09-22-97CITY OF ATLANTIC BEACH
COMMISSION MEETING -September 22, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of September 8, 1997
2. Recognition of Visitors:
3. Unfinished Business:
A. Discussion and related action on a request from the Merchants Association of Town Center
to hold a festival on October 18, 1997
B. Authorize execution of annual contracts with Beaches soccer Association, Beaches Habitat,
YMCA, Atlantic Beach Experimental Theater, and Atlantic Beach Athletic Association
C. Authorize execution of Indemnification Agreement between Pulte Home Corporation and the
City of Atlantic Beach, with reference to property de°scribed as Lots 4 and 5, Block 197,
Section H, Atlantic Beach
"~" 4. Consent Agenda:
A. Acknowledge receipt of report from Fire Department for the month of August
5. Action on Resolutions:
A. Resolution No. 97-31
A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE CLERKS,
DEPUTIES AND INSPECTORS FOR THE CITY OF ATLANTIC BEACH PRIMARY
ELECTION ON OCTOBER 7, 1997 AND GENERAL, ELECTION ON OCTOBER 21,
1997, AND SETTING THEIR COMPENSATION
B. Resolution No. 97-32 -Public Hearing
A RESOLUTION SETTING THE MII.LAGE RATE TO BE LEVIED ON ALL REAL
AND PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
ATLANTIC BEACH FOR FISCAL YEAR 1997/98.
C. Resolution No. 97-33 -Public Hearing
A RESOLUTION ADOPTING AN OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1997 AND ENDING SEPTEMBER 30, 1998
D. Resolution No. 97-34
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE
EVALUATION AND APPRAISAL REPORT OF Tl~ ADOPTED COMPREHENSIVE
PLAN AND AUTHORIZING CITY STAFF TO FORWARD THE REPORT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO REVIEW
6, Action on Ordinances:
A. Ordinance No, 70-97-12 -Public Hearing and Final ]leading
AN ORDINANCE OF THE CITY OF ATLANTIC EsEACH, AMENDING CHAPTER 20,
TAXATION,. ARTICLE I[I, OCCUPATIONAL. LICENSE TAX; SEC. 20-52.1,
INSPECTIONS, TO PROVIDE THAT THE FEE FOR THE FIRE INSPECTION SHALL
BE IN ACCORDANCE WITH SEC. 7-17; AND AN~NDING SEC. 20-54, DUE DATES
AND DELINQUENCIES; PENALTIES, TO AMEND THE PENALTY FOR OPERATING
A BUSINESS WITHOUT AN OCCUPATIONAL LICENSE; AND PROVIDING AN
EFFECTIVE DATE
B. Ordinance No. 5-97-31 -Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC B]'3ACH TO AMEND CHAPTER 2, BY
ADDING TO SEC. 2-19 RULE 25 WHICH LIMITS DISCUSSION TO
COMMISSIONERS ONCE A MOTION IS ON T1~ FLOOR, AND PROVIDING AN
EFFECTIVE DATE
7. Mew Business:
A. Authorize execution of annual contract between the pity and D & A Inspection Services
B. Award contract to Griner's Pipeline Services, Inc., in the amount of $91,171.30 for lining
sanitary sewer lines neaz lift station A, pursuant to the specifications of Bid No. 9697-25, and
authorize the City Manager to execute contract documents
C. Award annual contract to Atlas Electric Motors, Inc.., for electric motors and pump repairs
pursuant to the specifications of Bid No. 9697-17 (R.ebid) and authorize the City Manager
to execute contract
D. Award annual contract to Viaplex Metal Fabrication Company, Inc., for welding,
troubleshooting and repair pursuant to the specifications of Bid No. 9697-28, and authorize
the City Manager to execute contract
E. Award contract to Gtuhn-May, Inc., in the amount of $81,523.75 for lift station valve
improvements to Lift Stations "A" to "F", pursuant to the specifications of Bid No. 9697-26,
and authorize the City Manager to execute contract cocuments
F. Discussion and7elated action on installation of underground electric lines
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 any decision made by the City Commssion 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 this purpose aze available at the entrance to the Commission
Chambers.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes. persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday,
September 19, 1997.
-2-
MINUTES OF THE REGULAR MEETING OF THE ATLANT[C
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEVIINOL
ROAD, AT 7:15 PM ON MONDAY, SEPTEMBER 22, 1997
PRESENT: Lyman Fletcher, Mayor
Mike Borno
John Meserve
Suzanne Shaughnessy, Commissioners
AND: Jim Jarboe, City Manager
Maureen King, City Clerk
Alan C. Jensen, City Attorney
ABSENT: Steve Rosenbloom (Unexcused)
The meeting was called to order at 7:15 p.m. by Mayor Fletcher. Thee
invocation was offered by Mayor Fletcher followed by The Pledge ~~f
Allegiance to the Flag.
1. Approval of the minutes of the Regular Meeting held
September 8, 1997.
Motion: Approve minutes of the Regular Meeting held
September 8, 1997.
The motion carried unanimously.
2. Recognition of Visitors:
A. "Friends of Howell Park"
Barbara Hopson, a member of "Friends of Howell Park," of 760 Sherry
Drive expressed concern that the Core City Project (Howell Park
stormwater drainage/retention pond) would cause unnecessary destruction
of the park, requested an alternative plan be considered, and asked that the
project be halted and the Commission seriously consider citizen inpiut.
Cynthia Corey another member of "Friends of Howell Park," presc;nted
petitions to the Commission opposing the present plans for Howell Park,
copy of which is e attached and made part of this official record as
Attachment A. Mrs. Corey concurred with Mrs. Hopson's statements and
expressed concern for destruction of wildlife habitat and wetlands.
Mayor Fletcher responded by stating the project had been in the works for
more than two years and since this was not an agenda item, no action would
V V
O O
T T
E E
S s
M S
O E
T C
I O Y
O N E N
COMMISSIONERS N D S O
aoRlvo x x
MESERVE X X
FLETCHER X
Minutes Page -2-
,~.~ September 22, 1997
be taken tonight. Mayor Fletcher continued by stating the Commiss'.:on
needed to balance the interests of all the citizens and include input from
those who favored the project to prevent flooding.
After a brief discussion, Mayor Fletcher stated he would like to hold a
Special Called Meeting on Thursday, October 2, 1997 at 7:15 p.m. in the
Commission Chambers to allow everyone a chance to speak on the issue.
After a brief discussion, it was the consensus of the Commission to hold
the meeting at that time.
Mayor Fletcher asked Commissioner Borno if he would be willing to chair
a meeting to discuss alternatives for Howell Park. Commissioner F3orno
agreed to act as Chairperson, and it was determined the following people
should be included in the discussion: the City Manager, Staff, the Project
Engineer, representatives from the St. Johns River Water Management
District and interested citizens.
Mayor Fletcher suggested those interested in participating should dill City
Hall or check the marquee outside of City Hall for the date and time of this
meeting.
The following citizens also briefly spoke concerning Howell Park: ]Pete
Dowling of 113 4th Street, Alan Potter of 374 Second Street, Don ;Phillips
of 1566 Park Terrace West, Gray Whaley of 640 Palm Avenue, Shi~reen
Zsmboran of 650 Palm Avenue and Nancy White of 729 Seminole Road.
B. J.P. Marchioli of 414 Sherry Drive stated he had to move a
campaign sign in his yard from city right-of--way and requested stricter
enforcement of the speed limit on Sherry Drive.
C. Andrea Pennell of 579 Aquatic Drive reported Aquatic Gardens
Homeowners' Association had received a $5,000.00 grant from the City of
Jacksonville.
Ms. Pennell thanked the City Staff for their help. Mayor Fletcher thanked
Ms. Pennell for her work to establish the Homeowners' Association.
D. Susie Snead of 261 Beach Avenue complained of the on-ga:ng
problem of unleased pets and pet owners not cleaning up after their animals
on the beach.
Mayor Fletcher stated that there was only one animal control officer and 2.5
miles of beach to cover. In response, Public Safety Director Thompson
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -3-
,~ September 22, 1997
stated the animal control officer frequently patrols the beach.
3. Unfinished Business:
A. Discussion and related action on a request from the
Merchants' Association of Town Center to hold a festival
on October 18, 1997
City Manager Jarboe explained the Merchants Association of Town
Center wanted to hold anon-alcoholic, family oriented festival on
October 18, 1997 and was requesting City participation in the e;vent.
City Manager Jarboe recommended the City co-sponsor the festival
and pay one-third of the estimated costs or $2,000.00, with payment
coming from Convention Development Tax monies.
Motion: Co-sponsor the Town Center Merchants'
Association Festival on October 18, 1997 and approve
''"' $2,000.00 expenditure with payment coming from
Convention Development Tax monies.
There was no discussion and the motion carried unanimously.
B. Authorize execution of annual contracts with Beaches Soccer
Association, Beaches Habitat, YMCA, Atlantic Beach
Experimental Theater, and Atlantic Beach Athletic Association
First Motion: Authorize execution of annual contracts with
Beaches Soccer Association, Beaches Habitat, YMCA, At antic
Beach Experimental Theater, and Atlantic Beach Athletic
Association.
City Manager Jarboe stated an amendment was needed in the Atlantic
Beach Athletic Association contract to change the last sentence:: in
Section L, page 2 to indicate the sponsors must be approved by the
City Manager, not the City Commission.
Second Motion: Approve amendment as recommended by
,...,, the City Manager to change the last sentence in Section L,
page 2 of the Atlantic Beach Athletic Association contract
to replace ... "approved by the City Commission" with ..."
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO X X
MESERVE X
SHAUGHNESSY X X
FLETCHER X
BORNO X X
MESERVE X X
SHAUGHNESSY X
FLETCHER X
BoRNO x
MESERVE X X
SHAUGHNESSY X X
FLETCHER X
Minutes Page -4-
~,..~ September 22, 1997
approved by the City Manager".
There was no discussion and the second motion carried unanimously.
The question was called, and the first motion carried unanimously.
C. Authorize execution of Indemnification Agreement koetween
Pulte Homes and the City of Atlantic Beach, with reference
to property described as Lots 4 and 5, Block 197, Sec°tion H
Atlantic Beach.
Mayor Fletcher deferred discussion of the agreement to the City
Attorney. Referencing a revised agreement received that afternoon,
City Attorney Jensen noted the following changes: (1) Pulte ]tomes
owns both lots and wishes to eliminate any reference to the agreement
being recorded since this may scare off lenders, buyers or title
insurance companies and therefore, a potential buyer would not be
able to get a loan or title insurance on the property, and (2) Pulte
Homes would indemnify the City, but added a paragraph that t]!~e
'"~ agreement would automatically terminate in five years if no claims are
filed.
Mayor Fletcher asked City Attorney Jensen's opinion of approving the
agreement with indemnification as opposed to recording the
agreement with no time limitations.
City Attorney Jensen responded that it would depend upon the
credibility Mr. Lucas' letter stating there would not be any problems
resulting from the finished floor elevations and secondly, the
reputation and financial credibility of Pulte Home Corporation,
A brief discussion ensued with Mayor Fletcher opposing approval of
the agreement with the five year limitation. He also inquired if
indemnification would work without the limitation. City Attorney
responded indemnification is fine, but he did not like the time
limitation because it would be like having no indemnification after
five years.
Commissioner Shaughnessy stated her first job was to protect the
'"~ citizens and City with a legal document, noting a company may have a
great reputation and still go out of business.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
Minutes Page -5-
1..., September 22, 1997
Motion: Defer action and authorize City Attorney Jensen
to meet with Pulte Homes for further negotiations.
There being no further discussion, the motion carried unanimously.
4. Consent Agenda:
A. Acknowledge receipt of report from Fire Department for the
month of August
The consent agenda item was received and acknowledged as presented.
5. Action on Resolutions:
A. Resolution No. 97-31
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
APPOINTING THE CLERKS, DEPUTIES AND
INSPECTORS FOR THE CITY OF ATLANTIC BF;ACH
PRIMARY ELECTION ON OCTOBER 7, 1997 AN:D
GENERAL ELECTION ON OCTOBER 21, 1997, AND
SETTING THEIR COMPENSATION
Mayor Fletcher presented in full in writing Resolution 97-31 alld read
it by title only.
Motion: Adopt Resolution 97-31.
There was no discussion and the motion carried unanimously.
B. Resolution No. 97-32 Public Hearing
A RESOLUTION SETTING THE MILEAGE RATl4~ TO
BE LEVIED ON ALL REAL AND PERSONAL
PROPERTY WITHIN THE CORPORATE LIMITS OF
THE CITY OF ATLANTIC BEACH FOR FISCAL YEAR
1997/98
Motion: Adopt Resolution No. 97-32 setting a millage rate of
2.9221 mills for operating purposes for Fiscal Year 1997198.
Mayor Fletcher announced the proposed millage rate was 2.9221 fir fiscal
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BORNO X X
MESERVE X
SHAUGHNESSY X X
FLETCHER X
BORNO X X
MESERVE X X
SHAUGHNESSY X
FLETCHER X
BORNO X
MESERVE X X
SHAUGHNESSY X X
FLETCHER X
Minutes Page -6-
f.., September 22, 1997
year 1997/1998. He further stated that the rolled back rate for 1997/'98 was
2,7795 and the proposed millage rate was 5.13% higher than the rolled
back rate.
Mayor Fletcher then opened the public hearing and invited comments from
those present. No one spoke in favor of or in opposition to the millage rate
of 2.9221.
The public hearing was declared closed.
There was no Commission discussion, and the motion carried unanimously.
C. Resolution No. 97-33 Public Hearing
A RESOLUTION ADOPTING AN OPERATING
BUDGET FOR THE CITY OF ATLANTIC BEACH[,
FLORH)A, FOR THE FISCAL YEAR BEGINNING
OCTOBER 1,1997 AND ENDING SEPTEMBER 3D?, 1998
Motion: Adopt operating budget for fiscal year 1997/98 iin the
amount of $26,092,354.
Mayor Fletcher opened the floor for the Public Hearing.
Curtis Sanders inquired as to the percent of increase from last year's
budget. Finance Director Meuse indicated there was a 2% increase. No one
else spoke for or against the proposed budget and the public hearing was
declared closed.
There was no Commission discussion, and the motion carried unanimously.
D. Resolution No. 97-34
A RESOLUTION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, ADOPTING THE EVALUATION
AND APPRAISAL REPORT OF THE ADOPTED
COMPREHENSIVE PLAN AND AUTHORIZING IvITY
STAFF TO FORWARD THE REPORT TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
TO REVIEW
Motion: Adopt Resolution 97-34.
Commissioner Shaughnessy thanked Community Development
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
soRNO; x x
MESERVE X X
SHAUGHNESSY X
FLETCHER X
aoRNO x x
MESERVE X
SHAUGHNESSY X X
FLETCHER X
Minutes Page -7-
,~ September 22, 1997
Director Worley for his work in preparing the Evaluation and
Appraisal Report.
There was no Commission discussion and the motion carried
unanimously.
6. Action on Ordinances:
A. Ordinance No. 70-97-12 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
AMENDING CHAPTER 20, TAXATION, ARTICLE II]';
OCCUPATIONAL LICENSE TAX; SEC. 20-52.1,
INSPECTIONS, TO PROVIDE THAT THE FEE FOR T'HE
FIRE INSPECTION SHALL BE IN ACCORDANCE W [TH
SEC. 7-17; AND AMENDING SEC. 20-54, DUE DATES AND
DELINQUENCIES; PENALTIES, TO AMEND THE
PENALTY FOR OPERATING A BUSINESS WITHOUT AN
OCCUPATIONAL LICENSE; AND PROVIDING AN
~ EFFECTIVE DATE
Motion: Adopt Ordinance No. 70-97-12 on final reading..
Mayor Fletcher read the ordinance by title only and opened the floor for the
Public Hearing. No one spoke and the public hearing was declared closed.
There was no discussion and the motion carried unanimously.
B. Ordinance No. 5-97-31 Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO
AMEND CHAPTER 2, BY ADDING TO SEC. 2-19 RULE 25
WHICH LIMITS DISCUSSION TO COMMISSIONER!
ONCE A MOTION IS ON THE FLOOR AND PROVIDING
AN EFFECTIVE DATE
Motion: Withdraw Ordinance No. 5-97-31.
Commissioner Meserve stated when he introduced the ordinance, it was not
his intent to limit citizen input, but to formalize the procedure used.
Commissioner Shaughnessy supported Commissioner Meserve's
withdrawal of the ordinance.
Mayor Fletcher read the ordinance by title only and opened the floor for the
Public Hearing.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
BoRNO x x
MESERVE X X
SHAUGHNESSY X
FLETCHER X
BORNO X
MESERVE X X
SHAUGHNESSY X X
FLETCHER X
Minutes Page -8-
,.~ September 22, 1997
Stephen Kuti of 1132 Linkside Drive, Alan Potter of 374 Second Street and
Bryan Smith of 860 Bonita Road all spoke in favor of the withdrawz~l citing
concern that passage of the ordinance would have infringed on their
Constitutional right of freedom of speech.
There being no further discussion; the motion carried unanimously.
7. New Business:
A. Authorize execution of annual contract between the City and
D & A Inspection Services
Motion: Authorize execution of annual contract between. the
City and D & A Inspection Services and authorize the City
Manager to execute the contract.
There was no discussion and the motion carried unanimously.
B. Award contract to Griner's Pipeline Services, Inc., in the
!^ amount of $91,171.30 for lining sanitary sewer lines near Lift
Station A, pursuant to the specifications of Bid No. 9697-25, and
authorize the City Manager to execute contract documents
Motion: Award contract. to Griner's Pipeline Services, Inc., in
the amount of $91,171.30 for lining sanitary sewer lines near
Lift Station A, pursuant to the specifications of Bid No. 9697-25,
and authorize the City Manager to execute the contract
documents.
There was no discussion and the motion carried unanimously.
C. Award annual contract to Atlas Electric Motors, Inc., for'
electric motors and pump repairs pursuant to the specifications
of Bid No. 9697-17 (Rebid) and authorize the City Manager to
execute the contract
Motion: Award annual contract to Atlas Electric Motors, Inc.,
for electric motors and pump repairs pursuant to the
specifications of Bid No. 9697-17(Rebid) and authorize the City
Manager to execute the contract documents.
°~ City Manager Jarboe indicated the city had worked with Atlas Electric
Motors in the past and was working on a more restrictive call out pi.an.
OMMISSIONERS M
O
T
I
O
N S
E
C
O
N
D
Y
E
S
N
O
soRNO x x
MESERVE X X
SHAUGHNESSY X
FLETCHER X
EoRNO x x
MESERVE X
SHAUGHNESSY X X
FLETCHER X
BORNO X X
MESERVE X X
SHAUGHNESSY X
FLETCHER X