11-11-96 v •
CITY OF ATLANTIC BEACH
COMMISSION MEETING- November 11, 1996
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission meeting of October 28, 1996
2. Recognition of Visitors:
3. Unfinished Business:
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from Code Enforcement, and Recreation
Departments
5. Action on Resolutions:
A. Resolution No. 96-51
A RESOLUTION: OF THE CITY OF ATLANTIC BEACH, FLORIDA, _ _.
SETTING A TIME AND PLACE FOR A PUBLIC HEARING ON A
PROPOSAL TO LEVY A SPECIAL ASSESSMENT FOR A SEWER LINE
TO SERVE THE PROPERTY OWNERS BETWEEN 16TH AND 20TH
STREETS ON BEACH AVENUE, AND ON SECTIONS OF DEWEES
AVENUE, SHELL STREET, COQUINA PLACE, OCEAN BOULEVARD
AND SEMINOLE ROAD, AND PROVIDING AN EFFECTIVE DATE
6. Action on Ordinances:
A. ORDINANCE NO. 5-96-28 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND
CHAPTER 2, ADMINISTRATION, TO PROVIDE FOR THE PURCHASE OF
GOODS OR SERVICES FROM GOVERNMENT-RELATED STATEWIDE OR
NATIONAL ASSOCIATIONS, AND PROVIDING AN EFFECTIVE DATE
B. ORDINANCE NO. 40-96-19 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS, INC., TO USE THE
PUBLIC STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF
ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND
THEREUNDER, AND PROVIDING AN EFFECTIVE DATE
PAGE TWO MINUTES NOVEMBER 11, 1996
7. New Business:
A. Authorize the City Manager to execute a contract with Architect William Morgan
to design renovations to the lifeguard building
B. Authorize the Mayor to execute the Certificate of Acceptance of Subgrant Award
entitled Beaches Drug Task Force II
C. Authorize the Mayor to execute Addendum No. 1 to Conceptual Approval
Agreement with the Florida Communities Trust as a part of the Preservation 2000
grant
D. Authorize payment of$2,037.33 to A.A. Septic Tank Service, Inc., for additional
piping required in the Mater Main Extension on Mayport Road (Project No. AW-
9602)
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.
V v
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC 0 0
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T T
ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 11, 1996 E E
D D
PRESENT: Lyman Fletcher, Mayor M S
John Meserve 0 E
Tim Reed T C
I O Y
Steve Rosenbloom NAME OF ON E N
Suzanne Shaughnessy, Commissioners COMMRS. N D S 0
AND: James Jarboe, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order. The invocation was given by Commissioner
Shaughnessy followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
October 28, 1996.
MESERVE X
Motion: Approve minutes of the Regular Meeting held REED X X
ROSENBLOOM X
October 28, 1996. SHAUGHNESSY X X
FLETCHER X
The motion carried unanimously.
2. Recognition of Visitors:
Alan Potter of 374 Second Street presented a letter to the City Commission
indicating his opinion that ... "insufficient engineering design work had been
accomplished and presented to support `preliminary' cost figures or warrant any
consideration of proposed property assessments." The figures referenced in the
letter came the Series 1996 Utilities System Revenue Bond Statement. As
requested by Mr. Potter, the letter is attached and made part of this official
document. (Attachment A).
3. Unfinished Business:
There was no unfinished business.
4. Consent Agenda:
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Minutes Page 2 NAME OF
November 11, 1996 COMMRS. MS Y N
A. Acknowledge receipt of monthly reports from Code
Enforcement and Recreation Departments
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
A. RESOLUTION NO. 96-51
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SETTING A TIME AND PLACE FOR A
PUBLIC HEARING ON A PROPOSAL TO LEVY A
SPECIAL ASSESSMENT FOR A SEWER LINE TO SERVE
THE PROPERTY OWNERS BETWEEN 16TH AND 20TH
STREETS ON BEACH AVENUE, AND ON SECTIONS OF
DEWEES AVENUE, SHELL STREET, COQUINA PLACE,
OCEAN BOULEVARD AND SEMINOLE ROAD, AND
PROVIDING AN EFFECTIVE DATE
MESERVE X X
REED X X
Motion: Adopt Resolution No. 96-51. ROSENBLOOM X
SHAUGHNESSY X
Mayor Fletcher read the Resolution by title only and explained the FLETCHER X
public hearing on the special assessments would be held January 20,
1997 at 7:15 PM in the Commission Chambers. It was also explained
that a notice would be published in the local newspaper and individual
notices will be sent to the affected property owners.
There was no discussion and the motion carried unanimously.
6. Action on Ordinances:
A. ORDINANCE NO. 5-96-28 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO
AMEND CHAPTER 2, ADMINISTRATION, TO PROVIDE FOR
THE PURCHASE OF GOODS AND SERVICES FROM
GOVERNMENT-RELATED STATEWIDE OR NATIONAL
ASSOCIATIONS AND PROVIDING AN EFFECTIVE DATE MESERVE X
REED X
Motion: Pass Ordinance No. 5-96-28 on final reading.
ROSENBLOOM
SHAUGHNESESS X X
SY X X
FLETCHER X
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Minutes Page 3 NAME OF
November 11, 1996 COMMRS. MS Y N
Mayor Fletcher read the ordinance by title only and opened the public hearing
and invited comments from those present. No one spoke and the public
hearing was declared closed.
There was no discussion and the motion carried unanimously.
F. ORDINANCE NO. 40-96-19 - Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC., TO USE THE PUBLIC
STREETS OF ATLANTIC BEACH FOR THE PURPOSES OF
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE AND TELEGRAPH
EQUIPMENT THEREON AND THEREUNDER, AND
PROVIDING AN EFFECTIVE DATE
Mayor Fletcher read the ordinance by title only, and opened the public hearing.
MESERVE X
Motion: Pass Ordinance 40-96-19 on final reading. REED X
ROSENBLOOM X X
J.P. Marchioli of 414 Sherry Drive indicated his concern that the telephone SHAUGHNESSY X X
FLETCHER X
equipment cabinet obstructed the view at the intersection of Fifth Street and
Sherry Drive. It was reported that the Public Safety Department had looked
into this matter and determined the cabinet did not obstruct the view.
There were no further public comments and the public hearing was closed.
There was no discussion and the motion carried unanimously.
7. New Business:
A. Authorize the City Manager to execute a contract with Architect
William Morgan to design renovations to the lifeguard building
Motion: Authorize the City Manager to execute a contract with MESERVE X
REED X
William Morgan to design renovations to the lifeguard building. ROSENBLOOM X
SHAUGHNESSY X X
Public Safety Director Thompson explained $40,000 had been budgeted for the FLETCHER X X
renovations from money received from the interlocal agreement with the City
of Jacksonville. It was further explained that Lifeguard Captain Chip Drysdale
had been working with William Morgan on the design of the building. The
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Minutes Page 4 NAME OF
November 11, 1996 COMMRS. MS Y N
contract for architectural services was presented for approval.
Mayor Fletcher questioned if the City needed to go through the Request for
Proposal (RFP) process for the project. City Manager Jarboe explained under
state guidelines, the procedure was not required because the entire project cost
was less than $120,000 and the professional service cost was less than $10,000.
Commissioner Rosenbloom stated that he favored using this procedure to select
architects and engineers and would like a written policy to this effect. City
Attorney Jensen stated he would provide Commissioner Rosenbloom a copy of
the Florida Statutes pertaining to the Consultants Competitive Negotiations
Act.
There being no further discussion the question was called and the motion
carried unanimously.
B. Authorize the Mayor to execute the Certificate of Acceptance of
Subgrant Award entitled Beaches Drug Task Force II
MESERVE X X
Motion: Authorize the Mayor to execute the Certificate of REED X
Acceptance of Subgrant Award entitled Beaches Drug Task ROSENBLOOM X
Force II. SHAUGHNESSY X X
FLETCHER X
There was no discussion and the motion carried unanimously.
C. Authorize the Mayor to execute Addendum No. 1 to Conceptual
Approval Agreement with the Florida Communities Trust as a part
of the Preservation 2000 Grant.
Motion: Authorize the Mayor to execute Addendum No. 1 to MESERVE X x
Conceptual Approval Agreement with the Florida Communities REED x x
ROSENBLOOM X
Trust as a part of the Preservation 2000 Grant. SHAUGHNESn X
FLETCHER X
There was no discussion and the motion carried unanimously.
D. Authorize payment of$2,037.33 to AA Septic Tank Service, Inc.,
for additional piping required in the Water Main Extension on
Mayport Road (Project No. AW-9602)
MESERVE X
Motion: Authorize payment of$2,037.33 to AA Septic Tank REED X
Service, Inc. for additional piping required in the Water Main ROSENBLOOM X X
Extension on Mayport Road. SHAUGHNESSY X X
FLETCHER X
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Minutes Page 5 NAME OF
November 11, 1996 COMMRS. MS Y N
There was no discussion and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
Adele Grage Community Center
City Manager Jarboe reported that the Adele Grage Community Center had
been broken into and two 800 MHZ radios stolen.
Change Order No. 5 - Public Safety Building Expansion Project
City Manager Jarboe deferred explanation of the request to Building Official
Don Ford. Mr. Ford stated that the change order was for matching shingles for
the carport, new keyed locks for existing doors, new tile to retile the entire hall
because tile matching existing tile was not available, and extending the carport
overhang four feet to cover sidewalk areas. The total amount of the change
order was $1,855.25 and the entire project was reported to still be under
budget.
Motion: Approve Change Order No. 5 of the Public Safety MESERVE X X
Building Expansion Project in the amount of$1,855.25. REED X X
ROSENBLOOM X
SHAUGHNESSY X
There was no discussion and the motion carried unanimously. FLETCHER X
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
City Attorney Alan Jensen, as the city's confidential representative in
negotiations to purchase Dutton Island, requested that City Manager Jarboe and
he be authorized to execute an addendum to the conceptual agreement with the
Florida Communities Trust to extend the deadline for negotiations to May 8,
1997. City Attorney Jensen also requested that the Mayor write a letter
indicating that the City Manager and City Attorney were authorized to execute
the agreement addendum on behalf of the city.
Motion: Authorize City Attorney Jensen and City Manager Jarboe MESERVE X
to execute an addendum to the conceptual agreement with the REED X
Florida Communities Trust to extend the negotiations deadline to ROSENBLOOM X X
May 8, 1997 and authorize the Mayor to write a letter stating the SHAUGHNESSY X X
City Attorney and City Manager are authorized to execute the FLETCHER X
addendum.
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Minutes Page 6 NAME OF
November 11, 1996 COMMRS. MS Y N
There was no discussion and the motion carried unanimously.
Commissioner Meserve inquired as to the status of the referendum to annex
the marshland abutting the intercoastal waterway and was advised the General
Counsel for the City of Jacksonville had not yet rendered an opinion.
There being no further discussion or business to come before the Commission,
the meeting adjourned at 7:50 p.m.
.11111011
Lyman Fletcher
Mayor/Presiding Officer
ATTEST:
Ma en King, C -J
City Clerk
• ATTACHMENT A
NOVEMBER 11, 1996 COMMISSION MEETING
ALAN W. POTTER,SR
374 Second Street
Atlantic Beach,Florida 32233
HAND DELIVERED
November 11, 1996
City Commission
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233
Re: Capital Improvements for Streets and Drainage
The City of Atlantic Beach is planning to spend$6,000,000 to$8,000,000 on a Capital Improvement
Program. This major expenditure anticipates either correcting,replacing,or improving water,sewer,
storm sewer, and paving facilities in old Atlantic Beach.
On March 1, 1996, the City of Atlantic Beach issued its "Official Statement" (i.e., prospectus)
concerning the$22,835,000 City of Atlantic Beach, Florida Utilities System Revenue Bonds, Series
1996.
Contained within that "official statement" (on page 33) is a description of "The 1996 Project."
That document lists numerous projects and budgets intended to be accomplished. Importantly,the
current water, sewer,storm, curbs, and paving proposals are included in Items 9, 10 and 11 of The
1996 Project. The item descriptions and budgets listed are:
ITEM DESCRIPTION B!JDGET
9 Water Main Upgraded $ 894,000
10 Sewer Rehabilitation $3,200,000
11 Storm Water Master Plan Implementation $3,982,000
TOTAL $8,076,000
On October 14, 1996,your consulting engineer, Mr. Hugh Mathews(of England, Thims& Miller,
Inc.)presented a multi-paged document to the City Commission. That document is entitled"Project
Presentation for Stormwater, Water Distribution and Sewage Collection Improvement Project."
4
City Commission
City of Atlantic Beach
November 11, 1996
Page 2
Page 13 of that"Project Presentation" included word choices and subtitles that were without
reasonable definition; those were:
1. Preliminary Opinion of Required Project Budget
2. Prorated "General" Value $ 553,000
3. Prorated "Roadway" Value $ 869,000
4. Administrative Services 428,000
TOTAL $1,850,000
Presumably, the total cost for engineering services was included in "The 1996 Project."
Noteworthy, such cost for engineering services is not listed in the "Project Presentation."
Due to the very preliminary nature of the engineering design and discussion on October 14, 1996
and since, it is my opinion that insufficient engineering design work has been accomplished and
presented to either support the "preliminary" cost figures or warrant any consideration of proposed
property assessments.
Respectfully,
Alan . Potter, Sr.
AWP/amh
Attachments (2)
v
•
THE 1996 PROJECT
The 1996 Project consists of a series of eleven items of improvements, extensions and additions
to the System and implementation of the City's Stormwater Master Plan. The 1996 Project also includes
that portion of the 1993 Project to be paid from proceeds of the Series 1996 Bonds which is
approximately $2,172,585. The estimated time for construction for the collective projects is four years,
with completion scheduled in the year 2000. The estimated aggregate cost of the 1996 Project
improvements (including the remaining 1993 Project items) is approximately $14,841,225. A portion
of the proceeds of the Series 1996 Bonds, in the approximate amount of$13,743,993, will be deposited
into the 1996 Project Account and, together with Investment Earnings thereon, will be applied by the City
to pay 1996 Project Costs. The component parts of the 1996 Project (excluding the remaining 1993
Project items) are as follows:
Capital Improvement Program
for Four Fiscal Years Ending September 30, 2000
($ in thousands)
Description Budget
1. New Well/Water Treatment
Plant #2 $100,000
2. City Water Meters 15,000
3. Corrosion Reduction 5,000
4. New Master Lift Station/
Buccaneer WWTP 253,000
5. Facility Improvements/
Buccaneer WWTP 1,400,000
6. Influent Flow Meter and
Controls, Buccaneer WWTP 8,500
7. Water and Sewer Improvements
Oak Harbor 1,200,000
8. Water and Sewer Improvements
Beach Avenue 895,000
9. Water Main Ungraded
Various Location 894,000
10. Sewer Rehabilitation 3,200,000
11. Stormwater Master Plan
Implementation 3,982,000
12. Capital Improvements Program Contingency 131.500
TOTAL $12,084,000
Source: Consulting Engineer's Report
•
33
4
('
PRELIMINARY OPINION OF REQUIRED PROJECT BUDGET
TOTAL BASE PROJECT — AW9602 AS9601 SU9601
OVERLAY EXIST. SECTION WATER STORMWATER SANITARY SEWER Totals
ITEM SUBTOTAL $450,000 $2,346,000 $585,000 $3,381 ,000
PRORATED "GENERAL" VALUE $83,000 $138,000 $332,000 $553,000
PRORATED "ROADWAY' VALUE $130,000 $217,000 $522,000 $869,000
CONTINGENCY (15%) $ 100,000 $405,000 $216,000 $721 ,000
ESTIMATED BID $763,000 $3, 106,000 $1 ,655;000 $5,524,000
ADMINISTRATIVE SERVICES $45,000 $217,000 $166,000 $428,000
SUBTOTAL 5808,000 S3,323,000 51 ,821 ,000
TOTAL BASE PROJECT BUDGET = $5,952,000
ADDITIONAL ITEMS OVER ORIGINAL PROJECT SCOPE:
CURB AND GUTTER SECTION $1,227,000
SHERRY DRIVE RECONSTRUCTION $403,000
OUTFALL IMPROVEMENTS $1,000,000 ±
England . Thims & miIler ,lnc.
MINUTES OF THE JOINT MEETING OF ATLANTIC BEACH CITY COMMISSION AND
PENSION BOARD OF TRUSTEES HELD IN COMMISSION CHAMBERS, CITY HALL, 800
SEMINOLE ROAD, AT 6:30 PM ON MONDAY, NOVEMBER 11, 1996
City Commission Members Present:
Lyman T. Fletcher, Mayor
John Meserve, City Commissioner
Tim Reed, City Commissioner(Arrived 6:45 PM)
Steve Rosenbloom, City Commissioner
Suzanne Shaughnessy, City Commissioner
Pension Board Members Present:
Stuart K. Hicks, Chairman
John Fletcher
Don Ford
Jared I. Smith
Chip Tousey
Also: James R. Jarboe, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
Mayor Fletcher called the meeting to order and explained that the meeting had been called to clarify
any questions the Pension Board members had regarding the responsibilities of the board and invited
the board members for their comments.
Stuart Hicks indicated that there was a difference of opinion between the employee representatives
and the other board members regarding the role and responsibilities of the board. He indicated that
the specific matter which brought about this difference was the recent request for a 3% cost of living
increase for retirees. Mr. Hicks indicated he felt this was a policy decision which should be decided
by the City Commission. Don Ford, General Employees' representative to the board, however, felt
that retirees had no other avenue available to them through which to request an increase. Mr. Ford
indicated that historically, the board had reviewed requests for pension enhancements and make
recommendations the City Commission based on actuarial reports. Mr. Hicks, however, felt that the
board should make recommendations only if directed to do so by the City Commission.
Discussion ensued and the City Attorney indicated that while the ordinance did not require the board
to make recommendations,they could do so if they chose, or they could make recommendations on
matters referred to them by the City Commission. It was felt, however, that the language in the
pension ordinance was vague and should be rewritten. However, the Mayor felt the matter of a
COLA for retirees needed to be resolved as quickly as possible. Mr. Hicks pointed out that a meeting
Page Two
Minutes of Joint Meeting
November 11, 1996
of the Pension Board was scheduled for the following evening at which time the board would
consider hiring their own legal advisor. The City Manager, however, pointed out that only a limited
amount of money had been budgeted for that purpose.
Commissioner Rosenbloom inquired whether the fund was over funded and Mr. Hicks indicated that
the plan had done extremely well with the investments. However, he indicated that the fund had gone
from being over funded to being under funded based on recent changes in the market. Finance
Director Ann Meuse indicated that in her opinion the fund was not under funded but that there was
a change in accounting principals which changed the method of evaluating the fund and while the fund
may appear to be under funded, this was on paper only.
Following further discussion it was consensus that the pension ordinance should be updated and that
the question of the COLA for retirees should be resolved as quickly as possible.
There being no further discussion, the meeting was adjourned at 7:15 PM.
Maureen King
City Clerk