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MinutesMINUTES REGULAR CITY COMMISSION MEETING JANUARY 24, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson ` Commissioner Paul B. Parsons City Clerk Donna L. Bussey Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen Commissioner J. Dezmond Waters III ABSENT: Mayor Pro Tem Richard Beaver Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Waters, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of January 10, 2005 Motion: Approve the Minutes of the Regular Meeting of January 10, 2005 as presented. Moved by Waters, seconded by Parsons Votes: Aye: 4-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 Meetings A. City Manager's Follow-up Report City Manager Hanson stated that he had no follow-up report to discuss. ' January 24, 2005 REGULAR COMMISSION NIEF,TING Pa2c 2 • 4. Consent Agenda • A. Acknowledge receipt of Utility Sales Report, Financial Report and Building Department Monthly Report for December 2004 ' (City Manager) .. B. Approve Change Order No. l in the Bike Path Project -Plaza Drive in the amount of $12,235.50 to Walding Company (City ' ' Manager) C. Extend the annual contract with Trim All Lawn Service for Atlantic Boulevard medians, Mayport Road Flyover and Town Center Landscape maintenance (Bid No. 0304-7) (City Manager) D. Award continuing contract for Professional Engineering Services to three top-ranked firms (City Manager) Commissioner Simmons requested that Item C be removed from the Consent Agenda for discussion. Motion: To approve Consent Agenda Items A, B, and D as presented. There was no discussion on the three Items. Moved by Parsons, seconded by Waters ' Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 ' MOTION CARRIED Commissioner Simmons stated that the current maintenance of the Town Center landscape needed to be done differently. She requested that the staff • of the company be given guidance on pruning and trimming of the landscape involved. If this condition could be met, then Commissioner Simmons moved to accept the item as presented. Commissioner Waters supported Commissioner Simmons' comments and also discussed the need to have the palm trees cut more appropriately. There was no further discussion. Motion: To approve Consent Agenda Item C as presented. Moved by Simmons, seconded by Waters ` ' Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 ' ' MOTION CARRIED .Ianuary 24.2005 REGULAR COMMISSION MEETING Pale 3 Committee Reports 5. Committee Reports A. Code Enforcement Board Mr. Curtis Sanders, Jr., Chair of the Code Enforcement Board, presented a report on the Board's jurisdiction, responsibilities, and activities. Mr. Sanders displayed the Board's organizational chart and noted that Alex Sherrer, Code Enforcement Officer, is the sole administrative official responsible for the entire Board. Mr. Sanders noted that his own term as Chairman will be over in September 2005 and a new Chairman will need to be selected at that time. Mr. Sanders stated that the Board's last meeting was a workshop, during which City Attorney Jensen reviewed Florida's Sunshine Law with the board members. Mr. Sanders discussed the numbers and types of Code Enforcement cases held during the current and past years. He expressed the need for more than one Code Enforcement Officer in the City and requested the Commission to consider allowing two additional members to join the board as alternative members. Mr. Sanders commended Alex Sherrer on an outstanding job as Code Enforcement Officer for the City. Mayor Meserve thanked Mr. Sanders and the Code Enforcement Board members for their service to the City. B. Recommendation for appointment to the Tree Conservation Board (Commissioner Simmons) Mayor Meserve stated that there was one vacancy open for appointment to the Tree Conservation Board this evening. Commissioner Simmons ' reported on the minutes from the Board's committee meeting on January .. 13, 2005. She reported that the Tree Conservation Board recommended appointing Jamie Fletcher to the vacancy. Motion: To appoint Jamie Fletcher to serve on the Tree Conservation Board. Moved by Simmons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions None. ' ' Action on Ordinances 7. Action on Ordinances A. Ordinance No. 80-OS-70, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE ' ' I, IN GENERAL; ADDING SECTION 22-4(e), ADJUSTMENTS FOR .ianuary 24, 2005 REGULAR COMMISSION MEETING Page 4 LEAKS ON CONSUMER'S SIDE OF METER; ADDING SECTION ' 22-4(f), ADJUSTMENTS FOR FILLING A SWIMMING POOL; DELETING ARTICLE II, WATERWORKS SYSTEM, SECTION 22- 31, LEAKS ON CONSUMER'S SIDE OF METER; TO PROVIDE ' FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. The Mayor read the ordinance by title only and commented that the ordinance was in reference to an attempt to lessen the substantial impacts of leaks on the consumer's side of the meters. Commissioner Waters opened discussion asking for information regarding discharge from leaks entering the sanitary sewer system. City Manager Hanson responded and explained the circumstances surrounding potential situations. Commissioner Waters also questioned the wording in Article I, section (f) of the Ordinance which appeared to allow for more than aone-time adjustment if pool repairs are necessary more than once. Finance Director, Nelson VanLiere responded to the question by explaining that the wording was created in order to prevent abuse of the allowable adjustments. Commissioner Waters suggested that the wording of section (f) be changed .. to include the distinction that the one time allowance or adjustment is per owner. Motion: To approve Ordinance No. 80-05-70 with amendment of Article I, section (f) to read, "A one time allorvanee or adiustment per owner of volume billed..." Moved by Waters, seconded by Simmons Votes: • Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Approve funding for $12,500 in mid-year budget adjustments for web site development and hosting (City Manager) Motion: To approve funding for $12,500 in mid-year budget adiustments for web site development and hosting ' Chief of Police, David Thompson, gave background on this item and .. information on the original company contracted to develop the City's website. Chief Thompson discussed the current situation and problems ' encountered with the website due to the fact that the company originally ' .Tanuarv 24, 2005 RF,GULAR COMMISSION MEETING Page 5 contracted has since discontinued its service in website development. He explained the options available to the Commission in regards to maintaining and developing the City's website. ' Commissioner Parsons asked what was involved with continued development of the website. Chief Thompson provided specific examples of ways the website could be enhanced and thus improve the functions of ' ' the City. Commissioner Parsons also asked what the functions of the City's IT department currently are. Chief Thompson explained that the IT department maintains the systems tivithin the City's organization and that the website is a very specific field that gets contracted out. Commissioner Simmons inquired about the process involved in obtaining a contract with a new company. Chief Thompson replied that the City would follow the normal purchasing process if the Commission authorized the funds to pursue the issue. Commissioner Simmons asked for further explanation of the purpose for the funds being requested. Chief Thompson responded that the budget funds would serve the following two purposes: 1) to obtain a developer to create the website, and 2) to include the means to host the website. Commissioner Simmons commented on the need to find a system that fits the specific needs and fiscal constraints of Atlantic Beach without becoming outdated too quickly. City Manager Hanson further explained the concept of hosting a website and the process of selecting the proper company to fit the City's needs. Moved by Parsons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters,lvleserve Nay: 0 MOTION CARRIED B. Authorize transfer of budgeted funds from the Hopkins Creek to other projects (City Manager) Motion: To authorize transfer of budgeted funds from the Hopkins_ Creek to other projects Public Works Director, Rick Carper, provided a presentation on the Stormwater Capital Improvement projects and the areas included in the plans. Rick Carper identified the problem areas where he would like to use the funds to conduct studies for improvements in drainage issues. He outlined these areas as including intersections on Ocean Boulevard, Beach January 24, 2005 REGULAR COMMISSION MEETING Page 6 Avenue and East Coast Drive. Rick Carper also requested additional funds ' ' to address safety and maintenance problems involving the Seminole Road Ditch and its headwall. ' ~ Commissioner Parsons questioned how many accidents have occurred in the .. Seminole Road Ditch. Chief Thompson responded that there have been a handful of accidents, mainly occurring in inclement weather. Commissioner Parsons asked far clarification on the ex-filtration trenches. Rick Carper described their functions and explained what aspects of the project still need to be studied to determine feasibility. Commissioner Parsons asked about the status of Hopkins Creek and how often it floods. Rick Carper, Chief Thompson and City Manager Hanson responded and reported on the decreased amount of flooding in that area. Commissioner Parsons stated that he has concerns with supporting the request for $15,000 in funds to study the feasibility of filling Seminole Road Ditch. Commissioner Waters expressed concerns with altering Seminole Road Ditch if it would result in less water being contained in the ditch. Rick Carper responded that the proposed project would decrease the amount of water contained by the ditch. Commissioner Waters questioned the volume ' of water that the ditch can currently contain. Rick Carper stated that issue .. would be included in the study being proposed. Commissioner Simmons inquired what the maintenance on the ditch ' . currently involves and costs. Rick Carper responded that the annual maintenance requires the cost of two men, one machine and three days of labor. Commissioner Simmons stated she would support removing the ditch and inquired what prevented the Commission from proceeding with a previous project involving culverts. Mayor Meserve responded that the cost of the boxed culverts was the prohibitive factor. Mayor Meserve expressed the same concerns as Commissioner Waters regarding changing the capacity of water the ditch can contain. Commissioner Simmons addressed issues regarding the depth of the ditch and questioned the necessity of replacing the headwall. Rick Carper stated these issues would be included in the study. Commissioner Waters asked about the status of Hopkins Creek and how the ' ' plans of Neptune Beach and Jacksonville Beach would affect the City of .. Atlantic Beach. Rick Carper responded and discussed the projects involving Hopkins Creek. .. Moved by Simmons, seconded by Waters Votes: ' ~ Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED .Ianuary 24.2005 REGULAR COMMISSION MEETING Pale 7 C. Policy Options for Requiring Septic Tank Otivners to Convert to the Public Sewer System (City Manager) City Manager Hanson gave the background on the issues discussed at the last meeting and reviewed the policy options listed in his report. He , , discussed the budget impacts of each option and also the issue of enforcing the policy. Commissioner Waters stated that enforcement of the policy should not be designated to the Code Enforcement Board. He felt that once the deadline " ' was reached, the conversion should be assumed by the residents and they would be automatically charged for sewer and water. Commissioner Waters supported raising the cap on the loans and setting an indexed interest rate, • not to exceed 6%. He supported placing a lien on the house, but did not . support affecting the utilities. • Mayor Meserve recommended increasing the loan maximum to $5000 at the prime rate plus one percent for ten years and keeping the issue separate from the utilities. He also supported keeping the CDBG funds available for those who are eligible. Mayor Meserve stated the need for the Commission to agree on an enforcement plan for those who don't comply with the policy. Commissioner Simmons discussed issues concerning placing liens on the houses. She questioned the logistics of charging for sewer and water if the . • conversion does not occur by the deadline. City Manager Hanson stated that in the past the City has been able to place it's own meter on the parson's well. Commissioner Parsons agreed with all suggestions stated. City Manager Hanson proposed to change the enabling resolution according to their discussions and bring it to the next meeting. City Manager 9. City Manager • A. City Manager's Report City Manager Hanson reported on each item of his written report. The " report is attached and made part of this official record as Attachment A. Privately Owned Dune Crossovers City Manager Hanson reviewed the three options listed in his report and . , asked for guidance from the Commission on which direction to pursue. ' .Tanuary 24, 2045 REGULAR COMMISSION MEETING Page 8 Commissioner Waters believed it would be unfair to ask the residents to • remove the crossovers they had rebuilt. He supported allowing the crossovers to remain in place and see how the dunes rebuild themselves. ' Commissioner Simmons felt the situation was a result of Mother Nature and agreed not to ask the residents to spend more money rebuilding the crossovers again. Commissioner Parsons discussed the need to address the issue of crossovers that are built too high and block the view of the neighbors. He agreed to ' leave the situation alone for now and readdress it when the dunes are renourished. ' City Manager noted that the consensus of the Commission was to leave the crossovers as they are for now. • Pavement Management Scores City Manager Hanson reported on the scores in his report and stated the ratings for 2004 were good. City Manager Hanson reminded everyone that the Parliamentary Procedures Workshop was rescheduled for the coming Wednesday, January 26 at 6:OOpm. .. Super Bowl City Manager Hanson discussed the Super Bowl preparations that the City had been working on for the past year. He asked Chief Thompson to address most of the issues which relate to Public Safety. Chief Thompson distributed a handout on the City's preparation for the . Super Bowl and stated that the same information could also be found on the City's website. Chief Thompson addressed each of the items relating to Public Safety, including traffic, parking, alcohol, noise, lifeguards, • fire/rescue units, code enforcement, and maps available to guide the public. Rick Carper, Director of Public Works, addressed the issues relating to sanitation. A copy of the handout has been included in these official • minutes as Attachment B. Commissioner Waters expressed appreciation of the flexibility and • adaptability of the City in regards to the Super Bowl issues. Use of Chlorine in City water system ' City Manager Hanson addressed a previously received suggestion to replace .. the chlorine system with a different method for disinfecting the water supply. Donna Kaluzniak, Public Utilities Director, responded by • explaining that the State requires that the disinfection system result in a .Ianuarv 24, 2005 REGULAR COMMISSION MEETING Patc 9 residual substance that can be measured to determine standards are being met. She reported that the chlorine method currently being used meets these standards. The ultraviolet disinfection process suggested cannot be used because it is more costly and does not meet the State's requirements for a residual substance. ' Reports/Requests 10. Reports and/or requests from City Commissioners and City .. City Commissioners Attorney City Attorney Commissioner Simmons • Discussed the issue of the number of news racks and magazine boxes located around the city on corners and next to mailboxes. She wants to find a more attractive solution for these. • Noted that the Commission is no longer receiving minutes from other city board meetings. She would like to return to the system of having those minutes forwarded to the Commission. Commissioner Parsons • Commented on a movie put together by the Northeast Florida Regional Planning Council and that he would like to receive a copy of it. • Reported that a citizen contacted him regarding a 4-foot chain link fence and skateboard ramps located in residents' yards. He inquired about the ' policies regarding these items. City Manager responded that the regulations prevent them from being in the front yard and called on Chief Thompson for clarification. Chief Thompson commented that there are few restrictions that can be enforced by the City regarding these items, but the staff would work with the citizens to see if they can find acceptable alternatives. • Noted that he'd like to receive more of the maps distributed for the .. Super Bowl. Commissioner Waters • Confirmed Commissioner Simmons' suggestion to find a way to regulate or permit the proliferation of news and magazine materials located in numerous public areas. • Asked for clarification on the meaning of the Pavement Management Scores. City Manager Hanson responded and noted that the average quality of pavement surface is still in good condition. Mayor Meserve • Reported that Commissioner Waters pointed out to him that the Jacksonville City Council passed a motion to support retention of the . Kennedy aircraft carrier. He stated that he would be willing to sponsor legislation to the same effect and supported acquiring a replacement ' carrier if the Kennedy is too cost-prohibitive to retain. He encouraged ' .Ianuarv 24, 2005 REGULAR COMMISSION MEETING Page 10 the City of Jacksonville to support the efforts of their Congressman. He stated he would compose aone-page statement supporting the issue for the Commission to consider at the next meeting. ' Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:55 p.m. Jahn Meserve, MayorlPresiding officer ATTEST: Donna L. Bussey City Clerk