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Draft Min 6-14-04 ~!* MINUTES REGULAR CITY COMMISSION MEETING JUNE 14, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Beaver City Clerk Maureen King 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 pm. The Invocation given by Mayor Meserve was followed by The Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of May 24, 2004 Motion: Approve Minutes of the Regular Meeting of May 24, 2004 as presented. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors There were no comments from the floor at this time. 3. Unfinished Business from Previous Meeting A. Report Relative to Intersection of First Street and East Coast Drive Chief Thompson reported that at the last meeting residents had expressed ,~„ concern that the wall constructed at the northwest corner of the intersection of ls` Street and East Coast Drive obstructed their view so they could not safely enter the intersection. Chief Thompson displayed photographs ,,~,~ showing the visibility from all directions at the intersection and stated the Police Department evaluation of the intersection revealed that the visibility '""' June 14, 2004 REGULAR COMMISSION MEETING Pale 2 from a smaller car was so limited at night that it posed a safety hazard. ~"" Chief Thompson stated that to reduce the hazard, two additional stop signs were installed on East Coast Drive, making the intersection a four way stop. ~" Chief Thompson indicated that the new wall, which was properly permitted and constructed on the northwest corner, mirrored the visibility problems caused by an existing wall on the southeast corner. It was pointed out that ~"' parking adjacent to the new wall further limited visibility. A copy of Chief Thompson's report is attached and made part of this official record as Attachment A. Commissioner Parsons stated that he favored removing the stop signs on East Coast Drive and lowering or removing the new wall. He indicated that "~ the pre-existing wall had been there more than ten years and presented no problem. Commissioner Simmons believed that even if the new wall was modified or removed, parking at the corner would cause a visibility problem. She ~ suggested that all intersections be evaluated to keep ahead of similar situations in the future. ~„ Commissioner Beaver believed that decisions regarding the placement of stop signs should be made by the Commission. Chief Thompson stated that signs placed on East Coast Drive were placed there temporarily due to the „~, visibility hazard at the intersection and the Commission should decide whether the stop signs should remain permanently. Commissioner Beaver believed that if the stop signs were permanently installed at the intersection, ~,. requests would be made for additional stop signs all over the city. City Attorney Jensen advised that the intersection was deemed dangerous ~• by the Police Department, partly due to the wall that was permitted by the city. He believed the city should take precautions to protect pedestrians, bicyclists, and skateboarders using the sidewalk as well as vehicles. He +~ believed there would potentially be some liability on the city's part if the city ignored the situation. Harvey Warnock, owner of the property where the new wall was constructed, stated he did not want to remove or modify the wall. He explained that that the wall was properly permitted and constructed with !"'"' quality materials and steel reinforcement in accordance with the city code. Mr. Warnock favored keeping the intersection a four way stop. '"' Discussion of options for improved safety at the intersection ensued and Mayor Meserve requested staff to bring options to increase safety at the intersection along with their related costs and legal ramifications back to the ~. e. June 14, 2004 REGULAR COMMISSION MEETING Paee 3 City Commission for further consideration at the next meeting. The City Commission concurred. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of monthly reports from Building, Public Works and Utilities, and Public Safety Departments (April), and reports of new Occupational Licenses and Utility Sales (City Manager) B. Extend contact with Nature's Way Natural Pest Control for one year for mosquito control at the prices as bid in Bid No. 0203-19 (City Manager) C. Authorize the Mayor to sign the Application for Revenue Sharing for 2004-2005 (City Manager) D. Acknowledge receipt of 2003 Water Quality Reports (City Manager) E. Award a contract to Cintas Corporation for uniform rental and cleaning for one year beginning August 1, 2004, pursuant to the specifications of Bid No. 0304-17 Motion: Approve Consent Agenda Items A through E as presented. Moved by Waters, seconded by Parsons Votes: ,~. Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Tree Conservation Board Report Maureen Shaughnessy, Chair of the Tree Conservation Board, updated the Commissioners on the activities of the Board since January 1, 2004. Ms. Shaughnessy reported that the Board had revised the tree removal application form to make it more "user friendly," and they were working on a draft ordinance to protect the tree canopy of the city. She indicated that 123 tree inspections had been made and $8,725 in mitigation fees assessed. Ms. Shaughnessy indicated that four applicants had failed to pay their mitigation fees and the cases maybe turned over to Code Enforcement for collection. Commissioner Simmons inquired if the current ordinance would be updated to increase mitigation requirements. Ms. Shaughnessy indicated that they were working in that area, and the current fee was $117 per inch. June 14, 2004 REGULAR COMMISSION MEETING Page 4 Commissioner Waters inquired if funding was available if a group of citizens wished to plant an allee of trees along a particular block. City Manager Hanson responded that the city would consider the request, but pointed out that funding could not collectively exceed $2,000 annually for private property projects. He indicated there would be no cost if the trees were planted on city right-of--way under the Adopt a Tree Program. Commissioner Waters stated he would like to see protection of specimen trees. Resolutions 6. Action on Resolutions: None. Ordinances 7. Action on Ordinances A. Ordinance No. 20-04-64 Public Hearing & Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET OF THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL ~ YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004 Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 20-04-64 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 25-04-36 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8, FLOOD HAZARD AREAS, ~"' TO COMPLY WITH REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND THE COMMUNITY RATING SYSTEM; PROVIDING AN EFFECTIVE DATE '""' THEREOF . Mayor 1Vleserve read the ordinance by title only. ""' June 14, 2004 REGULAR COMMISSION MEETING Paee 5 Motion: Approve Ordinance No. 25-04-36 on final reading. Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. There was no discussion. ~'"' Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~"" Nay: 0 MOTION CARRIED ~ C. Ordinance No. 95-04-87 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13, OFFENSES BY CREATING A NEW SECTION 13-13 "REGULATION OF FIREWORKS"; SETTING FORTH REGULATIONS FOR THE POSSESSION OF ~ FIREWORKS; PROVIDING PENALTIES; PROVIDING FOR CONFLICTING ORDINANACES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 95-04-87 on final reading. Mayor Meserve opened the floor for a public hearing. Dan Foglton of 333 4`h Street spoke in opposition to the ordinance. Mr. Foglton believed that a few complaining citizens should not be allowed to take the privilege of possessing and using personal fireworks away from the majority. He believed parents should educate their children in the safe handling of fireworks and families should be allowed to celebrate the 4`h of July. He felt that the citizens of Atlantic Beach should have been allowed to vote on the ordinance. Mayor Meserve explained that most fireworks were already illegal under state law, and that Jacksonville Beach and Neptune Beach passed or were in the process of passing similar laws to regulate fireworks. He indicated that shooting off exploding fireworks and rockets from the beach had grown over the years and presented safety and visibility issues for those trying to watch the Jacksonville Beach fireworks display. It was also pointed out that the plastic residue left from the exploded fireworks littered the beach and required extra cleanup. The Mayor stated that the ordinance would not completely ban fireworks, but would provide the Public Safety Department a mechanism to regulate their use. 0 ~ June 14, 2004 REGULAR COMMISSION MEETING Page 6 """ Commissioner Parsons agreed with the Mayor. Commissioner Beaver believed passage of the ordinance was more of a safety issue and he hoped the citizens of Atlantic Beach would be able to go to the beach and enjoy ''~" future Jacksonville Beach and Mayport fireworks displays. Moved by Parsons, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 95-04-88 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12, NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only. Motion: Approve Ordinance No. 95-04-88 on first reading. Commissioner Simmons requested that the code contain language that would prevent the cleaning of fish on the beach. She believed that it was addressed under Chapter 5, Beaches and Parks, Sec. 5-4 Littering, but the language should be more specific. Mayor Meserve expressed concern for cutting buffers within twenty feet of any occupied residential property and indicated that in some cases adjoining residential property owners desired the undeveloped property left in its natural vegetative state. Code Enforcement Officer Sherrer responded that the addition of item twelve provided a means to enforce lot mowing if a complaint was received. Moved by Parsons, seconded by Waters Votes: !~"' Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. .Ordinance No. 90-04-185 Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY '"" OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO. 90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING ALL "" AMENDMENTS THERETO, TO ADD NEW SECTION 24-172, June 14, 2004 REGULAR COMMISSION MEETING Pale 7 BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 90-04-185 on first reading. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED _ Miscellaneous Business 8. Miscellaneous Business Authorize Builders A. Authorize Builders Care to perform CDBG funded housing ~„ Care to Perform CDBG rehabilitation services pursuant to the City's 2003-2004 CDBG Funded Work Contract (City Manager) ,,,, Motion: Authorize Builders Care to perform CDBG funded housing rehabilitation services pursuant to the City's 2003-2004 CDBG Contract. There was no discussion. Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Appointments to Two B. .Appointments to fill vacancies on two Pension Boards (City Pension Boards Manager) ~""' Mayor Meserve stated that he would like to postpone the appointment(s) until the next Commission Meeting in order to obtain additional information concerning the applicants. There were no objections to the request. Revised Cross- C. Adopt the revised City of Atlantic Beach Cross-Connection Connection Control Control Policy Manual (City Manager) Policy Manual Motion: _Adopt the revised City of Atlantic Beach Cross-Connection Control Policy as presented. June 14, 2004 REGULAR COMMISSION MEETING Page 8 Commissioner Waters stated that he had problems with the revised Cross- '"' Connection Control Policy and believed it was just another unfunded state mandate to the citizens of Atlantic Beach. He felt that it was the city's responsibility to protect its water supply and the city should pay for the cost of backflow prevention, including installation and testing. Utility Director Kaluzniak explained that property owners with existing private wells and existing irrigation systems would be required to install backflow preventers with the new requirements under the Department of Environmental Protection's rule 62-555. She indicated there would be no "grandfathering" of existing potential cross connections, and property owners would be notified to install proper backflow prevention, including those with no current connection to the municipal water system. Discussion of costs ensued. Ms. Kaluzniak indicated that it would cost $250 - $300 to install the device on a'/a" residential service and $40 per year for testing. ~„ Commissioner Simmons inquired if the city had ever experienced water contamination due to a cross connection. Ms. Kaluzniak responded that to her knowledge it had never happened. Discussion of the placement and size „~. of the residential backflow preventer ensued. Commissioner Beaver believed the city had no recourse but to adopt the new policy, whether or not they agreed with the new DEP requirements. City Attorney Jensen advised that the city ordinance passed in 2000 ** required adoption of the latest rules and regulations of the DEP and if the city did not adopt the revised Cross-Connection Control Program Policy, it would be in violation of its own ordinance. Moved by Beaver, seconded by Parsons Votes: '"'" Aye: 4 -Beaver, Parsons, Simmons, Meserve Nay: 1 -Waters MOTION CARRIED 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson summarized his written report, which is attached and made part of this official record as Attachment B. June 14 2004 REGULAR COMMISSION MEETING Page 9 Reports/Requests 10. Reports and/or requests from City Commissioners and City '~ City Commissioners Attorney City Attorney Commissioner Beaver • Reported that he would be out of town and unable to attend the next meeting. • Commented on the stop signs placed on East Coast Drive at 15` Street ~ and indicated that he understood the signs were installed to protect the public, but noted that there were many intersections throughout the city with similar visibility problems. Commissioner Simmons • Believed the city should move ahead with increasing sight line requirements at other intersections before additional problems arise. Commissioner Parsons • Commented concerning enforcement of the fireworks ordinance and ~. confirmed that it was the city's intention to gain voluntary cooperation. Chief Thompson indicated it was the department's intent to make the first year an educational process, but the department would confiscate ±+• fireworks if necessary. • Stated he was in South Florida recently and two cities in that region had passed similar ordinances regulating the use of fireworks. Commissioner Waters • Believed the penalty for the use of fireworks was too low to be a deterrent. • Commented that site triangle regulations should have been enforced in the past. • Believed it should be a crime to cross connect a shallow well or irrigation system with the city's potable water supply. Mayor Meserve • Reported that he had been made aware of a not for profit company that had a prescription drug program for the needy called Prescription Relief. The company presently operates in the north and would like to expand its operations to the southern states. The Mayor briefly explained what June 14 2004 REGULAR COMMISSION MEETING Paee 10 he knew about the program, and said he would like to obtain additional "~ information to see if the city should support the program for its needy residents. He indicated he would report back to the Commission within the next two months. No one objected to the request. Adjournment There being no further discussion, the Mayor declared the meeting _ adjourned at 9:05 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk ~•