09-14-92 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, SEPTEMBER 14, 1992, 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 24, 1992
and Special Called Meeting of August 31, 1992.
2. Recognition of Visitors:
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.
3. Old Business:
A. Discussion regarding intent to sue City of Jacksonville relative
to Interlocal Agreement
4. Consent Agenda:
A. Adele Grage Community Center monthly report
B. Bid #9192-17 Annual Janitorial Service
C. Bid #9192-19 Water Main Replacement for 1st, 9th & 11th Streets
D. Change Orders relative to Atlantic Beach Water Treatment Plant 1
& 2 Improvements
E. Water and Sewer Committee report
F. Authorization to proceed with purchase of new sanitation
collection vehicle
5. Resolutions:
A. Resolution #92-25, Budget Adjustment #BA-37 transfer of funds
relative to Expansion of Buccaneer Wastewater Treatment Facility
6. Ordinances:
A. Introduction and first reading of Ordinance #80-92-49 relative to
side door pick-up of garbage and additional pick-up of dumpsters
B. Introduction and first reading of Ordinance #58-92-18 to correct
missing terminology in Employee Benefits, Retirement System
7. New Business:
A. Approval of tentative FY 1992/93 budget and millage rate hearing
B. Appointment of committee for purpose of negotiating Interlocal
Agreement with the City of Jacksonville.
8. City Manager Reports and/or Correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
` MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION
HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY,
SEPTEMBER 14, 1992 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Glenn A. Edwards E E
Lyman T. Fletcher D D
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
M S
AND: Kim D. Leinbach, City Manager 0 E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ONE N
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 24,
1992, and Special Called Meeting of August 31, 1992 Edwards x x
Fletcher x
Motion: Approve minutes of the regular meeting of August 24, Tucker x x
1992 Waters x
Gulliford a
No discussion before the vote. The motion carried unanimously.
Edwards x x
Motion: Approve minutes of the Special Called Meeting of Fletcher x
August 31, 1992 Tucker a
Waters a x
No discussion before the vote. The motion carried unanimously. Gulliford x
2. Recognition of Visitors:
Mayor Gulliford recognized Warren Jones, President of Jacksonville
City Council, and Charles W. Arnold, Jr. , General Counsel to the
City of Jacksonville, who were in the audience to answer questions
relating to the public hearing which had been held in Jacksonville
City Hall the previous week relative to Atlantic Beach's intent to
seek legal remedy to resolve the dispute regarding revenues paid by
Atlantic Beach residents and services provided by the county. The
Mayor also recognized former City Commissioners Robert B. Cook and
John W. Weldon who were in the audience. He invited the City
Commissioners to ask questions or make any comments they may have.
Commissioner Edwards inquired whether President Jones might change
the makeup of the committee which had been appointed to represent
Jacksonville in the negotiations to include At-Large Councilmen.
President Jones indicated that if that matter proved to be a real
concern to Atlantic Beach it could be addressed; however he assured
the City Commission that Jacksonville intended to recognize its
roll as a County Commission and negotiate in fairness.
Commissioner Fletcher emphasized his desire to have the
negotiations concluded as quickly as possible and requested that
the suggested time frame for negotiations should be shortened. He
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also suggested that the negotiating committee report to the City
Council rather than the Finance Committee. However, he felt the
Finance Department should be kept informed regarding the
negotiations so that when a report is presented to the City Council
it would already have been endorsed by the Finance Department.
President Jones said he would confer with staff regarding moving
the deadline up; however, he felt the established deadline of
December 1, 1992, was probably realistic in order to provide
adequate time for Jacksonville to accumulate the necessary data,
but he felt a report could be made within 30 - 40 days.
Commissioner Fletcher requested that a meeting be held between the
Jacksonville City Council and Atlantic Beach City Commission by the
December 1 deadline regardless of the status of the negotiations.
Mr. Arnold reported the first meeting of the Jacksonville
negotiating committee had been scheduled for Wednesday, September
16, and invited Atlantic Beach representatives to attend.
Commissioner Waters felt there was a problem with the perception
that Atlantic Beach was a neighborhood of Jacksonville and was not
recognized as a separate municipality. He also pointed out
Councilman Crescimbeni had strongly opposed the city's position
regarding the Wonderwood Expressway, and expressed concern at his
being appointed to chair the negotiating committee. Commissioner
Tucker and former Commissioner Cook agreed with Commissioner
Waters' comments in this regard.
President Jones said he felt sure Councilman Crescimbeni would do a
fair job representing both sides in the issue, but if not, he said
he would not hesitate to replace him on the committee.
City Attorney Jensen felt it would take some time for the
Jacksonville committee to review all the information which would be
presented to them and he felt the six weeks time period was very
reasonable.
Jim Jarboe pointed out that with Christmas and the eight-week break
period of the Jacksonville Council it could be several months
before final action would be taken.
Alan Potter, 374 Second Street, requested that Jacksonville budget
in a contingency reserve, funds to be paid to the City of Atlantic
Beach if it prevails in an agreement. Edwards x
Fletcher x x
Motion: Defer setting a date for filing legal action at this Tucker x x
time Waters x
Gulliford x
The motion was seconded by Commissioner Tucker and was unanimously
approved.
Mayor Gulliford thanked President Jones and Mr. Arnold for coming
to Atlantic Beach and said he hoped negotiations could be
undertaken in good faith and litigation avoided.
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Jim Jarboe suggested that Councilman Brown enter an amendment to
the Jacksonville budget to provide contingency funds and he agreed
to contact Councilman Brown in this regard.
3. Old Business:
A. Discussion regarding intent to sue City of Jacksonville
relative to interlocal agreement
This item was addressed under Recognition of Visitors.
B. Proposal to purchase transcript of interlocal agreement
meeting with Jacksonville
It was explained that a court reporter had been in attendance at
the public hearing on September 8, 1992, between the Jacksonville
City Council and Atlantic Beach City Commission. Brief discussion
ensued and Commissioner Fletcher felt it would be beneficial to
have a written transcript of the meeting.
Motion: Order transcript of the September 8, 1992 public Edwards x
hearing of Jacksonville City Council and Atlantic Fletcher x x
Beach City Commission, to be purchased with funds Tucker x x
from Commission contingency Waters x
Gulliford x
No discussion before the vote. The motion carried unanimously.
4. Consent Agenda:
A. Adele Grage Community Center monthly report
B. Award of Bid #9192-17 1YAnnual Lawn Maintenance
C. Award of Bid #9192-17 - Annual Janitorial Service
D. Award of Bid #9192-19 - Water Main Replacement for 1st, 9th &
11th Streets
E. Change Orders relative to Atlantic Beach Water Treatment Plant
#1 and #2 improvements
F. Water and Sewer Committee report
G. Authorization to proceed with purchase of new sanitation
collection vehicle
At the request of Commissioners Waters and Edwards Consent Agenda
items D and E, respectively, were withdrawn from the Consent
Agenda.
Edwards x x
Motion: Approve passage of Consent Agenda with the Fletcher x
exception of items D and E Tucker x x
Waters x
No discussion before the vote. The motion carried unanimously. Gulliford x
Consent Agenda Item D - Award of Bid #9192-19
Commissioner Waters inquired whether the proposed water line
replacement was a part of the capital improvement program. Public
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Works Director Kosoy responded that this project had been planned
and budgeted and would replace 40- and 50-year-old 2" lines with 6"
water lines.
Edwards x x
Motion: Approve award of bid #9192-19 for replacement of Fletcher x
water lines on 1st, 9th and 11th Streets to A.A. Tucker x
Site and Utilities at a cost of $188,965.00 Waters x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
Consent Agenda Item E - Change Orders on water treatment plant
improvements
Commissioner Edwards inquired into the proposed planting of palm
trees. He felt the city had allowed the warranty period to expire
before requesting replacement by the contractor. Don Ford
explained the palm trees at City Hall had failed after the a 90-day
warranty period. Five trees had been replaced and have a one-year
warranty.
Edwards x x
Fletcher x
Motion: Approve Change Orders #1 and #2 on the water plant Tucker x
improvement project Waters x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
At this time Mayor Gulliford said he would like to appoint a
committee to represent the city in negotiations with Jacksonville
to settle the interlocal agreement dispute.
The following individuals were appointed:
Commissioner Waters, City Manager Leinbach, Raymond
Salman, Jim Jarboe, Greg McCaulie, Admiral Ted Snyder,
Suzanne Shaughnessy, and John Weldon (honorary;
ex-officio)
5. Resolutions:
Resolution No. 92-25 - A RESOLUTION TRANSFERRING CERTAIN MONIES
BETWEEN FUNDS Edwards x x
Fletcher x
Motion: Approve passage of Resolution No. 92-25 Tucker x
Waters x x
In discussion before the vote Commissioner Tucker inquired Gulliford x
regarding the purpose of the transfer of funds and Harry McNally
explained funds which had been budgeted for items in the 1991/92 FY
budget were being transferred to the operating budget for the
installation of the surge tank at the Buccaneer wastewater
treatment plant. The question was called and the motion carried
unanimously.
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SEPTEMBER 14, 1992 NAME OF
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6. Ordinances:
A. Ordinance No. 80-92-49 - First Reading
Mayor Gulliford presented in full, in writing, on first reading,
Ordinance No. 80-92-49: AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
TO AMEND CHAPTER 16, REFUSE AND GARBAGE, ALLOWING FOR SIDE DOOR
PICK-UP, AND AN ADDITIONAL PICK-UP OF DUMPSTERS OF "RESIDENCE C
UNIT" AND "COMMERCIAL A UNIT," SETTING THE CHARGE FOR SUCH
ADDITIONAL SERVICES, AND PROVIDING AN EFFECTIVE DATE.
Edwards x x
Motion: Approve passage of Ordinance No. 80-92-49 on first Fletcher x
reading and set for public hearing on September 28, Tucker x
1992 Waters x x
Gulliford x
Discussion ensued regarding charges for side yard pick-up for the
elderly and handicapped and Mr. Kosoy explained documentation
had to be presented from a doctor certifying that the individual
was unable to carry garbage cans to the street in order to qualify
for side yard collection at no additional charge. This matter is
to be further reviewed before the public hearing. The question was
called and the motion carried unanimously.
B. Ordinance No. 58-92-18 - First Reading
Mayor Gulliford presented in full, in writing, on first reading,
Ordinance No. 80-92-49: AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-281(c) , TO
BRING SAID SECTION INTO CONFORMITY WITH SECTIONS 2-281(a) and
2-281(b) , AND PROVIDING AN EFFECTIVE DATE. Edwards x x
Fletcher x
Motion: Approve passage of Ordinance No. 58-92-18 and set Tucker x x
for public hearing on September 28, 1992 Waters x
Gulliford x
No discussion before the vote. The motion carried unanimously.
Ken Horton, Lawn Maintenance Contractor, said he had been retained
by the city to maintain city lawn on an interim basis until a new
contract could be awarded. He said he had assumed this
responsibility at the rate the previous contractor had charged and
was losing money. He noted that all bids for lawn maintenance had
been rejected by the City Commission earlier in the evening and
asked how the city would proceed to secure a new contractor. He
was advised the city would revise the specifications and would
solicit further bids. Mr. Horton's work was highly praised by Tim
Kazmierczak, 343 Beach Avenue.
7. New Business:
A. Approval of tentative FY 1992/93 budget and millage rate
hearing
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Mayor Gulliford announced the tentative millage had been set at
2.7525 with the debt service set at .0901; the roll back millage
rate was 2.6624. He opened the floor for a public hearing and
invited comments from the audience. There being no comments from
the audience on the budget, the Mayor declared the public hearing
closed. Edwards x
Fletcher x x
Motion: Adopt the tentative FY 1992/93 budget Tucker x
Waters x x
Commissioner Edwards noted that $5,000.00 had been provided in the Gulliford x
budget to purchase trees. Following discussion it was explained
the $5,000.00 had been budgeted for beautification and the City
Commission had discretion regarding how the funds would be spent.
The Mayor encouraged the city staff to pursue the possibility of
having citizens donate trees and other such items. Following
further discussion it was agreed to change the terminology to
"Beautification Capital Improvement Fund." The question was called
and the motion carried unanimously.
Mayor Gulliford inquired whether Commissioner Tucker, who had been
appointed to chair a Charter Revision Committee, had any names to
submit for appointment to that committee. Several names were
suggested and following discussion the Mayor appointed Raymond
Salman and City Clerk Maureen King to serve on the committee. He
asked that the Commissioners review the names which had been
submitted and forward to the City Clerk the names of any additional
individuals they wished to nominate for consideration. A committee
of nine members was suggested and the Mayor deferred action on
further appointments until the following Commission meeting.
8. City Manager Reports and/or Correspondence:
The City Manager said he had received a request from Don Redmond
who requested approval of a tri-athalon on the beach on Saturday,
September 19, 1992. No objections to the tri-athalon were voiced.
The City Manager also reported the City of Jacksonville had
requested the Beaches Library be used as a Citizens Service Center
to disseminate information. The City Manager said he wished to
advise the City Commission of Jacksonville's plans. He said that
Atlantic Beach had recently established a computerized complaint
management system and he expressed some concern that citizens might
by-pass the city and go instead to Jacksonville's Citizens Service
Center; however, complaints received there would be forwarded to
Atlantic Beach.
The City Manager also reported that he and Parks and Recreation
Director Blanchard had met regarding the selection of an architect
for the proposed improvements in Russell Park. He will report
further at the next Commission meeting.
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The City Clerk had provided the City Commission with lists of the
various charges for city licenses and permits. She agreed to
review these charges with city staff and present recommendations at
a later date.
City Attorney Jensen said he had been asked to check into what
could be done to initiate an encumbrance system. He said the city
code would need to be amended and he agreed to draft an amendment
for the next meeting.
Commissioner Fletcher suggested that city staff contact Tim
Kazmierczak, 343 Beach Avenue. Based on his comments earlier in
the evening, Commissioner Fletcher felt Mr. Kazmierczak could be
helpful to the city in drafting specifications.
Commissioner Edwards reported at a recent meeting of the Board of
Directors of the Florida League of Cities, several cities reported
they had started a $1.00 a month disaster relief fund. He said
these funds would be used to improve shelters, purchase cots,
sleeping bags, food, etc. He suggested Atlantic Beach consider
participating in this program.
Mayor Gulliford requested the City join the Florida Parking
Association. He also reported he had received notification from
the Florida Shore and Beach Preservation Association that no one
from Atlantic Beach had registered for the September meeting. The
City Manager agreed to contact Mr. Weiss in this regard.
The Mayor also noted that the City of Atlantic Beach Pedal Pickers
program had been recognized in the 1992 issue of City Innovation
Showcase published by the Florida League of Cities. He thanked
Chief Thompson and Parks and Recreation Director Blanchard for
their work on this program.
There being no further business to come before the City Commission,
the Mayor declared the meeting adjourned a• ' :21 'V.
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441111
William I. Gullifor, li
Mayor/Presiding Of
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Maureen King
City Clerk