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MinutesMINUTES REGULAR CITY COMMISSION MEETING JANUARY 12, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance 1N ATTENDANCE: Mayor John Meserve City Attorney Alan C. Jensen Commissioner Paul B. Parsons City Manager Jim Hanson Commissioner Sylvia N. Simmons City Clerk Maureen King, CMC 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 Mayor Meserve was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of Minutes of the Regular Meeting of December 8, 2003 Motion: Approve Minutes of the Regular Meeting of December 8, 2003. 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 Public Comments Plaza Traffic Calming A. Presentation by Volkert & Associates relative to traffic calming options for the 300 block of Plaza Angelo Rao, Transportation for Livable Communities Engineer, displayed various types of traffic calming devices and briefly explained their use. He indicated that the FDOT was now involved in traffic calming and was using mazked crossings and pedestrian respite areas in the middle of wide roads for increased safety. Mayor Meserve inquired as to his recommendation for Plaza and Mr. Rao responded that Plaza was an anomaly in that the medians should provide for traffic calming. Discussion ensued and he suggested the use of flattop January 12, 2003 REGULAR COMMISSION MEETING Paee 2 speed humps or alternate street parking as options to calm traffic in that area. Commissioner Waters inquired concerning the use of a traffic circle at the five-way stop. Mr. Rao indicated that awell-engineered traffic circle was an effective traffic calming device, but its installation usually resulted in an increase in fender benders until drivers learned how to safely merge into the circle. Veterans' Park B. Presentation by Pete Dowling regarding proposed plans for Veterans Park Pete Dowling, Vice Chairman of the Northeast Florida Veterans Council, reported that after receiving input from Recreation Director Timmy Johnson, the Mayor, and Michael Hoffman, Chair of the Marsh Oaks Neighborhood Association, (the area where the park is located), a design for the park was rendered by local architect, Tat Chan. Mr. Dowling presented a preliminary budget for the project of just under $300,000. Mr. Dowling's report is attached and made part of this official record as Attachment A. Discussion of the park amenities ensued. Commissioner Parsons inquired if the proposed shelter roofs were patterned after those in the new park in 7acksonville Beach, which were designed to allow water to filter through to discourage use by the homeless. Mr. Dowling responded that they were not. Commissioner Waters inquired concerning the purpose of the serpentine wall. Mr. Chan responded that the wall separated the two areas of the pazk and provided a noise barrier between the pazk and Atlantic Boulevard to allow for a quiet, more reflective area near the flagpole in the memorial area of the park. Following discussion of the playground area, it was the consensus of the Commission to fully support the Veterans Pazk concept. Mayor Meserve indicated the need for a place to hold a military ceremony and volunteered to see if he could find donations to help with construction of the memorial pazk. Stephen Kuti of 1132 Linkside Drive said the importance of police protection was a determining factor when he moved to the City of Atlantic Beach several years ago, and expressed full support of Item 8C. He suggested pay increases halfway between the pay of the Jacksonville Sheriff s office and the city's current pay scale. To improve morale, Mr. Kuti suggested that regulaz meetings be scheduled for officers to meet with the Police Chief and Commissioners. January 12, 2003 REGULAR COMMISSION MEETING Pace 3 Janet Lambert of 314 Plaza requested that the speed humps be reinstalled on Plaza as soon as possible. Susan Perry of 179 Pine Street complained that her neighbors frequently held noisy parties that disrupted the neighborhood, where alcohol was served and open fires were built in either grills or barrels. She felt the open fires presented a serious threat to her neighborhood and inquired if they were permitted. J. P. Marchiolf of 414 Sherry Drive commented on the following: (1) Suggested the use of flattop speed humps on Plaza, (2) Education of motorists concerning pedestrian crossings, (3) Traffic on Sherry Drive and the difficulties of backing out into traffic, (4) Suggested leaving the 5-way intersection as is, and (5) Suggested the construction of wide sidewalks in the Veterans Park. 3. Unfinished Business from Previous Meeting City Manager's A. City Manager's Follow-Up Report Follow-Up Report In addition to his written report, which is attached and made part of this official record as Attachment B, City Manager Hanson reported on the following items: •:• The city would not receive state grant funding this year for construction of the skate park. It was reported that $75,000 was budgeted for the project and the Rotary Club agreed to raise $50,000 for the park, leaving a shortfall of $25,000. •:• Reported that the next Hazardous Waste Collection would be held on Saturday, Januazy 24`h in the Russell Park parking lot from 8:30 - 3:00 p.m. Consent Agenda 4. Consent Agenda Commissioner Waters requested that Items A and C be removed from the Consent Agenda for discussion. B. Award a contract to Gruhn May in the amount of $111,488.31 for Park and Mealy Street water line replacement, pursuant to the specifications of Bid No. 0304-02 (City Manager) D. Award contract to Bestcon Fence, Inc. in the amount of $38,790.96 for Security Fencing Improvements at Treatment Plants, pursuant to the specifications of Bid No. 0304-04 (City Manager) January 12, 2003 REGULAR COMMISSION MEETING Pate 4 E. Approve the purchase of two 4-inch double diaphragm pumps from Myers-Seth Pumps, Inc. at a cost of $19,750.00 pursuant to the specifications of Bid No. 0304-06 (City Manager) F. Award an annual contract to Trim-All Lawn Service in the amount of $70,440.00 for maintenance of Atlantic Boulevard medians, Town Center landscape and Mayport Road Flyover landscape pursuant to the specifications of Bid No. 0304-07 (City Manager) Motion: Approve Consent Agenda Items B, D, E and F as presented. Moved by Parsons, seconded by Waters. Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED A. Acknowledge receipt of the following monthly reports: Building Department activity reports (November and December), New Occupational Licenses, Public Works and Utilities, and Utility Sales Report (November and December) (City Manager) Commissioner Waters reviewed the activity reports from the Building Department and commented on the value of the renovations and new homes constructed in 2003. He felt the "new" money generated by the increased value could be used to fund the increases for police officers requested under Item 8C. Motion: Approve Consent Agenda Item A as presented. Moved by Parsons, seconded by Waters. Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Award a contract to Gruhn May in the amount of $85,745.00 for Rehabilitation of Sludge Tanks at Wastewater Treatment Plant No. 2, pursuant to the specifications of Bid No. 0304-03 (City Manager) Commissioner Waters inquired as to why the complete contract, including the additive altemate, was not awarded to Worth Contracting, the appazent low bidder if both the base bid and altemate were totaled together. January 12, 2003 REGULAR COMMISSION MEETING Paee 5 Utility Director Kaluzniak responded that the specifications for the additive alternate bid were not well written and it was determined that it should not be awarded at this time. New specifications will be written for the additive alternate. Motion: Approve Consent Agenda Item C as presented. Moved by Parsons, seconded by Waters. Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Resolutions 6. Action on Resolutious: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE CURRENT CONTRACT WITH BFI TO CAPITAL ENVIRONMENTAL RESOURCES, INC. (CERI) (City Manager) Motion: Adopt Resolution 04-O1. A revised Resolution was distributed to the Commissioners. City Attorney Jensen explained that the revised Resolution included reference to an Assignment and Assumption of Contract agreement, which was included as part of the Resolution. Moved by Parsons, seconded by Simmons. Votes: Aye: 4 - Parsous, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Ordinances 7. Action on Ordinances None. January 12, 2003 REGULAR COMMISSION MEETING Paee 6 Miscellaneous Business 8. Miscellaneous Business Clarification of Ciay A. Request for clarification of pervious action by the City Bennett Surfboards Commission related to aUse-by-Exception and permitted uses Use-by-Exception within the Ashland Mini-Storage Warehouses located at 1089- 1095 Atlantic Boulevard relative to Clay Bennett Surfboards, Inc. (City Manager) Community Development Director Doerr provided background information concerning how the business was approved to conduct their business in the Ashland Mini-Storage Warehouses. Her report is attached and made part of this official record as Attachment C. Discussion ensued with Commissioners Waters and Simmons expressing safety concerns associated with the manufacture of surfboards and the inconsistency with the permitted uses for the Commercial General zoning district. Commissioner Parsons pointed out that Mr. Bennett had been operating at another unit in Ashland Mini-Storage Warehouses for three years. He indicated that he had observed the business operations at the new location (Unit 29), and the additional space was being used as a showroom for the sale of the surfboards. Mayor Meserve inquired if Mr. Bennett would be able to meet the requirements of the building and fire departments to continue operation of his business in Unit 29. Community Development Doerr responded that he could meet the requirements. City Attorney Jensen advised that Mr. Bennett had been legally operating his business at Ashland Mini-Storage Warehouses for three years and was moving his operation within the same complex as anon-conforming use-by- exception, not to another location. Motion: Grant approval to continue the operation of Clay Bennett Surfboards, Inc. at Unit 29 of Ashland Mini-Storage Warehouses located at 1089-1095 Atlantic Boulevard, subiect to compliance with all Building and Fire Code requirements. Moved by Parsons, seconded by Meserve Votes: Aye: 3 -Parsons, Simmons, Meserve Nay: 1 -Waters MOTION CARRIED January 12, 2003 REGULAR COMMISSION MEETING Paee 7 8`h Street Beach Access B. Approve request from the 8`h Street Beach Access Committee Imp. Matching Funds for matching funds of 50% of the cost of improvements at 8`h Request Street Beach Access in an amount not to exceed $4,000 (City Manager) Beach Access in an amount not to exceed $4,000. City Manager Hanson explained the request and indicated that the shrubs to be planted along the walkway must be trimmed on a regular basis or they would overgrow the area. Commissioner Parsons confirmed with Parks and Recreation Director Johnson that the city would provide for annual maintenance in matching funds not to exceed $300.00 per year. Commissioner Waters indicated his support of the project, including the drip irrigation system, but emphasized that the plants must be trimmed frequently to keep the access open. Moved by Parsons, seconded by Waters Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Police Officer C. Approve staff recommendations regarding measures to Retention encourage retention of Police Officers (City Manager) Recommendations Chief Thompson provided background information concerning the retention problems of the police department and reviewed each item of his.request. A copy of his report, including a summary of recommendations is attached and made part of this official record as Attachment D. The following recommendations were made: 10% add pay for Field Training Officers (FTO's), 5% add pay for Crime Suppression Unit Members, plus a clothing allowance of $650 per person per year, 5% add pay for Evidence Technicians, and 5% add pay for SWAT Team members; the pay plan be constructed to show the City's intention to elevate pay beyond a cost of living adjustment; language be adopted establishing the "intent to provide annual pay increases in the range of 3% per year, in addition to any cost of living adjustments." Motion: Accept and enact the recommendations contained within the report in total, and briny back a coat/ of the actions with related costs. January 12, 2003 REGULAR COMMISSION MEETING Page 8 Commissioner Parsons requested that the 3% pay increase per year, in addition to any cost of living adjustments, be applied to all departments within the city and requested a report be submitted identifying those costs. It was pointed out that this action demonstrated the intent of the Commission, but it could not be immediately implemented due to the fact that it must go to the Police Union for approval. Discussion ensued. Mayor Meserve stated that he had met with members of the Police Department to discuss their problems. He stated that he supported the recommendations, but there were also other unions to deal with. City Manager Hanson agreed that the recommendations should apply to all employees and indicated that implementation of the recommendations may not cost as much as first thought due to stratification. Moved by Waters, seconded by Simmons Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Aquatic Gardens Pond D. Authorize the City Attorney to proceed with the necessary legal Lien action to acquire the Aquatic Gardens pond for the value of the city's lien against the property (City Manager) Motion: Authorize the City Attorney to proceed with the necessary legal action to acquire the Aquatic Gardens pond for the value of the city's-lien against the oraperty. There was no discussion. Moved by Parsons, seconded by Waters. Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED 9. City Manager City Manager's Report A. City Manager's Report City Manager Hanson commented on the following items from his written report: January 12, 2003 REGUL:IR COMMISSION MEETING Paee 9 •:• Reported that Paul Paloti from the Public Works Department and Vic Gualilo from the Police Department had received bonuses through the city's Bonus Program. •:• Indicated that a comparison of pay, benefits and other policies between union members and general employees was included with the report. In addition to the written report, City Manager Hanson reported on the following item: •:• Reported that the Police Department Explorer Post received a National Award of Excellence. City Commissioners/ 10. Reports and/or requests from City Commissioners and City City Attorney Attorney Reports/Requests Commissioner Simmons ~.• Reported she had observed problems with the following at construction sites: Parking, damaged landscaping, broken sidewalks, PODS, construction trailers, dumpsters, Port-o-lets, and dirt and litter in the streets. To lessen the problems, she suggested that, when pulling permits, contractors be provided with a list of rules specifying what was expected by the city during construction. Commissioner Parsons •:• Suggested using "The Count" Turtle sign at the construction site on Ocean Boulevard when the palm trees aze being moved from one side of the street to the other. •S Commented that BellSouth consistently left its construction sites in a mess. •:• Suggested that trees be planted in the medians on Selva Marina Drive to curtail damage caused by vehicles turning around, and that the azea be included in the city's tree planting program. • Expressed concern about the open fires reported on Pine Street. Commissioner Waters •:• Inquired as to the number of accidents that had occurred at the 5-way stop intersection. Chief Thompson advised that there January 12.2003 REGULAR COMMISSION MEETING Pa e 10 was a low incidence of accidents at the location for the volume of traffic. Chief Thompson stated that was no current traffic study for the intersection, but he believed between 8,000- 10,000 vehicles per day passed through the intersection. •:• Stated he had received complaints about a house located at 16`n Street and Beach Avenue, which has been under construction for two years. He indicated that no work had occurred at the site for a very long time and requested that staff look into this and report back. The Mayor •:• Reported that he had been appointed as a representative to the Super Bowl Committee. He indicated there would be an air show at the beach as part of the Super Bowl festivities. :• Suggested that asidewalk/bicycle path be installed in the medians on Selva Marina Drive since there were no sidewalks on the street. •:• Requested that the Plaza traffic calming issue be included on the next agenda for action. Commissioner Simmons requested that bicyclists be kept in mind when making a decision regarding traffic calming measures. •:• Inquired if anything could be done to prevent the accidents that recently occurred in Town Center. Chief Thompson stated that little could be done to prevent accidents caused by the combination of alcohol and a high rate of speed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:45 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk