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05-23-94 v $ ATLANTIC BEACH CITY COMMISSION May 23, 1994 AGENDA Call to Order Invocation and pledge to the flag 1 . Approval of the minutes of the regular meeting of May 9, 1994, and Special Called meeting of May 9, 1994. 2. Recognition of Visitors a. Presentation of Audit Report for fiscal year 1992/93 by Purvis Gray & Company 3. Unfinished Business: a. Presentation of the recommendations of the Recreation Advisory Board relative to the Concession Building in Jack Russell Park 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 #12 b. Acknowledge receipt of Code Enforcement Activity Report c. Award contract for demolition of two houses at 91 Donner Road and 1860 Francis Avenue under Bid No. 9394-10 to Omni Construction in the total amount of $4, 700.00 5. Action on Resolutions: a. Adoption of Resolution No. 94-19 urging Congress to preserve the Saratoga as a historical monument 6. Action on Ordinances: a. Introduction and first reading of Ordinance No. 95-94-60 to amend Chapter 18 to provide regulations for solicitors who work for profit (Comm. Shaughnessy) 7. New Business: a. Discussion and related action relative to Sanitation Report (Bob Kosoy) b. Discussion and related action relative to recommendations regarding changing the traffic patterns on East Coast Drive and Ocean Boulevard (Chief Thompson) c. Approval to execute mutual aid agreement with the State of Florida for catastrophic disaster response and recovery 8. City Manager Reports and/or Correspondence: 9 . Reports and/or requests from City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH. V V O O CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLB E E ROAD , AT 7 : 15 p. m. ON MONDAY, MAY 23 , 1994 E E D D PRESENT: Lyman T. Fletcher, Mayor Steven M. Rosenbloom Suzanne Shaughnessy M S J. Dezmond Waters, III , and O E Robert G. Weiss,Jr. ,Commissioners T C I O Y AND: Kim D. Leinbach, City Manager NAME OF ONEN Alan C. Jensen, City Attorney COMMRS. N D S 0 iu-t rvon Hing, City Cl r'rk The meeting was called to order by Mayor Fletcher. The invocation offered by Commissioner Shaughnessy was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of Mav 9, 1994 ROSENBLOOM X Motion: Approve minutes of the SHAUGHNESSY X regular meeting of May 9 , 1994 WATERS X X WEISS X X No discussion before the vote . The motion carriedFLETCHER X unanimously. Approval of the minutes of the special meeting of Mav 9 , 1994 ROSENBLOOM X SHAUGHNESSY X X Motion: Approve minutes of the WATERS X X special meeting of May 9 , 1994 WEISS X FLETCHER X No discussion before the vote . The motion carried unanimously. 2 . Recognition of Visitors: Ruth Gregg, 905 Sailfish Drive, suggested that the utility ordinance be changed to allow a 20 day grace period for payment of water bills instead of a 15 day grace period. She indicated some citizens had received water bills via the mai. service in an untimely manner, and that when one traveled there was a probability that water bills would be paid late, which would thus incur a late charge or even result in the cut-off of water. Ann Meuse , Finance Director, explained staff had met with the United States Post Office in an effort to resolve problems with mail being delivered late. She explained staff pre-sorted mail prior to mailing, and every effort was made to expedite the mail in a timely manner. She Page 2 V V May 23, 199CAME OF COMMRS. MSYN explained the Post Office was investigating the matter . Ms . Meuse indicated many people pre-paid their water bills if they planned to be on vacation . Orpha Jackson , 15 Simmons Road , reported Ne% Friendship Baptist Church , 28 Dudley Steet , would be feeding the hungry on June 11 , 1994 from 11 : 00 a . m. until 4 : 00 p . m. Mayor Fletcher commended the Church members for this effort , and he thanked Ms . Jackson for providing the information . 2 . Recognition of Visitors : a. Presentation of Audit Report for Fiscal Year 1992/93 by Purvis Gray & Company Joe Welsh , Purvis Gray & Company , introduced Gerry Hanley , one of the owners of Purvis Gray Company . Mr . Welsh presented the Independent Auditors ' Report for FY ending September 30 , 1993 . He indicated all city records were made available to the auditor and the city was in gooc condition financially . He indicated total assets in the amount of $37 , 574 ,460 had increased from FY 1992 and total liabilities in the amount of $9 , 653 , 154 had decreased from FY 1992 . He explained there were some problems with the city ' s bookkeeping but that ninety percent of the concerns had been addressed to the satisfaction of Purvis Gray , and he praised Ann Meuse , FinancE Director , for her contribution to solving the problems . Ann Meuse , Finance Director , reviewed the measures she had taken to address the weaknesses pointer' out by the auditor which were contained in her letter dated May 16 , 1994 and included in the audit report . Mayor Fletcher felt in view of the comments made by Purvis Gray that it was time to take stock financially and re-evaluate priority spending . He proposed the implementation of a spending freeze , which would not affect essential city services , such as police and fire protection and garbage collection . He indicated the freeze also would not affect day-to-day operations or projects already budgeted for fiscal year 1994 . He felt the commission should examine its policies on how the city ' s money would be spent on capital expenditures . Page 3 May 23 1994 V V NAME OF COMMRS. MSYN Motion : Implement spending freeze , ROSENBLOOM X X which would not affect day-to-day SHAUGHNESSY X operations or projects already WATERS X budgeted for fiscal year 1994 , from WEISS x June 1 , 1994 until September 30 , FLETCHER X X 1994 . Request the City Manager to to report back to the Commission with suggestions relative to curtailing spending He explained under the freeze any city expenditures between June 1 , 1994 and September 30 , 1994 , except those for day-to-day operations must be approved by the commission . Commissioner Rosenbloom expressed concern that beautification of beach accesses would be affected by the freeze , and Commissioner Weiss expressed concern that the Tresca property appraisal would be affected , but it was explained the spending freeze would not prevent the fulfillment of commitments the commission felt were important to the community . The question was called and the motion carried unanimously . 3 . Unfinished Business: a . Presentation of the recommendations of the Recreation Advisory Board relative to the Concession Building in Jack Russell Park Donald Fagan , Chairman , Recreation Advisory Board , introduced Gary Santora , Contractor , who gave a report . Mr . Santora provided the commission with basic specifications (attached hereto and made a part hereof ) on a concession building similar to the first concession building designed by Gerard Vermey , Architect . He indicated it was felt a storage area was needed for equipment , a shingled roof was not necessary and its elimination could save money , and it was suggested that the origina' design be amended to move bathrooms to the back of the building . He suggested going out to bid with the revised plan and to include alternate bids (which would include an alternate bid for a shingled roof) , with the Commission having the final decision . ROSENBLOOM X Motion: Accept recommendation from SHAUGHNESSY X X the Recreation Advisory Board to WATERS X proceed with plans (attached hereto WEISS X and made a part herewith) , and to FLETCHER X X begin construction by July 1 , 1994 , Page L May 23. 1994 V V NAME OF COMMRS. MSYN using the budgeted funds on hand, with the Commission having the final decision . It was explained presently the building had a flat roof and although the shingled roof , with a pitch , would be aestically pleasing , it was felt it would look just as attractive without the shingled roof and that structurally the shingled , pitched roof was not necessary . It was felt that since Gerard Vermey provided the original plans that it would be prudent to have Mr . Vermey provide the revised plan . The question was called and the motion carried unanimously . Mayor Fletcher requested that the Recreation Advisory Board meet with citizens in the Donner area as quickly as possible to begin planning for a permanent building to replace the modular building in Donner Park , and report back to the Commission . 4 . Consent Agenda : a . Acknowledge receipt of Water and Sewer Committee Report # 12 b . Acknowledge receipt of Code Enforcement Activity Report c . Award contract for demolition of two houses at 91 Donner Road and 1860 Francis Avenue under Bid No. 9394- 10 to Omni Construction in the total amount of $4 , 700 . 00 . Commissioner Weiss requested that Item c be withdrawn from the Consent Agenda , and Commissioner Waters requested that Item a be withdrawn from the Consent Agenda . a . Acknowledge receipt of Water and Sewer Committee Report # 12 Commissioner Waters referred to Patrick Grandy , 370 Garden Lane , and inquired whether Mr . Grandy would be able to build a home at Lot 10 , Block 4 , Ocean Grove , Unit I . It was explained at the present time sewer was not available , and it was Mr . Grandy ' s desire to construct a home , Approximately 400 LF of sewer line needed to be installed in accordance with the Beach Avenue Water and Sewer Improvement plan and Mr . Grandy Page E V V May 23, 1 E 94NAME OF COMMRS. MSYN wished to begin construction in May , 1994 . On May 12 , 1994 the Water and Sewer Committee met with Mr . Gandy and the Committee recommended starting the assessment process and if this minimum three month process to insure construction of lines was not acceptable to Mr . Grandy , he could obtain quotes from contractors for a temporary 2" line with a grinder pump . The latter solution would have to be approved by Bio-Environmental Services . Mayor Fletcher requested that the Water and Sewer Committee give a recommendation at the meeting of June 13 , 1994 relative to beginning the Beach Avenue Water and Sewer Improvement Plan , including how to fund the project . Jim Jarboe , Deputy City Manager , indicated staff had discussed with Barnett Bank the possibility of funding water and sewer projects . He felt the time had come when septic tanks were going to fail and work would need to begin . He indicates nineteen percent of the project had been completes because of partial projects that had to be addressed . He suggested that Mr . Grandy install a temporary system for which he would be financially responsible , and that he would be obliged to connect to the new sewer system when it was available . Mr . Kosoy suggested Gee & Jensen attend the next Water and Sewer Committee meeting . A discussion ensued relative to whether or not it should be mandatory for home owners to connect to city sewer once it was available . While on the one hand it was felt state law should be adhered to, on the other hand it was felt since citizens paid for sewer lines in front of their homes , they should be able to hook up to sewer when their septic tanks failed . Alan Jensen , City Attorney , indicated under Home Rule the Commission had authority to make certain exceptions to state law. Kim Leinbach , City Manager , and Jim Jarboe , Deputy City Manager , were asked to provide the commissior with a recommendation concerning whether or not citizens should be required to comply with state law and hook up to sewer lines when available . c . Award contract for demolition of two houses at 91 Donner Road and 1860 Francis Avenue under Bid No. 9394- 10 to Omni Construction in the total amount of $4 , 700 . 00 V PAGE 6 NAME OF MAY 23, 1994 COMMRS. MS Y N Commissioner Weiss indicated the project was over budget and he inquired were funds derived from, to which Don Ford , Building Inspector , indicated funds were available under "Contractual Services" and that CDBG funds were used for any additional amount . Mayor Fletcher indicated in the future the source the of funds should be indicated when a bid was over budget . Items a , b , and c of the Consent Agenda were unanimously approved by the Commission . 5 . Action on Resolutions : a . Resolution No. 94- 19 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH ENCOURAGING CONGRESS TO SAVE THE SARATOGA BY PRESERVING IT AS A HISTORICAL MONUMENT AND MUSEUM IN JACKSONVILLE Mayor Fletcher presented in full , in writing , Resolution No. 94- 19 . ROSENBLOOM SHAUGHNESSY X Motion : Approve passage of WATERS Resolution 94-19 WEISS X FLETCHER Under discussion , it was felt that the State o Florida and Members of the Duval Delegation should be added to the resolution and should receive a copy of same . ROSENBLOOM X Substitution Motion : Approve SHAUGHNESSY X passage of Resolution 94-'9 , as WATERS X X amended . Amendment : add State of WEISS X X Florida and Members of the Duva" FLETCHER X Delegation The question was called and the motion carried unanimously . 6 . Action on Ordinances : a . Ordinance No. 95-94-60 - First Reading AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH , FLORIDA, AMENDING THE TITLE OF CHAPTER 18, CHARITABLE SOLICITATIONS , TO PROVIDE FOR THE REGULATION OF ALL TYPES OF SOLICITATIONS WITHIN THE CITY ; AMENDING SECTION 18- 1 , DEFINITIONS , TO AMEND THE DEFINITION OF SOLICITATION , AND PROVIDING AN EFFECTIVE DATE . Mayor Fletcher presented in full , in writing , Ordinance No. 95-94-60 . Page 7 May 23 1994 V V NAME OF COMMRS. MSYN Commissioner Shaughnessy explained the existing ordinance regulated people who solicited for charitable purposes , but people who solicited for profit were not regulated . She explained the proposed ordinance would provide proper language . Maureen King , City Clerk , indicated the proposed language would provide the city with language that could be mailed to interested parties who wished to be advised of the city ' s regulations for solicitation . A discussion ensued and it was felt more study needed to be given to the language . Whereas it was felt by some commissioners that solicitatior should be allowed in residential districts , it was felt by other commissioners that solicitatior should not be allowed in residential districts . Commissioner Shaughnessy indicated the laws of Interstate Commerce prohibited the curtailment of solication . Alan Jensen , City Attorney , indicatec other municipalities prohibited solicitation . It was felt the language should be reviewed and the commission should have the opportunity to indicate the language it desired . Mayor Fletcher appointed Commissioner Shaughnessy and Commissioner Waters to serve on a committee to study the matter . ROSENBLOOM X Motion: Approve passage of SHAUGHNESSY X X Ordinance No. 95-94-60 and set WATERS X public hearing for June 13 , 1994 WEISS X X FLETCHER X The question was called and the voted resulted in 4- 1 with Commissioner Waters voting nay . The motion carried . 7 . New Business: a . Discussion and related action relative to Sanitation Report Jim Jarboe , Deputy City Manager , explained Atlantic Beach was one of the few which provided garbage pickup . He explained Neptune Beach and Jacksonville Beach contracted out their garbage pickup at a lower cost . He reviewed potentia' savings and he explained the city would also have a one-time gain from the sale of its equipment . He indicated the cost to take garbage to the landfill on the west side of Jacksonville was very high and also caused accelerated wear and tear on the city ' s trucks . He indicated there was a Page E May 23, 1E94 V V NAME OF COMMRS. MSYN possibility the three beaches cities could bid out jointly and thus realize a greater savings . Under discussion it was explained if the City decided to contract out their sanitation needs , as part of the contract employees of the Public Works Department would be hired by the private contractor if they were not able to be absorbed into the city ' s system. Mayor Fletcher appointed Commissioner Weiss , Commissioner Rosenbloom, and Bob Kosoy to serve on a committee to study the matter and report back td the commission with their recommendation . b . Discussion and related action relative to recommendations regarding changing the traffic patterns on East Coast Drive and Ocean Boulevard Mayor Fletcher suggested deferring action so that a workshop could be held on June 29 , 1994 , 7 : 15 p . m. , at which time the Parking and Traffic Committee will present a report and the public will have an opportunity to speak to the matter . David Thompson , Police Chief , indicated he would be getting more information from a traffic study and the whole traffic situation would be examined , from north to south , and east to west . He indicated the goal was to move cars through the community safely . c . Approval to execute mutual aid agreement with the State of Florida for catastrophic disaster response and recovery Kim Leinbach , City Manager , explained if the city was ever in need of assistance from other cities who subscribe to the mutual aid agreement it would receive assistance , and also give assistance . Move : Approve execution of theSHAUGHROSENBNESSLOOM X X mutual aid agreement with the State WATERSNESSY X of Florida X WEISS X X It was decided a resolution approving the FLETCHER X agreement would be acted on at the meeting of June 13 , 1994 . The question was called and the motion carried unanimously . c , Page 9 V V May 23, 199¢1AME OF COMMRS. MSYN 8 . City Manager Reports and/or Correspondence : Kim Leinbach , City Manager , asked Bob Kosoy to report concerning the status of Park Street drainage improvements . Mr . Kosoy reported equipment had been ordered and pipe had already been delivered . A pre-construction conference was held May 8 , 1994 . Kim Leinbach indicated he would be giving a report concerning a City Manager Association seminar he recently attended . Maureen King , City Clerk , reported the Occupational License Committee was a very productive committee and had almost completed the revision of the ordinance which she hoped would be available for first reading at the next commission meeting . Commissioner Weiss referred to the proposed beautification of the 12th Street access and he felt it would be beneficial to beautify the area , thus making it more user friendly . Commissioner Shaughnessy referred to the grounds of the city hall and she felt employees of Parks and Recreation had a difficult time caring for the grounds during the summer months when the grass grew rapidly . She suggested hiring a private contractor to spray and cut the grass during the summer months , only . After discussion , it was decided that Kim Leinbach and Commissione - Shaughnessy would meet and provide a solution to the problem at the next commission meeting . Commissioner Rosenbloom commended Mayor Fletche " for his work in coordinating "Dancing in the Street . " He referred to the proposed beautification of the 12th Street access and hp indicated his disappointment that the matter had taken a controversial turn , since it would beautify the area . Commissioner Waters referred to the revised plans for the proposed Jack Russell Park building and he questioned the installation of "pull -down stairs" leading to the announcing room, as he felt the stairs might be a danger and a liability . Rose Blanchard , Parks and Recreation Director , explained only those who would be doing announcing of games would be using the stairs . PAGE 10 V V MAY 23, 1994 NAME OF COMMRS. MS Y N Commissioner Waters referred to the city ' s policy relative to tree conservation and questioned whether staff followed up on action taken by the Tree Board , to which George Worley , City Planner explained that he conducted a visual inspection relative to any action taken by the Tree Board . He added if guidelines were not adhered to staff would hold up on permits until the correct action was taken . Commissioner Waters referred to graffiti located on an owner ' s property at the 18th Street access and questioned if the graffiti could be painted over . Chief Thompson indicated he had spoken with the owner of the property who had given the city permission to remove the grafitti and presently staff was trying to determine the best solution to remove it from the coquina surface . Commissioner Waters felt since this was a public easement the city should assume responsibility to remove the graffiti . Mayor Fletcher referred to the proposed sprinkler ordinance that had been discussed some time ago. Kim Leinbach indicated he had a draft ordinance but was waiting until a new fire chief was hired . • Mayor Fletcher felt the matter should be pursued . Mayor Fletcher questioned whether information had been obtaining concerning a patent on roll -or roll -off containers , to which Alan Jenser explained he had not received drawings but that he would follow up on the matter . Mayor Fletcher noted that the Donner Community Development Corporation and the Parks and Recreation Board met the same night and he asked Maureen King to pursue the matter and to change meetings so that they would be held on different nights . Mayor Fletcher noted that the city ' s recycling percentage had recently dropped and he asked Kirr Leinbach to provide a report indicating why the city had a lower percentage rate of recycling participation than in the past . 1 ` Page 11 V V May 23, 1 99AIAME OF COMMRS. MSYN There being no further business the Mayor adjourned the meeting at 9 : 35 p . m. 11111111.7: amp- Xr Lyman Fletcher Mayor/Presiding Officer ATTES T: Maureen King /44-i"Ll City Clerk CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: RECOMMENDATION FOR CONCESSION STAND AT JACK RUSSELL PARK BY ADVISORY RECREATION BOARD SUBMITTED BY: ROSE H. BLANCHARD (TO BE PRESENTED BY GARY SANTORA) DATE: MAY 16, 1994 BACKGROUND: AFTER MANY SESSIONS TO PREPARE THE ATTACHED, THE ADVISORY RECREATION BOARD IS READY TO PRESENT TO THE CITY COMMISSION, THE FINAL PLANS AND SPECIFICATION: FOR A RENOVATION OF THE PRESENT BUILDING. MR. SANTORA, A BUILDER HIMSELF, WILL ANSWER ALL QUESTIONS AND DETAIL THE ATTACHED DRAWING. • RECOMMENDATION: Accept the attached plans, begin construction by July 1, 1994 and use the budgeted funds on hand. ATTACHMENTS: List of specifications and simple drawing. • REVIEWED BY CITY MANAGER: C:1216 i AGENDA ITEM NO. c/Y_?,,XX/r1 , r QOM/ 01 }(ast 55•3- d stte so-loci/Y(0i .54 ,f3act "htv-I: Irt 0077 17ea sriesi.sPv ce,7JC/7.: s3ts'79/)(; (7,4. spveriy/K 1- )/767 Ati,043 /$77 "vov Cr077C2-ei .3s7 --t/ooC 1P73/1/ 1 . A-2t?". .3c- J-- &' -717Q-74 -e. An r7/3e yar 7e,1371/ //....L/ 7 0:1oz7j 'F,Y/-€ç/?qa cactT 0/719_.Z471 11- )11 6-1/ /12261-*1 czJ- çf9'7'W 7716",-4 g_./- X ' 55-7:7Vd -776/7q //2./641ri af... 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