08-26-96 v CITY OF ATLANTIC BEACH
COMMISSION MEETING - AUGUST 26, 1996
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission meeting of August 12, 1996
2. Recognition of Visitors:
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of Fire Department Reports for June and July 1996
B. Acknowledge receipt of Public Works projects report
5. Action on Resolutions:
A. No. 96-33: Adoption of Resolution of Esteem - Mitch McCue
B. No. 96-34: Adoption of Resolution of Esteem - Todd Smith
C. No. 96-35: Adoption of Resolution recognizing the action of firefighters and
lifeguards in saving a child from drowning on Atlantic Beach
D. No. 96-32: Adoption of Resolution authorizing a budget transfer to provide funding
for renovations to the Adele Grage Community Center
E. No. 96-36: Adoption of Resolution authorizing a transfer of Automated Information
Systems (A.I.S.) Grant funds
* F. No. 96-37: Adoption of Resolution supporting the proposed interlocal
gas tax agreement with Jacksonville and authorizing the Mayor to sign on
behalf of the city
6. Action on Ordinances:
7. New Business:
A. Authorize execution of Memorandum of Understanding with the City of Jacksonville
Authorizing the installation of 800 MHz trunking system at the water tower on
Eleventh Street
B. Action on a request from Sandar Industries, Inc., to appeal a decision of the Tree
Preservation Board
C. Award contract to Callaway Contracting, Inc., in the amount of$749,172.77 for water
and sewer line extensions on Beach Avenue, pursuant to the specifications of Bid No.
9596-27
D Award contract to The Milestone Company in the amount of$1,061,858.25 for Oak
Harbor Water and Sewer Rehabilitation, pursuant to the specifications of Bid No.
9596-26
* Agenda was amended to add item 5F
Page Two AGENDA August 26, 1996.
E. Approve installation of computer cabling in the Public Safety Expansion project at
a cost not to exceed $1,500.00
F. Approve installation of telephone cable and telephones in the Public Safety Expansion
project at a cost not to exceed $4,000.00
G. Authorize Hall-Mark Fire Apparatus of Ocala,to undertake repairs to fire truck in the
amount of$5,940.86
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 Conunission 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 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, AUGUST 26, 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 ONE N
COMMRS. N D S 0
i. -1. . , • - • •
Maureen King, City Clerk
James Jarboe, City Manager
The meeting was called to order. The invocation was followed by the Pledge of
Allegiance to the Flag.
1 Approval of the minutes of the Regular Meeting held August 12.
1996.
MESERVE X X
Motion: Approve minutes of the Regular Meeting held August 12, REED X
1996. ROSENBLOOM X X
SHAUGHNESSY
The motion carried unanimously. * FLETCHER X
Announcement: Mayor Fletcher announced that there would be no discussion •
or action on the Beach Avenue Special Assessments.
Recognition of Visitors:
A. Barbara Bonner- 463 Selva Lakes Circle provided a brief history
relating to the issuance of city parking permits and commented on a request to
close the First Street beach access several years ago. Mrs. Bonner complained
of obstructions which prevented parking on city right-of-way near the beach.
She encouraged the Commission to continue the parking permit program,
which provided those people living west of Seminole Road a place to park and
utilize street-end beach access.
B. Alan Potter - 231 Second Street referred to previous requests he
had made for bond closing costs for the issuance of the Series 1996 Utilities
System Revenue Bonds and disputed the information he was given related to
said costs. Mr. Potter also referred to a letter he had written to the Editor of
Shorelines on June 24, 1996, expressing the same concerns related to the
bond closing costs and disputed the figures used in the City Attorney's
response to that letter. In conclusion, he stated that he still had not received
the bond closing statement previously requested.
*Commissioner Shaughnessy arrived at the meeting after the vote
was taken.
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Minutes - Page 2 COMMRS. MS Y N
August 26, 1996
Mayor Fletcher directed City Clerk King to provide the requested documents
for Mr. Potter by the end of the week.
C. Robert Weiss - 1798 Selva Marina Drive requested assurance that
the Selva Marina lagoons would be cleaned for proper drainage in anticipation
of possible storms.
D. Megan Pfeiffer- 435 Osprey Key, a Director of the Children's
Summer Theater Program, thanked the City for use of its facilities, including
the Commission Chambers, and presented the Commission with thank you
notes from some of the children who participated in the program. She also
reported that the group had purchased a rug and trash cans for the Community
Center.
E. George Santayana - 239 Beach Avenue inquired as to the status of
proposed legislation setting standards and regulations for future beach
crossovers.
Building Official Ford stated that the work was approximately 90% complete
and should be brought before the Commission in a few weeks. After
Commission approval, the ordinance would have to be sent to the Department
of Environmental Protection for final State approval.
F. J. P. Marchioli - 414 Sherry Drive commented or inquired about the
following items:
* The concession building at Russell Park was not open on weekends
and there was no working water fountain in park.
* Sherry Drive needed to be striped to prohibit passing, no passing
signs needed to be installed and a turn lane was needed at the
Atlantic Boulevard end of the street.
This item was referred to the Public Safety Department for investigation.
* The lack of drawings or written plans for the Howell Park
improvements. Mr. Marchioli inquired if the park would be
handicapped accessible. He was informed that it would be
handicapped accessible.
G. Penny Kamich - 193 Beach Avenue inquired as to the costs of the
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Minutes Page 3 COMMAS. MS Y N
August 26, 1996
landscaping at the sewage treatment plant. Mrs. Kamich was told that the
landscaping would cost $45,000 when completed.
H. Arlene Cox and Adele Gross of Cloister Condominiums - Tenth
Street. Mrs. Cox reported that last year the Homeowners' Association had not
been able to use Adele Grage Community Center for their annual meeting
although the organization had reserved the building, and that this year they had
to reserve a room at the Sea Turtle for the meeting. She questioned how the
ABET Group could monopolize use of the city-owned building.
Mrs. Gross then read a list of questions from a letter given each Commissioner
concerning ABET's use of the building. (The letter is attached and made a
part of this official record as"Attachment A").
I. Kathleen Russell - 2117 Beach Avenue stated that she felt the
Community Center should be for the use of all the citizens of Atlantic Beach or
the citizens should vote on whether it should be used as a theater. She also
stated that she felt ABET had outgrown the building and should find other
facilities. In expressing her concerns, Mrs. Russell referenced at letter she had
written to the editor of The Beaches Leader on August 21, 1996. (The letter is
attached and made a part of this official record as"Attachment B").
J. Raymond Breault - 214 7th Street informed the Commission he had
served as Treasurer for ABET and felt ABET was a business making exclusive
use of the building to the benefit of cast and crew, not the citizens . He also
asked the Commission to look into the real use of the building and who actually
benefits from it.
K. Robert Weiss - 1798 Selva Marina Drive stated that he had visited the
Community Center and presented the Commission photographs showing a
"trashed" building. He further stated that he believed the building should be
closed until the renovations are completed and the building is brought up to
code. Mr. Weiss also stated that he believed a fee schedule should be
developed for use of the building.
Unfinished Business:
None.
Consent Agenda:
A. Acknowledge receipt of Fire Department Reports for June and July
•
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Minutes Page -4- COMMAS. MS Y N
August g, 1996
2(a
1996
B. Acknowledge receipt of Public Works Projects Report
The consent agenda items were received and acknowledged as presented.
Action on Resolutions:
A. Adoption of Resolution No. 96-33- Resolution of Esteem - Mitch
McCue
Mr. McCue was not present and adoption of Resolution No. 96-33 was
deferred.
B. Adoption of Resolution No. 96-34 - Resolution of Esteem - Todd
Smith
The framed Resolution was read in its entirety by Mayor Fletcher and presented
to Mr. Smith. On behalf of the Commission and citizens of Atlantic Beach,
Mayor Fletcher thanked Lifeguard Lieutenant Smith for his work in saving the
life of a the child on the beach.
C. Adoption of Resolution No. 96-35 recognizing the action of fire
fighters and lifeguards in saving a child from drowning on
Atlantic Beach
MESERVE X X
Motion: Adopt Resolution No. 96-35 REED X
ROSENBLOOM X X
Mayor Fletcher presented the framed Resolution to Public Safety Director SHAUGHNESSY X
Thompson and Fire Chief Ruley and commended the departments for their FLETCHER X
quick action in saving the girl's life.
D. Adoption of Resolution 96-32 authorizing a budget transfer to
provide funding for renovations to the Adele Grage Community
Center
MESERVE
REED
Motion: Adopt Resolution No. 96-32. ROSENBLOOM X
SHAUGHNESSY X
Under discussion, Commissioner Rosenbloom stated the transferring of funds to FLETCHER
provide for renovations was a formality because the funding and renovations
were approved during the last Commission Meeting.
Mayor Fletcher concurred with Commissioner Rosenbloom and stated that the
budget transfer was needed to make required repairs to bring the building up to
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August 26, 1996
code. He further stated that this was not just in support of ABET, but was
being done to complete the building for everyone to use.
Commissioner Shaughnessy commented that she did not believe $20,000 would
be enough to bring the building up to code.
Bob Weiss remarked that he would object to spending $20,000 if that
expenditure would not complete the project.
Alan Potter questioned who looks after the property and who tore up the
building. He also questioned what happened to the fixtures, which appeared to
be missing from the building.
Mayor Fletcher and Commissioner Rosenbloom spoke in support of City Staff
and the manner in which they are working to fix the building.
After some further discussion, Commissioner Shaughnessy withdrew her second
to the motion. She was advised that she could not withdraw her second, but
could make a substitute motion.
SHAUGHNESSY X
Substitute Motion: Delete from Resolution No. 96-32 the transfer of funds
from account 300-0000-381-7000.
MESERVE X
The substitute motion died for lack of a second. Commissioner Shaughnessy REED X X
stated she would withdraw her second to the first motion. ROSENBLOOM X X
SHAUGNESSY X
FLETCHER X
Commissioner Reed then seconded the original motion. The question was
called and the motion carried by a four to one vote with Commissioner
Shaughnessy voting nay.
E. Adoption of Resolution No. 96-36 authorizing a transfer of
Automated Information Systems (A.I.S.) Grant funds
City Manager Jarboe deferred to Public Safety Director Thompson who
explained that the grant monies were to be used for communications and
adoption of the resolution would formalize the approved grant.
MESERVE X
Motion: Adopt Resolution No. 96-36. REED
ROSENBLOOM
There being no discussion, the motion carried unanimously. SHAUGHNESSY X X
FLETCHER X
F. Adoption of Resolution No. 96-37 supporting the proposed
interlocal gas tax agreement with Jacksonville and authorizing the
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Minutes- Page 6 COMMRS. MS Y N
August 26, 1996
Mayor to sign on behalf of the city
MESERVE X
Motion: Adopt Resolution 96-37. REED X X
ROSENBLOOM X X
City Manager Jarboe explained that the City had received the proposed SHAUGHNESSY X
interlocal gas tax agreement with Jacksonville on the previous Friday, and it FLETCHER x
was the same as the current agreement.
Alan Potter questioned the amount of revenues the city received from the tax
and asked if the city was receiving its fair share. It was explained that the 6.5
cents optional gas tax is collected countywide and disbursed according to
population.
There being no further discussion, the question was called and the motion
carried unanimously.
6. Action on Ordinances:
None
7 New Business:
A. Authorize execution of Memorandum of Understanding with the
City of Jacksonville authorizing the installation of 800 MHZ
trunking system at the water tower on Eleventh Street
City Manager Jarboe referred to Public Safety Director Thompson's memo
concerning this request and stated that execution of the Memorandum of
Understanding authorizing installation of the 800 MHZ trunking system on the
Eleventh Street water tower would save the city money.
MESERVE X X
Motion: Authorize execution of the Memorandum of REED X X
Understanding with the City of Jacksonville authorizing the ROSENBLOOM X
installation of an 800 MHZ trunking system on the water tower on SHAUGHNESSY X
Eleventh Street. FLETCHER X
There was no discussion and the motion carried unanimously.
B. Action on request from Sandar Industries, Inc. to appeal a
decision of the Tree Preservation Board
Edward Dever, Comptroller for Sandar Industries, Inc. summarized the costs
for the entire expansion project proposed by the company, and explained that
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August 26, 1996
Sandar was requesting relief from the mitigation requirement imposed by the
Tree Preservation Board to plant ten (10) additional River Birch or Oak trees
on the site at a cost of approximately $3,000.
Jim King, Landscape Architect for Sandar Industries, Inc., provided sketches of
proposed present (Phase I) and future (Master Plan) development of the site
and stated the ten additional trees would not allow development of the site
according to the Master Plan. He pointed out that 50% of the site will be left
in a natural vegetative state, with the planned open space being almost three
times the code requirement.
Hope Van Nortwick, Chairwoman of the Tree Preservation Board, provided
the Commission with a synopsis of how the Board reached their decision and
stated the additional trees could be planted as a buffer around the perimeter of
the property. It was pointed out that the Tree Board had provided Sandar
Industries with more than $16,000 relief from the mitigation requirements and
in lieu of planting additional trees, a monetary donation could be made to the
tree fund.
ME SERVE X X
Motion: Deny the appeal request from Sandar Industries, Inc. for REED X
relief from the Tree Preservation Board's requirement to plant ten ROSENBLOOM X
additional trees on the site. SHAUGHNESSY X
FLETCHER X X
Mayor Fletcher stated that he felt the Tree Board had alredy given the
company relief from the stringent mitigation requirements of the code.
Commissioner Rosenbloom stated that he felt that the trees in that area had not
been adequately protected in the past and he hoped this action would send a
message for future permits.
Commissioner Reed stated that he favored granting relief from the requirement.
Commissioner Shaughnessy also favored granting relief, and stated she
opposed clear cutting, but felt there were plenty of trees on the Sandar site and
the additional ten trees would not significantly improve the property.
The question was called and the motion carried by a three to two vote with
Commissioners Reed and Shaughnessy voting nay.
C. Award contract to Callaway Contracting, Inc. in the amount of
$749,172.77 for water and sewer line extensions on Beach
Avenue pursuant to the specifications of Bid No. 9596-27
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Minutes-Page 8 COMMAS. MS Y N
August 26, 1996
Motion: Award contract to Callaway Contracting, Inc. In the MESERVE X
amount of$749,172.77 for water and sewer line extensions on REED X x
ROSENBLOOM X X
Beach Avenue pursuant to the specifications of Bid No. 9596-27. SHAUGHNESSY X
FLETCHER X
There was no discussion and the motion carried unanimously.
D. Award of contract to The Milestone company in the amount of
$1,061,858.25 for Oak Harbor Water and Sewer Rehabilitation
pursuant to the specifications of Bid No. 9596-26
Motion: Award contract to The Milestone Company in the MESERVE X X
amount of$1,061,858.25 for Oak Harbor Water and Sewer REED x
ROSENBLOOM X X
Rehabilitation pursuant to the specifications of Bid No. 9596-26. SHAUGHNESSY X
FLETCHER X
There was no discussion and the motion carried unanimously.
E. Approve installation of computer cabling in the Public Safety
Expansion Project at a cost not to exceed $1,500.00
Motion: Approve installation of computer cabling in the Public MESERVE X
Safety Expansion Project at a cost not to exceed $1,500.00 REED
ROSENBLOOM X X
SHAUGHNESSY X X
There was no discussion and the motion carried unanimously. FLETCHER X
F. Approve installation of telephone cable and telephones in the
Public Safety Expansion Project at a cost not to exceed $4,000.00
Motion: Approve installation of telephone cable and telephones in MESERVE X
the Public Safety Expansion Project at a cost not to exceed REED x
ROSENBLOOM X X
$4,000.00 SHAUGHNESSY X X
FLETCHER X
There was no discussion and the motion carried unanimously.
G. Authorize Hall-Mark Fire apparatus of Ocala to undertake repairs
to fire truck in the amount of$5,940.86
MESERVE X
Motion: Authorize Hall-Mark Fire Apparatus of Ocala to repair REED X X
the fire truck in the amount of$5,940.86 ROSENBLOOM X X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously. FLETCHER
8 City Manager Reports and/or Correspondence:
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Minutes - Page 9 COMMRS. MS Y N
August 26, 1996
City Manager Jarboe informed the Commission there would be a tour of the
new sewage treatment plant at 5:30 p.m. on Wednesday, September 4, 1996.
When questioned concerning the cost of the project, it was reported that it
came in 1.5% over-budget.
9. Reports and/or requests from City Commissioners, City Attorney.
and City Clerk
City Attorney Jensen reported that he would be out of town for the
September 9, 1996 Commission Meeting.
Commissioner Shaughnessy inquired as to the status of the Florida Boulevard
culvert project and the City of Jacksonville's commitment to complete the
project.
Public Works Director Kosoy reported that the project is in the design stage
and the City of Jacksonville is still committed to completing the project.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 9:40 p.m.
'matcher
Mayor/Presiding Officer
ATTEST:
Oy GU ,41-
M ureen King, Cf4 .--d
C
City Clerk
Let's vote on ET
To the editor: was not intended for their'exclusive
That familiar quotation "Give use. In return we were provided
them an inch and they will take a with entertainment and workshops
mile" has unfortunately proven to for adults and children, for a fee.
be the case in Atlantic Beach in its It wasn't long before this ex-
dealings with Atlantic Beach Ex- periment far exceeded expectations,
perimental Theatre, and it evolved into a business, run
Several years ago, discussions on city property, at the taxpayers'
were held as to what usage the old expense.
city hall, now known as the Adele Attempts to get a full accounting
Grage Community Center, would of the proceeds and expenses in-
have to benefit the entire corn- volved were met with disdain from
munity. It was envisioned as a real supporters of ABET. Their actors
community center, open to all, and theater supporters living out-
where various groups of all ages side of Atlantic Beach are clearly
:ould meet, share ideas and corn- the recipients of Atlantic Beach
^ton goals. taxpayers' generosity, and not the
The old commission chamber majority of residents for whom the
was to be the focal point for center was intended and dedicated
ectings and social gatherings. to.
Some thought was given to hosting Once again our city commission
art exhibits, showcasing the works members are being persuaded by
of our local residents. Others sug- ABET to continue subsidizing
g.estr-d leasing it out, at a minimal funds out of the taxpayers' pockets
:harge, to Atlantic Beach residents for more structural changes to the
various private functions. The Adele Grage Community Center.
_oal was to keep the old Atlantic If the city of Atlantic Beach has
-jcach City Hall the landmark it is decided to go into the theater =inu;? •ri.�+ii
busi ,,<,:?
.;ith minimal structural changes to ness, then let the taxpayers of At-
ccommodate suggest usage. lantic Beach vote on it. If we arc to
After all, it is a valuable piece of give up our right as taxpayers to the
)roperty, not only in dollars and use of a city-owned building
.:ents, but also because of its his- dedicated to the benefit of every
orical significance to our city. resident by slowly altering its struc-
Then along came ABET. As the tural and interior appearance, piece
.arne implies, it was an experi- by piece, for the benefit of one
:ent. Our city leaders at that time group,let us vote on it.
ave their "blessings," along with These decisions should be made
le taxpayers' money for the by all the taxpayers of Atlantic
laintenance, utilities, liability in- Beach at the ballot box and not by a
drance and a key to his publicly few in the commission chambers.
wned building for ABET to use.
The building, and in particular Kathleen Russell
le former commission chamber, Atlantic Reach
10 Tenth Street #11
Atlantic Beach, Florida 32233-5760
August 24, 1996
Atlantic Beach City Council
800 Seminole Road
Atlantic Beach, Florida 32233-5760
The Cloister Condominium Association, which represents 66 Atlantic Beach
homeowners, reserved the main room of Adele Grage Community center for its' October
1995 annual meeting. There were no conflicting events on the calendar. Chairs, tables
and equipment necessary for the meeting were set up by us in preparation.
When we arrived at 7 P.M. for the meeting, all chairs, tables and other
equipment had been removed. Mrs. Bailey and four others were sitting at one table.
When advised of the Cloister meeting she stated that she rented the building, was using
it for rehearsal and we would have to leave.
After protest by us she allowed us to use the small entry area in the rear of the
building. Our meeting was attended by approximately 50 very uncomfortable Atlantic
Beach taxpayers.
We have rented space for the 1996 annual meeting at the Sea Turtle hotel,
because we are again unable to use the Community Building.
Some of our homeowners and board members would like to know the basis of Mrs.
Bailey's control of our community building.
1. How much rent does ABET pay to the city? We have been unable to find any
entry in the city budget reflecting this income.
2. Is Mrs. Bailey salaried by ABET or as a city employee?
3. Does the city have a legal contract with ABET and Mrs. Bailey?
4. Are City funds given to ABET, and if so, what controls are in place, and who does
the auditing of those funds?
5. Do Atlantic Beach taxpayers assume the insurance liability and/or insurance
premiums for ABET? How much does it cost?
Mrs. Bailey's arrogant disregard for others wanting use of the Community Building
warrants investigation of ABETS operation by our elected officials.
Yours very truly,
ateL7
Richard Cox President
Cloister Condominium Association