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07-23-01 v
CITY OF ATLANTIC BEACH 1111 CITY COMMISSION MEETING July 23, 2001 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of July 9, 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 A. Acknowledge receipt of monthly reports from Public Safety Department (City Manager) B. Award contract in the amount of$35,800 to Beachcombers for Beach Cleaning for a 12-month period, pursuant to the specifications of Bid No. 0001-21 (City Manager) C. Award contract to RUS of Gainesville for uniform rental and cleaning for Public Works pursuant to the specifications of Bid No. 0001-22 (City Manager) 5. Committee Reports: 6. Action on Resolutions: 7. Action on Ordinances: A. Ordinance No. 33-01-10: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH, A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMNIISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE (Mayor) B. Ordinance No. 33-01-11: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PLACING ON THE BALLOT AT THE NEXT MUNICIPAL ELECTION A NON-BINDING STRAW BALLOT REGARDING THE WAY CITY COMMISSIONERS ARE • ELECTED, AND PROVIDING AN EFFECTIVE DATE (Commissioner Waters) Page Two AGENDA July 23, 2001 • 8. Miscellaneous Business: A. Quasi judicial hearing on appeal of the Building Official's interpretation of "substantial improvement" as it pertains to property at 41 Sixth Street, filed by Michael Dunlap (City Manager) B. Approve changing the City's workweek from Wednesday through Tuesday to Sunday through Saturday; authorize employees to cash in sufficient personal leave or compensatory time to make up the difference in their normal pay check; and authorize employees, so requesting, to be advanced personal leave, with the employees repaying the City at the rate of two (2) hours per pay period (City Manager) C. Approve purchase of plants for landscaping the 19th Street beach access in the amount of$5,557.00 (City Manager) D. Approve contract with Karl Grunewald to conduct building inspections(City Manager) 9. City Manager Reports: A. Skate Board Park Report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment 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,July 20,2001. V V O o T T 0 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH E E s s CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY,JULY 23, 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 1 0 Y Maureen King, City Clerk ONE N ND S O 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. 0 1. Approval of the minutes of the regular Commission meeting of July 9, 2001 BEAVER X X Motion: Approve the minutes of the July 9, 2001 Commission BORNO x x MITCHELSON X Meeting as presented. WATERS X MESERVE X The motion carried unanimously. 2. Courtesy of Floor to Visitors: Chief Thompson congratulated the City's Lifeguards for winning first place in the U.S. Life Saving Association's regional competition. Lifeguard Captain John Phillips introduced the members of the winning team and announced that the thirteen member team would represent the City in the national competition to be held in Miami, Florida, August 8 — 11, 2001. Pat Pillmore of 995 Camelia Street, felt that any change to the method of electing Commissioners should come from the citizens, not the Commissioners. J.P. Marchioli of 414 Sherry Drive indicated that it was nice to have less 0 traffic on Sherry Drive (Sherry Drive is currently being reconstructed); favored dividing the city into four voting districts; and pointed out Items 4B and 8C on the agenda, which he believed indicated disproportionate expenditures between the east and west sides of town. Minutes Page -2- o E July 23, 2001 T C I O Y SO N E N COMMISSIONERS N D S 0 Stephen Kuti of 1132 Linkside Drive opposed the use of a timer as limiting freedom of speech; expressed concern for the amount of money being spent for the beautification of the 19th Street beach access (Item 8C); indicated that he would like to beautify 11`h Street and the east side of Linkside Drive, but a source for water was needed to keep the plants alive; indicated that he favored four voting districts, but felt that Ordinance 33-01-10 was a good proposal; and felt that Ordinance 33-01- 11 was unnecessary. Bob Totter of 275 11th Street hoped the Commissioners would vote in favor of Ordinance 33-01-10. Al Rabassa of 1132 Live Oak Lane expressed concern regarding the cost of the 19th Street beach access beautification project, and the manner in which the plants were purchased by Mr. Elmore (Item 8C). Sally Clemens of 1638 Park Terrace West agreed with Mr. Rabassa concerning Item 8C and also inquired concerning the hourly rate being paid to the Contract Building Inspector(Item 8D), which was considerably more per hour than the salary advertised for the position of Deputy 0 Building Official. Mayor Meserve responded to comments made concerning Item 8C and explained that prior approval was obtained and money was budgeted for the 19th Street beach access beautification project. He indicated that private donations paid for more than one-half of the costs of the project and residents provided all of the labor. Commissioner Waters felt that the comments concerning Item 8C were unfair in their presentation. He indicated that many interested citizens were involved in the on-going process to make the city beautiful. He pointed out that the beach accesses had been improved, not just for the adjoining residents, but for the use and enjoyment of all the residents of Atlantic Beach. Commissioner Waters also pointed out that beautiful accesses were developed at Tideviews Preserve and were being developed at Dutton Island Preserve to provide intracoastal access for everyone. 3. Unfinished Business from Previous Meeting There was no unfinished business from the previous meeting. 4. Consent Agenda: 0 Commissioner Borno requested that Item 4B be removed from the consent agenda for further discussion. M S Minutes Page -3- 0 E July 23, 2001 T C I O Y 0O N E N A. Acknowledge receipt of monthly reports from Public COMMISSIONERS N D S 0 Safety Department (City Manager) C. Award contract to RUS of Gainesville for uniform rental and cleaning for Public Works pursuant to the specifications of Bid No. 0001-22 (City Manager) BEAVER X Motion: Approve Consent Agenda Items A and C as BORNO X X presented. MITCHELSON X WATERS X X There was no discussion and the motion carried unanimously. MESERVE X B. Award contract in the amount of$35,800 to Beachcombers for beach cleaning for a 12-month period, pursuant to the specifications of Bid No. 0001-21 (City Manager) BEAVER X Motion: Approve Consent Agenda Item B as presented. BORNO x X MITCHELSON X WATERS X X Commissioner Borno inquired as to the type of vehicle used to pick MESERVE X up trash on the beach and the responsibility for emptying the trash • containers. Parks and Recreation Director Johnson responded that a small all terrain vehicle (ATV)was used and Beachcombers were responsible for emptying the containers. Commissioner Borno requested that the trash containers be emptied more frequently. There being no further discussion, the motion carried unanimously. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 33-01-10: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUBMITTING TO THE ELECTORS OF ATLANTIC BEACH, A PROPOSED AMENDMENT TO THE CITY CHARTER CHANGING THE WAY THE CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE III (Mayor) BEAVER X X BORNO X Motion: Adopt Ordinance No. 33-01-10 on first reading. WATERELSON X WATERS X MESERVE X X M S Minutes Page -4- 0 E July 23, 2001 T C I O Y IIIO N E N COMMISSIONERS N D S 0 Mayor Meserve believed it was reasonable to allow the electorate to decide whether or not the way Commissioners are elected should be changed. He pointed out that passage of the ordinance would not make the change, but would submit the question to the electorate. Commissioner Borno opposed passage of the ordinance and reiterated his position that voting districts were not necessary. Commissioner Mitchelson felt the current system of electing Commissioners was the best for the city. He felt no restrictions should be placed on potential candidates, and pointed out that historically, candidates had come from all precincts. Commissioner Mitchelson believed implementation of voting districts would increase the incidence of uncontested seats, and provided statistics from past elections to support his position. There being no further discussion, the motion failed by a two to three roll call vote with Commissioner Beaver and Mayor Meserve voting aye and Commissioners Borno, Mitchelson and Waters voting nay. 4111 B. Ordinance No. 33-01-11: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PLACING ON THE BALLOT AT THE NEXT MUNICIPAL ELECTION A NON-BINDING STRAW BALLOT REGARDING THE WAY CITY COMMISSIONERS ARE ELECTED, AND PROVIDING AN EFFECTIVE DATE (Commissioner Waters) BEAVER X BORNO X X Motion: Adopt Ordinance No. 33-01-11 on first reading. MITCHELSON x WATERS X X MESERVE X Commissioner Waters believed that passage of the ordinance would give those citizens who felt the city needed to change the way Commissioners were elected an opportunity to voice their opinion. Following a brief discussion, the motion failed with all Commissioners and the Mayor voting against the motion. 8. Miscellaneous Business: A. Quasi Judicial Hearing on appeal of the Building Official's interpretation of"substantial improvement" as it pertains to property at 41 Sixth Street, filed by Michael Dunlap (City Manager) 0 City Manager Hanson reported that this item had been resolved and Item 8A was removed from the agenda. Minutes Page -5- o E July 23, 2001 T C I • O Y III O N E N COMMISSIONERS N D S 0 B. Approve changing the City's workweek from Wednesday through Tuesday to Sunday through Saturday; authorize employees to cash in sufficient personal leave or compensatory time to make up the difference in their normal pay check; and authorize employees, so requesting, to be advanced personal leave, with the employees repaying the City at the rate of two (2) hours per pay period (City Manager) Motion: Approve changing the City's workweek from BEAVER X Wednesday through Tuesday to Sunday through BORNO X X Saturday; authorize employees to cash in sufficient MITCHELSON X X personal leave or compensatory time to make up the WATERS X MESERVE X difference in their normal pay check; and authorize employees, so requesting, to be advanced personal leave, with the employees repaying the City at the rate of two (2) hours per pay period. Commissioner Borno confirmed that the change was necessary to implement direct deposit banking services for city employees. • There was no discussion and the motion carried unanimously. C. Approve purchase of plants for landscaping the 19th Street beach access in the amount of$5,557.00 (City Manager) BEAVER X BORNO X X Motion: Approve purchase of plants for landscaping the MITCHELSON X 19th Street beach access in the amount of$5,557.00. WATERS X X MESERVE X City Manager Hanson explained that the city's policy concerning beach access beautification provided up to $2,500 in matching funds for each project, and that the 19th Street Beach Access Committee had raised more than $2,500 for this project. He further explained that the only issue was that planting materials were ordered by a committee member without following proper purchasing procedures. Discussion ensued and Commissioner Waters inquired if projects other than beach access could receive matching funds from the city. City Manager Hanson indicated that the end of Selva Marina Drive project and the Oceanwalk entrance project had been approved to receive matching funds under similar guidelines. Commissioner Mitchelson confirmed that the city would contribute 0 $2,500 toward the project. City Manager Hanson indicated that the city would fund $2,500, and had waived the tap-in fee for the irrigation water meter. M S Minutes Page -6- 0 E July 23, 2001 T C I 0 Y ONEN0 Commissioner Beaver felt there was some confusion and requested COMMISSIONERS N D S 0 further clarification of the amount the city was actually spending. It was explained that the city would write a check in the amount of $5,557, which included $2,500 from the city and the remainder from funds deposited with the city by the 19th Street Beach Access Committee. There being no further discussion, the motion carried unanimously. D. Approve contract with Karl Grunewald to conduct building inspections (City Manager) BEAVER X BORNO X X Motion: Approve contract with Karl Grunewald to MITCHELSON X X conduct building inspections. WATERS X MESERVE X City Manager Hanson explained that the contract inspector received no benefits, used his own vehicle and received no mileage. He further stated that the city was looking for a fulltime Deputy Building Official, and while that person would be paid less they would receive benefits. 0 There being no further discussion, the motion carried unanimously. 9. City Manager Reports: A. Skate Board Park Report Parks and Recreation Director Johnson provided statistical data concerning the following Skate Parks he visited: Satellite Beach, Ormond Beach and St. Johns County. His report is attached and made part of this official record as Attachment A. A question and answer session followed the presentation. Commissioner Beaver requested that Parks and Recreation Director Johnson check with Satellite Beach for further information concerning the length of time the fee has been charged for use of its park and the fee's impact on usage of the facility. Commissioner Mitchelson requested additional information on contracting with a private vendor to provide concessions and monitor the park, parental waivers, and liability. City Manager Hanson • Reported that the proposals had been received concerning the 0 Community Center Study. He indicated that the study included consideration of the effect a Skate Park would have as part the M S Minutes Page -7- o E July 23, 2001 T C I O Y • Community Center. He felt the recommendation to hire a COMMISSIONERS N D S 0 consultant would be presented at the next Commission Meeting ONE N • Reported that the budget would be submitted to the Commissioners for their review around August 1st. Budget Workshops would be scheduled after the August 13th Commission Meeting. • Reported that a recent article in the Beaches Leader contained misinformation concerning street paving in the Marsh Oaks area and deferred to Public Works Director Kosoy for an explanation of the actual work performed in Marsh Oaks. Public Works Director Kosoy indicated that all of the local option gas tax money received between 1989 and 1995 was spent to pave every street and install waterlines in Section H (now called Marsh Oaks). The street ends left unpaved were done so at the request of the residents. In addition to Marsh Oaks improvements, Public Works Director Kosoy provided a list of other street improvements west of Mayport Road which included the reconstruction of Main Street north of Levy Road in 1991 and paving of Levy Road in 1999. Public Works Director Kosoy stated that implementation of the city's Pavement Management System software would set up a paving schedule for the entire city. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno • Requested that consideration be given to provide monetary support to send the lifeguards to the national competition in Miami. BEAVER X X Motion: Authorize the expenditure of$1,000 to send the BORNO X X lifeguards to the national competition to be held Miami MITCHELSON X August 8— 11, 2001. WATERS X MESERVE X Following brief discussion the motion carried unanimously. • Reported on the medical condition of former Commissioner Bob Cook who suffers from diabetes, and requested that he be kept in everyone's prayers. M S Minutes Page -8- 0 E July 23, 2001 T C I O Y 0Commissioner Mitchelson ONE N COMMISSIONERS N D S 0 • Requested that the seven to nine large trees on Seminole Road, which appeared to be dead, be replaced by the contractor as they were still under warranty. Commissioner Waters • Requested that the community support diabetes research. • Referenced a letter the Commissioners received offering to sell Lot 345 in the core city area to the city and inquired if the lot would be of any use to the city. City Manager Hanson indicated that he would report back to the Commission as soon as the city finishes its analysis of the offer. • Reported that he would be out of town until August 1, 2001. 40 Commissioner Mitchelson • Inquired concerning the status of the BellSouth Maintenance Agreement negotiations. City Manager Hanson reported he would be meeting with representatives from BellSouth later in the week. Mayor Meserve stated that he would contact Michael Stewart of BellSouth in an effort to speed up the negotiations. Commissioner Waters inquired concerning the use of a curved bottom baffle box. City Manager Hanson indicated that the engineers for the project felt the land on Sherry Drive was too flat for a curved bottom baffle box to work effectively without maintenance. City Manager Hanson and Public Works Director Kosoy will further discuss the design of the baffle boxes, since they may be able to be modified to improve water velocity, but will still have to be cleaned more often than BellSouth feels necessary. Mayor Meserve • Reported that he had received a letter from residents living adjacent to the property on West Plaza recently purchased 0 for a soccer park, requesting that the city maintain a privacy fence and buffer area between their property and the park. M Minutes Page -9- 0 E July 23, 2001 T C I O Y • Mayor Meserve stated that he would meet with the group in COMMISSIONERS N D S 0 the near future to address their concerns. ONEN There being no further discussion or business to come before the Commission, the Mayor declared the meeting adjou ed at 8:45 p.m. ,,jok es: e Mayo /P sidin: Officer Attest: -A Mau een King Certified Municipal l - ATTACHMENT A JULY 23, 2001 COMMISSION MEETING AGENDA ITEM 9A July 23, 2001 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA: Skate Park Statistical Data Report SUBMITTED BY: Timmy Johnson, Recreation Director DATE: July 16, 2001 BACKGROUND: Staff visited three Skate Parks to gather information on how other City facilities are set up. • RECOMMENDATION: None ATTACHMENTS: Report and Pictures REVIEWED BY CITY MANAGER: • • • Skate Park Statistical Data Report Is the facility staffed- Yes (5 people) No (Check once a week) Yes Size of facility- 14.000 12.000 16.000 Cost of facility- $200.000 $130.000 $230,000 plus land Type of facility- concrete concrete concrete (concrete or skatelite) Have there been many Yes, nothing serious, few Yes, nothing life threatening injuries? Parking- Included in cost of facility ' Existing Existing Grants Received- Yes, FRDAP, skate parks are No Shared coswith project skate ranked low on priority list $100.000 Year Built- 1998 1999 2001 Fee Charged- Yes $3.00 No No Usage- Hi, but has decreased. Hi Hi, expects it to decrease Maintenance- Low Low Low Satellite Beach- * Park Hours are 4-9 weekdays; 10'10 Sat. 12-10 Sunday. *There is currently a problem with peopte hanging out in the parking lot. * The facility is not user friendly to beginners * Staff is part-time temp. Ormond Beach- * It's a nice facility and it keeps the kids off the streets. * Recommend staying with 3 M. ramps, the maintenance is low, but there is a p[obksnnvi(h litter and bicycles. St. Augustine— * The facility is currently staffed until the so called "rush" is over, The County plans on contracting with a vendor to provide concessions. tri * Concrete is not as noisy as the skatelite material. 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