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Minutes - 02-11-02MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH .CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 P.M. ON MONDAY, FEBRUARY 11, 2002 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Bomo Paul Parsons Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk 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. i. Approval of the. minutes of the Regular Commission meeting of January 28, 2002 Commissioner Borno referenced Page 8 of the minutes and requested that "a lawsuit had now been filed" be changed to "an effort has commenced." Commissioner Beaver referenced the same page and requested that the four percent sales tax mentioned under his report be changed to four and one-halfpercent. Motion: Approve the minutes of the Regular Commission Meeting of January 28, 2002 as amended. The motion carried unanimously. 2. Courtesy of the Floor to Visitors: Alan Potter of 374 Second Street stated there were several hazardous areas in the Sherry Drive project where the fill dirt had washed out from around the sidewalks and should be repaired. Mr. Potter also felt that an insufficient number of barricades were being used along Sherry Drive and some. of those were broken. He noted that City of Atlantic Beach (CAB) bamcades were being used and felt the contractor should provide his own bamcades. v v 0 0 T T E E S S M S O E T C I O Y O N E N N D S O COMMISSIONERS BEAVER X BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -2- Febmary 11, 2002 Stephen Kuti of 1132 Linkside Drive stated that he had spoken with Chief Ray Alfred of the Jacksonville Fire Department and read a prepared statement concerning calculation of fire department response times, dispatching of 911 calls,. and the checking and maintenance of fire hydrants, and said he disagreed with some of the information in Director Thompson's report regarding the fire service. Mr. Kuti stated that he had read the city's Audit Procurement Policy and felt the city should change auditors in light of the recent failure of the Enron Corporation. Sally Clemens of 1638 Park Terrace West inquired concerning the information she requested during the January 28`h Commission meeting. She agreed with Mr. Kuti and felt the city should change auditing firms. J.P. Marchioli of 414 Sherry Drive commended the Public Works crew for the quick response to his request to trim overgrown shrubbery which obstructed the stop sign at the comer of East Coast Drive and Sixth Street; inquired concerning construction of a new sidewalk on the east side of Sherry Drive and reiterated his concerns expressed at the previous Commission meeting concerning fire department response times and the checking of fire hydrants. Dorothy Kerber of 365 First Street commented on the following: (1) .Felt the city should change auditing firms every few years, (2) opposed a second weekly yard trash pick up as being too costly for citizens on fixed incomes, and (3) felt if the City did not choose to absorb the 5% franchise fee levied by the City of Jacksonville, it should not be passed onto all Atlantic Beach utility customers, but only those utility customers outside the city boundaries. A. Purvis and Gray to present audit report Ron Whitesides, Manager of the Atlantic Beach audit team, introduced himself and presented the audit report to the Commission and indicated that the report complied with all federal, state and. local accounting requirements. Mr. Whitesides indicated that the firm had looked at the city records, its financial condition, and azeas of compliance. He provided a brief overview of the report and indicated thabthe city was in good financial condition with adequate reserves. Mr. Whitesides reported that the sewer and storrnwater funds were operating at a slight loss and at a minimum, should operate at a break even level. )n the azea of compliance with Community Development Block Grant (CDBG) fund requirements, it was noted that income verification data for OMMISSIONERS M 0 T I O N S E c O N D Y E S N O Minutes Page -3- February 11, 2002 some of the fund recipients was not available at the time of the audit. It was noted that since that time, the city had provided the required information on all but one of the recipients. Mr. Whitesides also indicated that monthly status reports had not been completed as required. Community Development Director Doerr reported that the income of all but one of the recipients had been verified as meeting the requirements. However, the fifth recipient posed an unusual case in that she had passed away before the work on her home was completed and the property now belonged to her sister. She indicated that she would be working with the City Attorney to resolve this matter. Commissioner Waters inquired concerning maintenance of the Aquatic Gazdens retention pond and the City Manager indicted that the pond was not maintained by the city since it was privately owned. He reported that the city was receiving proposals fo update its Master Drainage Plan, and would focus on drainage problems in that area after completion of the core city proj ect. A. City Manager's Follow Up Report on Issues from Previous Meetings City Manager Hanson deferred to Chief Thompson for an overview of his Fire and Rescue Report, which is attached and made part of this official record. as Attachment A. Chief Thompson explained how response times are calculated. He verified that fire hydrants were checked by fire station personnel on a regulaz basis and any hydrants found to be in disrepair were repairedby the Utility Department. A brief discussion ensued. Mayor Meserve referenced a recent Editorial in the Beaches Leader on fire service, which contained erroneous information, and stated he intended to respond to the editorial. There were no objections. B. Discussion and related action in connection with increasing collection of yard trash to twice per week (Commissioner Parsons) Commissioner Passons indicated that he was still working on this issue and would like to postpone discussion until a future date. 4. Consent Agenda: A. Acknowledge receipt of monthly reports from Building Occupational License, and Recreation Departments (City Manager) OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- February 11, 2002 B. Award annual contract to Florida Pipe Tech for storm water jetting and cleaning at the unit prices quoted in their bid (Bid No. 0102-8) (City Manager) D. Award annual contract to Tom's Asphalt for asphalt repairs at the unit prices quoted in their bid (Bid No. 0102- 9) (City Manager) E. Authorize the Mayor to sign a letter authorizing the City of Jacksonville to fly aircraft within the boundaries of Atlantic Beach to spray mosquito-breeding locations (City. Manager) Commissioner Waters requested that Item 4C be removed from the Consent Agenda for further discussion. Motion: Approve Consent Agenda Items A, B, D and E as presented. There was no discussion and the motion carried unanimously. C. Award annual contract to R.L. Lawrence for concrete repairs at the unit prices quoted in his bid (Bid No. 0102- 10) (City Manager) Motion:. Award annual contract to R.L. Lawrence for concrete repairs at the unit prices quoted in his bid (Bid No. 0102-10). Commissioner Waters inquired as to how sidewalk repairs were made and stated that he did not like to see patched sidewalks. Public Works Director Kosoy explained the repair policy and indicated that under normal conditions, the entire section would be replaced. There was no further discussion and the motion carried unanimously. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: . A. Resolution No. 02-O1 A RESOLUTION OF TFIE CITY OF ATLANTIC BEACH, FLORIDA, ADOPTING THE ICMA-RC MODEL 401 QUALIFIED MONEY PURCHASE RETIREMENT PLAN DOCUMENT AND ESTABLISHING AN AMENDMENT (City Manager) 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 BORNO X X PARSONS X WATERS X X MESERVE X Minutes Page -6- Februazy 11, 2002 Pat Pillmore of Camilia Street requested clarification of the requirements of the ordinance. Mayor Meserve explained the change. No one else spoke for or against the ordinance and the Mayor declared the public hearing closed. Commissioner Waters opposed lowering the setback requirement. He felt the twenty foot 20' requirement kept front yards free from obstructions which could pose a safety risk to children, particularly in the core city area. There being no further discussion, the motion carved by a four to one vote with Commissioners Beaver, Borno, and Parsons and. Mayor Meserve voting aye and Commissioner Waters voting nay. 8. Miscellaneous Business: A. Appointments to the Tree Board (2) Mayor Mayor Meserve indicated he would like to defer the appointments to the next meeting. B. Discussion and related action regarding the franchise fee levied by the City of Jacksonville on outside city water and sewer sales (Mayor) Mayor Meserve provided background information and stated that he would like to address this matter in the broader perspective of a ten-year plan for funding of the water and sewer systems. Secondly, he indicated that there were some issues coming up with the St. Johns River Water Management District (SJRWMD) relative establishing a rate structure which encourages conservation. The Mayor indicated that on April 1St the City would have to begin paying the franchise fee, and there was no choice in the matter, other than going to court. He suggested that a decision on this matter be incorporated into the budget process in order to try to be aware of the whole issue when reviewing and restructuring the utility rates. He also indicated that the city could not levy the 5% franchise fee on the non-residents without holding a public hearing and passing an ordinance to do so. The Commission by consensus agreed to discuss this further during the budget process. OMMISSIONERS M 0 T I O N S E c O N D Y E S N q Minutes Page -7- February 11,.2002 C. Authorize staff to negotiate a contract with (CE & I Services)* for construction engineering and inspection for the Core City Project (City Manager) Motion: Authorize staff to negotiate a contract with GAI Consultants for construction engineering and inspection services for the Core City Project. There was no discussion and the motion carried unanimously. *(As a point of clarification, City Clerk King under her report in Item 10, indicated that the name of the company had been incorrectly listed on the agenda as CE & I Services and should have been GAI Consultants). D. Approve Community Development Block Grant Projects for FI' 2002-2003; authorize the Mayor to sign documents as required to submit application, and execute the contract (City Manager) Motion: Approve Community Development Block Grant Projects for FY 2002-2003; authorize the Mayor to sign documents as required to submit application, and execute the contract. In response to an inquiry from Commissioner Waters the City Manager Hanson stated that the grant funds would be spent on infrastructure improvements to the Donner Community Center area and included paving of Jordan Street, and installation of sidewalks and street lighting in the area. He indicated that a portion of the funds would be spent on inspections and correction of existing code violations throughout the area. Community Development Director Doerr's staff report is attached and made part of this official record as Attachment B. There was no discussion and the motion carried unanimously. E. Stephen Rausch of 301 Magnolia Street appealing the decision of the Tree Conservation Board (Tree Board decision of June 1996) (City Manager) Mr. Rausch introduced himself and distributed copies of Page 2 of the June 16, 1996 Tree Board Minutes, a copy of a letter from his contractor, Richard Thompson, dated January 15, 1997, and a copy of a letter dated November 8, 2001 written by Mr. Rausch to City Attorney 3ensen. These documents are attached and made part of this official record as Attachment C. OMMISSIONERS M O T I O N S E c 0 N D .. Y E S' N Q BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X BORNO X X PARSONS X X WATERS X MESERVE X Minutes Page -8- February 11, 2002 Mr. Rausch explained that it was his understanding that the matter was settled. He indicated that he was not appealing the decision of the Tree Board, but was trying to shed some light on what he believed to be a misunderstanding. Mr. Rausch referenced paragraphs four through seven of the Tree Board Minutes and the letter his builder, Mr. Thompson. He pointed out that he had agreed to mitigate 57.5" of hardwood trees (Paragraph 7 of the minutes), and stated that the inches were put back into the ground, but his builder could not do it in December. Therefore, the City Manager at that time, Mr. Jarboe, had him sign an agreement with a payment plan for tree mitigation in the amount of $4,743.75 to be paid in eighteen monthly payments of $263.54 so he could receive a Certificate of Occupancy for the house. He indicated that three payments were made. Mr. Rausch further stated that the installation of the palm trees was approved by Community Development Director Worley (as indicated in the letter from Mr. Thompson) and the trees were installed in February of 1997. Mr. Rausch felt planting the palm trees satisfied the mitigation requirements and he had requested a refund of $790.62 from the city in his November letter to City Attorney Jensen. Commissioner Bomo pointed out that palm trees were not considered to be hazdwoods and mitigation required that the trees that were removed be mitigated with 57.5" DBH of hazdwoods, 4" DBH of which must be oak. Building Official Don Ford reviewed the chronology of events listed in his staff report which is attached and made part of this official record as Attachment D. Discussion ensued and by consensus the Commissioners determined that the mitigation requirements had not been met. City Manager Hanson pointed out that in Florida there was a statute of limitations of five years for collecting on an agreement, and since that was approaching, he had directed the City Attorney to file with the court to collect the money due the city. Commissioner Beaver stated that he served on the Tree Board when this occurred and trees had been removed from. the property without the proper permit, He felt the Board granted Mr. Rausch much latitude when determining the mitigation requirements. When the City would not issue the Certificate of Occupancy Mr: Bausch entered OMMISSIONERS M 0 T I O N S E C O N D Y E S N Q '~ Minutes Page -9- February 11, 2002 into the mitigation agreement with the city to put the money in the tree fund. Motion: Direct the City Attorney to proceed with the case to collect the tree mitigation funds. It was pointed out that since the matter was listed on the agenda as an appeal, the City Commission must either deny or approve the appeal. The second to the motion and the motion were withdrawn by Commissioners Waters and Bomo respectively. Motion: Deny the appeal and direct the City Attorney to proceed with the case to collect the tree mitigation funds. There was no more discussion and the motion carried unanimously. F. Discussion and related action regarding the City's Newsletter (City Manager) City Manager reviewed the following options for publishing the city newsletter: (1) A quarterly four-page newsletter, (2) a monthly two- page newsletter, and (3) a monthly two-page newsletter to be mailed with the utility bill. Discussion of the options and costs for each option ensued. Commissioners Waters and Beaver favored including the newsletter with the utility bill. Commissioner Borno said he liked the idea of sending the newsletter out with ufility bills but did not feel a return envelope was necessary. Mayor Meserve felt that this matter should be discussed during strategic planning. He indicated that other options could also be considered at that time, such as placing the newsletter in the Beaches Leader or on the Internet. Mayor Meserve stated that he also favored the monthly format. G. Approve Financial Policies for Rate Increases (City Manager) City Manager Hanson reviewed the Financial Policies document and indicated that if the Commissioners adopted the policy, staff would perform the analyses and come up with the rates Commissioner Waters inquired as to which rates would to be included. City Manager Hanson indicated that all of the charges and OMMISSIONERS M 0 z I O N S E c O N D Y E S N q BORNO X WATERS X BEAVER X BORNO X X PARSONS Y. WATERS X X MESERVE X Minutes Page -10- February 11, 2002 fees for city services would be included such as stormwatet, permits, license, sanitation fees, eta Commissioner Waters supported the need to review the city's rate structure periodically. Motion: Adopt Financial Policies for rate increases as presented by Nelson VanLiere. Commissioner Beaver commended. Finance Director VanLiere for creating a good policy document. There was no fixrther discussion and the motion carried unanimously. H. Appoint a Commissioner to serve on an Audit Selection Committee Mayor Meserve nominated Commissioner Parsons to serve on the Audit Selection Committee. Commissioner Pazsons said he would be willing to serve. Motion: Appoint Commissioner Parsons to serve on the Audit Selection Committee. There was no discussion and the motion carried unanimously. 9. City Manager Reports: City Manager Hanson reported on the following. items: Reported that the Corps of Engineers had advised thaYthe due date for proposals from contractors for the beach renourishment/river dredging project had beenrescheduled to February 8`h and they hoped to award a bid by the end of February. City Manager Hanson indicated that photographs of the severe beach erosion which occurred last fall had been sent to the Corps and City of Jacksonville staff. • Reported that the bid for renovations to the Adele Grage Community Center had been advertised with a bid opening date of Mazch 27`h. He indicated that they hoped to awazd the bid on April 8`h and anticipated the work would be completed by yeaz's end. • Reported that the Core City Project bid would be advertised on February 17`h with apre-qualifying meeting scheduled for. Mazch 1St and apre-bid meeting scheduled for March 27`h OMMISSIONERS M 0 T I O N S E C O N D ' Y E S ~ q BEAVER X X BORNO X X PARSONS X WATERS X MESERVE X BEAVER X X BORNO X PARSONS X WATERS X MESERVE X X Minutes Page -11- February 11, 2002 The bids are scheduled to be opened on April 3rd. The city expects to receive a grant from the EPA in the amount of $428,000 for the project. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk King • As a point of clarification regazding Agenda Item 8C, City Clerk King pointed out that the staff recommendation was to begin negotiations with GAI Consultants, not CE & I Services as listed on the agenda. Commissioner Borno • Suggested that if it was warranted, the sidewalks on Sherry Drive be posted as unsafe until completion of the project. Commissioner Waters Reported that the Dewees/Coquina Meeting held on Saturday and indicated that apparently there was a flooding problem in the azea. The residents who attended the meeting indicated they would like the street maintained with a permeable material, not asphalt, and would like the park (Marvin's Gazden) kept clean. He indicated that this was the beginning of the process to improve the azea and other meetings would be scheduled. Indicated there was no longer a Commission liaison to the Teen Council and the Mayor appointed Commissioner Waters to serve in that capacity_ Commissioner Parsons • In response to Commissioner Parsons' inquiry regarding a recent threat to the Building Inspector, Chief Thompson provided background information and indicated that the inspector called the Police Department and they handled the situation. Inquired if anything could be done concerning the potholes and deplorable exterior condition of the old Pic `N Save building.. City Manager Hanson indicated that in the past they had filled the potholes, but he did not believe much could be done concerning the building: OMMISSIONERS M O z I O N S E C O N D Y E S v Q Minutes Page -12- February 11, 2002 Mayor Meserve • Indicated that he did not agree with the recent editorial concerning fire service within the city, and he intended to write a letter to the editor concerning the misinformation contained in the article. • .Commented on the City of Jacksonville Town Center Project and stated that $2M dollars had been given to each planning district. He stated that Atlantic Beach was in Planning District 2, and he had suggested to Councilman Holland that center medians be considered for Mayport Road for the District 2 project. He further indicated the project appeared to meet the requirements for funding and he would proceed through the Mayport Waterfront Partnership. • Announced that the Mayport Waterfront Partnership would meet at 5:00 p.m. the following day at Fleet Landing. There being no further discussion or business to come before the City Commission, the Mayor declared the meeting adjourned at 9:30 p.m. John Meserve Attest: Mayor/Presiding Officer Maureen King Certified Municipal Clerk ' OMMISSIONERS M O T I O N S E C O N D Y E S N D