02-22-93 v AMENDED AGENDA - 4B -delete
4E -add
CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, FEBRUARY 22, 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 February 8, 1993
2. Recognition of Visitors:
A. Introduction of Gail Baker, Camp Counselor at Donner Park
3. Old Business:
A. Discussion and related action regarding the presentation of
proposal for construction of recreation complex at Jack Russell
Park (Rose Blanchard, P&R Director)
B. Property for sale in vicinity of Jordan Park (George Worley, City
Planner)
C. Discussion and related action concerning ranking of architectural
proposals for expansion of the Public Safety building (Police
Chief Thompson and Fire Chief Williams)
D. Discussion and related action concerning contract modification
for construction phase service and resident observation for AB
Water Treatment Plant 1 & 2 expansion (Bob Kosoy, PW Director)
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. Water and Sewer Committee report
C. Bid #9293-4 ditch spraying and lagoons
D. Request for expenditure from Beautification Capital Improvement
Fund for tree planting project
E. Bid for sale of brush chipper
5. Resolutions:
A. Resolution #93-9 opposing the adoption of the proposed DNR rule
16B-55 opposing ocean front lighting restrictions
B. Resolution #93-10 relative to budget adjustment BA-50 transfer of
funds covering various items
6. Ordinances:
A. Introduction and first reading of Ordinance #95-93-55 relative to
amending the cost of investigation for solicitor's permit
7. City Manager Reports and/or Correspondence:
A. Report on water and sewer capital improvements and financial
data
8. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE O O
ROAD, AT 7 : 15 P. M. MONDAY, FEBRUARY 22, 1993 . T T
PRESENT: William I . Gulliford, Jr. , Mayor E E
D D
Glenn A. Edwards
Lyman T. Fletcher
Adelaide R. Tucker, and M S
J. Dezmond Waters , III , Commissioners O E
T C
AND : Kim D. Leinbach, City Manager I O Y
Alan C. Jensen, City Attorney NAME OF ONEN
Trudy Lopanik ( Substituting for the COMMRS. N D S 0
City Clerk who was ill )
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 February 8, 1993 .
Edwards x x
Motion: Approve minutes of the Fletcher x
regular meeting of February 8, 1993 Tucker x x
Waters x
No discussion before the vote . The motion carried Gulliford x
unanimously.
2 . Recognition of Visitors:
Rose Blanchard, Parks and Recreation Director,
introduced Gail Baker, Camp Counselor at Donner
Park. Ms . Baker encouraged people to visit Donner
Park Monday through Friday from 3 : 00 p. m. until
5 : 00 p. m.
Kaysee Pigford, 1735 Seminole Road, reported the
drain field supporting her septic tank had failed
and that she was advised by a plumber her yard did
not contain enough land to have an adequate drain
field. She indicated she had rented a Port-O-Let
to temporarily alleviate the problem. A discussion
ensued concerning the possibility of bringing sewer
to this site .
It was decided to turn this matter over to the
Water and Sewer Committee for study and
recommendations . In the meantime, Bob Kosoy was
instructed to contact the Health Department as it
was felt they would provide emergency assistance to
Ms . Pigford. Mr. Kosoy was instructed to furnish
some type of projected estimated of per foot cost
to provide sewer to Ms . Pigford, and Kirk Wendland
was asked to provide a ten year amortization
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February 22, 1993 v V
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schedule utilizing Mr. Kosoy' s projected figures, COMMRS. MSYN
by the next Commission meeting. Ms . Pigford
indicated her desire to convince her neighbors to
pursue the installation of sewer at the present
time, before more problems were experienced.
Kim Leinbach, City Manager, introduced Tim
Richardson, who conducted consulting and training
sessions . Mr. Leinbach explained it was his desire
to have a Goal Setting meeting, and utilizing Mr.
Richardson would not only provide better training
and expertise, but would also enable the City
Manager to work with the Mayor and Commissioners.
Mr . Richardson explained it was the purpose of the
meeting to come together with ideas, accomplish
goals, and to work as a team. It was decided to
have the meeting Saturday, all day, March 27 , 1993 ,
at the Community Center.
3. Old Business:
A. Discussion and related action regarding the
presentation of proposal for construction of
recreation complex at Jack Russell Park
Gerard Vermey, Architect, presented architectural
drawings for expanding the recreation complex at
Jack Russell Park. He explained the design
incorporated the existing concession stand into a
two-story building that was 60 x 50 . The YMCA
would have 1 , 088 feet designated for its use in
exchange for the removal of the existing trailer in
the park used by the YMCA. The ground floor would
also have two smaller meeting rooms, a storage room
for Little League equipment, a concession stand and
restrooms which could be accessed from either
inside or outside of the facility. In addition, a
broadcast booth would occupy the second floor.
Several changes were suggested and decided upon
with reference to the building plans, and Mr.
Vermey indicated he would revise the plans
according to the wishes of the Commission.
A discussion ensued concerning setting policy as to
the organizations that would use the facility, but
no policy was set at this time .
A discussion ensued concerning the facade of the
building and Gerard Vermey recommended having
shingles similar to the City Hall on the
second-story booth and half way down the
first-floor walls, with stucco on the bottom half
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February 22, 1993 NAME OF
COMMRS. MSYN
of the wall . He explained stucco would be more
durable and less prone to abuse. After discussion,
it was felt it would be prudent to follow the
recommendation of the architect and use shingles
along with stucco.
Motion: Have the Edwards x x
Fletch
Architect make suggested Tuckeror x
changes, develop an amended Tucker x x
plan, and put out to bid Waters x
Gulliford x
After discussion it was decided to have a workshop
so that all interested parties could meet and come
to a consensus concerning the use of the building.
Commissioner Edwards withdrew the motion and
Commissioner Tucker withdrew the second to the
motion.
It was decided to have a workshop Wednesday, March
3 , 1993 , at 7 : 30 p. m. The purpose of the workshop
would be for the Commission to meet with all
interested parties, review the revised plans, and
establish the use of the building.
Mayor Gulliford introduced Sherette Simpkins,
chairman of the Donner Community Development
Corporation. Ms . Simpkins invited everyone to
attend an open house of the Donner Community
Center, 1671 Francis Avenue on March 14 , 1993 .
B. Property for sale in vicinity of Jordan Park
George Worley, City Planner, reported concerning
property available for purchase near Jordan Park.
He indicated he would have names of property owners
and asking prices at the next meeting.
C. Discussion and related action concerning
ranking of architectural proposals for
expansion of the Public Safety building
David Thompson, Police Chief, presented rankings of
three architectural proposals for expansion of the
Public Safety Building as follows : ( 1 ) Fleet &
Associations, ( 2 ) Duff & Associates, and ( 3) RAM
Architecture. The Mayor explained the Commission
would hear proposals, rank the firms, and enter
into negotiations with the firm who was ranked
first. If in the event negotiations did not
proceed to everyone' s satisfactory, negotiations
would pursue with the firm ranked second. It was
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February 22 , 1993 COMMRS. MSYN
decided to conduct interviews Monday, March 8,
1993 , 5 : 30 p. m. , prior to the regular Commission
meeting.
D. Discussion and related action concerning
contract modification for construction phase
service and resident observation for Atlantic
Beach Water Treatment Plant 1 & 2
Bob Kosoy presented request for approval for
contract modification for Construction Phase
Services and Resident Observation for Atlantic
Beach Water Treatment Plant 1 & 2 Expansion. He
explained the FDER Consent Order work was expected
to be finished by March 24 , 1993 as directed.
However, additional work requested by the City, due
primarily to HRS requirements would require an
additional 8-9 weeks to complete . The revised
budget was $26 , 566 . 35 for Professional Services
during construction, and $39, 000 for Resident
Observation during construction for a revised total
of $65 , 556 . 35 . The revised budget was $243 . 03
lower than the original budget due to savings
realized in Resident Observation.
Edwards x x
Motion: Approve Contract Fletcher x x
Modification for Construction Phase Tucker x
Services and Resident Observation for Waters x
Atlantic Beach Water Treatment Plant Gulliford x
1 and 2 Expansion. Revised budget
$26,566 .35 for professional services
during construction, and $39,000 for
resident observation during
construction for a revised total of
$65, 556 .35 .
No discussion before the vote . The motion carried
unanimously.
4 . Consent Agenda:
A. Water and Sewer Committee report
C. Bid #9293-4 ditch spraying and lagoons
D. Request for expenditure from Beautification
Capital Improvement
E. Bid for sale of brush chipper
Commissioner Waters requested Item C be withdrawn
from the Consent Agenda. Commissioner Edwards
requested Item D be withdrawn from the Consent
Agenda. Edwards x
Fletcher x x
Motion: Approve passage of the Tucker x
Consent Agenda with the exception of Waters x x
Item C and Item D Gulliford x
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February 22 , 1993 V V
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No discussion before the vote. The motion carried
unanimously.
C. Bid #9293-4 ditch spraying and lagoons
Commissioner Waters inquired as to whether Bob
Kosoy was aware of the chemicals that were used to
spray ditches and lagoons, to which Mr. Kosoy
replied he was aware and that he intended to ask
for a daily report from the contractor. Edwards x x
Motion: Approve passage of Item C of Fletcher
the Consent Agenda Tacker x x
Waters x
D. Request for expenditure from Beautification Gulliford x
Capital Improvement Fund for tree planting
project
Commissioner Edwards referred to the desire of the
Beautification Committee to install 12 Sycamore
trees , 10-12 feet in height, on the west side of
Sailfish drive, from Atlantic Boulevard, north to
the parking lot entrance of Pic N' Save Drug
Store . He indicated the Sycamore tree had many
roots and, thus, would cause problems infiltrating
the city' s sewer system. Commissioner Edwards felt
the City should not be involved in the wholesale
planting of trees, and that funds could be used in
more useful ways .
A discussion ensued concerning having businesses
participate in the cost of planting trees, and the
Mayor indicated he would like nearby businesses to
participate .
Motion: Refer the request for Edwards x
expenditure in the amount of $2,490 Fletcher x
from Beautification Capital Tucker x x
Improvement Fund for a tree planting Waters x x
project back to the Beautification Gulliford x
Committee for further study. The
Commission would like the Committee
to explore planting of trees other
than Sycamore Trees, and the
Commission would like to have
monetary participation of nearby
store owners in the project
It was suggested Jim Jarboe write a letter to store
owners for the Mayor' s signature. It was suggested
the Beautification Committee contact Public Works
to ensure trees are not planted near city sewer
lines .
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February 22, 1993 COMMRS. MSYN
The question was called and the motion carried
unanimously.
5. Resolutions:
A. Resolution 93-9 : A RESOLUTION OF THE CITY OF
ATLANTIC BEACH OPPOSING THE ADOPTION OF THE
PROPOSED DEPARTMENT OF NATURAL RESOURCES RULE
16B-55
Mayor Gulliford presented in full , in writing,
Resolution 93-9 .
Edwards x x
Motion: Approve passage of Fletcher x
Resolution 93-9 Tucker x x
Waters x
Commissioner Waters objected to the second and Gulliford x
third paragraphs in the Resolution. He added he
did not object to the concept of the Resolution;
however, he felt the language contained in the
second and third paragraphs was not relevant and
that the Resolution could be approved without the
aforementioned paragraphs .
Substitute Motion: Approve passage Edwards x
of Resolution 93-9, as amended, by Fletcher x x
deleted second and third paragraphs Tucker x
contained therein Waters x x
Gulliford x
The question was called and resulted in a vote of
2-3 , with Commissioners Edwards and Tucker, and
Mayor Gulliford voting nay. The motion failed.
A discussion ensued and it was decided to delete
the third paragraph only, and substitute new
language indicating the State of Florida had not
adequately educated the public about Sea Turtles
nor had it offered sufficient assistance to local
governments to provide such education.
Substitute Motion: Approve passage Edwards x
of Resolution 93-9, as amended, by Fletcher x x
deleting third paragraph and Tucker x x
substituting language indicating Waters x
State of Florida had not adequately Gulliford x
educated the public about Sea Turtles
nor had it offered sufficient
assistance to local governments to
provide such education
The question was called and resulted in a vote of
4-1 with Commissioner Edwards voting nay. The
motion carried.
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February 22 , 1993
COMMRS. MSYN
B. Resolution 93-10: A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full , in writing,
Resolution 93-10 .
Edwards x
Motion: Approve passage of Fletcher x x
Resolution 93-10 Tucker x x
Waters x
A discussion ensued and Kim Leinbach and Kirk Gulliford x
Wendland answered several questions . It was
explained a budget transfer had been requested to
increase any accounts which ended the year with a
negative balance .
The question was called and the motion carried
unanimously.
6 . Ordinances:
A. Ordinance #95-93-55 - First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 18 SOLICITORS, AMENDING SECTION
18-18 , FEES, TO INCREASE THE COST OF INVESTIGATION
OF APPLICANT, AND AMENDING SECTION 18-19 , ISSUANCE
TO REQUIRE RECEIPT OF INVESTIGATION REPORT PRIOR TO
ISSUANCE OF PERMIT, AND PROVIDING AN EFFECTIVE DATE
Mayor Gulliford presented in full , in writing,
Ordinance #95-93-55 on first reading.
Edwards x
Motion: Approve passage of Ordinance Fletcher x
No. 95-93-55 on its first reading and Tucker x x
set public hearing for March 8, 1993 Waters x x
Gulliford x
A discussion ensued concerning solicitors and the
Mayor asked that the City Clerk place a notice in
the City Newsletter advising citizens that
solicitors must be licensed by the City.
The question was called and the motion carried
unanimously.
7 . City Manager Reports and/or Correspondence:
A. Report on water and sewer capital improvements
and financial data
Kim Leinbach presented a Water-Wastewater Report
dated February 22 , 1993 . He reported staff
presented unaudited financial information and
projected water and sewer revenues for the next
five years, as directed by the Commission. He
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February 22 , 1993 COMMRS. MSYN
indicated reserve funds were being used to pay for
the design and construction of ongoing capital
improvement projects . He added that at the current
pace of expenditures, reserves available for such
use would last until August, giving the City ample
time to put the financing in place.
Mr. Leinbach reported if the Commission desired to
retain a financial advisor staff recommended
utilizing Purvis & Gray to conduct a search.
Mr. Leinbach proceeded to outline some concerns he
had relative to the upcoming process. He indicated
he was concerned regarding the burden of so many
projects on staff . He added many projects were
scheduled for the future, with a small staff
obligated to watch projects closely. With
reference to DER financing, he indicated DER had
required more design information than staff had
anticipated and, thus, he reported it would be
necessary to move swiftly if it was desired to
pursue DER financing. Lastly, he referred to the
valuable contributions made by individuals to the
overall process, and he indicated his only concern
was how each related to the other, so that nothing
would "fall through the cracks . "
Mr. Leinbach recommended the City pursue the
acquisition of the services of a financial advisor,
immediately put out Request for Proposals to banks
for at least interim financing purposes, and
continue utilizing the City' s existing funds for as
long as possible to minimize the City' s money cost.
Edwards x
Motion: Authorize solicitation of Fletcher x x
Request for Proposals from banks for Tucker x x
interim financing
Waters x
Gulliford x
The question was called and the motion carried
unanimously.
Kim Leinbach asked if agendas could be sent to the
Commission on Thursday instead of Wednesday, prior
to Commission meetings . He indicated sending
agendas out on Wednesday, along with the
preparation of the City payroll, had placed a
burden on staff . The Commission agreed to have
agendas sent out on Thursday.
Edwards x
Fletcher x x
Motion: Authorize City Manager' s Tucker x x
Office to send out agenda packets waters
Thursday, prior to regular City Gulliford x
Commission meeting
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No discussion before the vote . The motion carried
unanimously.
8. Mayor to call on City Commissioners, City
Attorney and City Clerk:
Commissioner Fletcher announced the Department of
Transportation was conducting a seminar in
connection with traffic and urban design relative
to bicycle paths . The seminar would be held March
30 , 1993 , 8 : 30 a. m. until 4 : 30 p. m. at the Sea
Turtle . Commissioner Fletcher suggested a
representative from the City attend the seminar.
Commissioner Waters indicated he had noticed there
were oceanfront homes in deplorable condition.
Karl Gruenwald reported the Code Enforcement
Inspector was looking into the problem.
Commissioner Tucker announced there would be a
Charter Revision Committee meeting Monday, March 1 ,
1993 , 7 : 00 p. m. , at the City Hall , and the public
was invited.
Mayor Gulliford announced he had been advised the
City had reached impasse with the International
Association of Fire Fighters . Administration for
the City agreed to bypass the Special Master
provision of Florida State Statute 447 . 403 and
present the impasse articles directly to the
legislative body of the City. It was decided to
hold the Impasse Hearing Wednesday, March 24, 1993,
7 : 30 p. m .
Mayor Gulliford reported Reid McCormick, Mayor of
Jacksonville Beach, volunteered to be a
representative on the Metropolitan Planning
organization, representing the three beaches cities .
Mayor Gulliford reported he had received complaints
from Atlantic Beach citizens concerning people
holding signs on public streets indicating "I ' ll
work for food. " He indicated many such incidents
were "scams" and that it was his desire to protect
citizens from such harassment where possible .
Chief Thompson reported that while officers can
arrest anyone impeding traffic on state highways
like Atlantic Boulevard and Mayport Road, begging
for money was not a crime and his department was
reluctant to do anything that could be construed as
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February 22 , 1993 NAME OF
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• - - • - ona r g o ree speech
of the homeless . The Mayor would like the matter
to be placed on the next agenda. He indicated it
was his desire to help people that were truly in
need.
There being no further business the Mayor adjourned
the meeting at 10 : 30 p.m.
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Willis I . Gull for )
Mayor/Presiding Off - :
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Tru.yf Lop ik
Substitu /ng for City Clerk