09-13-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, SEPTEMBER 13, 1993, 7:15 P.M.
AGENDA
Call to Order
Invocation and pledge to the flag
1 . Approval of the minutes of the regular meeting of August 23, 1993
2. Recognition of Visitors:
3. Old Business:
A. Discussion and related action regarding the Jack Russell Park
concession stand remodeling (City Manager Kim Leinbach and Parks
& Recreation Director Rose Blanchard)
4. Resolution:
A. Resolution 93-30 appointing Alan Jensen as City Attorney, fixing
duties and rate of compensation from 10/1/93 - 9/30/96
B. Resolution 93-32 appointing clerks, deputies and inspectors for
the City's primary elections October 5, 1993 and general
elections October 19, 1993 and setting their compensation
C. Resolution 93-33 transferring funds for defibrillator donation
account
D. Resolution 93-34 relative to accepting state matching grant funds
and appropriate same to Beautification account to tree planting
program
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.
5. Consent Agenda:
A. Water and Sewer Committee report
B. Update report of Adele Grage Community Center usage
C. Approval of bid 9293-27 Articulating Boom Mower & Tractor
D. Approval of bid 9293-28 Rehabilitative Housing Units
6. Ordinances:
A. Final reading and public hearing of Ordinance #25-93-24 amending
Section 6-35(a) and (b) and Section 6-57(a) of the city code to
allow homeowners to take out electrical and plumbing permits for
work on their own homes
B. Introduction and first reading of Ordinance consolidating
water and sewer utilities
C. Introduction and first reading of Ordinance excluding elected
officials from participating in the retirement system
D. Introduction and first reading of Ordinance to establish a return
on investment policy from Buccaneer Utilities to the general fund
7. New Business:
A. Adopt tentative millage rate of 3. 1721
B. Public hearing regarding Fiscal Year 1993/94 budget
C. Discussion and related action regarding offer from Neptune Beach
to purchase surplus fire truck (Chief Williams)
D. Discussion and related action regarding median near Shoppes of
Northshore (Mayor William Gulliford)
E. Discussion and related action requesting appeal of variance
denial to build a carport by Annabell Wallace (City Planner
George Worley)
F. Discussion and related action regarding proposed Qualified
Bidders List (Finance Director Kirk Wendland)
8. City Manager Reports and/or Correspondence:
A. Computer report (Kirk Wendland)
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
--)MMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT O O
: 15 PM ON MONDAY, SEPTEMBER 13, 1993 T T
E E
PRESENT: William I . Gulliford, Jr. , Mayor D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters , III , 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 Gulliford.
The invocation, offered by Commissioner Fletcher, was
followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of
August 23 , 1993.
Edwards x x
Motion: Approve minutes of the regular meeting of Fletcher x x
August 23, 1993 . Tucker x
Waters x
No discussion before the vote . The motion carried Gulliford x
Lanimously.
Mayor Gulliford announced he had received a letter of
resignation from Gregg McCaulie from the Community
Development Board. The Mayor recommended that Sharette
Simpkins replace Mr. McCaulie. Edwards x
Fletcher x x
Motion: Appoint Sharette Simpkins to fill Tucker x x
unexpired term of Gregg McCaulie on the Waters x
Community Development Board Gulliford x
No discussion before the vote. The motion carried
unanimously.
Mayor Gulliford asked that a Resolution honoring Mr.
McCaulie for his distinguished service on the Community
Development Board be placed on the agenda for the
meeting of September 27 , 1993 . The Mayor indicated Mr.
McCaulie also served on the Charter Revision Committee .
2 . Recognition of Visitors:
Joanne Morrisseau indicated she would present a
proposal at the meeting of September 27 , 1993
concerning advertising in the City' s Newsletter. It
was decided this matter would appear as an agenda item.
an Alford, 1315 Campbell Avenue, indicated she owned
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September 13, 1993 COMMRS. MSYN
property on Begonia Street and it was her desire to
build a house on the property which was undeveloped.
She requested permission to install a 2" water line to
the home instead of a 6" water line. A discussion
ensued and it was felt since problems had occurred in
the past when 2" water lines were installed that it
would be necessary to install a 6" water line.
A discussion ensued concerning the improvement of a
road to the proposed site of the house, and Bob Kosoy,
Public Works Director, felt because of existing
problems on Begonia Street limerock should be placed on
the proposed road. Ms. Alford indicated placing
limerock on the entire road would be a financial
hardship to the extent that she might not be able to
afford to build the house. After discussion, it was
decided since the roadway belonged to the city that the
city should maintain the roadway. Ms. Alford indicated
she understood she might be required to clear the
roadway to the proposed site of the house.
Motion: There would be no requirement to Edwards x
install limerock on the road to proposed home Fletcher x
of Joan Alford on Begonia Street. With Tucker x x
reference to the water line, a 6" water line Waters x x
must be installed to the property line, and Gulliford x
approved by Public Works Director
The question was called and the motion carried
unanimously.
The Mayor asked candidates to introduce themselves , and
candidates who were present introduced themselves and
indicated the seat for which they were running.
3. Old Business:
A. Discussion and related action regarding the Jack
Russell Park concession stand remodeling
Kim Leinbach, City Manager, presented possible
financing alternatives for implementing the remodeling
of the Jack Russell Park concession stand
(recommendations dated September 8 , 1993 attached
hereto and made a part hereof) . He reminded the
Commission the total lowest responsible bid for the
construction of the Jack Russell Park concession stand
amounted to $222 , 572 . Convention Development Tax
Funding would be approximately $130 ,000 at the end of
current fiscal year, leaving a shortfall of
urproximately $92 ,572 . He recommended the Commission
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September 13, 1993 COMMRS. MSYN
consider alternative #3 , which would delete the
sprinkler system and the portion of the building
relating to the YMCA, and thus realize a savings of
approximately $98 , 000 . Edwards x
Motion: Reduce the remodeling of the Jack Tuckeher x
Waters
Russell Park concession stand by deleting the x x
Waters
sprinkler system and the portion relating to x x
Gulliford x
the YMCA (Alternative #3)
A discussion ensued and it was felt if the remodeling
was scaled back it would not meet the needs of the
city. Commissioner Fletcher was opposed to pledging
Convention Development Tax money for many years.
Commissioner Waters felt it would be more expensive to
renovate the building in the future if it was postponed
for several years.
Commissioner Fletcher felt it would be ill conceived to
renovate the building when there were many other
existing needs to be met in the community. He
indicated there was a need in the park for good
-estrooms , but the four proposals did not adequately
3dress that need. Mayor Gulliford felt the existing
trailer, which would remain if the building was scaled
back, was not compatible with surrounding buildings.
The question was called and the vote resulted in 2-3
with Commissioners Fletcher and Waters and Mayor
Gulliford voting nay. The motion failed. Edwards x x
Motion: Further study the community' s need Fletcher x x
in Russell Park, and then draft a new Tucker x
proposal Waters x
Gulliford x
The question was called and the vote resulted in 2-3
with Commissioners Tucker and Waters and Mayor
Gulliford voting nay. The motion failed.
Motion: Approve recommendation #1, to Fletchs
construct project with all alternatives in Tkerer
Tucker
the amount of $222 ,573 and pledge sufficient x
Waters
Convention Development Tax Funds to finance x
any deficit. Gulliford
Commissioner Edwards felt if funds were not available
it was not prudent to discuss recommendation #1.
Mayor Gulliford felt a funding source would be
railable within the next 30 days , without borrowing or
,..:ansferring funds from any other city source.
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September 13, 1993 COMMRS. MSYN
Edwards x
Substitution Motion: Approve recommendation Fletcher x
#1, to construct project with all Tuckerx x
alternatives in the amount of $222 ,573, Waters x x
subject to securing $92 , 000 shortfall within Gulliford x
30 days without borrowing from an outside
source or from other budgeted funds
The question was called and the vote resulted in 3-2
with Commissioners Edwards and Fletcher voting nay.
The motion carried.
4 . Resolution:
A. Resolution #93-30 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH APPOINTING ALAN C. JENSEN AS CITY
ATTORNEY, FIXING HIS DUTIES AND RATE OF COMPENSATION
FROM OCTOBER 1 , 1993, THROUGH SEPTEMBER 30 , 1996 , AND
PROVIDING AN EFFECTIVE DATE
Commissioner Waters indicated he had met with Alan
Jensen concerning the proposed contract. He
recommended approving the resolution for a one year
term instead of a three year term. He also recommended
that the resolution stipulate that Mr. Jensen would act
as chairman of a permanent committee to meet the week
prior to commission meetings. The purpose of the
meeting would be to critique proposed ordinances,
resolutions, and legislation. Mr. Jensen indicated he
had met with city staff the previous week and planned
to have similar meetings about once a month. Edwards x x
Motion: Approve passage of Resolution 93-30 , Tx
as amended. Amendment: change appointment Tuuckeher cker x
WAters
to a year term. x x
Gulliford x
Mr. Jensen indicated he concurred with the amendments.
The question was called and the motion carried
unanimously.
B. Resolution #93-32 - A RESOLUTION APPOINTING THE
CLERKS, DEPUTIES AND INSPECTORS FOR THE CITY OF
ATLANTIC BEACH PRIMARY ELECTIONS ON OCTOBER 5 , 1993
AND GENERAL ELECTION ON OCTOBER 19 , 1993 , AND
SETTING THEIR COMPENSATION Edwards x x
Fletcher x x
Motion: Approve passage of Resolution 93-32 Tucker x
Waters x
A discussion ensued concerning deputies who were not Gulliford x
Atlantic Beach residents, and it was explained it was
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difficult to find deputies to work and thus it was
necessary to go outside the city limits.
The question was called and the motion carried
unanimously.
C. Resolution #93-33 - A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS Edwards x x
Fletcher x x
Motion: Approve passage of Resolution 93-33 Tucker x
Waters x
It was explained the purpose of the budget transfer was Gulliford x
to purchase a defibrillator for the Fire Department for
use in rescue circumstances.
The question was called and the motion carried
unanimously.
D. Resolution #93-34 - A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS Edwards x
Motion: Approve passage of Resolution 93-34 Fletcher x x
Tucker x
Waters x x
t was explained the purpose of the budget transfer was Gulliford x
for tree planting beautification.
The question was called and the vote resulted in 4-1
with Commissioner Tucker voting nay. The motion
carried.
5 . Consent Agenda:
A. Water and Sewer Committee report
B. Update report of Adele Grage Community Center Usage
C. Approval of bid 9293-27 - Articulating Boom Mower &
Tractor
D. Approval of bid 9293-28 - Rehabilitative Housing
Units
Commissioner Fletcher requested that Item D be removed
from the consent agenda, Commissioner Waters requested
that Item A be removed from the consent agenda, and
Mayor Gulliford requested that Item C be removed from
the consent agenda. Edwards x x
Fletcher x
Motion: Approve passage of the consent agenda with the Tucker x x
exception of Items A, C, and D Waters x
Gulliford x
No discussion before the vote. The motion carried
zanimously.
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A. Water and Sewer Committee report
Commissioner Waters referred to residents who were
discharging water from heat pumps into the City' s
sanitary sewers. He asked Mr. Kosoy if this was a
severe problem. Mr. Kosoy replied this was a problem
but not as severe as originally thought, and that
residents were being required to disconnect from the
sanitary sewer system. The commission accepted the
Water and Sewer Committee Report #46 dated September 7 ,
1993.
C. Approval of bid 9293-27 - Articulating Boom Mower &
Tractor
Mayor Gulliford referred to the recommendation of the
Awards Committee to accept the low bid for an
articulating boom mower and tractor from Industrial
Tractor in the amount of $42 ,520 . He questioned if
maintenance would be readily available from Industrial
Tractor. It was decided to defer action on this matter
and to have the Kubota dealer come to the meeting of
September 27 , 1993 to respond to questions regarding
iaintenance .
Edwards x
Motion: Defer action on Bid No. 9293-27 Fletcher x
until the meeting of September 27, 1993 when Tucker x x
the Kubota tractor dealer will respond to Waters x x
questions regarding maintenance Gulliford x
No discussion before the vote. The motion carried
unanimously.
D. Approval of bid 9293-28 - Rehabilitation of Housing
Units
Commissioner Fletcher asked Sharette Simpkins to
explain the relationship of the Community Development
Corporation (CDC) to the rehabilitative housing
program, to which Ms . Simpkins indicated the CDC had
the pleasure of being a liaison between the homeowners
and contractors relative to six units that were being
rehabilitated by CDGB funds . She invited everyone to a
CDC party to be held on Francis Street, September 25,
1993 from 3 : 30 p. m. until 7 : 30 p. m.
Jim Jarboe, Deputy City Manager, commended the CDC for
the impact that had been made on Francis Street. He
indicated the neighborhood had become stabilized. Edwards x
Fletcher x x
Motion: Approve consent Item D Tucker x
WAters x x
Gu t1 ifori x
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No discussion before the vote. The motion carried
unanimously.
6 . Ordinances:
A. Ordinance #25-93-24 - Public Hearing
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6-35 AND 6-60 TO ALLOW HOMEOWNERS TO
BE ISSUED PLUMBING AND ELECTRICAL PERMITS
Mayor Gulliford presented in full, in writing,
Ordinance #25-93-24 , said ordinance having been posted
in accordance with Charter requirements. He opened the
floor for a public hearing and invited comments from
the audience.
Ruth Gregg cautioned passing of the ordinance which
referred to issuing electrical permits because
insurance companies may not pay claims if work was not
performed by state certified contractors.
Since no one wished to speak further the mayor closed
' he public hearing. Edwards x x
Fletcher x
Motion: Approve passage of Ordinance #25-93- Tucker x
24 on Final Reading Waters x x
Gulliford x
Don Ford, Building Official, advised many counties and
cities had this type of ordinance. There was also a
state statute that allowed this and the city' s
ordinance was not in compliance with state statute.
Theo Mitchelson advised there was no exclusion in
homeowner ' s insurance policy that indicated insurance
companies would not pay claims if electrical work was
not performed by state certified contractors.
The question was called and the motion carried
unanimously.
B. Ordinance #80-93-52 - First Reading (this
ordinance also encompassed Item D of the agenda -
Introduction and first reading of an Ordinance to
establish a return on investment policy from
Buccaneer Utilities to the general fund)
Mayor Gulliford presented in full, in writing,
Ordinance #80-93-52 .
2,a ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
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September 13, 1993 COMMRS. MSYN
AMENDING CHAPTER 22, UTILITIES, BY ADDING SECTIONS TO
COMBINE THE ATLANTIC BEACH, OAK HARBOR AND BUCCANEER
WATER AND SEWER SYSTEMS FOR FINANCIAL REPORTING
PURPOSES ONLY, TO ESTABLISH A RETURN ON INVESTMENT
POLICY FOR THE BUCCANEER PLANT, AND PROVIDING AN
EFFECTIVE DATE. Edwards x x
Motion: Approve passage of ordinance Tuckerer x
Tucker x x
#80-93-52 on its first reading and set public
Wters
hearing for September 27, 1993 Gulliford x
Gullifx
Commissioner Fletcher requested assurance that the
ordinance would not affect loan covenants, to which
Alan Jensen explained Section 22-1 of the ordinance
provided that all bond covenants were met.
The question was called and the motion carried
unanimously.
C. Ordinance #58-93-19 - First Reading
Mayor Gulliford presented in full, in writing,
Ordinance #58-93-19.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 , ADMINISTRATION, SECTION 2-271.
MEMBERSHIP, TO EXCLUDE ELECTED OFFICIALS FROM
PARTICIPATION IN THE CITY EMPLOYEES RETIREMENT SYSTEM,
AND PROVIDING AN EFFECTIVE DATE.
Commissioner Tucker, who asked that the proposed
ordinance be placed on the agenda, requested that it be
withdrawn. After discussion, it was decided to act on
the ordinance on its first reading. Edwards x
Motion: Approve passage of Ordinance #58-93- Fletcher x x
19 on its first reading and set public Tucker x
hearing for September 27 , 1993 Waters x x
Gulliford x
The question was called and the vote resulted in 4-1
with Commissioner Tucker voting nay.
D. Introduction and first reading of Ordinance to
establish a return on investment policy from
Buccaneer Utilities to the general fund (this was
encompassed in Item B. Ordinance #80-93-52)
7 . New Business:
A. Adopt tentative millage rate of 3 . 1721
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Mayor Gulliford announced the tentative millage rate
was 3 . 1721 , and he indicated the final millage rate Edwards x x
would be set at the meeting of September 27 , 1993 .
Fletcher x
Motion: Adopt tentative millage rate of Tucker x
3 .1721 Waters x x
Gulliford x
The Mayor announced a public hearing would be held,
before adopting final millage rate, on September 27,
1993.
The question was called and the motion carried
unanimously.
B. Public hearing regarding Fiscal Year 1993/94 budget
The Mayor advised a final budget proposal would be
brought before the Commission September 27 , 1993.
The Mayor opened the floor for a Public Hearing on the
tentative millage rate of 3 . 1721 and invited comments
from the audience.
Police Officer Victor Raynor asked if the tentative
millage had dropped from the proposed increase of one
mill, to which the Mayor replied in the affirmative.
Since no one wished to speak further the Mayor closed
the Public Hearing.
C. Discussion and related action regarding offer from
Neptune Beach to purchase surplus fire truck
Chief Ron Williams explained the Neptune Beach Fire
Department had offered to buy a surplus Fire Department
Vehicle (1978 Ford 350 Squad) for $15 , 000 . He
indicated the city had been advised by the manufacturer
that this was a fair price, and since this was between
municipalities the bid process was not necessary. He
explained the Fire Department would like to have this
money set aside in a reserve account for the projected
purchase of a new Fire Chief ' s car in the coming year.
He recommended the city sell the surplus vehicle for
$15 , 000 to Neptune Beach and to set up a reserve
account for the purchase of a new Fire Chief ' s vehicle.
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Motion: Sell surplus Fire Department Vehicle l
Feettchche x x
Fler x
(1978 Ford 350 Squad) for $15 ,000 to Neptune Tucker x x
Beach, and set up a reserve account for the Waters x
purchase of a new Fire Chief' s vehicle or Gulliford x
other Fire Department capital needs
After discussion, the question was called and the
motion carried unanimously.
D. Discussion and related action regarding median near
Shoppes of Northshore
Mayor Gulliford inquired if there was a warranty on the
landscape work on the median. It was explained
maintenance and plant replacement was not part of the
agreement. Kim Leinbach, City Manager, reported the
City had received a proposal from the Department of
Transportation (DOT) whereby the DOT would pay the City
$18 , 000 per year to maintain medians within the city
limits. Mr. Leinbach advised the city would receive a
written contract and it was his understanding quarterly
payments would be provided by the DOT. The City
Manager was asked to provide the Commission with a
report at the meeting of September 27 , 1993 .
E. Discussion and related action requesting appeal of
variance denial to build a carport by Annabell
Wallace
It was decided to defer action until the meeting of
September 27 , 1993 to insure Annabell Wallace had been
given the opportunity to attend the meeting.
F. Discussion and related action regarding proposed
Qualified Bidders List
Kirk Wendland, Finance Director, reported the
Purchasing Agent had provided guidelines for the pre-
qualification of bidders . Bob Kosoy indicated while
other cities were more stringent he was satisfied with
the proposed guidelines. The Mayor explained when a
bidder was pre-qualified he knew he would get the job,
provided he was low bidder. Commissioner Fletcher
asked whether there should be any distinction between
the types of projects in which bidders would be
prequalified. The Mayor suggested a threshhold of
$100, 000 .
•
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Commissioner Fletcher requested that this matter be
placed on the agenda of October 11 , 1993 for further
discussion. It was decided to prepare a proposed
resolution for the meeting of October 11 , 1993 .
8 . City Manager Reports and/or Correspondence:
Kirk Wendland, Finance Director, reported concerning
the computers currently utilized by staff. He
indicated the AS400 was a good program but that he felt
staff had not received enough training. He indicated
staff was making every effort to maximize the
productivity from the computer system including making
purchases that were compatible and would not become
obsolete in the near future. He indicated staff had
been working with Advanced Systems Group. The
Commission accepted the report.
Kim Leinbach reported Colette M. Corliss had resigned
from the City of Atlantic Beach Pension Board.
9 . Mayor to call on City Commissioners , City Attorney,
and City Clerk:
;ommissioner Fletcher congratulated Carl Walker and the
Beautification Committee on work that had been
completed.
Commissioner Fletcher requested that a Resolution be
prepared for the agenda of October 11 , 1993 thanking
Famous Amos Restaurant for their assistance in
beautifying Ahern Street and for supplying water for
irrigation.
Commissioner Waters reported he had been contacted by
Helen Joseph concerning a high water bill and he asked
staff to review her water bill for accuracy.
Commissioner Waters asked Walter Rew, Fire Marshall, to
conduct safety inspections of restrooms in Russell
Park, and to check lighted of all public facilities.
He indicated Adele Grage Community Center had
insufficient lighting.
Mayor Gulliford reported the city had received an
application for All American City.
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September 13 , 1993 COMMRS. MSYN
There being no further business the Mayor adjourned the
meeting at 10 : 00 P.M.
t4yamI . Gull for. Jr.
Mayor/Presiding OfiI))11: ,
ATTES T:
Mau een King, C . y C11 k