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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 MONDAY, AUGUST Il, 2003 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 Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner. Parsons was followed by the Pledge of Allegiance to the Flag. Mayor Meserve recognized Jacksonville Council Member Art Graham and members of Boy Scout Troop 37 who were in the audience. Approval of the minutes of the Regular Commission meeting of July 28, 2003 Commissioner Borno requested that the second paragraph on Page 8 of the minutes be amended to reflect that the committee he is serving on is called the Atlantic/San Pablo Park and Ride Lot Advisory Group. Motion: Approve the minutes of the Regular Commission Meeting of July 28, 2003 as amended. The motion carried unanimously. 2. Courtesy of the Floor to Visitors Dick Hilliard of 338 l1`h Street pointed out he had previously reported a problem with the curbs on Sherry Drive and indicated that the primary contractor for the project installed the curbs too low at Second and Fourth Streets which caused the storm drains to be installed in the area of the handicapped sidewalks. He noted that two other areas on Sherry Drive were still experiencing ponding, caused by curbs being installed too low, and he felt the installation of the final layer of asphalt would not solve the problem. Mayor Meserve indicated that staff was aware of the problem and his concerns were being addressed. V V 0 O T T E E s s M S O E T C I O Y O N E N N D 5 O COMMISSIONERS BEAVER X BORNO X PARSONS X X WATERS X X MESERVE X Minutes Page -2- August 11, 2003 J.P. Marchioli of 414 Sherry Drive spoke concerning the following: (1) Speeding on Sherry Drive and an the accident that occurred in front of his house he believed was caused by speeding, (2) Hay bales located at various catch basins, which were breaking up and could block them, (3) Suggested the Commission consider raising the millage rate rather than increasing water and sewer rates, and (4) The importance of directional signs for city pazks. Richard Alan of 320 8th Street reiterated his position relative to the motives for 7`h Street Beach Access beautification project, and requested that the city provide better notification concerning future projects. He suggested posting a sign on the property as a method of additional notification. Dorothy Kerber of 3651St Street believed the YMCA (Item 4D) should be charged the same fees as other organizations that rent the Adele Grage Cultural Center. Curtis Sanders of 2320 Barefoot Trace reported that the Town of Ponce Inlet had adopted an ordinance regulating rental properties. The ordinance was written by James Nichols, a professor of Law and Urban Planning at the University of Florida. He believed the City of Atlantic Beach should adopt a similar ordinance and suggested that a workshop be held to discuss regulation of rental properties. Sally Clemens of 1638 Park Terrace West believed that quality of life issues should be addressed by the city, but it was more important to reduce debt. She believed the city should get back to basics, and it would pe helpful to citizens if an explanation of the city revenues and expenditures was posted on the city website. Alan Potter of 374 Second Street spoke_ in opposition to any proposed water and sewer rate increases. Sandy Forsyth, owner of Aqua East Surf Shop, thanked the Commissioners for their commitment to build a municipal skate park and presented the city with a check for $5,000 to use toward the construction costs. Mayor Meserve thanked Mr. Forsyth for his generous donation. 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- August 11, 2003 City Manager Hanson commented on several. items in his written report, The report is attached and made part of this official record as Attachment A. Complaint of Utility Bill Due Dates City Manager Hanson reviewed bill payment options and indicated other options could be discussed. Commissioner Waters suggested that the City Manager be given the latitude to make special allowances to waive late fees for customers who have a good payment record. B. Authorize staff to install a bike rack at 7~h Street Beach Access Motion: Authorize staff to install a bike rack at the 7tn Street Beach Access. Mayor Meserve stated that it was never the city's intent to keep information about this or any project from citizens and that the Commission is dedicated to preserving all beach accesses. He further stated that the beautification program was developed to improve and beautify areas of the city and since the program began, many areas had benefited. Commissioner Beaver stated that he had visited the 7`" Street access, and noted that it was possible to relocate junipers and resod the area to provide additional space for the public to walk on the grass to view the beach. He felt that it was very important to notify the public of future beautification projects. Commissioner Waters agreed with Commission Beaver that better notification was necessary. There was no further discussion and the~motion carried unanimously. C. Report regarding maintenance of undeveloped lots Code Enforcement Officer Sherrer reported on the number of complaints received concerning overgrown lots and the procedure used to bring properties into compliance within the existing city code. He recommended that no changes be made to the code. A copy of the report is attached and made part of this official record as Attachment B. Discussion ensued. It was the consensus of the Commission to accept the recommendation. 4. Consent Agenda OMMISSIONERS M 0 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 Minutes Page -4- August 11, 2003 Commissioner Borno requested that Item D be removed from the Consent Agenda for further discussion. A. Acknowledge receipt of new occupational licenses issued in July 2003 (City Manager) B. Approval of contract with Atlantic Coast Janitorial Service for the remainder of this fiscal year (City Manager) C. Accept the bid of Brooks and Limbaugh Electric Company for Electrical Troubleshooting, Repair and Installation pursuant to the specifications of Bid 0203-21 (City Manager) Motion: Approve Consent Agenda Items A-C as presented. There was no discussion and the motion carried unanimously. D. Grant approval for the YMCA to use Adele Grage Cultural Center for an after school program (City Manager) Motion: Approve Consent Agenda Item D as presented. Commissioner Beaver expressed concern that the YMCA's use of the building from 2:00 - 6:00 p.m., Monday through Friday, prevented others from using the building. He inquired concerning the maximum number of children participating in the after school program, and thought this may not be an appropriate use of the building. Parks and Recreation Director Johnson responded that between thirty and forty children could participate in the program. He stated that the YMCA would cleanup the building and would be out by 6:30 p.m. Commissioner Waters stated that he was glad to see that the city's three community centers were being so well used. He felt the YMCA's program would not impact the public's use of the building since they would be out by 6:30 at the latest. He felt the YMCA after school program would provide a good service for the children of Atlantic Beach. OMMISSIONERS M O T I O N S E C O N D Y E S I ~I 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 Minutes Page -5- August 11, 2003 Discussion of a contract ensued and Pazks and Recreation Director Johnson indicated that the contract would be for one school calendar year. There was no more discussion and the motion carried unanimously. 5. Committee Reports: 6. Action on Resolutions: 7. Action on Ordinances: 8. Miscellaneous Business: A. Public Hearing and action on a request for aUse-by- Exception filed by Rockgarden Enterprises, Inc. to allow a custom cabinet shop to be located within the Commercial General (CG) Zoning District on property located at 248 Levy Road (City Manager), Mayor Meserve opened the floor for a public hearing. No one spoke and the public hearing was closed. Motion: Approve Use-by-Exception filed by Rockgarden Enterprises, Inc. to allow a custom cabinet shop to be located within the Commercial General (CG) Zoning District on property located at 248 Levy Road as recommended by the Community Development Board. (At their meeting on July 15`h, the Community Development Boatd recommended approval of the request subject to the following five conditions: (1) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, (2) There shall be no outside storage by the cabinet shop, (3) No chain-link fence shall be installed within the required front yard of the property, (4) Equipment for sawdust collection shall be located inside of the building; and (5) The Use-by-Exception shall be granted to this applicant and cabinet shop tenant only). Commissioner Beaver confirmed that the applicant was aware of the conditions recommended by the Community Development Board. Commissioner Beaver then read the conditions and requested that they be monitored on a regular basis. There was no further discussion and the motion carried unanimously. B. Approve Change Order No. 2 in the Relocation of Elevated Storage Tank at Water Plant 2 (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S ~ N O BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X Minutes Page -6- August 11, 2003 Motion: Approve Change Order No. 9 in the Core City Improvements Project in the amount of $40,595.30. There was no discussion and the motion carried unanimously. C. Award contract to CH2M Hill in the amount of $54,806.44 for engineering services for Well Rehabilitation and Replacement at We11 Nos. 2, SN,1N, 2S and 6S, Phase II, and authorize the City Manager to sign the contract documents (City Manager) Motion: Award contract to CH2M Hill in the amount of $54,806.44 for engineering services for Well Rehabilitation and Replacement at Well Nos. 2, SN,1N, 2S and 6S, Phase II, and authorize the City Manager to sign the contract documents. Utility Director Kaluzniak explained Phase II of the Well Rehabilitation and Replacement Project as listed in her Staff Report, which is attached and made part of this official record as Attachment C. Commissioner Borno inquired concerning keeping wells for backup instead of abandoning them and confirmed that Well #2 would be replaced by Well #7. There was no more discussion and the motion carried unanimously. D. Approve a rate adjustment in the contract with BFI for solid waste and recycling collection (City Manager) Motion: Approve the rate adjustment in the contract with BFI for solid waste Discussion of the delay in issuing the Consumer Price Index (CPI) on which the increase was based ensued. Commissioner Beaver confirmed that the increase would be applied retroactive to February, the date of the contract. There was no more discussion and the motion carried unanimously. E. Approve the exchange of a 1991 Lexus L5400 with the Jacksonville Sheriff s Office in exchange fora 1999 Pontiac Bonneville (City Manager) Motion: Approve the exchange of a 1991 Lexus LS400 with the Jacksonville Sheriff s Office in exchange fora 1999 Pontiac Bonneville. OMMISSIONERS M O T I O N S E C O N D Y E S N O j 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 BEAVER X X BORNO X PARSONS X WATERS X X MESERVE X Minutes Page -7- August 11, 2003 There was no discussion and the motion carried unanimously. F. Public Hearing and approval of proposed expenditures of Local Law Enforcement Block Grant funds; authorize the Chief of Police to provide electronic signatures representing the Mayor on the applications and related paperwork (City Manager) Mayor Meserve opened the floor for a public hearing. No one spoke and the Mayor closed the public hearing. Motion: Approve proposed expenditures of Local Law Enforcement Block Grant funds as recommended, and authorize the Chief of Police to provide electronic signatures representing the Mayor on the applications and related paperwork. (Chief Thompson's Staff Report is attached and made part of this official record as Attachment D). There was no discussion and the motion carried unanimously. G. Appointment to the Tree Conservation Board No action was taken on an appointment. 9: City Manager A. City Manager's Report City Manager Hanson reported on the following items: Dutton Island Pavilion Construction It was reported that the Oceanside Rotary Club had finished construction of the fourth pavilion on Dutton Island, and Eagle Scouts have offered to do additional projects on the island. Emergency Repair -Electronic Controls for an Effluent Pump It was reported that emergency repairs to the electronic controls on an effluent pump were made on August Sa'. The cost of parts, plus labor was reported to be slightly over the City Manager's $10,000 spending limit. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Waters OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BoxNO x x PARSONS X WATERS X MESERVE X Minutes Page -8- August 11, 2003 • Reported that he served on the board of the Beaches Resource Center and they needed seed money to pursue grants. He indicated that he would be requesting City Commission support in the amount of $1,500 at a later date. Commissioner Parsons • Inquired as to the status of having the bump on the flyover removed. Public Works Director Kosoy stated that he had not yet received a written response from the Department of Transportation. Mayor Meserve indicated he would follow up on this matter. • Requested that name tags be provided for the city's board and committee members. •. Requested that consideration be given to installing arm rests on the benches in Town Center. Commissioner Borno Reported there were fifty-six sea turtle nests on the local beaches, twenty-five of which were located in Atlantic Beach. • Inquired if someone had responded to Mary McDonald regarding replacing speed bumps on Plaza. Mayor Meserve stated he had responded to the letter, and indicated the city would 16ok into this matter when the core city project was completed. • Referenced a letter from Mayor Peyton concerning beach renourishment and commented that the three beach cities should .keep dialogue going for Kevin Bodge to represent them to avoid future beach renourishment problems. •: Reminded the Commissioners that Commissioner Waters and he would be attending the League of Cities Conference later in the week. Commissioner Beaver Stated that he favored the three beach cities having their own advisor concerning beach renourishment, and would like to pursue this matter further. He indicated the city would be reimbursed fifty-percent of the cost. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -9- August 11, 2003 There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 8:30 p.m. John Meserve Attest: MayorlPresiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O