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Minutes 1 MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, DECEMBER 9, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney 1 Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by the Mayor, was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meeting of November 25, 2002 Motion: Approve the minutes of the Regular Commission Meeting of November 25, 2002 as presented. ' 2. Courtesy of the Floor to Visitors A. Nancy Kilgo, Jacksonville Electric Authority Nancy Kilgo, Director of Local Legislative Affairs and Economic Development for the Jacksonville Electric Authority (JEA), stated they had planned to close and consolidate several smaller offices into a larger full- service facility, with extended hours, to be located on Beach Boulevard near 1 St. Johns Bluff. She indicated that since the announcement of their plans was. made, they have received numerous expressions of concern regarding the closing of the Sailfish Drive office and were re-evaluating their options. Mayor Meserve stated that he had written a letter to the JEA and expressed concern that beach residents would have to drive twelve miles to the new ' office. It was pointed out that the Sailfish Drive office handled approximately 7,500 transactions per month. A brief discussion of the options ensued. Ms. Kilgo apologized for the lack of prior notification concerning the closing of the office and assured the Commissioners that the JEA would keep the lines of communication open as the various options were evaluated. v v 0 0 T T E E S S M S 0 E T C I O Y O N E N N D S Q COMMISSIONERS BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X ~7 n G' u 1 Minutes Page -2- December 9, 2002 Stephen Kuti of 1132 Linkside Drive stated that he was not opposed to skateboard parks, but was concerned about potential lawsuits. He urged the Commissioners to carefully consider the liability issue when making their decision. Mr. Kuti was opposed to the city taking over water and sewer services for Mayport Naval Station (Item 8B) due to the potential for having to handle and dispose of hazardous materials, which is very costly. Carson Merry Baillie of 1923 Beach Avenue complimented the City Commission on Bull Park playground area and the Adele Gr_age Cultural Center renovations. George Maida of 884 East Coast Drive felt it would be more convenient for both parties to have a longer contract and requested consideration for an extension of the Atlantic Beach Experimental Theater (ABET) contract from one year to ten years (Item 8C). 3. Unfinished Business from Previous Meetings A.. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson commented on each item of his written report, which is attached and made part of this official record as Attachment A. Trim All Contract ' Reported that the City of Neptune Beach agreed with the proposed extension of the contract and would reimburse the city for their portion of the Mayport Road flyover landscaping maintenance (Item 4B). ' Maintenance of the New Mayport Road Retention Pond Discussion of maintenance of the new Mayport Road retention pond ensued. It .was the consensus of the Commission to negotiate with the FDOT to include the retention pond in the city's maintenance agreement. It was felt this would be the only way to keep the pond up to city standards. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building, Occupational Licenses, Public Safety and Public Works Departments B. Approve extension of Trim all contract for landscape maintenance of Atlantic Boulevard medians, Town Center and OMMISSIONERS M O T I O N S E C 0 N D Y E S N O r J i i~ r~ L Minutes Page -3- December 9, 2002 1Vlayport Road flyover landscaped areas at an annual cost of $35,760 (Bid No. 0001-5) (City Manager) Motion: Approve Consent Agenda Items A & B as presented. Commissioner Waters felt the palms in the Atlantic Boulevard medians had been trimmed too severely and asked Commissioner Beaver for~his opinion. Commissioner Beaver agreed and stated that it would be better to use a 9-3 cut when trimming the trees. The motion carried unanimously. 5. Committee Reports: A. Report from Tree Conservation Board -Barbara Mears Barbara Mears, spokesperson for the Tree Conservation Board, briefly outlined the duties of the Board and indicated that the Board reviewed ninety-seven applications during the past year. Ms. Mears reported that there was $38,000 in the tree fund, and the Board was searching for a landscape architect to advise them concerning appropriate species for planting in various areas of the city. She further indicated that the Board was pleased that a historical tree ordinance had been established and stated that the Board was working to create a new application form and to identify "specimen" trees in the city. Ms. Mears reported that Crepe Myrtles were no longer being accepted for mitigation. The Mayor and Commissioners thanked the Board Members for their service and suggested they look into some way to prevent clear cutting of lots or removal of large trees, like those recently removed from McDonalds. Commissioner Borno felt a construction permit should not be issued until the tree permit was obtained and suggested levying fines of $50,000 if trees are removed without a permit. Commissioner Waters suggested the board consider fines and banning developers from doing future development in the city if they violate the tree ordinance. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances:. OMMISSIONERS M O T [ O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X I~ ~~ iJ t Minutes Page -4- December 9, 2002 A. Ordinance No. 5-02-40 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 1, GENERALLY, SECTION 2-226, HOLIDAY SCHEDULE, TO ADD CHRISTMAS EVE, DECEMBER, 24TE;, AS A HOLIDAY (City Commission) Motion: Approve Ordinance No. 5-02-40 on final reading. Mayor Meserve opened the floor for a public hearing. No one wished to speak and the public hearing was closed. Commissioner Waters commented that. granting Christmas Eve gave employees two weeks of paid holidays, which he felt was very generous. There was no discussion and the motion carried unanimously 8. Miscellaneous Business: A. Board/Committee Appointments Cultural Arts Si Recreation Committee (1) Community Development Board (1) Mayor Meserve nominated Steve Piscitelli for appointment to the Cultural Arts and Recreation Committee and nominated Bob Frohwein for reappoint to a further four-year term on the Community Development Board. Motion: Appoint Steve Piscitelli to the Cultural Arts and Recreation Committee and reappoint Bob Frohwein to a four-year term on the Community Development Board. There was no discussion and the motion carried unanimously. B. Award contract to Gannett Fleming in the amount of $124,365 for technical proposal and price proposal preparation for privatization of water and server for Mayport Naval Station and authorize the City Manager to sign the contract documents (City Manager) Motion: Award contract to Gannett Fleming in the amount of $124,365 for technical proposal and price proposal preparation for privatization of water and server for Mayport Naval Station and authorize the City Manager to sign the contract documents. 1 Mayor Meserve felt that due to its location, the City of Atlantic Beach was the natural entity to provide the water and sewer service to the Navy base. ONIMISSIONERS M O T I O N S E C 0 N D Y E S N 0 BEAVER X X BORNO X PARSONS. X WATERS X X MESERVE X BEAVER X BoRNO x PARSONS X WATERS X X MESERVE X X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X 1 Minutes Page -5- December 9, 2002 There was no discussion and the motion carried unanimously. C. Approve contracts with Atlantic Beach Athletic Association, Atlantic Beach Experimental Theater (ABET) and Tennis Instructor Sandra Phillips for use of city facilities and authorize the City Manager to sign the contract documents (City Manager) Motion: Approve contracts with Atlantic Beach Athletic Association, Atlantic Beach Experimental Theater (ABET) and Tennis Instructor Sandra Phillips for use of city facilities and authorize the City Manager to sign the contract documents. Discussion ensued concerning a longer contract for ABET and Mayor Meserve suggested a three year contract. Amendment to the motion: Approve a three year contract for ABET. Discussion ensued concerning revisions to the contract during the three- yearperiod. City Manager Hanson suggested including a clause in the contract to allow an annual review and revisions, if needed. There was no further discussion and the amendment to the motion and main motion carried unanimously. D. Waive the City Code and approve the donation of eligible bicycles from the Police Department to charitable organizations for distribution to needy children (City Manager) Motion: Waive the City Code and approve the donation of eligible bicycles from the Police Department to charitable organizations for distribution to needy children. Chief Thompson reported that between fifty and seventy bicycles would be donated to charitable organizations. ' There was no discussion and the motion carried unanimously. E. Discussion and related action regarding proposed ordinance to amend utility service charges (City Manager) City Manager Hanson explained that the utility service charges had not been increased since 1992 and referenced a Staff Report prepared by Finance Director VanLiere indicating the new charges, which will allow the city to break even on the services provided. The staff report dated OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -6- December 9, 2002 November 27, 2002 is attached and made part of this official record as Attachment B. Commissioner Beaver felt the proposed charge of X20.00 for customer requested re-reads was too. high. City Manager Hanson explained that if the city was found in error, there would be no charge. 1 Motion: Place Ordinance No. 80-02-66 on the agenda of the January 13, 2003 Commission Meeting for first reading. There was no further discussion and the motion carried unanimously. 9. City Manager II City Manager's Report City Manager Hanson briefly reviewed the following items of his written report: Christmas Lights Explained that no lights were installed on Atlantic Boulevard between Seminole Road and Town Center because the poles were too close to the road and installation of the decorations could have caused a traffic hazard. Consideration will be given next year to installing the decorations on the opposite side of the pole. Polymer for Wastewater Treatment City Manager Hanson explained the problems and increased costs associated with using the polymer supplied by the' low bidder, Ondeo Nalco. He further explained that the city had worked with the company, but the continued use of the product caused upsets of the biological treatment process. City Manager Hanson suggested that the city consider the polymer provided by I:eachem, Inc. to be a sole source product exempt from the bid process so the city could go back to using their product, since Leachem's polymer had been used for a number of years with no adverse effects. There were no objections to the suggestion. Recreation Fee Schedule The City Manager referenced a schedule of recreation fees and suggested that an ordinance be drafted to incorporate the charges into the city code. OMN[ISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO ~: X PARSONS X X WATERS X MESERVE X Minutes Page -7- December 9, 2002 In addition to the written report, City Manager Hanson commented on the following items: Joint Beach Utility Study The City Manager reported that the other beach cities had approved the study and each city would pay one-third of the costs. Joint utility billing and meter reading will be studied. J Welcome Sign City Manager Hanson stated that to resolve the problem of placement of the sign, it had been suggested that a joint "Welcome" sign be.placed in the triangle on the Neptune Beach side of the flyover. He indicated that Tat Chan was working on a design of the sign and it would be presented at a future Commission Meeting. Rental Fee for Use of City Orvned Property as a Parking Lot City Manager Hanson suggested charging $500.00 per month rental fee, to be split between two businesses located on West ls` Street, that are using city property for parking. City Manager Hanson indicated that he would negotiate a rental fee agreement with the businesses and bring it back at a future meeting for Commission consideration. There were no objections. Workshop Meeting City Manager Hanson stated that he would like to schedule a workshop meeting for 5:00 p.m. on January 13, 2003 to discuss CDM's Stormwater Report concerning Aquatic Drive drainage area and the completed Water/Sewer Rate Study. There were no objections to holding the workshop prior to the next regular meeting. 10. Reports and/or requests from City Commissioners and City Attorney 1 Commissioner Waters • Inquired if the city had tried to make the less expensive polymer work. Utility Director Kaluzniak indicated that the city had tried various things to make it work, but it continued to upset the biological treatment process of the plant and caused additional operating costs. OMMISSIONERS M O T I O N S E C O N D Y E S N O u Minutes Page -8- December 9, 2002 Commissioner Beaver • Suggested that the city amend its palm tree trimming specifications to a 9-3 cut and to remove the seed pods. •:• Commended the Core City Project contractor and his employees for the courteous and professional manner in which they are conducting the project. • Reminded everyone of the opening of the Adele Grage Cultural Center on Thursday, December 12`h at 6:00 p.m. and commended the architect and contractor for their work on the project. Commissioner Borno • Inquired if the Historic Home Survey had been completed in • Inquired if someone had responded to Mr. Storn's letter regarding a construction project near his home. City Manager Hanson indicated that Building Official Ford had responded to Mr. Storn. • Volunteered to work with the City of Jacksonville on the upcoming beach renourishment project. ' •'• Reported he would miss, the-next Commission Meeting as he will be in Japan. Commissioner Waters Atlantic Beach and was advised it had not been completed. ' • Reported that two streetlights were out on Seminole Road and inquired concerning the procedure to report them. Chief Thompson stated that Police Department does monthly surveys of the lights and reports its findings to the JEA. • Inquired concerning the rights-of--way measurements for the ' drainage ditches in Aquatic Gardens subdivision. • Requested a map of the Aquatic Gardens area drainage basin, and stated that he needed the map to better understand how the system works. •'• Inquired if trimming the palm trees could be timed to leave the fruit on the trees a little longer than in the past. Commissioner Beaver stated that it was possible to do so. OMMISSIONERS M O T I 0 N S E C 0 N D Y E S N O 1 Minutes Page -9- December 9, 2002 Mayor Meserve • Reported the final meeting on the Kennedy overhaul would be held on Wednesday morning at 9:30 a.m. in the Commission Chambers. fl He stated that the stacking lane for Gate 5 to the base was completed, and traffic problem caused by the traffic light sequencing on Mayport Road was being addressed, but remained a problem. Mayor Meserve further reported that when the overhaul project begins, 2,000-2,500 extra vehicles would be using Mayport Road, and all options to handle the increased traffic are being considered. Commissioner Parsons • Provided information concerning proposed new bus routes, which might help alleviate some of the traffic problems. He further stated that Gate 7 would be opened and additional parking spaces were being sought from the City of Atlantic Beach. Commissioner Waters • Felt an ordinance should be drafted requiring that property be replatted before allowing it to be split up. • Felt the State Legislature should do more to protect municipalities relative to skateboard park liability. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 8:40 p.m. Discussion of the potential traffic problems ensued. City Manager Hanson indicated that he had offered the use of the Wastewater Treatment Plant #4 parking lot. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C 0 N D Y E S N O