11-22-93 v }
ATLANTIC BEACH CITY COMMISSION
NOVEMBER 22, 1993, 7:15 PM
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the regular meeting of November 8,
and special called meeting of November 15, 1993
2. Recognition of Visitors:
3. Old Business:
A. Fleet & Associates with submittal of final plans for
remodeling public safety building; authorization to
solicit bids
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 & Sewer Committee report
b. Authorize execution of Change Order documents to
correct effluent problem in Buccaneer chlorine
contact improvements (Change Order approved 11/8/93 )
c. Award contract for Church Road and Poinsettia Street
improvements under Bid No. 9394-1 to R. & B. Contracting
Co. in the total amount of $84, 452.00
5 . Action on Resolutions:
a. Resolution No. 93-53 declaring a special assessment for
a water line on a section of Ocean Grove Drive
b. Resolution No. 93-54 declaring a special assessment for
a sewer line on a section of Ocean Grove Drive
6. Action on Ordinances:
a. Introduction and first reading of Ordinance No. 25-93-25
to adopt standards for low-flow plumbing devices
7. New Business:
a. Discussion re appointment of two members to the
Recreation Advisory Board (Rose Blanchard)
b. Public hearing and action on an application for Use-by-
Exception filed by Habitat for Humanity to operate a
business office at 716 Ocean Boulevard ( George Worley)
c. Mayor to appoint commission representative to Awards
Committee; other committee appointments
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 CITY V V
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT O O
7 : 15 PM ON MONDAY, NOVEMBER 22 , 1993 T T
E E
PRESENT: Lyman T. Fletcher, Mayor D D
Steve Rosenbloom
Suzanne Shaughnessy
J. Dezmond Waters , III , and M S
Robert G. Weiss , Jr. Commissioners 0 E
T C
AND: Kim D. Leinbach, City Manager I 0 Y
Alan C. Jensen, City Attorney NAME OF ONEN
Maureen King, City Clerk COMMRS. N D S 0
The meeting was called to order by Mayor Fletcher. The
invocation was followed by the pledge to the flag.
1 . Approval of the minutes of the regular
meeting of November 8 , 1993 and special
called meeting of November 15, 1993 Rosenbloom x
Motion: Approve minutes of the regular Waterhnessyxsss x x
x
meeting of November 8 , 1993 i
Weiss x
Fletcher x
No discussion before the vote . The motion carried
unanimously.
Rosenbloom x
Motion: Approve minutes of the special Shaughnessy x
called meeting of November 15, 1993 Waters x x
Weiss x x
No discussion before the vote. The motion carried Fletcher x
unanimously.
2 . Recognition of Visitors:
Marcy Ashby, 133 Pine Street, disapproved of Fantasy
Lingerie Modeling Business located within the City.
She asked for an explanation of the screening that was
conducted to allow a business to have an occupational
license. Maureen King, City Clerk, explained the
procedure that was used to allow business licensing.
Ms. Ashby indicated the front door of Fantasy Lingerie
was kept locked and models were clothed in
undergarments . She asked that the city consider
conducting a more thorough review of businesses prior
to granting licenses . Alan Potter indicated a similar
business moved into a building in his neighborhood but
the business could not be evicted since they had done
nothing illegal.
David Thompson, Police Chief, indicated the Police
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November 22 , 1993 COMMRS. MSYN
Department was looking into the matter. An officer
planned to attend a seminar regarding this type of
situation and it was hoped the Police Department would
learn what options were available. Kim Leinbach, City
Manager, was directed to review the matter, examine all
options, and report to the Commission.
3. Old Business:
A. Fleet & Associates with submittal of final
plans for remodeling public safety building:
authorization to solicit bids
Bob Fleet presented a sketch illustrating the proposed
expansion of the public safety building. The estimated
cost would be $141 ,000 for the building plus
approximately $7 , 000 for furnishings and the plans
would expand the existing building by approximately
1 ,500 square feet.
The proposed expansion would add 1 , 024 square feet of
bunk space for the fire department, 250 square feet for
the police detectives, and 240 square feet for the
)olice records division. An alternative design was
)resented which Mr. Fleet explained would be less
disruptive to the Fire Department and would cost
$131 , 000 , and he recommended the alternative design be
put out for bid. Questions were answered by Mr. Fleet,
and a discussion ensued relative to whether the
addition would withstand 110 mph winds. It was felt
more specific information was needed relative to
possible damage that might occur in the event of a
hurricane . Don Ford was asked to examine the plans and
indicate his opinion from a Building Department
standpoint. It was decided to refer the plans to the
City Manager for review.
4 . Consent Agenda:
a. Acknowledge receipt of Water & Sewer
Committee report
b. Authorize execution of Change Order documents
to correct effluent problem in Buccaneer
chlorine contact improvements (Change Order
approved 11/8/93)
c. Award contract for Church Road and Poinsettia
Street improvements under Bid No. 9394-1 to
R. & B. Contracting Co. in the total amount
of $84 ,452 . 00 'Rosenbloom x x
Motion: Approve passage of consent agenda hterhnessy x
haters x
Reiss x x
Fletcher x
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November 22 , 1993 COMMRS. MSYN
No discussion before the vote. The motion carried
unanimously.
5 . Action on Resolutions:
a. Resolution No . 93-53 - A RESOLUTION OF THE
CITY OF ATLANTIC BEACH DECLARING A SPECIAL
ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170, FOR A SEWER LINE TO SERVE THE
PROPERTY OWNERS ON OCEAN GROVE, AND PROVIDING
AN EFFECTIVE DATE
Mayor Fletcher presented in full, in writing, Rosenbloom x x
Resolution 93-53. Shaughnessy x x
Waters x
Motion: Approve passage of Resolution 93-53 Weiss x
Fletcher x
Bob Kosoy briefly outlined the project, and he
indicated the City Attorney had prepared the
resolution. Jim Jarboe indicated assessment rolls
would be prepared and individual property owners would
have an opportunity to ask any questions and present
any problems they might have.
_he question was called and the motion carried
unanimously.
b. Resolution No. 93-54 - A RESOLUTION OF THE
CITY OF ATLANTIC BEACH DECLARING A SPECIAL
ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES,
CHAPTER 170 , FOR A WATER LINE TO SERVE THE
PROPERTY OWNERS ON A SECTION OF OCEAN GROVE
DRIVE, AND PROVIDING AN EFFECTIVE DATE.
Mayor Fletcher presented in full, in writing,
resolution 93-54 .
Rosenbloom x x
Motion: Approve passage of Resolution 93-54 Shaughnessy x x
Waters x
Commissioner Waters indicated some property owners had Weiss x
water and sewer. Mr. Kosoy explained assessments would Fletcher x
not be made where residents currently had water and
sewer if the water and sewer lines met city standards.
The question was called and the motion carried
unanimously.
6. Action on Ordinances:
- . Ordinance No. 25-93-25
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
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November 22 , 1993 COMMAS. MSYN
AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS;
ARTICLE IV, PLUMBING CODE; TO ADD SECTION 6-61 TO ADOPT
STANDARDS FOR LOW-FLOW PLUMBING DEVICES; PROVIDING AN
EFFECTIVE DATE
Mayor Fletcher presented in full, in writing, Ordinance
No. 25-93-25 on first reading.
Rosenbloom x
Motion: Approve passage of Ordinance No. 25- Shaughnessy x
waters x x
93-25 on its first reading and set public
hearing for December 13 , 1993 Fletc x x
Fletcher x
Don Ford, Building Inspector, explained most fixtures
installed today were low flow and Florida Statutes
required the ordinance be passed by January 1 , 1993
The question was called and the motion carried
unanimously.
7 . New Business:
a. Discussion re appointment of two members to
the Recreation Advisory Board
Aayor Fletcher nominated Gary Santora and Cindy Corey
to serve on the Recreation Advisory Board. The
Commission unanimously approved the Mayor' s
recommendation.
b. Public hearing and action on an application
for Use-by-Exception filed by Habitat for
Humanity to operate a business office at 716
Ocean Boulevard
George Worley, City Planner, advised Habitat operated
only office functions such as record keeping, telephone
work and occasional staff meetings at the community
center location, and that no storage of materials or
contract work occurred on the premises. He reported
the Community Development board heard the request and
after a brief discussion unanimously recommended to the
City Commission that the requested Use-by-Exception be
approved.
The Mayor opened the floor for a public hearing and
invited comments from the audience.
William J. Ryszykow, 535 Royal Palm Drive, noted the
^ity had requested bids for roofing the building and
.nquired whether those who used the building should be
required to pay for its use. Stan Jones inquired
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November 22, 1993 COMMRS. MSYN
whether a Habitat office was an appropriate use of the
Community Center since Habitat was not associated with
the Recreation Department.
Since no one wished to speak further the Mayor closed
the Public Hearing.
In further discussion it was felt Habitat was an
Atlantic Beach outreach program, was a very positive
influence within the city, and that the use-by-
exception should be granted.
Motion: Approve recommendation from Community Rhaughx
Development Board for Use-by-Exception to enable Saterhnesm essy x x
Waters x x
Habitat for Humanity to operate a business office at Weiss x
716 Ocean Boulevard
Fletcher x
The question was called and the motion carried
unanimously.
c. Mayor to appoint commission representative to
Awards Committee; other committee
appointments
Mayor Fletcher nominated Commissioner Weiss to serve on
the Awards Committee. Rosenbloom x
Shaughnessy x x
Motion: Appoint Commissioner Weiss to serve Waters x
on the Awards Committee Weiss x
Fletcher x x
No discussion before the vote. The motion carried
unanimously.
Mayor Fletcher referred to recent discussions regarding
the ligation with Jacksonville and suggested that a
fact finding task force be appointed to assist the City
and legal counsel in the preparation of the necessary
facts to support the City' s litigation. He indicated
he would entertain a motion from the floor to dissolve
the existing Negotiating Committee for a Fair Inter-
Local Agreement.
Rosenbloom x x
Motion: Dissolve the existing Negotiating Shaughnessy x
Committee for a Fair Inter-Local Agreement Waters x
Weiss x x
No discussion before the vote. The motion carried Fletcher x
unanimously.
yor Fletcher suggested a new Fact-Finding Task Force
be created and he requested Ray Salman to be Chairman,
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November 22, 1993 COMMAS. MSYN
and nominated committee members Suzanne Shaughnessy,
Bill Gulliford, Bob Cook, and Theo Mitchelson.
Rosenbloom x x
Motion: Create a new Inter-Local Fact-Finding Shaughnessy x
Task Force with the following members: Ray Waters x
Salman (Chairman) , Suzanne Shaughnessy, Bill Weiss x x
Gulliford, Bob Cook, and Theo Mitchelson Fletcher x
No discussion before the vote. The motion carried
unanimously.
The Mayor indicated Deputy City Manager Jim Jarboe
would represent staff on the committee. He asked Mr.
Salman to hold an organizational meeting and he
requested that the City Attorney meet with the task
force to give legal guidance. The Mayor asked City
Manager Kim Leinbach to send letters to the members of
the original committee thanking them for their service
to the city.
The Mayor appointed Commissioner Weiss to be involved
with Stormwater Management and he appointed Vern
Weatherford and William McGee to assist Commissioner
aeiss. The Commission accepted the Mayor ' s
appointments .
The Mayor referred to the Safe Neighborhood Committee
which was presently inactive. He felt this was an
important committee and indicated he would like to
reactive it. He asked the Commission and public to
consider making appointments of seven citizens to would
work closely with the Police Chief and City Manager to
make the city a more safe place.
The Mayor assigned other areas of responsibility to
each commissioner as follows : he indicated
Commissioner Shaughnessy would be involved in
beautification and code enforcement, Commissioner
Weiss would be working on the Awards Committee and
Storm Water Management, and the Mayor intended to be
involved with Parks and Recreation and the Water and
Sewer Committee. Commissioner Rosenbloom would be
active in Solid Waste and the budget process of the
city, and Commissioner Waters would be working with the
Community Development Corporation and Habitat.
The Mayor asked the City Clerk to publish the various
-Zeeting dates.
8 . City Manager Reports and/or Correspondence:
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Kim Leinbach, City Manager, reported a receptacle had
been placed in City Hall for donations of clothes for
Mt. Pisgah Church. He indicated he had been in contact
with the office of Representative Tillie Fowler with
regard to health insurance and that he would have
information to report later. He indicated street
sweeping was scheduled December 1 , 1993 through
December 3 , 1993 .
Mr. Leinbach reported because of concerns of large
trucks damaging city streets signs indicating "no
trucks except for local deliveries" would be installed
on several streets. A discussion ensued concerning a
large Publix truck which parked and unloaded
merchandise outside the Publix shopping area and it was
reported the truck blocked the view of drivers and was
a hazard. Mr. Leinbach was asked to notify Publix of
this matter.
Mr. Leinbach reported the city intended to acquire
additional Sensus meters and he indicated money was
allocated in the Capital Improvement Plan. He
ndicated the city' s purchasing procedures allowed
staff to acquire this item under another agency' s bid
without the necessity of going out for bid. He asked
the commission if they desired to have the purchase of
these items brought before the commission for approval
every time a purchase was made or if it would be
possible to proceed with additional purchases without
commission approval.
After discussion, the commission agreed that if the
purchase was over $5 ,000 it would be necessary for the
matter to be brought before the commission for
approval.
Rosenbloom x
Motion: Approve purchase order in the amount Shaughnessy x
of $17 ,000 to acquire additional Sensus Waters x x
meters Weiss x x
Fletcher x
No discussion before the vote. The motion carried
unanimously.
David Thompson, Police Chief, reported the Nuisance
Control Board was originally formed for the purpose of
closing businesses that were a nuisance because of drug
activities. He indicated the same results could be
ccomplished through the courts and he recommended
issolving the Nuisance Control Board.
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Rosenbloom x x
Motion: Amend ordinance to abolish Nuisance Shaughnessy x x
Control Board Weisss x
Weiss x
Fletcher x
After discussion, it was explained the Board was not
designed to deal with code enforcement problems or
noise problems , but mostly with drug enforcement. It
was felt the court system operated in a more useful
manner and thus retaining the board would not be
practical.
The question was called and the motion carried
unanimously.
Alan Jensen, City Attorney, reported he received a
request from Don Ford regarding the establishment of a
Board of Adjustment, which would deal with concerns of
the Building Department.
Mr. Jensen reported a letter had been received
regarding a complaint relative to stormwater management
and a portion of fees which were paid among tenants in
a commercial building. He explained the city' s
)rdinance provided that if one had a complaint one
could apply in writing to the City Manager for a
determination and if one was not satisfied with the
determination of the City Manager an appeal could be
made to the Board of Adjustment. Presently, Mr . Jensen
explained, the City did not have a Board of Adjustment.
Don Ford explained City Ordinances granted citizens the
right to appeal decisions of the Building Inspector to
the Board of Adjustment.
After discussion and the realization that matters to
appear before a proposed Board of Adjustment would be
infrequent, it was decided that the Commission would
sit as a Board of Adjustment. It was decided a
proposed Resolution would appear on the agenda of
December 13 , 1993 that would indicate the Commission
would sit as a Board of Adjustment.
Commissioner Weiss referred to a pond at Aquatic
Gardens and indicated wires were exposed and the pond
needed cleaning. He indicated there was a garbage
problem at 341 Ahern Street and Don Ford explained the
property was cited and it appeared this matter would
come before the Code Enforcement Board. Kim Leinbach
indicated his desire to bring the matter to a
conclusion.
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Commissioner Shaughnessy inquired regarding a bump at
Coral Street and Bob Kosoy explained the contractor was
working on this and it would be repaired in a matter of
days.
Commissioner Rosenbloom reported he had received a
Jacksonville City Council agenda and he noted a
resolution had appeared which called for a formal study
of the financial relationship, value of service
agreements , and millage rate between Atlantic Beach,
Jacksonville Beach, Neptune Beach, and the City of
Jacksonville. A resolution also appeared calling for
the study of the Jacksonville Fire Department serving
Neptune Beach and the Town of Baldwin.
Commissioner Rosenbloom reported he had good response
relative to a proposed "camp-out" and he indicated he
would like to have a working committee to move forth on
the matter. He suggested a 5K or 10K run to kick off
the "camp-out. " He indicated he would give a report at
a January Commission meeting.
Commissioner Waters noted members were appointed to
boards and received no training. He felt orientation
should be provided from the City Attorney or the City
Manager. The Mayor asked the City Manager to initiate
a procedure for training new members to boards for
consideration at the meeting of December 13, 1993 .
Commissioner Waters asked where the storm drain for
Selva Linkside emptied, to which Bob Kosoy responded he
would study the matter and report back to the
Commission.
Commissioner Waters referred to a ditch which ran from
Plaza, under Skate, and joined several other ditches
behind Publix Store, and he asked when the ditch was
last cleaned. Mr. Kosoy replied the ditch had been
cleaned approximately two weeks ago, and that it was
cleaned from the Publix area back to Aquatic Gardens.
Mr. Kosoy indicated it was difficult to gain access to
the Aquatic Gardens portion because of the narrow size
of the ditch. It was agreed that the ditch behind
Aquatic Gardens was difficult to maintain. Jim Jarboe
reported the Department of Transportion agreed to clean
several ditches which should help the situation.
Barbara Bonner explained the Aquatic Gardens ditch had
been a constant source of problems. After discussion,
it was agreed that Ms. Bonner, the Stormwater Committee
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and Commissioner Weiss would conduct a visual
inspection of the Aquatic Gardens area and report back
to the Commission.
Commissioner Waters indicated the City had received an
invitation to meet with Representative Arnall on
December 7 , 1993 and he asked that Jim Jarboe provide
information regarding problem areas so that the
information could be furnished to Representative
Arnall.
Commissioner Waters indicated he appreciated receiving
minutes of all the Boards. He commended the Code
Enforcement Board. He asked for a meeting to be
scheduled between the Community Development Board and
+the Commission, and the City Manager was asked to
schedule a meeting during December, if possible. The
City Attorney and George Worley were asked to be
prepared to provide instruction to everyone involved.
Mayor Fletcher referred to the Federal Crime Bill that
had recently been passed and he indicated his desire to
be involved so that the city would be aware of the
avenues to pursue to get its share of federal funds .
Mayor Fletcher asked Kim Leinbach to give an update
relative to beach renourishment. Mr. Leinbach reported
the renourishment was conducted by Duval County and the
state and federal government.
Mayor Fletcher announced there would be a vacancy on
the Tree Board effective after their December meeting.
He asked that a Resolution be prepared for the December
13 , 1993 meeting thanking John Weldon for his work on
the Tree Board.
Mayor Fletcher announced Christmas Tree lighting would
be December 2 , 1993 and since he would be out of town
he asked Commissioner Waters to represent him during
the ceremony.
Mayor Fletcher asked Kim Leinbach to summarize the
proposals that had been received relative to the city' s
banking procedures. Mr. Leinbach reported he had
received five responses to the city' s request for
proposals and that he would have recommendations at the
meeting of December 13, 1993 .
Mayor Fletcher reported concerning the success of the
Cithy' s recycling efforts. He encouraged more
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participation of the public through staff efforts.
There being no further business the Mayor adjourned the
meeting at 9 : 30 p. m.
_...1111111111117/4401,
,0000 Lyman T. Fletcher
Mayor/Presiding Officer
ATTES T:
Maure n King, City lerk