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09-23-91 v A CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, SEPTEMBER 23, 1991, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of September 9, 1991 and special meetings of September 3, 1991 and September 16, 1991 2. Recognition of Visitors: 3. Appearances: A. Tri-Beach Solid Waste presentation (Theresa Todd) 4. Consent Agenda: A. Resignation of Willie Miley of the Code Enforcement Board 5. Committee Reports: A. Report and recommendation by Awards Committee Chairman Glenn Edwards relative to: 1. 9091-26 demolition of two houses 2. 9091-28 Diesel Direct Driven Standby Electric Power System 6. Resolutions: A. Resolution #91-29 appointing two additional election inspectors B. Resolution #91-30 noting community service of Kathleen Russell 7. New Business: A. Request for proposed change of dunes elevation at Tiffany by the Sea (George Worley, City Planner) B. Discussion and related action relative to Mutual Aid Agreement with City of Jacksonville (Chief Thompson) C. Discussion and related action regarding water/sewer service contract for Navy Exchange Complex 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment NOTE: Executive session set for September 23, 1991 at 6:15 p.m. regarding collective bargaining MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON V V MONDAY, SEPTEMBER 23, 1991 O O T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook D D Glenn A. Edwards Adelaide R. Tucker John W. Weldon M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of September 9, 1991 and Special Meeting of September 16, 1991 Cook x x Edwards x Motion: Approve minutes of the regular meeting of September Tucker x x 9, 1991 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. Cook x Motion: Approve minutes of the Special Meeting of September Edwards x x 16, 1991 Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x Mayor Gulliford announced that the Northeast Florida Planning and Zoning Association had presented the City of Atlantic Beach with the 1991 Public Design Award for the new City Hall. He gave the City Manager a plaque to be displayed in the new building. 2. Recognition of Visitors: Barbara Bonner, 463 Selva Lakes Circle, said she was out of town when the speed bumps had been approved for the 300 block of Plaza. She expressed her opposition to the speed bumps and felt this was not the best way to control speeding. Mayor Gulliford said the speeding on Plaza had been documented by radar and other measures had been taken to control the speeding before the speed bumps were installed. The City Commission felt the situation was unique and warranted the speed bumps, and residents had subsequently indicated that the speeding problem had improved. Ms. Bonner said there was a speeding problem in Selva Lakes subdivision and Chief Thompson was instructed to monitor the area. Ruth Gregg, 905 Sailfish Drive, inquired whether funds had been provided in the 1991/92 budget to install new water lines in Royal Palms west of Plaza. Mr. Kosoy said some monies had been budgeted for water line replacement but the projects had not yet been prioritized. PAGE TWO V V MINUTES NAME OF SEPTEMBER 23, 1991 COMMRS. MSYN Ms. Gregg also complained of a large pot hole in front of her house and Mr. Kosoy was directed to check into this. Dezmond Waters, 1835 Seminole Road, inquired whether it would be necessary to remove the trees and shrubbery for the proposed sidewalks for Seminole Road and was advised the sidewalks would meander as much as possible to avoid the trees; however it probably would be necessary to remove some trees and some of the intrusions into the right-of-way. W.J. Ryszykow, 535 Royal Palms Drive, inquired when utility increases would be discussed and was advised that this matter would be discussed during October or November, with changes to be effective with the first billing in 1992. 3. Appearances: A. Tri-Beach Solid Waste presentation Mayor Gulliford reported the Regional Solid Waste Committee had existed approximately one year and many hours had been volunteered by many competent individuals. He introduced Theresa Todd, PE, to present the committee report. Ms. Todd said the committee had been charged with recommending methods to reduce the solid waste flow to the landfill by 30%, and had reviewed the current methods of solid waste disposal. The committee had reviewed the various technologies for solid waste reduction and had heard presentations from the various companies involved with composting, incineration, landfilling, etc. She said the beaches communities generated about 135 tons of solid waste per day (about 5% of the total generated by the county) . Ms. Todd reviewed each of the short term goals recommended by the committee which included yard waste composting, volumetric charging, consolidation of solid waste services, commercial recycling, multi-family residential recycling, municipal solid waste recycling, evaluation of the interlocal agreement with Duval County, and community education. The long term goals recommended were a continuation of the short term goals and included the construction of a municipal solid waste facility, consolidation of the solid waste services and continuing community education. A complete copy of the Tri-Beach Solid Waste Committee Report dated September 1991 is on file in the office of the City Clerk. A brief question and answer session following Ms. Todd's presentation during which the frequence of collection and disposal of hazardous waste was discussed. Mayor Gulliford then suggested the Atlantic Beach Solid Waste Committee review the recommendations of the Tri-Beach Solid Waste Committee and present an endorsement and recommendation for action and prioritize those recommendations presented in the report. PAGE THREE V V MINUTES NAME OF SEPTEMBER 23, 1991 COMMRS. MSYN Mayor Gulliford thanked Ms. Todd for her presentation and pointed out that both she and her husband were members of the Atlantic Beach Solid Waste Committee and had generously donated many hours in that connection. 4. Consent Agenda: A. Resignation of Willie Miley from the Code Enforcement Board Cook x Edwards x x Motion: Accept the resignation of Willie Miley from the Code Tucker x Enforcement Board Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford pointed out there were now two vacancies on the Code Enforcement Board and one vacancy on the Community Development Board and asked that recommendations be forwarded to the City Clerk for consideration at the next meeting. 5. Committee Reports: A. Report and recommendation by Awards Committee Chairman, Glenn Edwards, relative to: (1) Bid No. 9091-26 — demolition of two houses Commissioner Edwards reported two bids had been received for the demolition of two houses at 54 Church Street and 85 Dora Street. After review of the bids it was the recommendation of the Awards Committee that a contract be awarded to Burkhalter Wrecking for the work. Cook x Motion: Award contract to Burkhalter Wrecking Company of Edwards x x Jacksonville for the demolition of two houses at the Tucker x bid price of $6,730.00 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. (2) Bid No. 9091-28 — Diesel Direct Driven Standby Electric Power System Commissioner Edwards reported the Awards Committee had reviewed the six bids received and recommended the City Commission accept the low bid of Cummins Southeastern Power. Cook x Motion: Accept the bid of Cummins Southeastern Power at Edwards x x $15,778 as being the lowest bidder meeting Tucker x x specifications, and make award accordingly Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 6. Resolutions: A. Resolution No. 91-29 • PAGE FOUR MINUTES V V SEPTEMBER 23, 1991 NAME OF COMMRS. MSYN Mayor Gulliford presented in full, in writing, Resolution No. 91-29: A RESOLUTION APPOINTING TWO ADDITIONAL ELECTION INSPECTORS FOR THE CITY OF ATLANTIC BEACH BIENNIAL ELECTION, AND SETTING THEIR COMPENSATION Cook x Edwards x Motion: Approve passage of Resolution No. 91-29 Tucker x x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x B. Resolution No. 91-30 Mayor Gulliford presented in full, in writing, Resolution No. 91-30 A RESOLUTION RECOGNIZING, WITH APPRECIATION, THE CONTRIBUTION OF KATHLEEN RUSSELL TO THE COMMUNITY DEVELOPMENT BOARD. Cook x x Edwards x Motion: Approve passage of Resolution No. 91-30 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 7. New Business: A. Request for proposed change of dunes elevation at Tiffany by the Sea Action on this item was deferred until later in the evening. B. Discussion and related action relative to Mutual Aid Agreement with the City of Jacksonville Chief Thompson reported the City of Atlantic Beach had mutual aid agreements with neighboring cities and the City of Jacksonville had proposed an agreement with Atlantic Beach which would grant arrest powers to Atlantic Beach officers in Jacksonville. He said Atlantic Beach and Jacksonville had a cooperative working relationship and the proposed agreement would delineate the details and responsibilities of each party. The City Manager also supported the execution of such agreement. Cook x x Edwards x Motion: Authorize the execution of an interlocal agreement Tucker x with the Jacksonville Sheriff's Office Weldon x x Gulliford x Commissioner Weldon inquired into liability for injuries or equipment and Chief Thompson reported each city was responsible for its own personnel and equipment and the city did have insurance for this purpose. Discussion ensued regarding the type of assistance which each city rendered to the other and Chief Thompson said that while Atlantic Beach assisted Jacksonville a greater number of times, Jacksonville provided more specialized assistance to Atlantic Beach such as SWAT teams, training, and murder investigations, etc. Commissioner Weldon also questioned whether the Jacksonville Sheriff' s Office should have jurisdiction within the City of • PAGE FIVE MINUTES V V SEPTEMBER 23, 1991 NAME OF COMMRS. MSYN Atlantic Beach and the City Attorney said it was his opinion the Sheriff's Department had jurisdiction in the counties throughout the state. Alan Potter explained that the Sheriff of each county in the State of Florida is a constitutional officer and that the consolidated charter was by state statute, so the constitutional officer would prevail over the state statute. Mayor Gulliford asked Chief Thompson to provide him with the number of responses which Atlantic Beach had made within Duval County. The question was called and the motion carried unanimously. Mayor Gulliford reported he had received additional documentation relative to Dr. & Mrs. Marc Tafflin's request for approval to build a home in accordance with plans presented to the city prior to passage on July 22, 1991, of Ordinance No. 90-91-155 regarding height limitations. The Mayor felt it was not appropriate to refer the matter to the Community Development Board for a variance to the height restrictions as set forth in Ordinance No. 90-91-155. He pointed out the documents indicated that Dr. & Mrs. Tafflin had been billed for code and zoning reviews in September 1989 which would indicate the city had reviewed the plans prior to that date. He felt the question to be addressed by the City Commission was whether the matter could be grandfathered under the old ordinance. Cook x x Motion: Recognize that Dr. & Mrs. Tafflin had made both Edwards x contact and a significant investment in the plans Tucker x x assuming that the old ordinance was in effect Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 7A. Request for proposed change of elevation of dunes at Tiffany by the Sea Safa Mansouri addressed the City Commission and said he had applied for permits to build three houses in Tiffany by the Sea. Permit application had also been filed with the Department of Natural Resources to reduce the dune on both sides of the Coastal Construction Control Line to 22.5 feet. Commissioner Weldon inquired whether there would be any further cutting into the dune and Mr. Mansouri explained he intended to excavate to build the garages and then it would be filled around the garage to create a gradual slope to 22.5 feet. Mayor Gulliford pointed out the city had approved this project as a Contract Quality Development (COD) under state statute guidelines and changes to the original plan would have to be in accordance with the statute. The City Attorney provided documents including his opinion of August 2, 1991, that the lowering of the dunes would not contravene local setback requirements or zoning or building codes. However, he pointed out that the implementing ordinance for Tiffany by the Sea development set forth that the plan and proposal for development was incorporated in the ordinance and may not be amended or deviated from without prior approval of the City • PAGE SIX MINUTES V V SEPTEMBER 23, 1991 NAME OF COMMAS. MSYN Commission. A topographical map which was a part of that ordinance showed the dune as being over 35 feet in some areas. It was agreed that reduction of the dune constituted a deviation from the original plan and such deviating should be approved by ordinance. Cook x Motion: Direct the City Attorney to draft an ordinance for Edwards x x action by the City Commission to amend the ordinance Tucker x approving the Tiffany by the Sea development Weldon x x Gulliford x Mr. Mansouri stressed the urgency of the matter but it was felt the procedure outlined by the City Attorney should be followed. Discussion ensued regarding what procedure would have to be followed when additional lots were developed. The City Manager expressed the opinion that since this development had been approved by ordinance under state statute provisions, any deviation from the original plan, whether for one lot or more, would need to be approved by ordinance. The Mayor felt that approval of a CQD was similar to approval of a PUD and that the conditions approved under the CQD would take precedence over the existing city code. After further discussion the question was called and the motion carried on a 4 - 1 vote with Commissioner Cook voting nay. C. Discussion and related action regarding water/sewer service contract for Navy Exchange Complex Commissioner Weldon reported agreement had been reached with the Navy regarding utility service for the exchange complex on Mayport Road. Commissioner Weldon confirmed that each Commissioner had a copy of Harry Royal's letter of September 18, 1991, outlining revisions to the contract and reported that he had been notified that day that the Navy had agreed to the terms of the contract. He said the Navy not yet agreed to accept future rate increases; however, he felt a satisfactory agreement had been negotiated and the matter of rate increases would probably be revisited in the future. Cook x Edwards x Motion: Authorize the Mayor to execute agreement for utility Tucker x x service with the Navy Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously . 8. City Manager Reports and/or Correspondence: None 9. Mayor to call on City Commissioners, City Attorney, and City Clerk The City Attorney asked for clarification as to whether the City Commission wished him to draft an ordinance or resolution regarding the making of charitable contributions by the city. After brief discussion the City Attorney was instructed to draft an ordinance. ' PAGE SEVEN MINUTES V V SEPTEMBER, 23, 1991 NAME OF COMMRS. MSYN Commissioner Weldon said he had received complaints about litter at Eighteenth Street beach access area, particularly on the weekend. He said the complainants had requested this area receive regular maintenance. Mayor Gulliford reported the plans for the Beach Avenue water and sewer project had been completed for some time and the engineers had indicated the assessments would be approximately $100.00 per front foot. He suggested before the city proceed further with the project letters should be sent to property owners to see if they would be willing to pay these assessments. Mayor Gulliford also inquired what would be done about the dead palm trees on the city hall grounds and the City Manager advised the contractor had been requested to replace same but no response had bet been received. Mayor Gulliford requested that a registered letter be sent to the contractor requesting replacement. If no response is received, follow up with a letter from the City Attorney notifying him that the city would replace the trees and, if necessary, take the contractor to small claims court to recover the cost. Mayor Gulliford also reported he had been notified the conditions in the Skate Road drainage ditch had become deplorable. He requested that the city check into this situation as well as the Cavalla Road ditch. Commissioner Cook requested that the Building Official monitor the height of the dunes at at Tiffany by the Sea on a daily basis. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned • . 0 PM. AIL ,. ...A[A0 — William I. Gullif. Mayor/Presiding i .c- A T T E S T: G24444626– Mau een King, C� qty C5rk