10-08-90 v CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, OCTOBER 8, 1990
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of September 24, 1990
2. Recognition of visitors:
3. Committee Reports:
A. Chairman of the Awards Committee, Commissioner Edwards, with a
report and recommendation relative to Housing Rehabilitation bid
8990-23.
4. Action on Ordinances:
A. Introduction and first reading of Ordinance #55-90-23, Chapter 16
Refuse and Garbage, adding under Section 16-1 a definition of
white goods and adding new Section 16-11 to provide a procedure
and fee schedule for removal of same
5. New Business:
A. Financial advisor's report and consideration to proceed:
1. acceptance of Burton & Associates report, Sept. 26, 1990
2. refunding certain current debt
3. approving suggested finance team
4. Phase III & IV of contract with Burton & Associates
B. Appointments to fill vacancies on Code Enforcement Board (Maureen
King, City Clerk)
C. Discussion and related action requesting the City
Commission to fund acturial studies to change the pension
plan for Police/Fire and General employees (Harry Royal,
Treasurer, Pension Board of Trustees)
D. Discussion and related action relative to the removal of
underground storage tanks and replacing with above ground
storage tanks (Robert Kosoy, Public Services Director)
E. Appeal of a decision of the Community Development Board filed by
Tom and Betsy Schefenella (Tom Bowles, Community Development Dir)
Approval of the combination or recombination of previously
platted lots submitted by Mark and Gayle Wynne (Tom Bowles,
Community Development Director)
6. Action on Resolutions:
Resolution relative to recycling contract with Waste Management
(Robert Kosoy, Public Services Director)
7. City Manager reports and/or correspondence:
8. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, OCTOBER 8, 1990 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
Adelaide R. Tucker
John W. Weldon, Commissioners
M S
AND: Kim D. Leinbach, City Manager 0 E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The
invocation, offered by Commissioner Cook, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of September
24, 1990 Cook x
Edwards x
Motion: Approve minutes of the regular meeting of September Tucker x x
24, 1990 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
At this time Commissioner Edwards showed a 13-minute video tape
relative to Constitutional Amendment #3 regarding unfunded state
mandates, and encouraged all present to vote "Yes" for Amendment #3
on the November ballot.
2. Recognition of Visitors
John Meserve, 2870 Villa Norte, President of the Beaches Chamber of
Commerce, announced a leadership trip to Melbourne, Florida,
November 1-3, 1990, at a cost of about $250.00 and invited Atlantic
Beach to send representatives on this trip when they would have an
opportunity to meet with other business and government leaders.
All Commissioners indicated they had prior commitments but would
try to send someone to represent the city.
3. Committee Reports
A. Commissioner Edwards, Chairman of the Awards Committee, with a
report and recommendation relative to bid No. 8990-23 for
housing rehabilitation
Commissioner Edwards reported two bids had been received for
housing rehabilitation, neither of which included the required
insurance certificates or public entity crimes form. It was the
consensus of the Awards Committee that the bids should be rejected
and the project rebid in order that an effort could be made to
attract more bidders, and the bidding requirements clarified. Cook x
Edwards x x
Motion: Reject all bids and rebid the project Tucker x x
Weldon x
In discussion before the vote, Mayor Gulliford asked that the City Gulliford x
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OCTOBER 8, 1990 COMMRS. MSYN
Commission be provided with a mailing list so the Commission could
be informed of the efforts made to secure the best possible bids.
The question was called and the motion carried unanimously.
4. Action on Ordinances:
A. Ordinance No. 55-90-23 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 16, REFUSE AND GARBAGE, ADDING
UNDER SECTION 16-1 A DEFINITION OF WHITE GOODS, ADDING NEW SECTION
16-11 TO PROVIDE A PROCEDURE AND FEE SCHEDULE FOR THE REMOVAL OF
WHITE GOODS, PROVIDING AN EFFECTIVE DATE
Mayor Gulliford introduced Ordinance No. 55-90-23 in full, in
writing, on first reading. Cook x x
Edwards x
Motion: Approve passage of Ordinance No. 55-90-23 on first Tucker x x
reading and set public hearing for October 22, 1990 Weldon x
Gulliford x
In discussion before the vote Bob Kosoy, Director of Public
Services, suggested the ordinance limit collection of white goods
from residential properties. It was also agreed the collection fee
and the fine should be higher. Commissioner Weldon moved to amend
the ordinance to apply to residential properties only, and to
increase the collection fee and fine to $15.00 and $250.00
respectively. The motion was seconded by Commissioner Edwards and
was unanimously approved. The question was called and Ordinance
No. 55-90-23 was unanimously approved as amended.
5. New Business:
A. Financial Advisor's report and consideration to proceed:
(1) Acceptance of Burton & Associates report, September 26,
1990
(2) Refunding certain current debt
(3) Approving suggested finance team
(4) Phase III and IV of contract with Burton and Associates
The City Manager reported the firm of Burton and Associates,
financial advisors to the city, had been working with city staff
regarding the city's financial condition and were ready to make a
report and recommendations.
Mike Burton reported they had been authorized to conduct a
financial review of the city's existing debt structure, existing
and projected revenue sources, and projected capital improvement
requirements. He said they had evaluated the financing options
which are available to the city and presented their
recommendations. He said the city has five general fund debt
issues outstanding totalling approximately $4.5 million. Each is
at or below current interest rates, and the pledged revenues would
not hinder any future financings the city may need, so it was his
recommendation no changes be made in this area. He said there was
a construction type financing in place for the new city hall and
they were evaluating alternative funding in that area, including
PAGE THREE V V
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OCTOBER 8, 1990 COMMRS. M S Y N
the possibility of a lease program through the Florida League of
Cities or a general obligation bond issue.
He reported the city had three outstanding water and sewer issues
in the amount of approximately $5 million and he felt it could be
to the city's advantage to refund these before the end of this
year. The reasons for these recommendations are fully explained in
Burton and Associates report dated September 26, 1990.
He said the city needed to move forward to assess its new money
needs for future construction and pointed out the water and sewer
improvements which are pending. He explained the Small Issuer
Arbitrage Exemption which provided for governmental borrowings of
$5 million or less per calendar year and said he felt the city
could undertake the sewer work in phases which would allow funding
in this manner. He recommended the city evaluate the rates to
support any new monies needed next year. He said they would plan
to do a 5-year rate plan which would phase in any required rate
increases over a three to five year period. They also presented a
preliminary schedule for refinancing bonds and recommended a
financing team to perform the related services. The City Manager
also requested that Burton & Associates be authorized to proceed
with the rate study.
In response to a question from Commissioner Weldon, Jim Gollahon
said he felt monies could be borrowed at approximately 7% to 7 1/2%
and over a two or three year construction period, could be invested
in U.S. Government securities at about 8%. Discussion also ensued
regarding interest rates and Mr. Gollahon said current rates were
within 1% of a 12-year low in interest rates and he did not feel
rates would drop.
Commissioner Weldon said while he felt the finance team was above
reproach, in his opinion it was unusual for the financial advisor
to select such a team without first consulting with the City
Commission.
Mr. Burton responded that time was of the essence if any refunding
was to be accomplished before the end of this year. He said the
city was free to select any team of their choice, but in the
interest of time, they had made these recommendations.
Mayor Gulliford asked the City Attorney whether the the city would
be required to select the finance team under the requirements of
the Consultants Competitive Negotiation Act and Mr. Jensen said he
did not feel this was the case.
Commissioner Cook said he did not feel the City Commission had had
enough time to review the recommendations of the financial advisor
and be in a position to make decisions on the questions before them
and after brief discussion on the subject a special meeting was
scheduled for Monday, October 15, 1990, at 7:30 PM, when action
will be taken on the matter.
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B. Appointments to fill vacancies on the Code Enforcement Board
It was confirmed that one year still remained in the terms of both
Ms. Freeman and Mr. Dowling and both were willing to continue
serving on the Code Enforcement Board. The terms expiring were
those of Ed Martin and George Bull and Mayor Gulliford asked that
no appointment be made to fill Mr. Bull's seat on the board until
he had had an opportunity to discuss the matter with him. Cook x
Edwards x x
Motion: Re-appoint Ed Martin to the Code Enforcement Board Tucker x x
for a three-year term to expire October 1, 1993 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
C. Discussion and related action requesting the City Commission
to fund actuarial studies to change the pension plan for
Police/Fire and General employees
Finance Director Royal reported the Pension Board has requested an
actuarial study to determine the impact of providing for certain
increases in benefits and it was his recommendation this study
approved and funded through the general fund and Police and Fire
operating budgets. Cook x
Edwards x x
Motion: Authorize impact study and funding as requested Tucker x
Weldon x x
No discussion before the vote. The motion carried unanimously. Gulliford x
D. Discussion and related action relative to the removal of
underground storage tanks and replacing with above ground storage
tanks
Bob Kosoy, Public Services Director, reported in order to comply
with Item 9 of the DER Consent Order, it would be necessary to
remove an underground fuel tank and install two above-ground tanks.
He said the city had received three quotations for the work and
recommended approval of the proposal of Environmental Recovery
Group.
Cook x x
Motion: Accept the proposal of Environmental Recovery Group Edwards x
and Authorize expenditure in the amount of $11,307 Tucker x
to remove one underground fuel storage tank and Weldon x x
install two above-ground tanks Gulliford x
No discussion before the vote. The motion carried unanimously.
E. Appeal of a decision of the Community Development Board filed
by Tom and Betsy Schifanella
Tom Bowles, Community Development Director, explained the
Schifanellas had requested a variance to enclose an open carport
to add a 7' x 11'extension to the living area of their home in
Ocean Grove Unit No. 1. The request had come before the Community
PAGE FIVE V V
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OCTOBER 8, 1990 COMMAS. MSYN
Development Board on September 18 and had been denied by a 4 - 3
vote. The Schifanellas were appealing that decision.
Mr. Jensen said he thought the house was built prior to annexation
as two single family residences on non-conforming lots. It was
pointed out the extension would remain within the 5-ft. setback.
Commissioner Weldon said he had inspected the site and felt the
improvements would not be in violation of city code. He understood
the variance was denied in part because of inadequate parking and
the Schifanellas had shown him how they planned to take care of the
parking and he did not perceive that parking would be a problem.
Cook x x
Motion: Grant variance to enclose open carport on ground Edwards x
level of property to add 7' x 11' at Lot 10, except Tucker x
the south 58 feet, Block 8, Ocean Grove, Unit 1 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
F. Approval of the combination or recombination of previously
platted lots submitted by Mark and Gayle Wynne
Tom Bowles explained the Wynnes wished to replat their property
into two lots each of which would be no less than 5,000 sq. ft.
Each lot would meet the width requirements but would be less than
100 feet deep. The property is zoned RG-1 which allows two-family
homes but the Wynnes planned to build a single family home on the
lot fronting on Beach Avenue and sell the other. Mr. Wynne said
the two lots would meet the requirements of Section 24-188 of the
city code regarding combination and recombination of previously
platted lots. Dezmond Waters, 1835 Seminole Road, said that if
construction on the lots was not restricted to single family
residences he felt four townhouses could be constructed. After
discussion of the matter it was the general consensus there would
be no objection to allowing the subdivision of the property if
development could be restricted to a single family dwelling on each
lot. Mr. Wynne said as soon as they received Commission approval
they were ready to pull permits to construct their home.
Heywood Dowling, 2035 Seminole Road, said he represented Polly
Gillum who owned property identical to Mr. Wynne's property. He
said Ms. Gillum was in favor of the Wynnes proposal and hopes to
develop her property in a similar manner. He said the proposal
would represent no change in density but instead of allowing two
townhouses running east/west, two single family residences would be
built, one facing Beach Avenue and one facing Ocean Grove, which he
felt would be an improvement in the type of development.
After further discussion Mr. Bowles was asked to review the area to
see whether the entire block bounded by Seventeenth Street on the
south, Eighteenth Street on the north, Beach Avenue on the East and
Ocean Grove on the West, could be down zoned and report back.
PAGE SIX V V
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OCTOBER 8, 1990 COMMRS. MSYN
Motion: Approve request of Mr. & Mrs. Wynne to recombine
their unimproved double frontage lots (Lot 6 Ocean
Grove Unit 2, and part of fractional Section 9, Cook x x
Township 2 South, Range 29 east) situated between Edwards x
Ocean Grove and Beach Avenue, subject to Tucker x
construction of a single family home on the easterly Weldon x x
lot, and subject to the Wynnes placing a covenant on Gulliford x
the westerly lot to limit development to the
construction of a single family home, and subject to
approval of said covenant by the City Attorney
No discussion before the vote. The motion carried on a four to one
vote with Commissioner Tucker voting nay.
6. Action on Resolutions:
Resolution relative to recycling contract with Waste Management
Bob Kosoy, Public Services Director, read a letter he had received
from DeWayne Igou, General Manager of Waste Management of
Jacksonville, requesting a rate increase from $1.85 to $1.91 per
household per month for curbside recycling, effective July 1, 1990
through June 30, 1991. Commissioner Weldon inquired if the city
had any complaints regarding the service of Waste Management and
no one was aware of any.
Cook x
Motion: Approve rate increase from $1.85 to $1.91 per Edwards x x
household per month for curbside recycling, Tucker x
effective July 1, 1990 through June 30, 1991 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously
7. City Manager reports and/or correspondence:
The City Manager reported the Building Official had indicated Mr. &
Mrs. Semidey had repaired the deficiencies referred to the City
Commission at the previous meeting.
He also reported the Building Official had met with DER
representatives regarding the Dewees Avenue dune crossover and
would be reporting on this when he had further information.
8. Mayor to call on City Commissioners, City Attorney and City
Clerk:
The City Attorney reported he had made an offer of $32,000 for the
purchase of the Denette property adjacent to the sewer plant. The
Denettes had rejected the offer and had requested $32,900.
Cook x
Notion: Authorize the City Attorney to increase the city's Edwards x x
offer for the purchase of the Denette property by Weldon x
$900.00 Tucker x x
Gulliford x
PAGE SEVEN V V
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No discussion before the vote. The motion carried on a four to one
vote with Commissioner Cook voting nay.
Commissioner Edwards pointed out the City of Atlantic Beach had not
placed an advertisement in the annual Florida League of Cities
magazine and it was agreed this was an oversight which would be
corrected in the future.
Mayor Gulliford said he is planning to send a letter to Mayor
Hazouri regarding the Interlocal Agreement and the subsequent
meeting which has been scheduled for the end of the month, and he
would provide each Commissioner with a copy as soon as it is
drafted.
The Mayor also presented a proclamation declaring the week of
October 8 as Clown Week in Atlantic Beach in honor of the Southeast
Clown Association which would hold its ninth annual convention in
the Sea Turtle Inn in Atlantic Beach during that week.
There being no further business to come before the City Commission,
the Mayor declared the meeting adjourned at 9:
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Wi V.. 'liam I. Gullifor. II
Mayor/Presiding Of 1
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Maureen King, Cit_v Cler