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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 V V Page 2 NAME OF 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 V V Page 3 NAME OF 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. V V Page 4 NAME OF 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 V V Page 5 NAME OF September 13, 1993 COMMRS. MSYN 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. V V Page 6 NAME OF September 13, 1993 COMMRS. MSYN 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 V V Page 7 NAME OF September 13 , 1993 COMMRS. MSYN 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, V V Page 8 NAME OF 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 V V Page 9 NAME OF September 13, 1993 COMMRS. MSYN 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. V V Page 10 NAME OF September 13 , 1993 COMMRS. MSYN 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 . • V V Page 11 NAME OF September 13, 1993 COMMRS. MSYN 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. V V Page 12 NAME OF 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