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MinutesMINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON TUESDAY, NNE 9, 2003 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Paul Parsons Dezmond Waters, Commissioners AND: Jamc;s Hanson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney 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 May 27, 2003 Motion: Approve the minutes of the Regular Commission Meeting of May 27, 2003 as presented. The motion. carved unanimously. 2. Courtesy of the Floor to Visitors A. Bill Wilson, representing Builders Care, anon-profit organization of the Northeast Florida Builders Association, providing construction services to low-income, elderly aad special needs citizens Bill Wilson, President of the Northeast Florida Builders Association, explained that Builders Caze was the association's community service initiative that allowed members to use their construction skills to provide services to low-income, elderly citizens. He reported that the group had made over 300 renovations during the past three yeazs. Mr. Wilson requested the city's support to perform the Community Development Biock Grant :Program funded housing rehabilitation services for the city (Item SE). v v o O T T E E S S M S O E T C ] 0 Y O N E N N D S Q COMMISSIONERS BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -2- June 9, 2003 Bob Totter of 275 11`h Street Mr. Totter commented on the following items: (1) Suggested that the matter of voting districts be: placed on the October 2003 ballot, and (2) Opposed the city pursuing the utility privatizing of Naval Station Mayport and inquired as to the city's authority to buy something outside of its city limits. He thought this matter was too speculative and would not benefit the citizens of Atlantic Beach. Alan Potter of 374 Second Street commented on the following items: (1) Indicated the switchgears mentioned under Item 4B were 35 years old, not 60 years old as indicated in the report and did not need to be replaced, (2) Believed Item 8D - Phase A of the Hopkins Creek Basin Retention Pond Project, if etpproved, would be a waste of money since the problem could be resolved by unblocking the existing culvert, and (3) Opposed Item 8B -Utility Privatization of Naval Station Mayport and stated he believed the city lead no authority to purchase the Navy utility system. Steve McGuire of 32810`"' Street felt the Police Department report relative to speeding on 10th Street was based on inaccurate information and requested that the equipment be recalibrated, the speeding study repeated and consideration given to installing speed bumps on 10th Street based on the new information. Chief Thompson stated that the Police Department had placed equipment on the street to re-evaluate the speeding and the equipment had been vandalized. He indicated I:hey were still working on a revised study. Pat Pillmore of 995 Camelia Street stated the City of Jacksonville would be considering the proposed land use change requested by Wa1Mart for the property on Mayport Road the following day and suggested residents attend the meeting to voice their opinion. Don Remley of 1309 Violet Street noted that the silt removed during a recent drainage ditch cleaning in Aquatic Gardens had been piled up along the edge of the ditch and inquired if it should be hauled away. Public Works Director Kosoy responded that the silt would be placed on the edge of the ditch, and sodded to stabilize the ditch walls and prevent collapsing. Alan Dickinson, Developer of the North Beach Center on Atlantic Boulevard, thanked the Commission for reconsidering his request for a waiver from the sign regulations during the Workshop meeting preceding the Commission Meeting. OMMISSIONERS M O T I O N S E C O N D Y E S N O ]Ylinutes Page -3- ;fune 9, 2003 Curt Sanders of 2320 Barefoot Trace requested the Commissioners consider passage of an ordinance, similar to the one recently passed by the City of Jacksonvil]e, requiring helmets and protective padding for all children under the age of seventeen who skateboard or in-line skate. J.P. Marchioli of 414 Sherry Drive commented on the following items: (1) Expressed displeasure v/ith the water being pumped on Sherry Drive during construction, (2) Opposed construction of the Wa1Mart store on Mayport Road, (3) Reminded the Commissioners of Rule #4 in the City Charter for conduct of a meeting, (4) Reiterated his position that stop signs placed along Sherry Drive would calm traffic and divert it to other streets with signals on Atlantic Boulevard, (5) Reminded the Commissioners of his suggestion to pass an ordinance requiring "both hands on the steering wheel", (6) and opposed Item 8B -Utility Privatization of Naval Station Mayport. Sally Clemens of 1638 Park Terrace West stated she would like to know each Commissioner's position on the land use change requested by WalMart. Kirk Farber of 331 10`~ Street, who was instrumental in getting the petition signed requesting speed bumps on 10`" Street, stated he would like the Commissioners to reconsider the request due to the on-going safety issue for the fourteen children living on the street. 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report on issues from previous meetings City Manager Hanson reported on each item of his written report. The City Manager's follow-up report is attached and made part of this official record as Attachment A. Beach Access Signs Oceanside Commissioner Pazsons stated he would like to retract his previous request to install street signs on the ocean-side at each beach access. He also requested that the signs installed concerning dune protection be removed from the top of the dunes. He suggested that the gazbage cans located at the street ends be repainted to include the street names. Hosting a Northeast Florida League of Cities Meeting City Manager Hanson reported that meetings for the next several months were booked, and the next meeting needing sponsorship was Mazch 2004. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- June 9, 2003 A brief discussion ensued and Commissioner Waters suggested the three beach cities co-sponsor a future meeting. If that did not work out, he requested that the City of Atlantic Beach sponsor the meeting. There were no Commission objections. B. Action on a request from Alan E. Dickinson for a waiver from the sign regulations in conjunction with redevelopment of a commercial property at 725 Atlantic Boulevard (North Beach Center) Mayor Meserve recapped the discussion at the Workshop and indicated the Commission was recommending some minor modifications to the sign ordinance that would provide options for Mr. Dickinson. Mayor Meserve advised Mr. Dickinson to meet with Community Development Director Doerr concerning the sinage for his project. 4. Consent Agenda Commissioner Beaver requested that Item 4B be removed from the Consent Agenda and Commissioner Borno requested that Items 4A and 4C be removed from the Consent Agenda for discussion. D. Authorize the Mayor to execute Interlocal Agreement with amendments to Exhibit A, as previously adopted by Resolution No. 03-04 (City Manager) Motion: Approve Item 4D as presented. There was no discussion acid the motion carried unanimously. A. Acknowledge monthly reports: Occupational Licenses, Public Works and Utility Departments (City Manager) Commissioner Bomo noted under Item 3 comments listed in the Public Works and Utility Departments report concerning standing water that cannot be redirected without major work on Mayport Road and inquired if something would be done about this problem. Public Works Director Kosoy indicated that during the fmal inspection, it was determined nothing could be done about the problem without major work on Mayport Road. He indicated that he had been monitoring the standing water after recent storms, and it was not causing any significant problem at this time. Public Works Director Kosoy further reported the road had been improperly striped at the intersection, directing traffic into the wrong lane, and he was working with the J'CA to get it conected. OMMISSIONERS M O r I O N S E c O N U Y E S N 0 BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -5- 7 une 9, 2003 B. Authorize staff to purchase the Electrical Switchgear and Supplies for Wastewater Treatment Plant No. 1 (Bid No. 0203-16) from Rexel Consolidated Electric Supply in the amount of $33,390 (City Manager) Utilities Director Kaluzniak explained that staffwas requesting authorization to purchase the electrical switchgear and supplies for Wastewater Treatment Plant No. 1 as part of a preventative maintenance program. She indicated that much of the electrical equipment was very old, in poor condition and some components did not meet code. It was further reported that in an emergency situation, parts would be difficult to obtain and she wanted to avoid emergency outages of critic;a] equipment. C. Acknowledge receipt of report on Animal Control Enforcement/Complaints (City Manager) Commissioner Bomo thanked Chief Thompson for the report and inquired concerning the collection of unpaid citations. Chief Thompson explained the past procedure and indicated they could be pursued through appeazance before the city's Code Enforcement Board. Fines and penalties were discussed. Commissioner Waters believed there should be stiffer penalties for unleased dogs. Chief Thompson indicated he would look intro that section of the code and bring options back to the Commission. Commissioner Parsons inquired if the fines were adequate. Chief Thompson thought they were adequate for first offenses. Consent Agenda Items A-C were received and acknowledged as presented. 5. Committee Reports: Tree Board Bazbaza Meazs, Chair of the Tree Boazd, updated the Commission on the activities of the Tree Board as follows: (1) During the past year the board reviewed thirty-three applications, (2) Conducted two Special Called Meetings, (3) Created a simplified tree removal application form, (4) Defined a tree barricade, (5) the Board was currently working on a "Champion Tree" definition and list, (6) the Boazd would like to recommend a list of three certified azborists for use by residents, and (7) Commented that the Board would like to arrange for tree barricade inspections to be done prior to footing inspections. OMMISSIONERS M O T I O N 5 F C O N D Y E S N O :Minutes Page -6- June 9, 2003 Commissioner Waters stated there was a flaw in the city's Tree Ordinance, which allowed a property owner, after living in his home for one year, to be able to cut down any tree on his property. He stated the City of Jacksonville Beach's Tree Ordinance was written to prevent this and suggested the Board look at their ordinance. 6. Action on Resolutions: There was no action on Resolutions. 7. Action on Ordinances: A. Ordinance No. 57-03-21 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, REPEALING CERTAIN SECTIONS OF CHAPTER 15, POLICE, ARTICLE II, DISPOSITION OF CONFISCATED OR LOST PROPERTY, OF'THE ATLANTIC BEACH CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. It was pointed out that language was included in the ordinance to provide that Florida State ,Statutes would govern the disposition of confiscated or lost property. Motion: Approve Ordinance No. 57-03-21 on final reading. There was no discussion and the motion carved unanimously. B. Ordinance No. 70-03-15 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 19, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES OF THF. ATLANTIC BEACH CODE OF ORDINANCES, TO REGULATE THE INSTALLATION OF TRAFFIC CALMING DEVICES AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only and opened the floor for a public hearing. Bob Totter of 275 11`n Street felt "traffic safety hazazd area" should be defined in the ordinance. No one else spoke and the Mayor closed the public hearing. OMMISSIONERS M O T I 0 N S E C O N U Y E S i N O BEAVER X BORNO X PARSONS X X WATERS X X MESERVE X i it ]Ylinutes Page -7- June 9, 2003 Motion: Approve Ordinance No. 70-03-15 on final reading. There was no discussion and the motion carried unanimously. C. Ordinance No. 20-03-17 Introduction & First Reading AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20-59, SCHEDULE OF FEES, PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title only and stated the public hearing and final reading would take place on June 23, 2003. Motion: Approve Ordinance No. 20-03-17 on first reading. Commissioner Waters inquired concerning calculation of the fees listed in the ordinance. City Clerk King explained they were rounded to the even lower figure for ease in computing any late chazges. There was no further discussion and the motion carved unanimously. D. Ordinance No. 20-•03-60 Introduction & First Reading AN ORDINANCE', AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR'CHE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003 Motion: Approve Ordinance No. 20-03-60 on first reading. Mayor Meserve read the ordinance by title only and stated the public hearing and final reading would take place on June 23, 2003. 8. Miscellaneous Business: A. Provide staff with direction regarding automatic removal for absences and rotation of Chairmen of City Boards and Committees The Commissioners reviewed a resolution and draft ordinance, establishing terms and terrn limits for the three boards and one committee serving the city. City Manager Hanson noted that no OMMISSIONERS M O T [ O N S Ei C O N D Y E S N O BEAVER X BORNO X X PARSONS X WATERS X MESERVE X X BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -8- June 9, 2003 limits were set on the length of time a person may serve as the Chair of a board or committee. Discussion of the revisions ensued and it was the consensus of the Commissioners that language covering the following be incorporated into the resolution and ordinance: (1) Consistent language throughout the city code relative to terms and term limits, (2) That staggered terms be defined by reference to years, (3) Three unexcused absences at regularly scheduled meetings will result in automatic removal from thE; boazd/committee, (4) The boazd/committee will elect its own Chair, (5) The Chair maybe reappointed to the position within the length of his term, and (6) Clarification that a person may serve on a boazd/committee again, after serving a full eight-year term (sit out one year and then request reappointment). The Mayor directed the City Manager to bring back an amended resolution and ordinance to the June 23`d Commission Meeting for further review. B. Authorize the Mayor to sign the transmittal documents and authorize staff to submit the Economic/Price Proposal (Volume I) and Technical Proposal (Volume II) for Utility Privatization of Naval Station Mayport (City Manager) Motion: Authorize the Mayor to sign the transmittal documents and authorize staff to submit the Economic/Price Proposal (Volume I) and Technical Proposal (Volume II) for Utility Privatization of Naval Station Mayport. Commissioner Beaver stated that each Commissioner had met with the City Manager and Utility Director Kaluzniak to go through the proposal prepared by Gannett Flemming. He indicated that it was thought that if the city won the contract, it would provide an opportunity to bring additional revenue to the city by providing water and sewer services to Naval Station Mayport. Jeff Stamm of Gannett Fleming, presented an overview of the Economic/Price and Technical Proposals being submitted to the U.S. Navy. The total purchase price for the base facilities, the annual operating and maintenance costs, and the operating mazgin were reviewed in detail. (A copy of the Economic/Price Proposal (Volume I) and the Technical Proposal (Volume II) for the Utility Privatization of Naval Station Mayport are on file in the Office of the City Clerk). OMMISSIONERS M O T I O N S F, C O N U Y E S N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X I Minutes Page -9- June 9, 2003 Commissioner Waters inquired if taxpayer dollazs would be expended to purchase the utility system. City Manager Hanson indicated no tax dollazs would be spent. Commissioner Bomo inquired concerning a timeline for the privatization process. Mr. Stamm indicated the following: (1) 7 months for review by the Navy to amve at a short list of firms, (Z) 12 months for due diligence, (3) 6 months to make the final selection of a contractor, acid (4) 6 months for the transition. Mayor Meserve believed all necessary steps had been taken to protect the city from risk by submitting a conservative proposal that was fair and included the potential to bring revenues to the city. He noted the city already provided water/sewer service to the Navy's off-base housing. Mayor Meserve also stated. that he could see a downside to the transaction since the city would be bidding against other major companies, including the Jacksonville Electric Authority (JEA). He stated the city would be buying an old system built in the 1940's when no records were kept., and no one really knew the condition of the system. He believed the city might end up spending a great deal of money and staff time to operate a system that provided only a small amount of profit for the city. Mayor Meserve felt the city was not competitive with its $8.10/1000 gallons proposed fee for water and sewer service, and he would have to oppose going to the next phase if the city was on thl; short list. He felt the city could not compete with the (JEA) when it came to the bottom line figure. Commissioner Borno agreed, but believed the city could walk away if it would cost too much. Commissioner Beaver suggested that workshops be held to discuss the matter further if the city goes to the next phase. There was no more discussion and the motion carved unanimously. C. Authorize staff to negotiate a contract with Camp, Dresser & McKee for an effluent copper mixing zone study (RFP#0203-07); if a satisfactory price cannot be agreed upon, authorize staff to negotiate with the second most qualified firm, Key Solutions, Inc./Stone, Joca & Mahoney (City Manager) Motion: Authorize staff to negotiate a contract with Camp, Dresser & McKee for an effluent copper mixing zone study; if a satisfactory price cannot be agreed upon, OMMISSIONERS M 0 T I O N S Ei C O N U Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X i MESERVE X Viinutes Page -10- lune 9, 2003 authorize staff to negotiate with the second most qualified firm, Key Solutions, Inc./Stone, Joca & Mahoney. Commissioner Borno referenced paragraph four of the staff report and inquired concerning the cost of the study and budget for the project. City Manager Hanson explained the budget and mixing zone study requirements. 'Che Utility Director's staff report is attached and made part of this official record as Attachment B. Commissioner Waters inquired if the river could be used as the mixing zone. Utility Director Kaluzniak responded that she was confident the city could use the river as its mixing zone since others up and downstream do so. There was no more discussion and the motion carried unanimously. D. Award a contract for Phase A of the Hopkins Creek Basin Retention Pond Project to Camp, Dresser and McKee in the amount of $42,022 (RFP#0203-04) (City Manager) Motion: Award a contract for Phase A of the Hopkins Creek Basin Retention Pond Project to Camp, Dresser and McKee in the amount of $42,022. Mike Schmidt of Camp, Dresser and McKee was present to answer questions. Commissioner Parsons inquired if construction of the retention pond would provide relief from flooding in the Aquatic Gazdens azea. Mr. Schmidt indicated that the Phase A storage option would meet environmental requirements, would provide protection from flooding of the first floor of residences and would keep roads passable. Discussion of the site of the retention pond and the Hopkins Creek drainage basin ensued. There was no more discussion and the motion carried unanimously. E. Authorize the City Manager to execute an agreement with Builders Care in an amount not to exceed $20,000 for CDBG housing rehabilitation at 805 Bonita Road, 320 Dudley Street and 355 Skate Road; waive the bidding requirements for this work in accordance with Section 2- 236(1) of the City Code (City Manager) OMMISSIONERS M O T I O N S E C O N U Y E S N O BEAVER X BoRNO x x PARSONS X WATERS X X MESERVE X I I Tvlinutes Page -11- June 9, 2003 Motion: Authorize the City Manager to execute an agreement with Builders Care in an amount not to exceed $25,000 for CDBG housing rehabilitation at 805 Bonita Road, 320 Dudley Street and 355 Skate Road; waive the bidding requirements for this work in accordance with Section 2-236(1) of the City Code. Community Development Director Doerr indicated that the funding had been increased to an amount not to exceed $25,000 due the addition of the third home located at 355 Skate Road. There was no discussion and the motion carried unanimously. F. .Authorize the City Manager to sign the annual Accounting and Retention Agreement with Blue Cross Blue Shield of Florida (City Manager) Motion: Authorize City Manager to sign the annual Accounting and Retention Agreement with Blue Crass :Blue Shield of Florida. There was no discussion ar.d the motion carried unanimously. 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: Taxable Value Increase •:• The City Manager reported that the city's taxable value increased approximately 11% from $830M to $918M, with 70% of the increase due to reappraisals and 30% from new construction. Pocket Park by the Flyover • Recreation Director Johnson reported that the small playground for the pazk would be installed with late August as the completion date. Mr. Johnson indicated that $20,000 had been budgeted for the project. He reminded the Commissioners that the park needed to be named. OMMISSIONERS M O r I O N S Y c U N P Y E S N O BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X lvlinutes Page -12- ;fune 9, 2003 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Stated he was very pleased with the effectiveness of the new storm drainage installed so far in the Core City Project • Inquired concerning a letter received from Dominick Bisbano listing several code enforcement issues. City Manager Hanson indicated Mr. Bisbano was not able to attend this meeting and he had not included this matter as an agenda item. No staff action regarding the issues listed in Mr. Bisbano's letter was requested by the City Commission. Commissioner Borno • Reported there were seventeen turtle nests on the area beaches. ~.• Inquired if the city could put the radaz sign on I0`h Street and Chief Thompson responded that the radar unit did not belong to the city, but he would look into it. Commissioner Parsons • Reported that BEAM (Beaches Emergency Assistance Ministries) was in need of funding and requested consideration of a }~eazly donation of $1,500 - $2,000. Commissioner Waters 4. Opposed constmction of the Wa1Mart Super Center on Mayport Road and stated he was opposed to rezoning residential property for a commercial purpose. He suggested the city adopt a resolution similar to the one recently adopted by the City of Neptune Beach opposing the store. Commissioner Parsons concurred. Commissioner Bomo noted that the wetlands on the property needed to be protected. Commissioner Waters stated that he would meet with the City Manager to draft the resolution and bring it back at the next meeting. :• Suggested the city adopt an ordinance requiring skateboazders to weaz helmets. OMMISSIONERS M O T I O N S E C O N D Y E S N 0 f~linutes Page -13- June 9, 2003 •: Reported that he haci requested staff to look into how repeat code violators could. be handled through the Code Enforcement Deparl:ment. Mayor Meserve • Reported he had bee;n appointed to the BRAC Committee to study military base closures. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 10:20 p.m. Attest: Maureen King Certified Municipal Clerk John Meserve Mayor/Presiding Officer OMMISSIONERS M O r 1 O N S E c O N D Y E S N O