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04-11-05 vMINUTES r REGULAR CITY COMMISSION MEETING APRIL 11, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Parsons, was followed by the Pledge of Allegiance to the Flag. The Mayor welcomed back Commissioner Beaver with a clean bill of health and also offered thoughts and prayers for the health of Commissioner Beaver's wife. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of March 28, 2005 Motion: Approve the Minutes of the Regular Meeting of March 28, 2005 as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor welcomed a scout from Troop 37 who was pursuing his merit badge in Citizenship in the Community and was on his way to becoming an eagle scout. The Mayor noted that the scout was attending the meeting in order to observe the American system of government in action. Stephen Kuti, 1132 Linkside Drive, addressed the Mayor and Commissioners regarding information he had researched on water purification. Mr. Kuti noted that in January 2005 he had initially provided the Commission with information on the use of ultraviolet light to purify water. He stated that he was later informed by the City's staff that this method was not allowed by the EPA. Since then, he has learned that an April 11, 2005 REGULAR COMMISSION MEETING Page 2 area in Georgia, also in the same EPA Region as Atlantic Beach, uses the UV technology. Mr. Kuti informed the Commission that he contacted the EPA regional and national administrators and asked if the ultraviolet method is acceptable for disinfecting drinking water. He stated that their responses indicated that the DEP recognized and allowed this method. Mr. Kuti said that the draft recommendations for the design and operation of the UV method are available on-line and that the EPA will finalize their criteria and guidelines later this year. Mr. Kuti noted that each state can currently regulate use of the UV method as they deem appropriate. He submitted his report to the City Commission. J.P. Marchioli, 414 Sherry Drive, expressed his concerns regarding reckless driving and speeding traffic on Sherry Drive. He believed that the crosswalk sign at the intersection is not effective and that cars do not stop to allow people to cross the street. Mr. Marchioli discussed his previous suggestion to place the agenda packet in the chambers the night of Commission Meetings. He noted that not everyone has access to a computer for reviewing the agenda on-line. Mr. Marchioli asked for a seat and table to be placed in the lobby of City Hall specifically for citizens to sit and read the agenda without distraction. He noted that he made this suggestion a year ago and believed it would be a benefit for the community. He briefly discussed the width of the sidewalk on Seminole Road. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report The City Manager had no follow up reports. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report, and Report of New Occupational Licenses issued in March (City Manager) B. Approve extending the contract for Electrical Motor and Pump Repairs (Bid No. 0304-13) for one additional year to Industrial Equipment Services, Inc. at the current contract prices and authorize the City Manager to sign the contract (City Manager) Motion: To approve Consent Agenda as presented. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED April 11. 2005 REGULAR COMMISSION MEETING Paee 3 Committee Reports 5. Committee Reports Action on Resolutions 6. Action on Resolutions A. Resolution OS-04 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA CREATING A BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR PURPOSE, MEMBERSHIP AND RESPONSIBILITIES OF SAID COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE Mayor Meserve read the resolution by its title. He explained that the resolution formalized the Commission's decision to have a Board Member Review Committee, which would consist of a Commissioner, the City Manager, the City Clerk and the Committee Chair of the committee being reviewed. Motion: To approve Resolution OS-04. Commissioner Simmons expressed support for the Resolution and asked that the Commission's next agenda include an item to decide which of the Commissioners would be appointed to the Committee. The Mayor explained that the Commission had already voted in Commissioner Simmons and she had agreed to serve. The Mayor noted that he intended to attend the meetings as well. He stated that the meetings would be held on the third Thursdays of the month at 5:00 p.m. and that an agenda with the applications would be distributed in advance of each meeting. Commissioner Simmons noted that if anyone was unable to attend the meetings, they could still provide comments to the committee members by other means. She stressed that it is not a closed committee and the meetings are open to the public. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Resolution 05-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING A REVISED SEPTIC TANK CONVERSION ASSISTANCE POLICY, AND PROVIDING AN EFFECTIVE DATE April 11. 2005 REGULAR COMMISSION MEETING Paee 4 Mayor Meserve read the resolution by title. He explained that the revisions had already been discussed at previous meetings and that the resolution makes the changes legal and official. After examining some of the wording in the resolution, Commissioner Waters stated he had no problem with the resolution. The City Manager noted that there have been no additional changes made to any of the items as previously discussed by the Commission. Mayor Meserve questioned the maximum loan amount as set at $7,000. He expressed concerns that the cost of some of the conversions that involve high tap-in fees could exceed the maximum loan amount. The Mayor asked what the highest figure has been so far. Donna Kaluzniak, Director of Public Utilities, responded that the highest total cost she has seen is $10,000, but that the maximum amount could possibly be even higher. Mayor Meserve asked if the Commission would find it reasonable to increase the maximum loan amount in order to assist people with unusual cases. He asked the City Attorney if the change could be made by a motion to slightly amend the resolution. City Attorney Alan Jensen confirmed that increasing the maximum loan amount from $7,000 to $10,000 was not a substantial change. Discussion ensued as to the appropriate language for amending the resolution. Motion: To amend the language in Resolution OS-OS to include that if there are extenuating circumstances beyond control of the homeowner, the City Manager is authorized to increase the total amount of the loan, not to exceed $15,000. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Motion: To approve Resolution OS-OS as amended. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-OS-186, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING Auril 11, 2005 REGULAR COMMISSION MEETING Page 5 CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, AS FIRST ADOPTED BY ORDINANCE NUMBER 90-O1-172, INCLUDING AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY ADOPTED TO AMEND DIVISION 7, SUPPLEMENTARY REGULATIONS, SECTION 24-151, ACCESSORY USES AND STRUCTURES , PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. He explained that this ordinance primarily addresses the issues of skate ramp construction on residential lots. Motion: To approve Ordinance No. 90-OS-186 on final reading The Mayor opened the floor for a public hearing on the item. There were rio public comments. Mayor Meserve closed the public hearing and brought the item before the Commission for discussion. There was no discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve '` Nay: 0 MOTION CARRIED B. Ordinance No. 95-OS-89, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING ORDINANCE NO. 95-03-82, CHAPTER 5, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, AMENDING SECTION 5-32, ADJUSTMENT FOR BUILDING USE FEES AND SMALL FIRES ON THE BEACH AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: To approve Ordinance No. 95-OS-89 on final reading The Mayor opened the floor for a public hearing on the item. He explained that the ordinance discusses fees and primarily reduces them in order to make it easier to use public facilities in Atlantic Beach. There were no public comments. Mayor Meserve closed the public hearing and brought the item before the Commission for discussion. There was no discussion. April 11, 2005 REGULAR COMMISSION MEETING Page 6 Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 58-OS-30, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 2 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION III GENERAL EMPLOYEE RETIREMENT SYSTEM, SECTION 2-281 AMOUNT OF LEVEL STRAIGHT LIFE PENSION; TO REDUCE THE BENEFIT MULTIPLIER FOR NEW HIRES; AMENDING SECTION 2-298 BENEFIT GROUP GENERAL, RAISING THE EMPLOYEE CONTRIBUTION PERCENTAGE; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: To approve Ordinance No. 58-05-30 on final reading The Mayor explained how the ordinance slightly changes the City's retirement system. The Mayor opened the floor for a public hearing on the item. There were no public comments. Mayor Meserve closed the public hearing and brought the item before the Commission for discussion. Commissioner Waters asked for clarification on the note referenced in the ordinance. Nelson Van Liere, Director of Finance, responded that the note was listed on the second page under Section 3. There was no further discussion. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Approve list of items to be declared surplus (City Manager) City Manager Hanson commented that the City requires Commission approval prior to getting rid of City materials. He reviewed the list of surplus items to be auctioned. Motion: To approve list of items declared as surplus. April 11.2005 REGULAR COMMISSION MEETING Page 7 Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report In addition to the items in his written report, which is attached and made part of this official record as Attachment A, City Manager Hanson also reported on the following items. Freedom Shrine City Manager Hanson explained that the Freedom Shrine is an exhibit developed by the National Exchange Club and focuses on Americanism. He described the Freedom Shrine as a project placed in public buildings and consisting of historical documents that shaped the character of our country. City Manager Hanson informed the Commission that the Jacksonville Beach Exchange Club is looking for a location to place this year's Freedom Shrine and asked if Atlantic Beach City Hall would be a good place. He noted that the display could be spread among the four walls in City Hall and referred the Commissioners to pictures and descriptions he had distributed to them. City Manager Hanson asked the Commissioners if they had any objections to having the Freedom Shrine placed in City Hall. He listed a number of other beach locations where the Freedom Shrine has been on exhibit. Commissioner Simmons asked how long the documents stay up. The City Manager replied that they remain as long as the City leaves them in place. Commissioner Simmons expressed concern with the number of documents being on permanent display without being able to trade out with other items relative to events with the City. She requested time to consider the issue. Commissioner Beaver suggested that the Adele Grage Community Center was designed for these types of displays and would be a good location for the exhibit. He also expressed concern with the length of time for the exhibit and asked if there is a minimum and maximum time frame for displaying the items. City Manager Hanson responded that the items are a gift for the City to keep permanently. Commissioner Beaver inquired the time frame for making a decision. The City Manager replied that the Exchange Club usually tries to display the exhibit in May. Commissioner Beaver expressed he would like to take the time for consideration and discussion of the issue. April 11, 2005 REGULAR COMMISSION MEETING Page 8 Commissioner Waters suggested everyone look at the exhibit hanging in Sandalwood High School. He mentioned that the documents are written in old script and, therefore are not very accessible for people to read in modern language. He also believed that the exhibit may be a bit large and that the City would not have the space for it. Commissioner Parsons strongly supported the idea of the exhibit and recommended placing the items all over the City, rather than in one location. He spoke favorably of the issue and suggested rotating the displays around in different City locations. Mayor Meserve commented that he would like to give more consideration to the size of the exhibit and inquired if the documents could be given to a local school after being on display. He asked the City Manager to research the issue further and determine what options would be appropriate. Further discussion ensued regarding the current exhibit at Sandalwood High School. The Mayor requested that the item be brought back on the agenda for the next Commission meeting in two weeks. Dancing in the Streets The City Manager noted that the event is scheduled for Saturday, May 14`h, 11:00 a.m. - 9:30 p.m. in Town Center. He stated that the arrangements are the same as last year and that both Atlantic Beach and Neptune Beach cooperate to put on the event. He commented that there have been no problems in past. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Apologized for missing the Strategic Planning meetings.. Stated that he will meet with the City Manager the next day in order to review the information from the meetings. • Thanked the Commission for thinking of his wife. Commissioner Simmons • Inquired if it was necessary to include the attachments from previous meeting minutes in the agenda packets. Commented that removing them would prevent having a cumbersome and thick packet and would save costs on copying. April 11.2005 REGULAR COMMISSION MEETING Page 9 • Commented on the windy weather at the beach this past weekend and the occurrence of two near-drownings at the Third Street beach access. She asked for discussion of ideas to warn and protect people who are naive about beach conditions. • Discussed the cost of debris clean-up after hurricanes and asked if tree damage weighs more than other debris. She inquired if there is a method to identify the type of debris in the City. City Manager responded that the debris has been identified and it is mainly composed of vegetation, such as leaves and twigs. • Commented on the beauty of Howell Park in the springtime. Commissioner Parsons • Asked for any information on the status of JEA studies. City Manager Hanson and Donna Kaluzniak, Director of Public Utilites, both responded and provided information on recent repairs and replacement work done by JEA. Commissioner Parsons inquired if JEA was required to provide a list of the work they do in the City. Ms. Kaluzniak did not believe that JEA was required to provide a list, but noted that anytime the company does work in the City's right-of--way they have to get a permit and let the City review the plans for the work. The City Manager noted that he had a list of approximately 30-40 places where JEA performed some overhead repairs and replaced insulators a couple months ago. • Inquired on the status of the revisions to the Tree Board Ordinance. • Suggested that the Commission send a letter to Sandy Stranahan, thanking her for her donation of the manatee. He spoke highly of Ms. Stranahan's generosity and noted that she refused to accept any money that was raised as compensation for her gift. Commissioner Parsons stated that Ms. Stranahan would like to see the money raised be used for lighting the sea cow. • Discussed Jacksonville Beach's new plan for fining owners who do not properly dispose of their pet's waste. Supported the City's current ordinance dealing with the same issue. Commissioner Waters • Asked for clarification on the JEA problems underground. City Manager Hanson and Mayor Meserve provided information on the various projects. Commissioner Waters was pleased to hear that deteriorated insulators were being replaced. • Inquired about the new building construction at Public Works. Donna Kaluzniak, Director of Public Works, responded that an equipment storage shed is being built there. • Stated that he heard of a murder on Ahearn Street. City Manager Hanson reported that City Police found a body that morning on April 11, 2005 REGULAR COMMISSION MEETING Page 10 Ahern Street, but it was currently believed that the death was the result of natural causes. • Discussed a letter received from State Senator Dockery, asking the Commission to write a letter supporting legislation regarding the protection of North Florida's water supply. Donna Kaluzniak stated that she is in the process of contacting the Environmental Manager at the League of Cities regarding the issue. She noted that she intends to conduct a thorough review of the bill before making any staff recommendations. • Reported that the Northeast Florida League of Cities meeting is on Apri121st at the Orange Park Kennel Club. Mayor Meserve • Advised the Commission to carefully follow any current and future issues regarding water source and usage in Florida. • Commented on a ceremony he attended Sunday afternoon in Jacksonville Beach that dedicated a plaque in honor of a ship sunk by torpedo in 1942. He noted that it was a nice event recognizing the Merchant Marines and he spoke on the history of the Merchant Marines. • J.P. Marchioli, 414 Sherry Drive, suggested that the Mayor invite any one-time visitors at the meetings to introduce themselves, if they so desired. The Mayor responded he would be happy to do so. Adjournment There being no further discus adjourned at 8:12 p.m. ATTEST: Donna L. Bussey City Clerk declared the meeting MayorlPresiding Officer ATTACHMENT A APRIL 11, 2005 COMMISSION MEETING ~.,, Apri14, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hanso C' SUBJECT: City Manage s Report Purchase of Replacement Tiles for Drvin~ Beds at Wastewater Plant #1; The city's present budget includes $31,000 for replacement tiles for the drying beds at the Atlantic Beach wastewater treatment plant. These tiles are proprietary items available only from a sole source vendor. The purchase requisition in the amount of $28,800 has been issued to MTS Environmental for the filter media tiles. No commission action is needed as this purchase falls under the sole source exclusion from the purchasing regulations. Section 2-336 "Exemptions" reads as follows "the formal bid procedure as defined in this division is not required in the following cases...(2) when the goods or services to be procured or procurable from only one source, such as contracts for telephone service, electrical energy, or other public utility services; books, pamphlets, periodicals, specifically designed business and reseazch equipment and related supplies." FEMA Reimbursement for Hurricane Related Expenses; Many cities have experienced delays in receiving reimbursement from FEMA for hurricane related expenses and the amount of paperwork needed to get the reimbursement has been substantial. Atlantic Beach has been more aggressive than many cities in completing and submitting the paperwork and getting reimbursements, although some differences with FEMA aze continuing. The total expenses incurred by Atlantic Beach for Hurricanes Chazley, Francis and Jeanne in 2004 total $254,654.32. Most of the costs were for debris removal. FEMA has initially determined that it would only reimburse Atlantic Beach for $191,522.54. So far, the city has received $120,899.70. The major outstanding dispute with FEMA is over the reimbursement for debris removal. Atlantic Beach used the same basis for payment and cost per cubic yazd as the City of Jacksonville and Clay County. Immediately after Hurricane Francis, city staff contacted FEMA and the State Emergency Management Agency and was referred to our county government for advise on payment for debris removal. Most of the hurricane debris in Atlantic Beach was removed within the next couple of weeks. Months later, FEMA informed us of a rule of thumb for weight of 250 pounds per cubic yard of debris that is considerably more than either Atlantic Beach or Jacksonville waste haulers were able to obtain. Jacksonville's internal measurements documented a volume to weight ratio of 145 lbs per cubic yard and Atlantic Beach's calculations based upon landfill weights equal 152 lbs per cubic yard. The difference is about $78,600. An appeal has been submitted to FEMA on this issue. ~.