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09-10-01 v CITY OF ATLANTIC BEACH CITY COMMISSION MEETING • September 10, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of August 13, 2001 2. Courtesy of Floor to Visitors: 3. Unfinished Business from Previous Meeting 4. Consent Agenda: 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 RECOM-MENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS 0 A. Acknowledge receipt of monthly reports from City Departments: New Occupational Licenses, Public Safety, Public Works, Recreation Department and Sherry Drive status report (City Manager) 5. Committee Reports: 6. Action on Resolutions: A. Resolution No. 01-17 A RESOLUTION RECOGNIZING THE SERVICE OF MAE JONES ON THE CITY'S TREE CONSERVATION BOARD (Comm. Beaver) 7. Action on Ordinances: A. Ordinance No. 20-01-53 Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 8. Miscellaneous Business: A. Approve a one-year extension to the contract with Gruhn May, Inc. for annual point repairs at the current prices, as submitted under Bid No. 9900-24 (City Manager) B. Acknowledge receipt of the Annual Storm Water Report, authorize the City • Manager to sign the receipt statement, and approve submittal to the Florida Department of Environmental Protection (City Manager) *Amended Agenda—Items 8E (2) and (3) added IIPage Two AGENDA September 10, 2001 C. Cancel the contract with Metropolitan Systems, Inc. and the Jacksonville Jaycees, Inc., for failure to comply with the contract (City Manager) D. Authorize the Mayor to sign a contract for grant funds not to exceed $10,000 from the St. Johns River Water Management District (City Manager) E. Board Appointments: (1) Tree Conservation Board(2) (Mayor) *(2) Community Development Board (1)to fill unexpired term *(3) Code Enforcement Board(3) 9. City Manager Reports: 10. Reports and/or requests from City Commissioners and City Attorney Adjournment III If any person decides to appeal any decision made by the City Commission 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 are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However,the City Commission may act upon any agenda subject,regardless of how the matter is stated on the agenda. 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 7,2001. • V V O O T T MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E • CITY COMMISSION HELD IN CITY HALL,800 SEMINOLE ROAD AT S S 7:15 P.M. ON MONDAY, SEPTEMBER 10, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tern Mike Borno Theo Mitchelson Dezmond Waters, Commissioners M S AND: James Hanson, City Manager o E T C Alan C. Jensen, City Attorney I o Y Maureen King, City Clerk ONEN N D S 0 COMMISSIONERS The meeting was called to order at 7:15 p.m by Mayor Meserve. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the regular Commission meeting of 410 August 27, 2001 Commissioner Borno pointed out a scrivener's error in the motion on Page 6, Item 8C indicating that the first line of the motion was omitted. BEAVER X BORNO X X Motion: Approve the minutes of the August 27, 2001 MITCHELSON X Commission Meeting as amended. WATERS X MESERVE X The motion carried unanimously. 2. Courtesy of Floor to Visitors: J.P Marchioli of 414 Sherry Drive felt that the Camp, Dresser and McKee Water Master Plan presented at the previous meeting needed to be updated since the replacement of water lines on Sherry Drive, as recommended in the plan, was nearly completed. He also felt that no additional trash pick up was needed and the Monday schedule should remain unchanged. Alan Potter of 374 Second Street spoke in opposition to the transfer of water/sewer funds to the general fund. He felt the Commissioners • should rescind last year's 8% water/sewer rate increase, should not implement this year's 8%rate increase and should increase the tax rate to stop the transfer of these funds. M S Minutes Page -2- 0 E September 10, 2001 T C I O Y ONEN • COMMISSIONERS N D S 0 Sara Storm of 1373 Beach Avenue felt the city should notify residents prior to approval, of any permit pulled or request made which may impact their neighborhood. She suggested that a sign be placed on the property subject to the permit or that a letter be sent to citizens affected by the proposed change. Ms. Storm cited a recent incident concerning use of the Fourteenth Street beach access as an entryway for heavy equipment to a construction site, which she believed was approved by the Planning and Zoning Commission. She indicated that this beach access was one of the first landscaped in the city and the proposed use would have destroyed the landscaping, irrigation and closed the access for a lengthy period of time, negatively impacting her neighborhood. She felt the residents of the neighborhood should have been notified. City Manager Hanson indicated that the Building Official had made him aware of the situation, and at that time,the city had not given the property owner permission to use the beach access. He further indicated that the property owner had withdrawn the request. Mayor Meserve stated that it would be impossible to notify residents • every time a permit was applied for, and suggested that concerned citizens contact the City Manager's office. Gregory Carr of 574 Nautical Boulevard North inquired concerning any zoning changes relative to the parking of boats in front yards and inquired if the current regulations were being enforced. City Manager Hanson responded that the proposed change was to fifteen feet behind the property setback line. Discussion ensued and it was pointed out that there would be future workshops and an advertised public hearing before final adoption of the ordinance. Mr. Carr was informed that the current regulations were being enforced. Pat Pillmore of 995 Camelia Street expressed concern that flooding might occur in Marsh Oaks since the recent rains had caused the retention ponds to overflow during high tide. Ms. Pillmore also opposed the transfer of water/sewer funds to the general fund. 3. Unfinished Business from Previous Meeting 0 There was no unfinished business from the previous meeting. 4. Consent Agenda: M S Minutes Page -3- 0 E September 10, 2001 T C I O Y ONEN • COMMISSIONERS N D S 0 A. Acknowledge receipt of monthly reports from City Departments: New Occupational Licenses, Public Safety Public Works, Recreation Deprtment and Sherry Drive status report (City Manager) BEAVER X BORNO X X Motion: Approve Consent Agenda Item A as MITCHELSON X presented. WATERS X X MESERVE X There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 01-17 A RESOLUTION RECOGNIZING THE SERVICE OF MAE JONES ON THE CITY'S TREE CONSERVATION BOARD (Commissioner Beaver) • Commissioner Beaver read Resolution No. 01-17 recognizing Mae Jones' years of service on the Tree Conservation Board in its entirety. Commissioner Beaver thanked Mrs. Jones for giving generously of her time, talents and energy to promote tree protection and ensure the quality of life in Atlantic Beach. Mrs. Jones stated that it was a privilege to have served on the Tree Conservation Board and thanked the other Board Members and staff for their assistance and cooperation through the years. 7. Action on Ordinances: A. Ordinance No. 20-01-53: Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 BEAVER X X BORNO X X Motion: Adopt Ordinance No. 20-01-53 on first reading. MITCHELSON X WATERS X Mayor Meserve read the ordinance by title only and indicated that the MESERVE X final reading and public hearing would be September 24, 2001. • There was no discussion and the motion carried unanimously. M S Minutes Page -4- 0 E September 10, 2001 T C I O Y ONEN COMMISSIONERS N D S 0 • 8. Miscellaneous Business: A. Approve a one year extension to the contract with Gruhn May, Inc. for annual point repairs at the current prices, as submitted under Bid No. 9900-24 (City Manager) BEAVER X Motion: Approve a one year extension to the contract BORNO x X with Gruhn May, Inc. for annual point repairs at the WATERELSON X X WATERS X current prices, as submitted under Bid No. 9900-24. MESERVE X There was no discussion and the motion carried unanimously. B. Acknowledge receipt of the Annual Storm Water Report, authorize the City Manager to sign the receipt statement, and approve submittal to the Florida Department of Environmental Protection (City Manager) BEAVER X Motion: Acknowledge receipt of the Annual Storm Water BORNO X X Report, authorize the City Manager to sign the receipt MITCHELSON x statement, and approve submittal to the Florida WATERS x X MESERVE X • Department of Environmental Protection There was no discussion and the motion carried unanimously. C. Cancel the contract with Metropolitan Systems, Inc. and the Jacksonville Jaycees, Inc., for failure to comply with the contract(City Manager) BEAVER X BORNO X X Motion: Cancel the contract with Metropolitan Systems, MITCHELSON X Inc. and the Jacksonville Jaycees, Inc., for failure to WATERS X X comply with the contract. MESERVE X City Manager Hanson explained the request as written in his Staff Report dated September 4, 2001, which is attached and made part of this official record as Attachment A. It was also reported that the city would contact the Jacksonville Transportation Authority (JTA) to be placed on a waiting list to obtain glass enclosures for bus stop locations, and other benches will be replaced by the city at a cost of approximately $5,000 from state recycling grant money. • Commissioner Beaver expressed concern that someone may have entered into a contract with Metropolitan Systems, Inc. to repaint the M S Minutes Page -5- o E September 10, 2001 T C I O Y ONE N • signs on the benches and the city might bear some liability if newly COMMISSIONERS N D S 0 painted benches were removed. There was no further discussion and the motion carried unanimously. D. Authorize the Mayor to sign a contract for grant funds not to exceed $10,000 from the St. Johns River Water Management District (City Manager) BEAVER X X Motion: Authorize the Mayor to sign a contract for grant BORNO X X funds not to exceed $10,000 from the St. Johns River MITCHELSON X Water Management District. WATERS X MESERVE X Commissioner Waters inquired if a larger amount of grant money would be available from the St. Johns River Water Management District (SJRWMD) to develop a reuse program in the city. City Manager Hanson explained that city's cost for the Camp, Dresser and McKee Reuse Feasibility Study was $7,585 and the $10,000 available from the SJRWMD was in matching funds. If the city chose not to proceed to the next phase in the design process and approve an Engineering Report , the city would be reimbursed 50% • of the cost of the study or $3,792.50. Discussion ensued concerning the cost for the Engineering Report. Utility Director Kaluzniak indicated that the Engineering Report would cost approximately$30,000. It was pointed out that if the city proceeded with the engineering report, the maximum amount of reimbursement would still be $10,000. Commissioner Beaver confirmed that the city was not committing to the Engineering Report. There being no further discussion, the motion carried unanimously. E. Board Appointments: 1. Tree Conservation Board (2) 2. Community Development Board (1) to fill an unexpired term 3. Code Enforcement Board (3) Mayor Meserve indicated that he wished to appoint Maureen Shaughnessy and Carol Rockwood to the Tree Conservation Board. BEAVER X X Motion: Appoint Maureen Shaughnessy and Carol BORNO x x III Rockwood to the Tree Conservation Board. MITCHELSON X WATERS X MESERVE X M S Minutes Page -6- o E September 10, 2001 T C I O Y N illThere was no discussion and the motion carried unanimously. COMMISSIONERS N D S 0 Mayor Meserve stated that he wished to appoint Steven Jenkins to the Community Development Board. BEAVER X X Motion: Appoint Steven Jenkins to the unexpired term on BORNO X X the Community Development Board with the term MITCHELSON X expiring December 31, 2001. WATERS X p g MESERVE X There was no discussion and the motion carried unanimously. Mayor Meserve stated that there had been some discussion concerning disbanding the Recreation Advisory Board and appointing ad hoc committee members for specific projects. No appointments to the Recreation Advisory Board were made at this time. Mayor Meserve stated that he wished to reappoint Richard Mann and Carl Russell to three year terms on the Code Enforcement Board. Mayor Meserve reported that Tami Deitchman did not wish to be reappointed to the Board. A brief discussion ensued concerning a prospective appointment and it was the determined that the 110 appointment would be made pending receipt of a resume. BEAVER X BORNO X X Motion: Reappoint Richard Mann and Carl Russell to MITCHELSON X three year terms on the Code Enforcement Board. WATERS X X MESERVE X There was no further discussion and the motion carried unanimously. 9. City Manager Reports: City Manager Hanson • Commented on nationwide police department response times and reported that the Atlantic Beach Police Department compared favorably with the national times. • Announced that all Atlantic Beach and Neptune Beach city officials had been invited to attend a Boselli Foundation open house on September 18th from 3-5: 00 pm. at 500 Sawgrass Center— Suite 6. He indicated that he would verify the date with each Commissioner since he had just noticed the announcement contained conflicting information. 110 Commissioner Beaver • M S Minutes Page -7- o E ' September 10, 2001 1• C I O Y O NE N III • Reported that the city had received another check for$5,000 COMMISSIONERS N D S 0 for the Adele Grage Cultural Center renovations. Commissioner Mitchelson • Reminded the Commissioners that he would be attending the annual Florida Shore and Beach Preservation Association conference next week. Mayor Meserve • Announced that a feasibility study was being conducted concerning the building of a surfing berm offshore from Atlantic Beach and Hanna Park. There being no further discussion or business to come before the Commission, the Mayor declared the meetin , •'• ed at 8:10 p.m. •Vii 1 ._ l©II M: erve Attest: Mayo`','fesiding Officer Illi 1 kQ A Alia Am. Ma een King Certified Munici•al Cle • ATTACHMENT A SEPTEMBER 10, 2001 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Contract for Advertising on Bus Stop Benches in Atlantic Beach SUBMITTED BY: Jim Hanson, • DATE: September 4, 2001 BACKGROUND: The City Commission of Atlantic Beach in 1981 authorized entering into a contract with Metropolitan Systems Inc and the Jacksonville Jaycees to place benches with advertising at various bus stops in Atlantic Beach. The contract was originally for a five-year term with automatic renewal provisions. The benches have been in existence for approximately 20 years. Many of the benches are in a state of disrepair and do not reflect well upon the City of Atlantic Beach. Even in good repair, advertising on benches distracts from the image of the community and presents a cluttered appearance. With a recent emphasis on improving the Mayport Road Corridor and enforcement of the City's sign code, particularly with respect to dilapidated signs, it would seem appropriate to replace these benches with newer ones that do not have public advertising. To do this would require giving written notice to Metropolitan Systems Inc of the City's intent to cancel the contract. They have been made aware of the stall's intent to bring this issue to the Commission for cancellation for several months. BUDGET: It is anticipated that the cost to the City to replace these benches would be in the range of$5,000, depending on the type of bench chosen. Use of some of the state recycling grant money may be an appropriate source of funding. If not, we anticipate that this expense could be absorbed in the normal operating budget. RECOMMENDATION: That the City Commission vote to cancel the contract with Metropolitan Systems Inc. and the Jacksonville Jaycees Inc because a failure to comply with Paragraph 5 requiring that the benches be maintained in"a good and substantial state of repair,"and because they detract from the image of the ' community. ATTACHMENT: Contract between City of Atlantic Beach and Metropolitan Systems Inc • and the Jacksonville Jaycees Inc dated July 27, 1981. AGENDA ITEM#8C SEPTEMBER 10,2001 PROPOSAL WHEREAS, the CITY OF ATLANTIC BEACH, FLORIDA, hereinafter referred to as the "City," has determined that benches placed for 111/1 the covenience and accommodation of the general traveling public to provide a public service and fulfill a collateral public ' transportation need; and WHEREAS, the City is charged with a public interest and, accordingly, as a proprietary function, is desirous of having placed within its corporate limits, at transit stops and/or other points of pedestrian convenience, benches designed for the benefit of the public health and comfort in order that such benches may inure to the convenience of its citizens; and WHEREAS, METROPOLITAN SYSTEMS, INC. , a corporation, herein- after referred to as "Metro," is engaged in the buiness of manu- facturing and placing benches upon which it leases advertising rights; and WHEREAS, the JACKSONVILLE JAYCEES, INC. , hereinafter referred to as the "Club, " is desirous of sponsoring as a civic project for the benefit and accommodation of the public the placement of benches at transit stops and/or other points of pedestrian conven- ience within the corporate limits of the City and, to that end, has entered into an agreement with Metro; NOW, THEREFORE, the Club and Metro do make the following proposal to the City, whereby the said desires of the City and of the Club and of Metro can be followed: 1. Metro, its successors and assigns, shall have the right, privilege, and license, granted by the City, to, without cost to the City, place benches of a concrete and wood structure upon public space within the corporate limits of the City (as now constituted or hereafter enlarged) at various transit stops and/or otherpoints of pedestrian convenience as hereinafter permitted. 2. For and in consideration of the grant of the above right, privilege and license Metro shall, during the term of said grant and any extensions or renewals thereof, place and maintain benches within the corporate limits of the City and shall have the further right, privilege and license, granted by the City, to lease advertising space on said benches, provided that such advertising shall not be of an alcoholic beverage or of an immoral nature or be otherwise objectionable in the judgment of the City. The City, however, shall not be unreasonable in the exercise of this judgment. 3. The placement of benches as provided for herein shall be subject to review by the City so that no bench shall be per- mitted to obstruct passage along any public way or to create a hazard or otherwise be detrimental to the public safety, welfare, morals or health. 4. All benches placed within the corporate limits of the City, as provided for herein, shall be governed by the following criteria: (a) No bench shall be more than forty-three (43) inches high nor more than seventy-four (74) inches long nor more than twenty-eight ( 28) inches wide. (b) No advertising affixed thereon shall appear other than on the front or rear surface of the backrest area of the bench and shall not be greater than six (6) feet in length nor two (2) feet in height. AGENDA ITEM#8C SEPTEMBER 10,2001 • 12. Should any provision herein be for any reason found to be invalid, it is understood and agreed that such condition shall not in any wise affect any other provision. 13. And the further conditions: Metro agrees to indemnify, save and.. hold harmless the City, its officers, agents or employees, from and against all claims, damages, losses and expenses, including reason— able attorney fees, arising out of or resulting from any claim or action that may arise from bodily injury, sickness or death, or injur. to or destruction of property, caused in whole or in part by the• negligence or wrongful act or omission of Metro in the selection, construction, placement, maintenence or use of said benches. • CK50N L//LGA • _ • CLUB // Gd C/ G • /1JU (SEM Pres Hent • ATTEST: /4,,,[4,a._.,.g/i-C. Secretary I (/ METRO�PO ITA^SYSTEMS, INC. By �L U (�'' `iJI /J (SEAI President ATTEST: Secretary •. CITY • ` Beach Flori.a B Ar,41,. ird" (SEA I ATTEST aeLLie, City Clerk DATE OF ACCEPTANCE BY CITY OF Atlantic Beach, Florida v . ,11 19 A31 • July 27, 1981 I, ADELAIDE R. TUCKER, CITY CLERK OF THE CITY OF ATLANTIC BEACH, DO HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE PROPOSAL ACCEPTED BY THE CITY COMMISSION ON JULY 27, 1981. THE PROPOSAL IS BETWEEN ATLANTIC BEACH, METROPOLITAN SYSTEMS, INC. AND THE JACKSONVILLE JAYCEES. • WITNESSETH my hand an.; official seal of the City of.Atlantic Beach, Florida this the 27th day of July,A.D., 1981. Adelaide R. Tucker City Clerk • AGENDA ITEM#8C SEPTEMBER 10,2001 111/1 (c) . No bench, unless otherwise authorized, may be placed so that the angle of its long diversion in relation to the curb line shall be greater than thirty degrees (300) , and no bench, unless otherwise authorized, may be placed so that it closer than eighteen (18) inches to the face of the curb. (d) Not more than one (1) bench shall be permitted at a particular location without adequate reason shown. Should any bench fail to conform to the above criteria or should a property owner object to the presence of a bench abutting his property then the City may order the removal of such bench and, that failing, may remove same at the expense of Metro. 5. Metro shall maintain said benches in a good and substan- tial state of repair. 6. Metro shall at all times maintain public liability insurance; the insurance shall be in the minimum amount of One Hundred Thousand Dollars ($100, 000. 00) for individual injury and Three Hundred Thousand Dollars ($300, 000.00) for more than one injury resulting from one accident and Five Thousand Dollars ($5, 000. 00) for property damage. The City shall be named insured and shall be given thirty (30) days written notice prior to cancellation of such insurance. This contract shall not be in force unless and until a valid Certificate of Insurance is on file with the City. 7. The City shall reserve the right to, upon notice to Metro, order the removal of any particular bench which the City in its good judgment believes not to be located to the public 1110 benefit. Provided, however, that this right shall not he abused by the City. Should Metro fail to remove such bench then the City may remove same at the expense of Metro. 8. The program for the placement and maintenance of benches established by the acceptance of this proposal shall be sponsored by the Club, and the benches shall be referred to as the Club benches. Further, the benches shall remain the sole property of Metro and may be removed by Metro upon the expiration of the rights, privileges and license granted herein or any extensions or renewals hereof. 9. It is expressly understood and agreed that the rights, privileges and license granted to Metro by the City by the accep- tance of this proposal shall remain in force and effect for a period of five (5) years from the date of such acceptance, and so long as Metro performs as set forth in the foregoing conditions, then such rights, privileges and license shall be automatically renewed for similar periods. 10. Should Metro be found to be in default of any of the conditions herein, it shall be given notice in writing and a reasonable time to correct same. In the event that Metro should fail to correct such default within a reasonable time after receipt of notice of same the City may., at its option, terminate the rights, privileges and license created by the acceptance of this proposal. Should such termination duly occur then Metro shall be allowed an additional six (6) month period to remove its benches. 11. Notice of any deficiency or default of Metro or of the Club shall be given by the City jointly at the offices of Metro and of the Club.