 4.92 to 5.0 mills. He
further stated that he would rather pay additional ad valorem taxes than interest
on the bond issue.
City Manager Jarboe referred to the memo from Finance Director Meuse and
deferred comments and discussion to Mrs. Meuse.
MESERVE X X
Motion: Adopt proposed millage rate of 2.9221 and set a tentative REED x x
budget hearing date of September 9, 1996 and a final budget SHAUGHNESSY X
hearing date of September 23, 1996 as proposed by Finance
Director Meuse.
Commissioner Reed questioned how binding this millage rate would be. City
Manager Jarboe stated that if 2.9221 mills was adopted at this time, it could be
lowered but not increased.
There were no further comments or questions and the motion carried
unanimously.
E. Award of contract for rehabilitation of one owner-occupied
residence pursuant to the specifications of Bid No. 9596-28
Community Development Director Worley explained this bid had been received
during the first Community Development Block Grant rehabilitation bids but
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July 22, 19%
had exceeded the $20,000 cap placed on the bids. It was later determined that
due to a medical disability, the owner should be provided air conditioning and
with negotiated reductions, the contractor was able to reduce the scope of the
work to include the air conditioning and bring the price below $20,000.
Motion: Award contract for rehabilitation of 1909 Mealy Street RESERVE X
REED X X
pursuant to the specifications of Bid No. 9596-28 and negotiated SHAUGHNESSY x x
modifications.
There was no discussion and the motion carried unanimously.
F. Approve Engineering Services Proposal for Levy Road
Improvements for Connelly and Wicker in the lump sum amount of
$9,225
City Manager Jarboe explained that this work was an extension of the original
construction designed some years ago. However, some construction changes
needed to be made before the project could be permitted.
Commissioner Shaughnessy questioned the project changes. Assistant Public
Works Director David Fussell explained that the modifications deal with the
outfall pipe that runs from the sewer plant down Levy Road to the intercoastal
and the water mains. It was further explained that Main Street was turning into
an industrial section and several businesses requested water for fire protection
and irrigation which require an upgrade of water mains from Mayport Road to
Main Street.
Commissioner Shaughnessy then questioned why this project was not being let
to bid. Mr. Jarboe explained that this is a continuing contract because
Connelly and Wicker did the preliminary work and if the project was bid out
now, it would have to start over from the beginning because no new
engineering firm would take the work of another.
Commissioner Reed questioned the whether the project was budgeted. City
Manager Jarboe responded that the previous Commission never accepted the
design or authorized funding for the project. He further explained that the
request was being made now because it made no sense to pave Levy Road and
come back later and tear it up to install new water mains and outfall pipe.
Commissioner Reed inquired as to the funding source for the project. City
Manager Jarboe stated that he would recommend that it come from the gas tax,
but it would be a Commission decision when the design stage of the project is
completed.
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Minutes - Page 8 COMMRS. MS Y N
July 22, 1996
Motion: Approve additional design work for Levy Road ME SERVE X
improvements in the lump sum amount of$9,222. REED X
SHAUGHNE S SY
Acting Mayor Pro Tern Meserve stated that this was a continuation of design
work already completed by the company. He then asked what rules would
apply to allow the city to take an additional contract like this without
competitive bidding because it is being done under a continuing contract, which
will keep costs down because the same company will be doing modifications to
their own work.
Commissioner Shaughnessy questioned whether the city was really paying for
additional design work because on Page -3- of the engineering fee proposal
presented by Connelly and Wicker, the design and permitting phase was listed
separately from the bid and construction phase.
City Manager Jarboe explained that a registered engineer oversees the work to
ensure the contractor is doing the work according to the design specifications.
The amount of$9,225 includes design and oversight work.
Commissioner Shaughnessy then questioned the wording of the motion because
she felt that there is a distinction between"design work" and "oversight work"
and stated that she would not be in favor of that. She then inquired regarding
the funding for the project. .
City Manager Jarboe stated that he would come back with a budget resolution
to transfer funds from either the gas tax or reserves.
Commissioner Shaughnessy then asked for clarification if or if not the
Commission was approving the $9,225 expenditure. City Manager Jarboe
stated that the city would come back with a contract for the Commission's
approval.
City Attorney Jensen stated that Commission was approving the execution of
the standard form contract used in many of the city's agreements. Connelly and
Wicker will do the survey and design work and then come back to the
Commission. If, at that time, the Commission elects to proceed with the
project, they will be entitled to the additional $3,850 for the bid and
construction phase. If the City Commission decides not to go forward with
the project, the engineer would not get paid that money. They would only get
paid for work actually completed. Mr. Jensen continued that he would
recommend that if the Commission approved this project tonight, they do so
subject to identification of funds by city staff. It was also suggested that the bid
and construction phase be considered as a budget item for next year because the
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July 22, 1996
work would not be done until the next fiscal year.
Commissioner Shaughnessy then questioned if it was usual to put the oversight
work in at this time. The City Attorney stated that it was usual because it
would lock in the price now.
Commissioner Reed questioned the figure of$4,100 for design and permitting
work and asked if there was a breakdown of the figure. It was reported that
there was no separation of the costs.
After some further discussion, it was determined that the original motion should
be amended to include City Attorney Jensen's recommendations.
Motion: Amend motion to approve additional design work for MESERVE X
Levy Road improvements in the lump sum amount of$9,222 REED X X
subject to identification of funds by city staff and consideration of SHAUGHNESSY X X
the construction phase of the project as a budget item for fiscal
year 1995-1996.
As a point of clarification, City Manager Jarboe stated that he would bring a
contract to the Commission for approval.
There was no further discussion and the amended motion carried unanimously.
G. Approve Dames and Moore, Inc. for Master Plan of Tresca Park
Parks and Recreation Director Timmy Johnson reported that the Commission
had chosen the engineering firm of Dames and Moore to conduct the planning
and site design work for Tresca Park. He then explained the contract would
authorize the firm to begin work on Phase I of the project, which includes
environmental and site engineering assessments and the master plan at a cost
not to exceed $20.000.
Motion: Approve contract with Dames and Moore for Phase I MESERVE X
work, including environmental and site engineering assessments REED X X
and the master plan at a cost not to exceed $20,000. SHAUGHNESSY X X
There was no discussion and the motion carried unanimously.
H. Approve Change Order#1, Nooney Construction Company
improvements to Howell Park in the additive amount not to exceed
$1,100
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Minutes - Page 10 COMMRS. MS Y N
July 22, 1996
City Manager Jarboe deferred explanation of the request to Parks and
Recreation Director Johnson. He explained that after removing the handrails
and decking from the bridge, inspection by the Building Inspector revealed
two of the twenty-one support beams needed replacing at a cost of$1,100.
Motion: Approve Nooney Construction Company Change Order MESERVE X X
#1 in the Howell Park Improvement Project in the additive REED X X
SHAUGHNESSY X
amount of$1,100 for purchase and installation of two support
beams.
Commissioner Reed questioned if the project was over budget at this time. Mr.
Johnson stated the project remained under budget at this time.
The question was called and the motion carried unanimously.
I. Approve Change Order#1, Harrell Construction Company,
replace roof shingles on north slope of Public Safety Building in
the additive amount of$1,840
Building Inspector Ford explained that this request was more an aesthetic issue
because due to the new construction several shingles had to be replaced on the
north sloping roof of the Public Safety Building and the existing shingles were
no longer manufactured. If all the shingles are not replaced, there will be
mismatched shingles. It would cost $1,840 to replace all the shingles on the
north sloping roof.
Motion: Approve Change Order#1, Harrell Construction MESERVE X
Company, for replacement of roof shingles on north slope of Public REED X x
Safety Building in the additive amount of$1,840. SHAUGHNESSY X X
Some discussion ensued concerning the six year warranty left on the existing
shingles versus a twenty year warranty on the new shingles and the aesthetics of
having mismatched shingles.
Former Commissioner Weiss spoke in favor of replacing all the shingles due to
the broad expanse of visible roof area and the visual impact mismatched
shingles would have on those driving by the building.
There being no further discussion, the question was called and the motion
carried unanimously.
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July 22, 1996
8. City Manager Reports and/or Correspondence:
A. Status report on Capital Improvement Projects
City Manager Jarboe stated that soon the city would have 20 projects going on
within the city. Briefly mentioned were the Public Safety Building, Sewer
Treatment Plant and Howell Park.
B. Mayport Trailer Park property
As background, City Manager Jarboe reported that some time ago the city had
purchased the trailer park property for expansion of the Buccaneer sewage
treatment plant. At that time the city agreed to relocate the existing trailers in
the park as part of the purchase agreement. Many units were relocated at
considerable cost to the city. One trailer which is old and unable to be moved
remains in the park. To settle the case, Mr. Jarboe stated the City will purchase
the trailer for $4,000 and have it torn down.
Due to a prior commitment, Commissioner Shaughnessy left the meeting at
9:20 PM.
9. Reports and/or requests from City Commissioners, City Attorney,
and City Clerk
Due to a lack of a quorum present, no further business was conducted and the
meeting adjourned at 9:20 PM.
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Mayorr/P,residingOfficer
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Ma ween King, C
City Clerk
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