05-09-94 v 4.
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ATLANTIC BEACH CITY COMMISSION
May 9, 1994
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the regular meeting of April 25,
1994
2. Recognition of Visitors
a. Presentation of Proclamation designating Polio Awareness
Week
b. Presentation of Proclamation recognizing Public Works
Week
3. Unfinished Business:
a. Authorize execution of contract with Sims Design
Consultants, Inc. in the amount of $35, 000.00 for
engineering services in connection with expansion of No.
3 water plant (Bob Kosoy)
b. Authorize expansion of Community Development Block Grant
(CDBG) project area to include an area west of Mayport
Road
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF
THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.
SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN
PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS.
4. Consent Agenda:
a. Acknowledge receipt of Water and Sewer Committee Report
#11
b. Acknowledge receipt of Parks & Recreation Facilities
Usage Report for April 1994
c. Authorize award of contract to Vortex Biological Services
in the amount of $3, 588.00 to chemically spray lagoons
and pond for one year in accordance with Bid No. 9394-9
d. Acknowledge receipt of building report for April 1994
5. Action on Resolutions:
a. Adoption of Resolution No. 94-15 authorizing a budget
adjustment to provide funds for survey of Tresca property
and to provide funds to pay EPA fine
b. Adoption of Resolution No. 94-16 urging the Duval County
School Board to restore Fletcher High School building
(Commissioner Waters)
c. Public Hearing and Adoption of Resolution No. 94-17
authorizing the refunding of Revenue Bonds, Series 1994A
and 1994B (Fleet Landing Project)
Page Two AGENDA May 9, 1994
d. Adoption of Resolution No. 94-18 authorizing the
execution of a supplemental trust indenture amending and
supplementing the trust indenture relating to the city' s
revenue bonds ( Fleet Landing Project ) , Series 1989
6. New Business:
a. Action relative to award of contract for Park Street
drainage improvements in accordance with Bid No. 9394-8
7. City Manager Reports and/or Correspondence:
8. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE V V
ROAD, AT 7 : 15 p. m. ON MONDAY, MAY 9 , 1994 O O
PRESENT: Lyman T. Fletcher, Mayor T T
Suzanne Shaughnessy E E
J. Dezmond Waters, III , and D D
Robert G. Weiss,Jr. ,Commissioners
AND : Kim D. Leinbach, City Manager M S
O E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I O Y
ABSENT: Steven M. Rosenbloom (excused) NAME OF D S N
N
COMMRS. N D S 0
The meeting was called to order by Mayor
Fletcher. The invocation offered by Commissioner
Waters was followed by the pledge to the flag.
1 . Approval of the minutes of the regular
meeting of April 25 , 1994
SHAUGHNESSY X
Motion: Approve minutes of the WATERS X X
regular meeting of April 25, 1994 WEISS X X
FLETCHER X
No discussion before the vote. The motion carried
unanimously.
2 . Recognition of Visitors :
a. Presentation of Proclamation designating
Polio Awareness Week
Mayor Fletcher presented in full in writing,
Proclamation designating the first week in June,
1994 , as Polio Awareness Week.
Mayor Fletcher presented said Proclamation to
Dorothy Deceurs from the First Coast Polio Syndrum
Support Group.
b. Presentation of Proclamation recognizing
Public Works Week
Mayor Fletcher presented in full in writing,
Proclamation proclaiming the week of May 15
through May 21 , 1994 as Public Works Week.
Mayor Fletcher presented said Proclamation to Bob
Kosoy, Public Works Director, and Mr. Kosoy
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May 9, 1994 v V
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thanked employees of the Public Workg, Department COMMRS. MSYN
tor their hard work .
Barbara Bonner , 463 Selva Lakes Circle , inquired
into the status of cleaning of a ditch located in
Aquatic Gardens . Mr . Kosoy explained the
Department of Transportation (D .O. T. ) had admittec
ownership of the ditch and cleaning would commence
on June 6 , 1994 .
Ms . Bonner inquired specifically concerning a
ditch located at Skate Road which she indicated
was overgrown with weeds , etc . Mr . Kosoy
explained the ditch was maintained on a regular
basis and that he had conducted a visual
inspection last week at which time the ditch was
clear of debris . It was agreed that Ms . Bonner
and Mr . Kosoy would meet at a time mutually
convenient to inspect the ditch .
Jim Jarboe , Deputy City Manager , explained the
Atlantic Beach ditches were not responsible for
flooding that had occurred in the city .
Patrick Grandy , 370 Garden Lane , inquired whether
public sewer could be made available at Lot 10 ,
Block 4 , Ocean Grove , Unit I . He explained at the
present time sewer was not available , and it was
his desire to construct a home . He passed out a
diagram to the commission indicating the parcel
where he would like to have city sewer available .
Mr . Kosoy explained the area under discussion was
part of Beach Avenue water and sewer improvements
and that the city had the plans to construct sewer
since August , 1990 . He explained Mr . Grandy would
like part of the project constructed so that he
would be able to build a home .
It was decided that the Water and Sewer Committee
would meet with Mr . Grandy to discuss the matter
on Thursday , May 12 , 1994 at 8 : 00 p . m. in the
City Hall .
Penney Riley suggested placing "Wrong Way" signs
on Beach Avenue , thus alleviating the possibility
of vehicles driving the wrong way on this one-way
street . She also suggested placing stop signs on
Beach Avenue . Mayor Fletcher explained traffic
and speeding problems would be addressed , as a
whole , early in the summer by the Traffic
Committee . In the meantime , the Mayor suggested
Ms . Riley meet with David Thompson , Police Chief ,
to discuss her concerns relative to Beach Avenue .
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May 9 , 199k-OMMRS. MSYN
3 . Unfinished Business :
a . Authorize execution of contract with Sims
Design Consultants , Inc . in the amount of
$35 , 000 . 00 for engineering services in
connection with expansion of No. 3 water
plant
Bob Kosoy explained staff recommended approval of
the Design Contract for a budgeted amount not to
exceed $35 , 000 . 00 . He indicated funds were to be
obtained from the Capital Improvement Plan monies
borrowed under the Barnett Bank loan for this
purpose . The project entailed the preparation of
two circular 150 , 000 gallon Ground Storage
Reservoirs and all related services as set forth
in the contract between Sims Design Consultants ,
Inc . and the City . He indicated a negotiated
design fee of $30 , 000 had been decided upon , but
that two additional services : ( 1 ) the preparation
of Geotechnical proposals not to exceed $3 , 500 and
( 2) the preparation of a preliminary engineer ' s
report not to exceed $ 1 , 500 had been added to the
scope of work . Thus , the total budgeted design
cost would not exceed $35 , 000 . SHAUGHNESSY X X
X
Motion: Accept recommendation for WEISSS X
approval of the Design services FLETCHER X
Contract with Sims Design
Consultants , Inc . for Water
Treatment Plant No. 3 not to exceed
$35 , 000 . 00
Under discussion , it was explained two storage
tanks would be built and that basically one tank
was a copy of the other tank . The advantage of
having two tanks was that when one tank was being
cleaned , the other tank would still be working .
The question was called and the motion carried
unanimously .
b. Authorize expansion of Community Development
Block Grant (CDBG) project area to include an
area west of Mayport Road
Kim Leinbach , City Manager , recommended expanding
the CDBG target area west of Mayport Road , bounded
on the north by Church Road , on the south by Levy
Road , on the east by Mayport Road , and on the west
by Main Street . He explained this would allow the
city to conduct housing rehabilitations and
related work in an area that suffered conditions
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May 9 , 1994 V V
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COMMRS. MSYN
similar- to tito:..c in the current Donner target
area . He indicated the Donner Community
Development Corporation had given their support to
the expansion of the target area .
Motion : Grant approval to expand SHAUGHNESSY X
the existing CDBG target area west WATERS X X
of Mayport Road to encompass the WEISS X
following property : bounded on the FLETCHER X X
north by Church Road , on the south
by Levy Road , on the east by Mayport
Road , and on the west by Main Street .
Commissioner Shaughnessy indicated there was quite
a bit of work that needed to be done in the area .
Currently the city was working with Jacksonville
in an effort to rehabilitate houses utilizing CDBG
funds .
The question was called and the motion carried
unanimously .
4 . Consent Agenda :_
a . Acknowledge receipt of Water and Sewer
Committee Report # 11
b . Acknowledge receipt of Parks & Recreation
Facilities Usage Report for April , 1994
c . Authorize award of contract to Vortex
Biological Services in the amount of
$3 , 588 . 00 to chemically spray lagoons and
pond for one year in accordance with Bid No.
9394-9
d . Acknowledge receipt of building report for
April , 1994
Mayor Fletcher presented the Consent Agenda Items .
SHAUGHNESSY X X
Motion : Approve passage of the WATERS X X
Consent Agenda WEISS X
FLETCHER X
No discussion before the vote . The motion carried
unanimously .
5 . Action on Resolutions :
a . Resolution No. 94- 15 - A RESOLUTION
TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
Mayor Fletcher presented in full , in writing ,
Resolution No. 94- 15 . He explained the resolution
authorized a budget adjustment to provide funds
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May 9 , 1E94 V V
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for survey of Tresca property in the amount of
$4 , 000 , and to provide funds to pay EPA fine it
the amount of $ 17 , 000 .
Commissioner Weiss explained the subject property
was located at Begonia Street and West First
Street . He indicated the owner was anxious to
work with the city and felt it was important tc
get the appraisal and survey completed so that a
purchase price for the property could be
negotiated .
Bob Kosoy explained the circumstances that led up
to the Environmental Protection Agency ( E . P .A. )
placing a fine against the city and he indicated
the fine had been reduced from $20 , 000 to
$ 17 , 000 . He explained in August , 1992 the EPA
notified the City that it was in violation of
continuous monitoring requirements for thq
Wastewater Treatment Plant . Subsequently , EPA was
advised by the City that the problem was due tc
lightning strikes , but after documentation
provided by the City and numerous efforts by the
City Attorney to settle the matter there was no
hope of settlement and the fine of $ 17 , 000 had to
be paid . SHAUGHNESSY X X
X
Motion : Approve passage of WEISSS X X
Resolution #94- 15 FLETCHER X
The question was called and the motion carried
unanimously .
Alan Potter suggested that a resolution opposing
the action of EPA be prepared and sent to the
Senator Bankhead , State Representative Arnall , and
Congresswoman Tillie Fowler . City Manager Kim
Leinbach was instructed to prepare a resolution
for the commission meeting of May 23 , 1994 .
b . Resolution No. 94- 16 - A RESOLUTION OF THE
CITY OF ATLANTIC BEACH , FLORIDA, IN SUPPORT OF
THE PRESERVATION AND RENOVATION OF THE
ORIGINAL DUNCAN U . FLETCHER HIGH SCHOOL
Mayor Fletcher presented in full , in writing ,
Resolution No. 94- 16 .
Commissioner Waters introduced Jenifer Hendry , a
member of Save our School Fletcher ( S .O. S .
Fletcher) who urged the commission to pass the
resolution to preserve Fletcher High School which
was considered to be a historical landmark .
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Commissioner waters felt the building had
historical significance and there were ways to
meet the demands of the School Board by preserving
the building .
SHAUGHNESSY X
Motion : Approve passage of WATERS X X
Resolution No. 94- 16 WEISS X
FLETCHER X X
Schools facilities director McGlade Halloway and
her staff architect , Frank Spencer , explained that
they felt the building had deteriorated to such a
great extent that it was not possible to save
it . It was also explained that presently there
were 300 students more than the building could
hold . They felt that if the situation were placed
on "hold" there was a possibility funds to build a
new building would be lost . It was explained the
$ 13 million project involved removing the building
that fronts Third Street , approximately 46 , 000
square feet , and two 2 , 500 square foot buildings
to the west of the school , one that houses a
classroom, the other a weight room. Those
buildings would be replaced with 98 , 000 square
feet of air conditioned/heated space . It was felt
that the welfare of the children should be put
before the building .
Those who supported saving the school felt that
time to exhaust every effort should be given
because there were so few old buildings that were
left and the building was part of the heritage of
the beaches community . It was felt that the
School Board should have attended to repairs on an
on-going basis .
William Morgan , Architect , felt a compromise could
be reached by incorporating a portion of the
original building into a new building .
It was suggested the building was structurally
sound and that it could be waterproofed and thus
saved , and that a sense of pride in one ' s school
was worth preserving .
Mayor Fletcher suggested saving the facade of the
building . He indicated respect should be given tc
the wishes of the community to preserve their
roots and he urged the school board to try to work
with the community to find a solution .
The question was called and the motion carriec
unanimously .
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c . Resolution No. 94- 17 - A RESOLUTION PROVIDING COMMRS. MSYN
FOR THF TSSUANCE BY THF CITY QF ATLANTIC BEACH .
FLORIDA, OF ITS FIXED RATE IMPROVEMENT AND
REFUNDING REVENUE BONDS , SERIES 1994A ( FLEET
LANDING PROJECT) , IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $23 , 000 , 000 , AND ITS VARIABLE RATE
DEMAND IMPROVEMENT AND REFUNDING REVENUE BONDS
SERIES 1994B ( FLEET LANDING PROJECT) , IN A
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEER
$22 , 000 , 000 , AND FOR A LOAN BY THE CITY TO NAVA
CONTINUING CARE RETIREMENT FOUNDATION , INC . ,
FLORIDA NOT-FOR-PROFIT CORPORATION , IN AN AMOUN
EQUAL TO THE PRINCIPAL AMOUNT OF SAID SERIES 199
BONDS , FOR THE PURPOSES OF (A) REFUNDING TH:
OUTSTANDING CITY OF ATLANTIC BEACH , FLORIDA,
VARIABLE RATE DEMAND REVENUE BONDS ( FLEET LANDINe
PROJECT) , SERIES 1989 , (B) FINANCING A PART OF TH :
COSTS OF A CAPITAL PROJECT FOR SAID CORPORATION ,
(C) FUNDING A DEBT SERVICE RESERVE FUND FOR TH2
SERIES 1994 BONDS , AND (D) PAYING A PART OF THE
COSTS OF ISSUING THE SERIES 1994 BONDS ; PROVIDIN
THAT SUCH REVENUE BONDS SHALL NOT CONSTITUTE
DEBT, LIABILITY OR OBLIGATION OF THE CITY OR THE
STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION
THEREOF , BUT SHALL BE PAYABLE SOLELY FROM THE
REVENUES HEREIN PROVIDED ; PROVIDING FOR THE RIGHTS
OF THE OWNERS OF THE SERIES 1994 BONDS AND FOR THE
PAYMENT THEREOF ; APPOINTING THE INITIAL TRUSTEE
AND MAKING CERTAIN OTHER APPOINTMENTS ; APPROVING
AND AUTHORIZING THE EXECUTION AND DELIVERY OF
CERTAIN DOCUMENTS REQUIRED IN CONNECTION WITH THE
FOREGOING ; APPROVING PRELIMINARY OFFICIAL
STATEMENTS RELATING TO THE SERIES 1994 BONDS ;
AUTHORIZING A NEGOTIATED SALE OF THE SERIES 1994
BONDS ; AUTHORIZING THE AWARD OF THE SALE OF THE
SERIES 1994 BONDS AND APPROVING THE CONDITIONS AND
CRITERIA OF SUCH SALE ; AUTHORIZING PRELIMINARY
OFFICIAL STATEMENTS AND THE EXECUTION OF FINAL
OFFICIAL STATEMENTS RELATING TO THE SERIES 1994
BONDS ; PROVIDING CERTAIN OTHER DETAILS IN
CONNECTION THEREWITH ; AND PROVIDING AN EFFECTIVE
DATE .
John Meserve , 2126 Beach Avenue , explained Fleet
Landing was a State of the Art facility . He gave
a brief summary of the history of Fleet Landing ,
and he explained two resolutions appeared on the
agenda ; one Resolution would recall old bonds , and
the other Resolution would issue new bonds . He
explained the passage of the ordinances would
provide funds for the expansion of the health
center . He indicated plans were to provide for• a
wing of 60 rooms for• assisted living residents and
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May 9 , 1994 V V
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part of tha remodeling would provide faci I ities
for Alzheimer patients .
Mayor Fletcher presented in full , in writing ,
Resolution No. 94- 17 . He opened the floor for a
public hearing and invited comments from the
audience .
Alan Potter inquired as to whether issuance of the
bonds was pledging the credit of the City in any
way , to which it was explained by Jean Mangu ,
Attorney with Foley and Landner , that the issuance
of the bonds would not pledge the credit of the
City .
Since no one wished to speak further the Mayor
closed the Public Hearing .
SHAUGHNESSY X
Motion : Approve passage of WATERS X X
Resolution 94- 17 WEISS X
FLETCHER X X
Commissioner Weiss inquired if the health center
would be available to Atlantic Beach residents , to
which Mr . Meserve explained presently the health
center was available to the general public and it
would be available to the general public in the
future .
The question was called and the motion carried
unanimously .
d . Resolution No. 94- 18 - A RESOLUTION
AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY
OF ATLANTIC BEACH , FLORIDA, OF A SUPPLEMENTAL
TRUST INDENTURE AMENDING AND SUPPLEMENTING THE
TRUST INDENTURE RELATING TO THE CITY ' S VARIABLE
RATE DEMAND REVENUE BONDS ( FLEET LANDING PROJECT) ,
SERIES 1989 , FOR THE PURPOSE OF AMENDING CERTAIN
PROVISIONS SET FORTH THEREIN RELATING TO OPTIONAL
REDEMPTIONS OF VARIABLE RATE BONDS ; AND PROVIDING
AN EFFECTIVE DATE .
Mayor Fletcher presented in full , in writing ,
Resolution No. 94- 18 .
SHAUGHNESSY X
Motion: Approve passage of WATERS X
Resolution No. 94- 18 WEISS X X
FLETCHER X X
The question was called and the motion carried
unanimously .
6 . New Business:
a . Action relative to award of contract for Park
Street drainage improvements in accordance
with Bid No. 9394-8
*
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Kim Leinbach , City Manager , explained bid prices
were not as good as expected and it was felt city
crews could do the work at a lower cost . He
indicated work would take approximately three to
four months , and at the maximum six months . He
asked the Commission to reject all bids and
authorize construction by city crews .
Bob Kosoy , Public Works Director , explained the
purpose of the job was to alleviate drainage
problems south of Donner Park . He explained the
project was initially budgeted at $26 , 000 and the
first bids were well over that amount . In the
second bid , the city changed the type of piping
required and the bids were lower , but not as low
as the city desired . The lowest bid was just
under $30 , 000 and it was felt city crews could do
the job for $22 , 000 , which included almost $ 11 , 000
in overtime . He indicated at the most , it would
take city crews six months to complete the job if
there was very severe weather .
Tom McLaughlin , President , Certified Environmental
Services , commended the city for trying to save
money . He explained his firm gave their lowest
bid possible at $29 , 999 . He cautioned the city in
having city crews do the work because he felt that
delays could occur because of rainy weather , and
he indicated his firm could complete the work in
four to six weeks .
After discussion , it was felt city crews should be
given the opportunity to do the work , and thus
save money for the city , and that the City Manager
would give monthly reports to the Commission
regarding the status of work .
SHAUGHNESSY X
Motion : Reject all bids on Park WATERS X
Street drainage improvements , Bid WEISS X X
No. 9394-8 , and authorize FLETCHER X X
construction by city crews , with the
City Manager giving monthly reports
concerning the status of the job
No discussion before the vote . The motion carried
unanimously .
7 . City Manager Reports and/or Correspondence :
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Kim City Moncryer- , r- por-Led cl and i
Hogan , Public Works employee , had suffered a heart
attack and was in Memorial Hospital .
Mr . Leinbach reported staff was working on a
report relative to whether or not certain streets
should be made one-way streets .
Mr . Leinbach reminded everyone to attend the
employee appreciation dinner at the American
Legion , Friday , May 13 , 1994 .
Commissioner Weiss encouraged citizens to express
their feelings regarding saving Fletcher School .
Commissioner Shaughnessy reported Gregg McCaulie
was running for County Judge .
Commissioner Shaughnessy commended the
Beautification Committee regarding a driving tour
of Atlantic Beach which was held Saturday .
Commissioner Waters asked that Resolution 94- 16 in
support of preserving Fletcher School be sent to
the Superintendent of Schools , Principal of
Fletcher Middle School , and every member of the
School Board .
Commissioner Waters commended Sharette Simpkins
concerning the recent Donner Clean-Up project .
Mayor Fletcher announced there would be a meeting
concerning the Wonderwood Expressway Wednesday ,
May 11 , 1994 , 7 : 00 p . m. , at the City Hall .
Mayor Fletcher reported the Commission had met
with the Pension Board . He asked Maureen King ,
City Clerk , to coordinate meetings with the Tree
Board and the Code Enforcement Board .
Mayor Fletcher announced June 14 , 1994 would be
Flag Day and he asked staff to prepare a ceremony .
Mayor Fletcher indicated percentages were down
regrading the city ' s recycling activities and he
asked Kim Leinbach to investigate the matter to
insure Atlantic Beach was not being included with
another municipality .
Mayor Fletcher asked Kim Leinbach to prepare a
resolution to Save the Saratoga .
1
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Mayor Fletcher appointed Commissioner Waters as
liaison between the Commission and the Cultural
Arts Board .
There being no further• business the Mayor
adjourned the meeting at 9 : 35 p . m.
NW./ Adamod�
,,fir Lyman Fletcher
Mayor/Presiding Officer
AT ES T:
Mau, een Xing a
City Clerk -
I
41/ MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL ON MONDAY, MAY 9, 1994.
Present: Lyman T. Fletcher, Mayor
Suzanne Shaughnessy, Commissioner
J. Dezmond Waters, III, Commissioner
Robert G. Weiss, Commissioner
And: Alan C. Jensen, City Attorney
Kim Leinbach, City Manager
Maureen King, City Clerk
Absent: Steven M. Rosenbloom, Commissioner (Excused)
The meeting, which was held at the request of the City Attorney for
the purpose of discussing the pending legal action being taken by
Ortega Industrial Contractors, was called to order in the
Commission Chambers at 6:40 PM by Mayor Fletcher. The Mayor
explained the meeting was being held in accordance with the
provisions of Florida Statutes, Chapter 286, which provided that
AO the discussions could be held in private. At this time the Mayor
and City Commissioners, City Manager and City Attorney convened to
City Hall Conference Room to hold the aforementioned discussions.
The proceedings were recorded by Court Reporter Deborah Pacetti and
a transcript will be filed with the City Clerk within thirty days.
Following the discussions, the group reconvened in the Commission
Chambers and there being no further discussion, the Mayor declared
the meeting adjourned at 7: 15 PM.
icer
Or/
/ yman i. Fletcher
ayor/Presiding Officer
ATTEST:
�'
Maur en King
City Clerk