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10-26-92 v MINUTES OF THE MEETING OF ATLANTIC BEACH CITY COMMISSION HELD AT 6:30 PM ON MONDAY, OCTOBER 26, 1992, IN CITY HALL, 800 SEMINOLE ROAD, ATLANTIC BEACH, TO RESOLVE THE IMPASSE IN COLLECTIVE BARGAINING NEGOTIATIONS Present, representing the city were: Mayor William I. Gulliford, Jr. Ca missioner Glenn Edwards Commissioner Lyman Fletcher Commissioner Adelaide R. Tucker, and Commissioner J. Dezmond Waters, III Capt. John Campbell City Clerk Maureen King Present, representing Northeast Florida Public Employees' Local 630: Larry King, President of Local 630 Jack Baldwin, General Employees Union Negotiator The meeting was called to order by Mayor Gulliford who explained that the meeting was being held to resolve the impasse which existed between the City and Northeast Florida Public Employees' Local 630. He referred to a letter dated October 23, 1992, from William A. Worsham, Business Manager of the Northeast Florida Public Employees Local 630, in which Mr. Worsham commended Capt. Campbell for the professional manner in which he had conducted the negotiations. The Mayor asked Mr. King for his comments regarding the impasse. Mr. King explained the only item at impasse was the employees' request for an additional holiday on January 20 of each year to recognize Martin Luther King Jr. 's birthday. He estimated the cost to grant this holiday to the bargaining group would be about $2,000.00. Discussion then ensued and it was the general opinion that if an additional holiday was granted to general employees, in keeping with the city's wish to treat all employees as equally as possible, whether or not they are represented by a union, the additional holiday would have to be given to all city employees. Captain Campbell pointed out that city employees had, some time ago, been given the opportunity to vote on whether they wished to give up the "Employee's Birthday" holiday in exchange for Martin Luther King Jr. 's birthday and the majority had voted to retain the birthday holiday. Mayor Gulliford felt that the question before the City Commission was whether they would be willing to increase the number of annual public holidays from nine to ten. Commissioner Fletcher felt that it would be beneficial to race relations to recognize Martin Luther King Jr. 's Birthday; however, he expressed some concern that by requesting the additional holiday, the bargaining unit appeared to be trying to change a situation which had been decided earlier by all city employees. Page Two Minutes of Special Commission Meeting October 26, 1992 Following further discussion, Commissioner Waters roved to approve the additional holiday on January 20 to recognize Martin Luther King Jr. 's birthday. The motion was seconded by Commissioner Fletcher. Following further discussion the question was called and on roll-call vote, the motion was defeated on a 1 - 4 vote with Commissioner Fletcher casting the sole vote in favor of the motion. There being no further discussion, the Ma:or declared the meeting adjourned at 7:00 PM. • VA/ William I. Gulli ord, Mayor/Presiding Offi A TT E S T: Maureen King City Clerk ***AMENDED*** 5A, 5B, 5C (Original) CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, OCTOBER 26, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of October 12, 1992 2. Recognition of Visitors: 3. Old Business: A. Request approval for Phase III regarding Stormwater Management Plan with CH2M Hill (Jim Scholl, CH2M Hill rep.) B. Discussion and related action concerning proposed signage at the Adele Grage Community Center relative to Atlantic Beach Experimental Theatre play schedule (Carson Merry Baillie) C. Discussion and related action concerning the proposed expansion of Singleton's Mobile Home Park (City Planner George Worley) D. Report on the progress of the Interlocal Agreement negotiations (Jim Jarboe/Ray Salman) E. Report concerning parking on Poinsettia Street 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 RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 4. Consent Agenda: A. Report on Bid #9293-3 sanitation truck with compactor B. Water and Sewer Committee report C. Final payment for Mayport Road bore and jack water main extension 5. Ordinances: A. Introduction and first reading of Ordinance #25-92-23 adopting various standard codes and setting permit fees valuation chart B. First reading and introduction of Ordinance amending the Tree Preservation Ordinance 6. New Business: A. Discussion and related action concerning a proposal to donate a lot in Donner Subdivision (Lot 10, Block 10, Donner Replat) to the City (City Planner George Worley) B. Discussion and related action regarding the submittal of a preliminary plat of Tract A North of 19th Street by William Morgan (City Planner George Worley) C. Request nominations to fill vacancies on the Code Enforcement Board, Community Development Board and Pension Board of Trustees D. Discussion and related action regarding lease/purchase of 3 police vehicles (Police Chief David Thompson) E. Discussion and related action regarding proposed reoganization of police supervision (Police Chief David Thompson) 7. City Manager Reports and/or Correspondence: A. Report on agenda packet timeframe submittals 8. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment NOTE: Impassee meeting with Public Works Collective Bargaining is scheduled for 6:30 p.m. , 10/26/92. IF MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O PM ON MONDAY, OCTOBER 26, 1992 T T E E PRESENT: William I . Gulliford, Jr. , Mayor D D Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker, and M S J. Dezmond Waters, III, Commissioners O E T C AND: Kim D. Leinbach, City Manager I 0 Y Alan C. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of October 12, 1992. Edwards x x Motion: Approve minutes of the regular meeting of Fletcher x October 12, 1992. Tucker x Waters x x No discussion before the vote. The motion carried Gullifor x unanimously. 2 . Recognition of Visitors: Fire Department Employees presented Chief Rew with a plaque commending him for 25 years of service with the City of Atlantic Beach. Ruth Gregg, 905 Sailfish Drive, inquired into the status of the traffic study relative to Plaza. She complained heavy trucks travel on Plaza and have caused damage to storm drains. She asked if a sign indicating "no trucks" could be installed, or if it would be possible to install a three-way stop sign at Plaza and Royal Palm. Chief Thompson indicated he would study the problem and make recommendations at the next meeting. Les Frye spoke on behalf of Dial-A-Ride and the need to purchase a new bus, since the present bus was worn out. He reported Jacksonville Beach had pledged $18, 000 of Block Grant Funds toward the purchase of a new bus and he asked Atlantic Beach to help in a similar fashion. He reported a new bus would cost $45, 000 including insurance and radio, and he indicated Jacksonville would pay for gasoline and oil to operate the bus. George Worley and the City Manager will investigate the possibility of using Block Grant funds to assist Dial-A-Ride in the purchase of a new bus and will give a report at the next AB 1227 V V PAGE 2 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN meeting. 3. Old Business: A. Request approval for Phase III regarding Stormwater Management Plan with CH2M Hill Jim Scholl, CH2M Hill Representative, presented a report concerning Phase III of the Stormwater Management Utility Program. He indicated the work consisted of the following: Task A, surveying, mapping, and inventory of the facilities, and Task B, preparation of NPDES Permit Application. He answered questions, distributed handouts, and presented an explanation of the work that would take place utilizing charts. Jim Lucas asked if a part of town which already had a stormwater retention system would be excempt from the Stormwater program, to which Mr. Scholl replied the Master Plan would answer that type of question. Mr. Scholl felt it would not be a complete exemption from the Stormwater program, but rather a credit. Edwards x x Motion: Approve Phase III, Stormwater Fletcher x Management Plan with CH2M, as presented, Tucker x with the proposed fee not to exceed Waters x x $125,000 Gulliford x Commissioner Fletcher referred to the estimated cost to administer Phase III and he asked Jim Scholl to explain the cost by line item. The question was called and the motion carried unanimously. Alan Potter felt cities, and the Florida League of Cities, should work to repeal the stormwater section of the Clean Water Act. William McGee felt the law was wrong and he urged people to get together to protest. B. Discussion and related action concerning proposed signage at the Adele Grage Community Center relative to Atlantic Beach Experimental Theatre play schedule Carson Merry Baillie reported she felt a sign placed on Community Center property indicating upcoming plays to be held by the Atlantic Beach Experimental Theater would AB 1228 % V V PAGE 3 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN assist people who wished to attend. However, it was felt placing a sign would be in violation of the city' s sign ordinance, and, after discussion it was decided a temporary sign could be used, similar to the signs used to advertise real estate open houses. Edwards x Motion: Authorize the City Manager Fletcher x x to use his discretion to allow the Tucker x Atlantic Beach Experimental Theater Waters x x to use a temporary sign to announce Gulliford x upcoming plays on Community Center property, similar to signs used by real estate firms No discussion before the vote. The motion carried unanimously. The Mayor asked the Beautification Committee to address the matter of the Atlantic Beach Experimental Theater placing a sign on Community Center property at their next meeting, and report their recommendations to the Commission. Item 3D was taken out of sequence and acted upon at this time. D. Report on the progress of the Interlocal Agreement negotiations Jim Jarboe, Deputy City Manager, reported only three members of the seven member Jacksonville Committee were present at the meeting that was held with the Committee for a Fair Interlocal Agreement of Atlantic Beach, on October 20, 1992. He was concerned Jacksonville did not have a quorum. Ray Salman indicated the committee appointed to negotiate with Atlantic Beach was not a City Council Committee and, thus, was not subject to the rules of the Council Committees. He reported Atlantic Beach presented Jacksonville with a good seven-point plan. He felt Atlantic Beach should contact Councilman Crescimbeni, thank him for the meeting, and ask the Committee to hold its next meeting in Atlantic Beach, for the purpose of working toward a resolution by December 1, 1992 Commissioner Fletcher felt it would be prudent to utilize the expertise of John DeVault, a lawyer who had experience in this type of situation. At this time, 8 :45 p. m. , Mayor Gulliford excused Commissioner Edwards from the meeting. AB 1229 V v PAGE 4 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN Motion: Authorize City Attorney Edwards Alan Jensen to contact John DeVault, Fletcher x x Attorney, for the purpose of Mr. Tucker x DeVault becoming involved in the Waters x x negotiations with Jacksonville and Gulliford x offering his expertise to the Commission Ray Salman reported the next meeting regarding this issue was two days away, October 28, 1992, and he would like to have the meeting, followed up with a letter, before inviting Mr. DeVault to take part in this matter. The Mayor felt he did not want to take any action that would be construed in a negative way by Jacksonville. Commissioner Fletcher felt hiring Mr. DeVault would benefit the city. He explained Mr. DeVault had experience including matters involving the Supreme Court and, thus, he felt it would be prudent to have an expert such as Mr. DeVault involved in the process. Commissioner Tucker asked Messrs. Jarboe and Salman if they felt it would be prudent to talk to an attorney before December 1, 1992, to which they indicated they did not wish to have an attorney at this time. Mr. Salman added some time ago the Florida League of Cities referred him to Florida' s leading expert in this field for advice, and, thus, having sought advise he felt comfortable at the present time. Roll Call resulted in a vote of 1-3, with Commissioner Fletcher voting aye. The motion was defeated. C. Discussion and related action concerning the proposed expansion of Singleton's Mobile Home Park George Worley presented a proposal by Reuben Buffkin for expansion of Singleton' s Mobile Home Park. He explained Mr. Buffkin proposed to sell two lots adjacent to Singleton' s Mobile Home Park to the Park for their use and inclusion within the Park. He explained the zoning of the Mobile Home Park was half RG-1 and half CG, commercial, and he further explained mobile home parks were not "permitted uses. " He reported the Community Development Board recommended that the expansion of the Mobile Home Park not be approved, but that the City Commission investigate the potential for acquiring these AB 1230 V V PAGE 5 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN two lots as a small park or playground. A discussion ensued and it was decided to turn this over to the Recreation Advisory Board for their recommendations, and to place this matter on the agenda following the next Recreation Advisory Board meeting. D. Report on the progress of the Interlocal Agreement negotiations (this was discussed earlier in agenda) E. Report concerning parking on Poinsettia Street Bob Kosoy, Director of Public Works, reported concerning parking on Poinsettia Street in the vicinity of 230 to 294 Poinsettia. He recommended replacing the "no- parking" signs with "parking by permit only" signs. He also recommended installing the signs after the damaged shoulder area was regraded and limerock placed. Commissioner Waters felt the City should pursue asking the School Board to donate 10 feet, to which Mr. Kosoy responded it was felt this would not improve the parking situation. Commissioner Fletcher concurred with Mr. Kosoy' s recommendations but felt signs should indicate parking for the general public be allowed during specific school hours, only, to allow for children to be dropped off and picked up from school. Motion: Place "Parking by Edwards Permit Only" signs on Fletcher x x Poinsettia Street in the Tucker x x vicinity of 230 to 294 Waters x Poinsettia, and place limerock Gulliford x on damaged shoulder area. Signs should indicate parking for general public allowed during special school hours, only, to allow for children to be dropped off and picked up from school. No discussion before the vote. The motion carried unanimously. 4. Consent Agenda: A. Report on Bid #9293-3 sanitation truck with compactor B. Water and Sewer Committee report C. Final payment for Mayport Road bore and jack water main extension AB 1231 V V PAGE 6 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN At the request of Commissioner Fletcher Consent Agenda Item A was withdrawn from the Consent Agenda. Edwards Motion: Approve passage of Consent Fletcher x Agenda with the exception of Item A Tucker x x Waters x x Consent Agenda Item A - Report on Bid #9293-3 sanitation Gulliford x truck with compactor Commissioner Fletcher referred to Bid 9293-3 and the recommendation of the Awards Committee that the Commission accept the bid from Jacksonville Mack Trucks in the amount of $66, 406. 56 as the lowest responsible bid meeting bid requirements and specifications. He asked Bob Kosoy to explain the reasoning behind this purchase and what the intended use of the truck would be. Mr. Kosoy asked representatives of Mack Trucks to respond to these questions. Mayor Gulliford felt the city' s bidding practices had deteriorated and that more bid responses should have been received. He indicated he would prefer that the city purchasing a heavier truck, and he indicated he would like Bid #9293-3 to be referred back to the Awards Committee for further study. Edwards Motion: Refer Bid 9293-3, Two 1993 Fletcher x x Mitsubishi Truck Model FE449HD, with Tucker x 8.0-CU. YD. Martco "Pak-Rat" Side- Waters x x Loader Compactor, or equal, back to Gulliford x Awards Committee for their recommendation, after further study and review No discussion before the vote. The motion carried unanimously. 5. Ordinances: A. Introduction and first reading of Ordinance adopting the 1991 Southern Standard Building Code It was determined Ordinance #25-92-93, Agenda item 5B, incorporated adoption of the 1991 Southern Standard Building Code. Thus Agenda Item 5A and Agenda Item 5B were adopted by the same ordinance. B. Ordinance #25-92-93 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #25-92-93. AB 1232 V V PAGE 7 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN AN ORDINANCE AMENDING SEC. 6-16 OF THE ATLANTIC BEACH CODE, ADOPTING VARIOUS STANDARD CODES RELATED TO INSPECTION AND ENFORCEMENT OF BUILDING PROVISIONS, ADOPTING A SCHEDULE FOR PERMITS FEES, AND PROVIDING AN EFFECTIVE DATE. Edwards Motion: Approve passage of Fletcher x Ordinance No. 25-92-93 on its first Tucker x x reading and set public hearing for WAters x x November 9, 1992 Gulliford x No discussion before the vote. The motion carried unanimously. C. Ordinance #95-92-53 - First Reading Mayor Gulliford presented in full, in writing, Ordinance #95-92-53. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 23, VEGETATION, BY AMENDING ARTICLE II, TREES, TO PROVIDE FOR TREE PROTECTION, TO PROVIDE FOR A TREE CONSERVATION BOARD, TO PROVIDE FOR PERMITS, TREE INSPECTION REPORTS, SITE ALTERATIONS, REMOVAL AND MAINTENANCE OF TREES, PROVIDE FOR ENFORCEMENT OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE, APPEALS AND EXCEPTIONS. Motion: Approve passage of Edwards Ordinance No. 95-92-53 on its first Fletcher x x reading and set public hearing for Tucker x November 9, 1992 Waters x x Gulliford x Commissioner Waters felt the ordinance did not provide a provision to indicate when a tree was cut down, another tree should be planted elsewhere in the city. He would like the Beautification Committee to know the Commission was interested in this provision. The question was called and the motion carried unanimously. 6. New Business: A. Discussion and related action concerning a proposal to donate a lot in Donner Subdivision (Lot 10, Block 10, Donner Replat) to the City George Worley presented a request of Gerald Sohn, owner of Lot 10, Block 10, Donners Replat, to donate this lot, located immediately west of the new Beaches Habitat house AB 1233 V V PAGE 8 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN at the corner of Simmons Road and Francis Avenue, to the City of Atlantic Beach, provided that the City agree to pay the 1992 taxes assessed against the property. Mr. Worley explained it was impossible to build on the property, but that the property would provide access to a particularly poorly maintained section of the drainage system in Donner Subdivision. He indicated the current tax assessed against the property was $94. 65, and the property was valued at $4, 000.00. He recommended the city accept Mr. Sohn' s offer, and he reported Mr. Sohn offered to prepare the necessary documents at his own expense. Edwards Motion: Approve the donation to the Fletcher x x City of Lot 10, Block 10, Donners Tucker x x Replat. Owner of the lot is Gerald Waters x Sohn and he will prepare necessary Gulliford x documents at his own expense. No discussion before the vote. The motion carried unanimously. B. Discussion and related action regarding the submittal of a preliminary plat of Tract A North of 19th Street by William Morgan George Worley presented the request of William Morgan for acceptance of the preliminary plat for Tract "A" , North Atlantic Beach, Unit #3, which comprises the entire block from Seminole Road to Beach Avenue on the north side of 19th Street. The tract is zoned RG-2, Multi-Family. Mr. Morgan desires to subdivide the Tract into six lots, five to be 60' x 100' and one to be 100' x 113 ' . The proposed use is to be Single-family residences fronting on, and having vehicular access from, 19th Street. Mr. Worley advised standard procedure per the Zoning Chapter was for the City Commission to accept the submittal of the drawings and direct them to the next Community Development Board Meeting for a review and recommendation. He reported the potential disruption of traffic flow and vehicular conflicts resulting from the creation of driveway entrances along the north side of 19th Street along with the existing angled parking needed to be considered. Motion: Accept the submittal of Fletchs the drawings of Preliminary Plat by Tukerer x Tucker x x William Morgan and direct them to Waters x x Gulliford x AB 1234 V V PAGE 9 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN the next Community Development Board Meeting for a review and recommendation A discussion ensued concerning the reduction of the total number of parking spaces in the proposed development and this matter was referred to the Parking Committee for their study and recommendation. C. Request nominations to fill vacancies on the Code Enforcement Board, Community Development Board and Pension Board of Trustees A discussion was held concerning vacancies on boards. Appointments will be made at the next City Commission meeting. D. Discussion and related action regarding lease/purchase of three police vehicles David E. Thompson, Chief of Police, presented a request to purchase three new police cars for the 1992-93 year. He explained the specifications and prices had been selected from the State Contract, and the Police Department would like to order the vehicles as soon as possible. Ford Motor Company Municipal Leasing Division will give the City a three-year lease-purchase agreement at 6. 65% interest. The total costs over a three year period would be $38, 985. This would cost the City $13, 840 per year, with a one time $300 document charge for the paperwork and contracts. Motion: Approve lease-purchase of Fletchs three new patrol cars for the Police Tekeher x x Tucker Department. Total cost over a three Waters x year period - $38,985, at a cost to Waters x x Gulliford the City of $13,840 per year, with a x one time $300 document charge for the paperwork and contracts. No discussion before the vote. The motion carried unanimously. E. Discussion and related action regarding proposed reorganization of police supervision Chief Thompson presented a request to revise the organization of the Police Department. He submitted a plan which would create a sergeant' s position and reduce the number of lieutenants. He explained the current AB 1235 V V PAGE 10 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN structure did not make the best use of his personnel ' s talents and skills. He explained the plan would reduce the number of supervisors and increase their accountability. He recommended eliminating two lieutenant positions and replacing the patrolmen-in- charge jobs with a newly created sergeant' s position. A discussion ensued and concern was expressed about the reduction in salary for the present lieutenants who would be reclassified as sergeants. Captain Campbell felt the difference in pay scale was minimal. Commissioner Waters asked if the educational requirement for lieutenants could include some college instruction. No action was taken on the proposal. Chief Thompson was asked to explore how the demotions may affect the individuals involved and the criteria by which a sergeant would be promoted, and this will be discussed at the next meeting. City Manager Reports and/or Correspondence: A. Report on agenda packet timeframe submittal City Manager Kim Leinbach reported concerning the possibility of releasing Commission agenda packets on Wednesday instead of Friday. He explained he would be happy to send agenda packets out on Wednesday if the Commission desired, but he felt items coming in late might result in revised agendas which could be abused and result in a lack of information to the City Commission. It was decided to defer this matter until the next meeting so that Commissioner Edwards would be able to take part in any discussion. 7. City Manager Reports and/or Correspondence: City Clerk Maureen King suggesting reviewing the Election Sign Ordinance and making an amendment prior to next year, which would be an election year in the city. Commissioner Fletcher reminded everyone October 28, 1992 was the deadline for local legislation. Commissioner Waters referred to the Jasmine Street pond and asked Bob Kosoy why it was necessary to order extra rip rap bags. Mr. Kosoy replied the design of the retention pond was causing problems relative to incoming tides. The Mayor indicated he would like to pursue any other retainage problems in the city. Mr. Kosoy was AB 1236 . 1 V V PAGE 11 NAME OF MINUTES, OCTOBER 26, 1992 COMMRS. MSYN asked to bring any other problems of this nature located in the Section H area before the Commission. Commissioner Tucker announced there would be an organizational meeting of the Charter Revision Committee, 7:00 p. m. , Thursday, October 29, 1992, at the City Hall. She invited the general public to attend the meeting. There being no further business th- Meeting adjourned at 11: 15 p. m. Willia I . Gul 'ford C( Mayor/Presiding Offi ATTES T: AB 1237