02-10-97J~
CITY OF ATLANTIC BEACH
.•., COMMISSION MEETING -February 10, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Public Hearing on Beach Avenue Assessments held January
21, 1997, and Regular Commission meeting of January 2-7, 1997
2. Recognition of Visitors:
A. Joe Welsh, Purvis Gray & Company, to present Audit Report
3. Unfinished Business:
A. Discussion and/or action regarding Butl Memorial Park
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from th~a following City Departments:
Building Department
Code Enforcement Department
Parks & Recreation
5. Action on Resolutions:
A. Resolution No. 97-3
A RESOLUTION OF THE CITY OF ATLANTIC BEACH TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
B. Resolution No. 97-4
A RESOLUTION OF THE CITY OF ATLANTIC; BEACH, NAMING PROPERTY
IN OCEAN GROVE UNIT 2 AS MANDALAY PARK
C. Resolution No. 97-5
A RESOLUTION OF THE CITY OF ATLANT]'iC BEACH, FLORIDA, URGING
THE 1997 FLORIDA LEGISLATURE TO CREATE A DEDICATED FUNDING
SOURCE FOR STATEWIDE BEACH MANAGEMENT AND SUPPORTING
HOUSE BILL 103
6. Action on Ordinances:
A. Ordinance No. 5-97-29 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 2, ADMINISTRATION, SECTION 2-19, RULES OF CONDUCT AND
PROCEDURE AT MEETINGS, TO ADD RULE NO. 25, AUTHORIZING CITY
COMMISSIONERS AND CHARTER OFFICERS TO REQUEST WRITTEN
MOTIONS, AND PROVIDING AN EFFECTI~B DATE
B. Ordinance No. 45-97-12 -Introduction and I''irst Reading
AN ORDINANCE OF THE CITY OF A'LANTIC BEACH, FLORIDA,
AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS,
ARTICLE III, ZONING REGULATIONS, D]VISION 7, SUPPLEMENTARY
REGULATIONS, SEC. 24-159, HOME OCCUPATIONS, TO PROVIDE THAT
Page Two AGENDA February 10, 1997
SEC. 24-159, PREVAILS OVER ANY OTHER ORDINANCES WHICH MAY
CONFLICT THEREWITH, AND PROVIDING AN EFFECTIVE DATE
C. Ordinance No. 58-97-22 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF A'CLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE IV, EMPLOYEE
BENEFITS, DIVISION 3, RETIREMENT SY~,TEM, SEC. 2-298(a), MEMBER
CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS BY BENEFIT GROUP
POLICE, AND PROVIDING AN EFFECTIVE DATE
D. Ordinance No. 60-97-9 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF A'CLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 17, SIGNS AND ADVERTISING STRUCTURES,
ARTICLE I, IN GENERAL, TO PROVIDE FOR STANDARDIZATION OF
OFFICIAL SIGNAGE FOR PARKS AND PUBLIC BUILDINGS, AND
PROVIDING AN EFFECTIVE DATE
7. New Business:
A. Awazd contract to Lady J. Construction for Asphalt Repair Work pursuant to the
specifications of Bid No. 9697-3
B. Discussion and related action in wnnection with request from Leila Mousa, Principal
of Duncan U. Fletcher High School, to enact legisl;ttion regarding under age smoking
~~ on or near school property
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C. Discussion and related action in connection with non-union general employees pay
plan
D. Awazd contract for Annual Janitorial Service at city facilities, pursuant to the
specifications of Bid No. 9697-4, to Duval Janitor Service in the amount of
$36,300.00
8. City Manager Reports and/or Correspondence:
9. Reports and/or requests from City Commissioners, City Attorney and City Clerk
Adjournment
If any person decides to appeal airy decision made by the City Commissions with respect to any matter considered
at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure
that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon
which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to
the City Clerk prior to the meeting. For your convenience, forms for thi s purpose aze available at the entrance.
to the Commission Chambers.
In accordance with the Americans with Disabilities Act and Section 186.26, Florida Statutes, persons with
disabilities needing special accommodation to participate in this meeting should contact the City Clerk.
''"` MINUTES OF THE REGULAR MEETING OF THE ATLAN'CIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 S]EMINOLE
ROAD, AT 7:15 PM ON MONDAY, FEBRUARY 10, 1997
PRESENT: Lyman Fletcher, Mayor
John Meserve
Tim Reed
Steve Rosenbloom
Suzanne Shaughnessy, Commissioners
AND: James Jarboe, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
The meeting was called to order. The invocation was offered by Citq Manager
Jarboe, followed by the Pledge of Allegiance to the Flag.
1. Approval of the minutes of the Puhlic Hearing,on Beach Avenue
Special Assessments held January 21 1997
Motion: Approve minutes of the Public Hearing on Beachh Avenue
Special Assessments held January 21,1997.
The motion carried unanimously.
Approval of the minutes of the Regular Meeting held
January 27, 1997.
Motion: Approve minutes of the Regular Meeting held
January 27, 1997.
The motion carried unanimously.
2 Recognition of Visitors:
A. Joe Welsh, Purvis Gray and Company, to present audit report.
Joe Welsh a partner with Purvis Crray and Company introduced Rom Whiteside,
Senior Auditor for the City of Atlantic Beach report and then presented the
audit report for FY 1995/96 to the Commission.
Mr. Welsh indicated the report complied with all federal, state and local
,^ accounting requirements and contained no negative comments. Mr. Welsh
praised Finance Director Ann Meuse and the Finance Department stail'for their
professionalism. He then presented a brief overview of several areas oaf the
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report including the balance sheet of city funds, the general fund, income
statement, pension fund, bond issue disclosures for the secondary market, and
single audit reports for grant funds and indicated the City was in exc<:llent
financial condition.
Mr. Welsh pointed out a new requirement, beginning on Page 60 of the report
concerning bond covenant disclosures to be provided on an annual basis. He
stated the city had a good financial advisor for the bond issue which enabled the
city to secure the bond at a low cost and interest rate for the citizens of
Atlantic Beach.
Mayor Fletcher commended Finance Director Meuse for the outstanding work
by the Finance Department and asked that his message be expresse<l to staff.
B. Alan Potter of 374 Second Street
Mr. Potter spoke concerning the proposed Beach Avenue assessments stating
in 1986 when the property was annexed into the city, 86% of the ele~,torate
~ favored the annexation. At that time, the residents of the area wishing to be
annexed were told if the property was annexed, they would pay for any water
and sewer lines installed in the area and they agreed to this stipulation. He
continued by stating he believed the people who voted approval of the
annexation would not approve of subsidizing the costs of sewer lines by 50%
and free water lines and fire hydrants for the property owners affected by the
proposed assessment. Mr. Potter then asked the Commission to revisit the
1986 annexation stipulations.
3. Unfinished Business:
A. Discussion and/or action regarding Bull Memorial Park
Commissioner Meserve stated he asked for this item to be placed on the agenda
because he felt the Commission did not give the City Manager cleaz direction in
regard to what they wanted done at the park and the budget for the project was
not discussed. Commissioner Meserve then asked City Manager 7azlboe how
much money had been budgeted for the park and was told $4Q000.00.
Motion: Stop completion of contract with design firm and
apologize to the architect, upgrade the playground area, install
sidewalk to connect both sides of the park, and improve the back of
the Community Center building.
Commissioner Shaughnessy stated she was not yet ready to abandon. plans for
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the pazk.
Commissioner Reed agreed with Commissioner Meserve and stated he felt the
original plan for the park had grown way beyond the needs of the area and
suggested the Commission put together a plan for the pazk based on the
$40,000.00 budgeted.
Commissioner Rosenbloom stated he could see the merits of both sides of the
park matter, but believed the Commission needed to agree on the project and
see it through to the end. Commissioner Rosenbloom also admitted that
projects can grow much lazger and more expensive than originally intended as
input is received from various groups.
Mayor Fletcher stated many people had spent a great deal of time on thus
project and the city should go forward and authorize a plan spreading; the costs
over several years. He further stated the children's playground was lus first
priority for the pazk.
~ Commissioner Shaughnessy suggested authorizing a master plan for the park
and phasing the work over a three yeaz period of time, as suggested ly the
University of Florida when they conducted a study of the city's parks.
Commissioner Meserve rebutted the suggestion stating spreading the costs over
several years could double the cost of the project and using an architect for the
pazk was also too costly.
As the discussion continued, Commissioner Reed stated he was not sure the
Cormnission ever made a definite decision on the pazk and suggested'.
proceeding with the minimum requirements.
Corrurrissioner Rosenbloom agreed something should be done in Bull Park, and
expressed his previous position that funds earmazked for the Dutton Island and
Tresca properties should be spread throughout the city because many residents
will never utilize those parks. Concern was also expressed that the memorials,
pazking and green space areas had not been addressed properly or the costs
determined.
After some further discussion the question was called and the motion was
defeated by a two to three roll call vote with Commissioner Rosenb±oom,
Commissioner Shaughnessy and Mayor Fletcher voting nay.
>°^~ Motion: Authorize staff to go ahead with plans for the p:~rk based
on Ed Preston's report from the charette and come back with
recommendations and an estimate of the costs.
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Much discussion ensued concerning the architect's fee, a budget figure for
work to be done in the park, relocation of the memorials in the park, sidewalks,
green space and parking on Seventh Street.
Substitute Motion: Direct City Manager to negotiate with the
architectural firm for atwo-step design plan: (I) The first step to
include a conceptual design and cost estimate and (2) the second
step, contingent upon approval of the first step, to include
construction design and bid documents.
The substitute motion carried unanimously.
Some further discussion ensued concerning what should be included in the
design of the park.
Motion: Also include that the following be considered when
designing the park: (I) set a limit of $100,000 for cost of the park,
excluding design fees (2) openness to moving the memorials, {3)
keep the existing green space open, (4) no parking on Seventh
Street, and {5) improve the existing children's playground.
There being no further discussion, the motion carried by a four to one vote
with Commissioner Reed voting nay.
4. Consent Agenda:
A. Acknowledge receipt of monthly reports from the following
City Departments: Building Department, Code Enforcement
Department, and Parks and Recreation
The consent agenda items were received and acknowledged as presented.
5. Action on Resolutions:
A. Resolution No. 97-3
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
TRANSFERRING CERTAIN MONIES BETWEEN FUNDS
Mayor Fletcher presented in full in writing Resolution No. 97-3.
(^~ City Manager Jarboe stated Finance Director Meuse would answer any
questions concerning the transfer of funds. There were no questions.
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Motion: Adopt Resolution No. 97-3 authorizing transi~er of
funds to provide funding to relocate Francis Avenue 1-avement.
There was no discussion and the motion carried unanunously.
B. Resolution No. 97-4
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
NAMING PROPERTY IN OCEAN GROVE UNIT 7 AS
MANDALAY PARK
Mayor Fletcher presented in fall in writing Resolution No. 97-4.
Motion: Adopt Resolution No. 97-4.
J.P. Marchioli of 414 Sherry Drive passed out a letter to eac17
Commissioner suggesting the area not be called a park, but "Mandalay
Bosk" or "Mandalay Holt", which would utilize a word he felt was more
r. appropriate than the word "park" for this property.
There was no discussion and the motion carried unanimously.
C. Resolution No. 97-5
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORH)A, URGING THE 1997 FLORIDA LEGISLATURE
TO CREATE A DEDICATED FUNDING SOURCE FOR
STATEWIDE BEACH MANAGEMENT AND
SUPPORTING HOUSE BILL 103
Mayor Fletcher presented in full in writing Resolution No. 97-5.
Motion: Adopt Resolution No. 97-5.
Commissioner Shaughnessy explained House Bill 103 would provide for
a long-term dedicated funding source for statewide beach renourishment
of approximately $27 million annually paid for by cruise ship passengers
embarking and debarking in Florida.
Commissioner Reed stated he did not know anything about the other side
of the issue, but it appeared to him to be another tax.
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Commissioner Shaughnessy explained that it was not a tax, but a user fee
to be charged with no punitive intent.
Commissioner Meserve stated he supported an on-going dedicated
source of funding for beach renourishment.
There being no further discussion, the motion carried by a four to one
vote with Commissioner Reed voting nay.
Mayor Fletcher asked City Clerk King to send a copy of the Resolution
to the other Mayors in the county demonstrating the city's support of
House Bill 103 and a dedicated funding source for statewide beach
management.
6. Action on Ordinances:
A. Ordinance No. 5-97-29 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH
AMENDING CHAPTER 2, ADMINISTRATION, SECTION
2-19, RULES OF CONDUCT AND PROCEDURE AST
MEETINGS, TO ADD RULE N0.25, AUTHORIZING CITY
COMMISSIONERS AND CHARTER OFFICERS 7!'O
REQUEST WRITTEN MOTIONS AND PROVIDING AN
EFFECTIVE DATE
Motion: Adoption Ordinance No. 90-96-163 on first
reading.
Mayor Fletcher read the ordinance by title only and explained the final
reading and public hearing would take place February 24, 199'x.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 45-97-12 Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC ]BEACH,
FLORIDA, AMENDING CHAPTER 24, ZONING AND
SUBDIVISION REGULATIONS, ARTICLE III, ZONING
~. REGULATIONS, DIVISION 7, SUPPLEMENTARY
REGULATIONS, SECTION 24-159, HOME
OCCUPATIONS, TO PROVIDE TIiAT SECTION 24-159
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PREVAILS OVER ANY OTHER ORDINANCES W''HICH
MAY CONFLICT THEREWITH, AND PROVIDING AN
EFFECTIVE DATE.
Motion: Adopt Ordinance 45-97-12 on first reading.
Mayor Fletcher read the ordinance by title only and explained the final
reading and public hearing would take place February 24, 1997.
City Manager Jarboe explained the intent of the ordinance was to
eliminate conflict between the Zoning regulations and Home
Occupational License section of the City Code, with the Home;
Occupational License Section 24-159 prevailing over atl other
ordinances.
There was no discussion and the motion carried unanimously.
C. Ordinance No. 58-97-22 -Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC :BEACH,
FLORH)A, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE IV, EMPLOYEE BENEFITS, DIVISION 3,
RETIREMENT SYSTEM, SECTION 2-298(a), MEMBER
CONTRIBUTIONS, TO REDUCE CONTRIBUTIONS BY
BENEFIT GROUP POLICE, AND PROVIDING Al!~T
EFFECTIVE DATE
Motion: Adopt Ordinance 58-97-22 on first reading.
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Mayor Fletcher read the ordinance by title only and explained the final
reading and public hearing for this ordinance would take place Febmary
24, 1997.
There was no discussion and the motion carried unanimously.
D. Ordinance No. 60-97-9- Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 17, SIGNS AND
ADVERTISING STRUCTURES, ARTICLE I, IN
GENERAL, TO PROVH)E FOR STANDARDIZATION OF
OFFICIAL SIGNAGE FOR PARIS AND PUBLIC
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BUILDINGS, AND PROVIDING AN EFFECTIVE ]DATE
Motion: Adopt Ordinance No. 60-97-9 on first readimg.
Mayor Fletcher read the ordinance by title only and explained the final
reading and public hearing would also take place February 24, 1997.
Commissioner Shaughnessy stated she believed the intent of the
ordinance was to set standards for new signs with existing signs given a
longer period of time to be brought into compliance. Commissioner
Shaughnessy then inquired as to the September 30, 1998 compliance
date in the ordinance. City Attorney Jensen stated the date was
arbitrary, and any date could be used, however, a reasonable period of
time would be needed.
Commissioner Rosenbloom inquired as to the cost to replace all of the
city-owned signs and Commissioner Meserve provided information from
.~.-~, a previous agenda packet stating approximately $27,000.00.
A brief discussion ensued concerning replacement of existing signs. City
Manager Jarboe suggested $27,000.00 be placed in next year's budget to
replace all of the signs at one time. Commissioner Rosenbloom stated he
would vote for the ordinance, but did not want to replace all of the signs
at one time.
Amendment to the motion: Grandfather in existing signs and
replace existing signs as they deteriorate.
Some further discussion ensued concerning compliance and it was the
consensus of the Commission that the existing signs be replaced at the
discretion of staff.
There was no further discussion and the motion as amended carried
unanimously.
7. New Business:
~.,, A. Award contract to Lady J Construction for Asphalt ILepair
Work pursuant to the specifications of Bid No. 9697-:1
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Motion: Award contract for asphalt. repair work pursuant to
the specifications of Bid No. 9697-3 to Lady J. Construction.
City Manager Jarboe reported the city had checked the references of
Lady J. Construction and received good reports concerning pothole
repair. It was fiurther reported the company did not have the equipment
to do heavy overlays, but overlays were not part of this project.
J. P. Marchioli requested Commission consideration of having. Lady J.
Construction construct an asphalt walkway in Howell Park from the
entrance to the little bridge.
There was no discussion and the motion carried unanimously.
B. Discussion and related action in connection with request from
Leila Mousa, Principal of Duncan U. Fletcher High School, to
enact legislation regarding under age smoking on or near
school property
City Manager Jarboe stated a letter had been received from Leila Mousa,
Principal of Fletcher High School, requesting each Beach city adopt an
ordinance prohibiting possession of tobacco by a person under the age
of eighteen. City Manager Jarboe further stated the city would like to
show support for Ms. Mousa and her efforts at the High School, but
questioned the need for the ordinance related to smoking on school
grounds considering Atlantic Beach has only an elementary school.
Commissioner Shaughnessy inquired if the ordinance was adopted, who
would pay the fine mentioned in the letter. Public Safety Director
Thompson stated the parents would be responsible, but he felt :many
fines would go unpaid. When asked his opinion, Director Thompson
stated he did not encourage anyone to smoke, but believed this type of
ordinance was not necessary in Atlantic Beach.
Mayor Fletcher stated he believed it was a parental responsibility to
monitor the activities of their children, and considering the State law
against the sale of tobacco to minors and the fact there was only an
,..-, elementary school in Atlantic Beach, the ordinance was not needed.
Commissioner Rosenbloom stated he supported adoption of tlne
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e nrary ,
ordinance because he believed it would send a message the Ci1:y of
Atlantic Beach is taking a proactive role to discourage smoking; and
enforcement would send a clear signal of what Atlantic Beach ;is all
about.
After some further discussion, it was the consensus of the Conunission to
present a resolution at the next Commission Meeting supportin€;
Principal Mousa's position.
C. Discussion and related action in connection with non-union
general employees pay plan
City Manager Jarboe recommended that the General Employees (non-
union employees) receive aone-half percent increase above that of the
settlement with the Public Works Union, which would result in a one and
one-half percent (1.5%) increase and requested authorization to
implement the increase retroactive to October 1, 1996.
Motion: Approve recommended pay increase of 1.5% for
General Employees retroactive to October 1, 1996.
Commissioner Meserve stated he believed this was a fair thing to do to
thank the non-union staff. Commissioner Reed concurred with
Commissioner Meserve and. inquired as to the cost of implementing the
increase. City Manager Jarboe stated it would cost approximately
$12,672.00 for the current fiscal year.
There was no fiuther discussion and the motion carried unanunously.
D. Award contract for Annual Janitorial Service at city facilities,
pursuant to the specifications of Bid No. 9697-4, to Duval
Janitor Service in the amount of $36,300.00
Motion: Award annual janitorial service at city facilities
pursuant to specifications of Bid No. 9697-4 to Duval Janitor
Service in the amount of $36,300.00.
Commissioner Shaughnessy requested Bid Specifications be included in
future agenda packets.
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There was no discussion and the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
Mayor Fletcher reported he had spoken with Mayor Delaney of the
City of Jacksonville and was told the City would be receiving 9,200,000
in barge canal monies in the very near future. City Manager Jaa-boe
stated this year's payment of $85,000.00 would also be forth coming.
City Manager Jarboe stated he would present his State of the City
Address at the next Commission Meeting.
9. Reports and/or requests from City Commissioners, City
Attorney aad City Clerk
Mayor Fletcher reported the rewritten zoning ordinance should be ready
for presentation the first meeting in March, and requested copies of the
~^ ordinance be available to the public.
Mayor Fletcher also reported 97% of Atlantic Beach residents
participated in the City's recycling program during 1996.
There being no further discussion or business to co fore the Commission,
the meeting adjourned at 9:00 PM.
L etcher
Mayor/Presiding Officer
ATTEST:
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Ma reen King, CM ~/f~
City Clerk
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