12-11-89 v CITY OF ATLANTIC BEACH
REGULAR MEETING, MONDAY DECEMBER 11, 1989
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting November 27, 1989 and
the meeting of the committee of the whole December 4, 1989
2. Recognition of Visitors:
3. Appearances:
A. Permission for American Red Cross to sponsor a circus March
24 & 25, 1990 on the open lot owned by Jacksonville Shipyard off
Mayport Road. (Mr. Bernard Bolstad, American Red Cross)
B. Permission for Gold Wing Road Riders to ride from Hanna Park
south on AlA to Atlantic Blvd. as part of their "Light Parade"
route. (To be held Friday, March 30, 1990 from 6:15 p.m. to
6:30 p.m.) (Betty Smiley, representative of group)
C. Chris Blanchard to speak on the locked gate in Aquatic Gardens
Subdivision.
4. Old Business:
A. Authorization to proceed with bids for new city hall. (Finance
Director Harry Royal)
5. Committee Reports:
A. Chairman of the Awards Committee, Commissioner Glenn Edwards with
a report and recommendation on a video surveillance kit to be
used by the Police Department.
B. Report and recommendation for possible selection of engineering
firm for the consolidation of the Buccaneer and Atlantic Beach
wastewater treatment plants.
6. Ordinances:
A. Introduction and first reading of Ordinance #95-89-43 to provide
for retrieval of shopping carts by owners. (City Attorney Alan
Jensen)
B. Introduction and first reading of Ordinance #95-89-44 to provide
for a tree conservation board, to provide for permits, inspection
reports, removal and maintenance of trees. City Attorney Alan
Jensen)
7. New Business:
A. Report and discussion relative to Beaches World Class Swim Center
(Nick Nicholson, Toni Bonfili)
B. Proposed amendment to Contract Quality Development Ocean Terrace
(Community Development Director Rene' Angers)
C. Discussion relative to waiting period for new employee to join
our health insurance (Blue Cross/Blue Shield) (City Clerk Maureen
King)
D. Discussion and relative action regarding the acceptance of
Cypress Cove Unit V, Phase II for City maintenance. (Division
Chief Harry McNally)
8. City Manager Reports and/or Correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
MINUTES OF THE REGULARMEETING OF THE MANTIC BEACH CITY COMA v v
MISSION HELD AT CITY HALL ON MONDAY, DECEMBER 11, 1989 AT 7:15 PM O O
PRESENT: William I. Gulliford, Mayor T T
Robert B. Cook, Sr. E D
D D
Glenn A. Edwards
Adelaide R. Tucker and
John W. Weldon, Commissioners M S
O E
AND: Kim D. Leinbach, City Manager T C
Alan C. Jensen, City Attorney I O y
Maureen King, City Clerk 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 November 27,
1989 and the meeting of the committee of the whole December 4, 1989
Cook x x
Mbtion: Approve minutes of the regular meeting of November Edwards x
27, 1989 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
Cook x x
Motion: Approve minutes of the meeting of the committee mi ttee of Edwards x
the whole of December 4, 1989 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
Mayor Gulliford reported he had met with a contingent from
Charleston County who were in Jacksonville for a press conference.
He said they were most complimentary of the Atlantic Beach
community because of the aid they had received following Hurricane
Hugo. The tri-county area in Charleston had received over 1,000
requests for re-roofing and had established the "Raise the Roof"
project to help accomplish this task; to this date over four
hundred roofs have been completed. He presented each commissioner
with a "Raise the Roof" tee-shirt and said these are being sold to
raise funds for the re-roofing project. He also presented a South
Carolina coil basket which will be displayed in City Hall.
2. Recognition of Visitors:
Ruth Gregg, 905 Sailfish Drive, asked if anything could be done to
control the volume of the band at DJ's Lounge, which abuts a
residential area. Chief Thompson said the owners of DJ's had
indicated they would do whatever was necessary to comply with city
regulations, including getting rid of the band, if necessary.
hief Thompson said he would look into the matter further. Mayor
Gulliford suggested amending the city code to set specific
allowable decibel levels and the City Attorney was asked to look
into this and report back.
PAGE TWO V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. M S Y N
Allen Salfer, 366 Royal Palm Drive, inquired why the building
permits for home additions in the Royal Palms area had been the
subject of recent scrutiny. He said violations of the code
existed throughout the city and he felt Royal Palms should not be
singled out for such scrutiny. Henry Batts, 369 Royal Palm Drive,
said he had been denied a variance and suggested instead of
requiring removal of car ports which are in violation, he felt
variances should be granted and permits issued after the fact, and
a fine levied against the homeowner. John Bass, 715 Redfin Drive,
said he felt the existing additions should be grandfathered in and
the law should be more strictly adhered to in the future.
Mayor Gulliford asked who had issued this directive and the City
Manager said he had no knowledge of it. Ruth Gregg said this had
been discussed at a Community Development Board meeting. The Mayor
said residents would not be asked to dismantle existing structures,
and in the meantime, he asked the City Manager to look into the
matter and see whether the ordinance should be amended and report
back at the next meeting.
Howard Brown, 1753 Seminole Road, inquired into the status of the
>roposal to extend the water and sewer lines to Beach Avenue, and
whether the seventeen and eighteen hundred block of Seminole Road
would be included in this project. Andy May of Gee & Jenson,
advised a question had arisen regarding the location of the pumping
station and action on this project had been deferred until the city
projects as a whole can be discussed early in the new year. The
City Manager said he would check into alternative locations for the
lift station and report back to the City Commission.
* * * * *
3. Appearances
A. Permission for American Red Cross to sponsor a circus on March
24 and 25, 1990 on the open lot owned by Jacksonville Shipyard off
Mayport Road
Bernard Bolstad said the Red Cross would like to hold a circus with
two performances on each of Saturday, March 24 and Sunday 25.
Cook x
Motion: Authorize American Red Cross to hold circus as Edwards x x
requested Tucker x
Weldon x x
In discussion before the vote Mr. Bolstad said the last show of the Gulliford x
day would end about 6:00 PM. The question was called and the
motion carried unanimously.
3. Permission for Gold Wing Road Riders to ride Liam Hanna Park
south on AlA to Atlantic Boulevard as part of their "Light Parade"
route (To be held Friday, March 30, 1990 Liam 6:15 PM to 6:30 PM)
PAGE THREE V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. MSYN
Betty Smiley, representative of the Gold Wing Road Riders
Association, said the association would hold a convention at the
Ramada Resort in March and they plan to do a tour of the
Jacksonville area with approximately 500 - 700 Honda Gold Wing
motorcycles on the evening of March 30, beginning at Hanna Park.
She said they have hired Jacksonville police to provide an escort.
Also they have secured third party liability insurance in the
amount of one million dollars and will provide a copy of the
certificate for Atlantic Beach. It was the general consensus the
City Commission could not grant permission for an event to be held
on a DOT highway but felt it was a courtesy of the association to
apprise the city and our Police Department of their plans.
C. Chris Blanchard to speak on the locked gate in Aquatic Gardens
subdivision
Chris Blanchard, 588 Aquatic Drive, said he had recently had an
emergency situation at his home and the locked gate on Cutlass
Drive had presented a problem, causing a delay in the arrival of
the emergency vehicles. He said he had checked the city ordinances
and it appeared two separate entrances were required for
subdivisions unless an easement was required for public safety
vehicles. He said on a recent occasion when the Fire Department
iad tried to respond to a fire in Aquatic Gardens they found the
gate had been locked by a private citizen who had used his own lock
and had not provided keys for the city's use. Mr. Blanchard asked
that the gate be removed for the safety of the citizens.
Commissioner Weldon said he had visited the site and it was his
recommendation the gate be removed. Barbara Bonner, 463 Selva
Lakes Circle, said a lot of people with children would prefer to
see the gate remain closed to discourage additional traffic in that
area.
The City Attorney was asked to review the plans and see what had
initially been approved and report back at the next commission
meeting.
4. Old Business:
A. Authorization to proceed with bids for new City Hall Cook x
Edwards x x
Nbtion: Authorize architect to invite bids for construction Tucker x
of a new City Hall Weldon x
Gulliford x x
Commissioner Weldon said the citizens with whom he had spoken were
not in favor of building a new City Hall. Also, at the previous
meeting, the City Manager requested permission to advertise for a
financial advisor to assess the city's financial situation, and he
lid not feel the city should proceed with this project. Mayor
;ulliford asked the architects to provide Commissioner Weldon with
a copy of their plan for the remodeling of the existing City Hall.
The question was called and on roll-call vote the motion was
PAGE FOUR V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. M S Y N
approved by a four to one margin with Commissioner Weldon voting
Nay.
5. Committee Reports:
A. Chairman of the Awards Committee, Carmissioner Glenn Edwards,
with a report and recommendation on a video surveillance kit to be
used by the Police Department
Commissioner Edwards reported two bids had been received for the
surveillance equipment. Both bids met the specifications and after
review of the bids by the awards committee, it was their
recommendation a bid be awarded to the low bidder, M3 Media
Consultants. Cook x
Edwards x x
Motion: Award bid to M3 Media Consultants, Port Charlotte, Tucker x x
Florida, in the amount of $3,027 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
B. Report and recommendation for possible selection of
engineering film for the consolidation of the Buccaneer and
Atlantic Beach wastewater treatment plants
The City Manager reported three engineering firms had been
nterviewed and by the city commission for possible selection for
engineering services in connection with the proposed consolidation
of the Atlantic Beach and Buccaneer wastewater treatment plants.
After those interviews Gee & Jenson had been ranked as the number
one firm.
Motion: Authorize City Manager to enter into contract Cook x x
negotiations with Gee & Jenson for engineering Edwards x
services in connection with consolidation of Tucker x
Atlantic Beach and Buccaneer wastewater treatment Weldon x x
systems Gulliford x
No discussion before the vote. The motion carried unanimously.
6. Action on Ordinances:
A. ORDINANCE NO. 95-89-43 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BEACH, AMENDING CHAPTER 12, NUISANCES, ADDING UNDER SDC.
12-1(b) PARAGRAPH (9) TO PROVIDE FOR RETRIEVAL OF SHOPPING CARTS BY
OWNERS THEREOF, PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full, in writing, Ordinance No.
95-89-43 on first reading. Cook x
Edwards x x
Notion: Approve passage of Ordinance No. 95-89-43 on first Tucker x x
reading and set for public hearing January 8, 1990 Weldon x
Gulliford x
PAGE FIVE V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. MSYN
Commissioner Cook asked whether it was legal to make the grocery
stores responsible for the actions of those who would remove
shopping carts from their parking lot. Dorothy Kerber, 365 First
Street, said in northern states grocery stores provide loading
zones bounded by steel bars through which the grocery carts cannot
pass, and she suggested this system could be used here.
Chief Thompson said the Police Department had made every effort to
work with grocery stores on this matter, but it had been his
experience that the stores do not prosecute those who remove the
carts and had failed to pick up even those carts which had been
collected by the city. The City Attorney said this ordinance would
force the stores to have a retrieval policy.
The question was called and the motion was unanimously approved.
B. ORDINANCE NO. 95-89-44 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
ATLANTIC BREACH, AMENDING CHAPTER 23, VEGETATION,ATTCIN, BY AMENDING
ARTICLE II, TREES, TO PROVIDE FORTREE PROTECTION, TO PROVIDE FORA
TNEE CONSERVATION BOARD, TO PROVIDE FOR PERMITS, INSPECTION
REPORTS, REMOVAL AND MAINTENANCE OF TREES, AND PROVIDING AN
' 'FDCTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No.
95-89-44 on first reading. Cook x
Edwards x
Notion: Approve passage of Ordinance No. 95-89-44 on first Tucker x x
reading and set for public hearing January 8, 1990 Weldon x x
Gulliford x
Commissioner Weldon asked the City "Council" be correct to read
City "Commission" and asked that the exemption in Sec. 23-19(2)
also apply to Sec. 23-23.
Mayor Gulliford questioned the necessity of creating a Tree
Conservation Board and whether the functions of this proposed board
would not come under the jurisdiction of the Community Development
Board or the Code Enforcement Board. Jody Ford, Chairman of the
Beautification Board, said she strongly favored a separate board
whose only interest would be tree conservation.
City Attorney Jensen said he had been contacted by Billy Howell,
Project Manager for Section H, and he asked that the commission
consider the difficulties he felt this ordinance would create in
Section H in obtaining the easements for the necessary work.
The question was called and the motion was unanimously approved.
7. New Business:
A. Report and discussion relative to Beaches World Class Swim Center
•
PAGE SIX V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. MSYN
The City Manager reported the Swim Center Committee had met on
several occasions and were now ready to recommend the selection of
a consultant and negotiate a contract. Atlantic Beach had agreed
to act as a lead agency for coordination of the requests for
proposals and Nick Nicholson was in attendance to report on the
progress thus far.
Mr. Nicholson said the five committee members who had interviewed
the firms who had submitted proposals were all members of the
Chamber of Commerce. The committee had decided to continue
contract negotiations with Burton and Associates/Strategic Planning
Group and it was hoped Mr. Leinbach would be available to
participate in those negotiations. Mr. Nicholson said sufficient
funds had not yet been raised to fund the feasibility study but he
did not anticipate any problems in that respect.
Mayor Gulliford said the City Manager had many demands on his time
and asked to what extent Mr. Leinbach would be further involved.
Mr. Nicholson said he felt Mr. Leinbach would be involved only
through the negotiation stage.
B. Proposed amendment to Contract Qiality Development Ocean
Terrace
'he City Manager said the developers of Ocean Terrace were
requesting two changes to the project, namely, reduction from
fourteen to twelve lots, and alteration of the northerly extension
of Ocean Terrace Court to terminate near the southerly boundary of
Lot 5 rather than extending through Lot 4. Lots 4 and 5 are under
a single ownership and plans are for one house straddling the two
lots.
Notion: Approve changes provided counsel will see the city Cook x
is protected with respect to Lots 4 and 5, in that a Edwards x x
single house will be built straddling the two lots, Tucker x
and that this change is in compliance with Statute Weldon x x
requirements Gulliford x
Discussion ensued relative to the procedure to be followed and
whether it would be necessary to advertise and hold a public
hearing. It was the general consensus this would not be necessary
but the City Attorney was asked to review this procedure to make
sure it did not violate the state Statute.
The question was called and the motion was unanimously approved.
C. Discussion relative to waiting period for new employees to
join the city's health insurance program
9aureen King reported new employees were currently eligible to
participate in the city's health insurance program on the first day
of the month following hire. Since the city was in the process of
PAGE SEVEN V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. MSYN
changing to Blue Cross Blue Shield and would shortly be signing a
new contract, if there was any desire to extend the waiting period
this would appear to be an appropriate time to make that change and
Mrs. King asked the wishes of the commission.
Mayor Gulliford said longer waiting periods were being required in
the private sector, some as long as six months. After further
discussion, it was agreed to extend the waiting period.
Cook x x
Notion: Change the eligibility date for health insurance Edwards x
coverage for new employees to the first billing date Tucker x
(First of the month) after sixty days of hire Weldon x x
dl l i ford x
No further discussion. The motion carried unanimously.
D. Discussion and relative action regarding the acceptance of
Cypress Cove Unit V, Phase II for city maintenance
Harry McNally, Buccaneer Division Chief reported all the necessary
documents had been submitted and inspections completed and it was
his recommendation the city accept the water and sewer system for
maintenance. The City Manager said that in the future owners would
be required to make such requests in writing. Cook x
Edwards x x
Nbtion: Accept for maintenance the water and sewer system in Tucker x x
Cypress Cove, Unit V, Phase II Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
8. City Manager Reports and/or correspondence:
• The City Manager reported he and Chief Thompson and Chief Rew
had met with Liberty Ambulance personnel. He is planning to
meet with City of Jacksonville personnel and will report back
later on the matter.
• He said he wished to clarify the cost of engineering services
for the Main Street paving and drainage project which will be
$6,000.00.
• He said he had transmitted a letter to the Police Chief
regarding enforcement of speed limits.
▪ He confirmed that the commissioners had each received a cost
summary of off-site utilities required by Fleet Landing. He
said he was planning to meet with Fleet Landing
representatives on Friday for further negotiations on the
matter.
)onmissior Cook confirmed that the commissioners had each
received a copy of a letter from Councilman Jarboe relative to
a meeting which had been schedule for January 17, 1990.
PAGE EIGHT V V
MINUTES NAME OF
DECEMBER 11, 1989 COMMRS. MSYN
Commissioner Tucker said a question had raised at a recent meeting
regarding the procedure used in the selection of an
engineering firm for the Section H project. She had
researched the records and found that the firms had been
interviewed by the City Commission.
City Attorney Jensen said he had recently had discussions with Jay
Steel regarding the Sixteenth Street beach access. Mr. Jensen
said the city needed to decide whether to proceed with
litigation, which could be extremely costly or try to work out
a settlement with the property owner. Mr. Steel had
previously been authorized to represent the city in this case
and since the matter seemed to be at a stand-still he was
seeking the wishes of the commission. Mr. Steel also
suggested the city may wish to authorize Mr. Jensen to handle
the case. Mayor Gulliford asked that this be an agenda item
at the next meeting and Mr. Jensen said he would invite Mr.
Steel to be in attendance.
Mrs. Mattie Freanan, 860 Amberjack Lane, congratulated City
Attorney Jensen and Commissoner Weldon on their recent
appointments and complimented the other commissioners on the
good job they had done this year. She also complimented Karen
Moore for the good job she had done with the citizens
newsletter which had just been delivered to the homes this
past week.
Mayor Gulliford said he had received a letter from Mrs. Thelma
Griffin offering for sale three parcels of property abutting
Donner Park and asked the City Manager to proceed to get
appraisals on the property.
▪ He asked Don Ford, Director of Public Services, to report on
the waste oil recovery plans at the next commission meeting.
▪ He asked Harry Royal, Finance Director, if he could provide by
the next commission meeting a list of all the city's existing
funds, both restricted and unrestricted.
▪ He reported on the tree lighting ceremonies in Russell Park
and said in spite of a few problems with electricity and
sound, the event had been a tremendous success. He thanked
all those who had been involved. ,
There being no further business o come bcfore the .• 'ssion, the
Mayor declared the meeting adjo at ,- '00 PM.
William I. Gulli 671
ATTES T: Mayor/Presiding 0 fic,
Maureen King, City Clerk