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Minutes - 01-08-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 5:00 P.M. ON MONDAY, JANUARY 08, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Bomo Theo Mitchelson Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Invocation was given by Commissioner Mitchelson followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held December 11, 2000 and the Special Called Meeting held December 18, 2000 Commissioner Borno requested that a scrivener's correction be made to the December 11, 2000 Commission Meeting minutes on page four, and Commissioner Mitchelson requested that on page three, paragraph four from the bottom of the page, that "Tuesday" be changed to "Monday". Motion: Approve the minutes of the Regular Meeting held December 11, 2000 as amended and the Special Called Meeting held December 18, 2000 as presented. There was no discussion and the motion carried unanimously. 2. Courtesy of the floor to visitors: J.P. Marchioli of 414 Sherry Drive reported on his recent trip to San Francisco. He also requested consideration be given to limiting the number of pets per household and suggested that sidewalks be installed on both sides of Sherry Drive during the reconstruction., The following boat owners spoke in opposition to recent enforcement of the city's parking regulations relative to parking of boats in front yazds. They felt it was unfair since many would be forced to move their boats to expensive storage areas where they would be open to vandalism. Mike Patterson of 887 Stock Street, David Billingsley, Alan Hutchinson of V V O O T T E E S S M S 0 E T C I O Y 0 N E N N D S 0 COMMISSIONERS BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -2- January 8, 2001 1324 Begonia Street, Ray Hinson. of 258 Camelia Street, and Jamie Ramirez of 1464 Jasmine Street. Mayor Meserve suggested that the boat owners submit their concerns in writing to the Commission since no action could be taken at this time. Commissioner Beaver felt it would be best if they met with the City Manager to discuss their concerns. Commissioner Mitchelson suggested the boat owners familiarize themselves with the current laws to understand which size of boat was allowed to be pazked in the front yazd. Tim Townsend of 428 Hopkins Street, Neptune Beach, the General Employees representative on the Pension Board, urged the Commission to approve the recommended 5% COLA raise for retirees (Item 8A). Pat Pillmore of 995 Camelia Street felt the boat parking regulations were not enforced consistently and referred to it as "spot code enforcement". Ms. Pillmore .felt a recent drawing of the Mayport Road flyover was different than an eazlier version published in the newspaper and questioned the change. She also expressed concern that the design for the new bridge over the Intracoastal Waterway was unsafe. Brent Rogers of 1798 Selva Marina Drive expressed concern that diverting stormwater from Sherry Drive into the lagoon for temporary storage would cause flooding in his neighborhood. Mayor Meserve assured Mr. Rogers that this would not happen. Evan Ogin of 528 Royal Palms Drive requested stronger code enforcement in Royal Palms, and requested that the Code Enforcement Officer investigate the dumping of appliances at the corner of Sailfish Drive and Seaspray. Alan Potter of 374 Second Street defined "citizenship" and offered several reasons why he was an example of a good, participating citizen of Atlantic Beach. 3. Unfinished Business from Previous Meeting A. Follow-up report from the meeting of December 11, 2000 (City Manager) City Manager Hanson briefly commented on the information provided in his follow-up report. In addition to the written report, he also reported on the following: OMMISSIONERS M O T I 0 N S E C 0 N D Y E S N 0 Minutes Page -3- January 8, 2001 Incinerator Site Update City Manager Hanson reported that the Health Department's surface soil sampling found no lead at the site, and that it posed no threat to children or families. He indicated that the Department of Environmental Protection (DEP) has also requested that soil borings to a depth of four feet, be conducted on the site. He indicated that this test and analyses would cost of approximately $10,000. A brief discussion ensued and City Manager Hanson indicated that he would send another letter to the residents informing them of the soil borings. Response to a Letter to the Editor Referencing Employee Disciplinary Action by Mayor City Manager Hanson explained the Employee Grievance Procedure and stated that he had the final say in personnel matters. He further stated that at no time did an elected official have input into personnel matters. B.' Action on Stop. Sign Report No action was taken on this matter. 4. Consent Agenda: Commissioner Bomo requested that the Public Works Department monthly report be removed rom the Consent Agenda for further discussion. A. Acknowledge receipt of monthly reports from Occupational License, Public Safety, and Public Works Departments for December 2000, and Utility Sales report for November 2000 (City Manager) B. Award annual contract to Trim-All Lawn Service in the amount of $34,572.00 for Atlantic Boulevard and Town Center Landscape Maintenance pursuant to the specifications of Bid No. 0001-5 (City Manager) Motion: Approve Consent Agenda Item B as recommended. Commissioner Borno inquired concerning Item #I 1 of the report and confirmed a date of 1(22(01 for the presentation to the Commission. OMMISSIONERS M O T 1 0 N S E C 0 N D Y E S N O BEAVER X BORNO X X MITCHELSON Y. X WATERS X MESERVE X Minutes Page -4- January 8, 2001 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. Ol-Ol A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING THE SERVICE OF PAT PILLMORE ON THE COMMUNITY DEVELOPMENT BOARD Motion: Adopt Resolution No. 01-01. Mayor Meserve read the resolution in its entirety and thanked Ms. Pillmore for her eight years of service on the Community Development Boazd. The motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 20-00-50 -Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 2000!2001 BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001. Mayor Meserve read the ordinance by title only. Motion: Adopt Ordinance No. 20-00-50 on final reading. Mayor Meserve opened the floor for a public hearing and invited comments from the audience. Alan Potter of 374 Second Street spoke in opposition to Ordinance No. 20-00-50, which reflected budget modifications for projects recommended in the Sewer Master Plan. Mr. Potter provided information on the problems experienced by city's sewer system and disagreed with the Sewer Master Plan Capital Improvement recommendations. He felt the construction of the master lift station at the Atlantic Beach wastewater treatment plant was unnecessary and recommended construction of a 12 inch force main parallel to the 10 inch main as a remedy to the existing problems. OMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S N 0 BEAVER X X aoRNO x MITCHELSON X X WATERS X MESERVE X BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X Minutes Page -5- January 8, 2001 No one else wished to speak and the Mayor closed the public hearing. Commissioner Mitchelson commented that after the December 18`~ Special Called Meeting, he felt the city was taking the right approach to the problem. There was no discussion and the motion carried unanimously. B. Ordinance No. 95-Oi-77 -Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, ARTICLE II, DOGS AND CATS, SEC. 4-30, CITATIONS AUTHORIZED; PENALTIES PROVIDED, TO ELIMINATE CODE ENFORCEMENT HEARINGS AND REQUIRE COURT APPEARANCE IF FINES ARE NOT PAID, AND PROVIDING AN EFFECTIVE DATE Motion: Approve Ordinance No. 95-01-77 on first reading. Mayor Meserve explained that the final reading and publiq hearing for the ordinance would take place on January 22, 2001. As a point of clarification, City Attorney Jensen advised that the sentence under Item 3 on page one of the ordinance beginning with "two hundred ..." should be underlined, indicating new language in the ordinance. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Action on the recommendation of the General Employees' and Police Employees' Pension Boards to grant a 5% cost of living adjustment to retirees (City Manager) Motion: Approve a 5% cost of living adjustment to retirees as recommended by the General Employees and Police Employees' Pension Boards. City Manager Hanson explained that the recommendation was being made by both Pension Boazds. A history of previous cost-of- living adjustments, funding ratio, a pension comparison with other cities and contribution rates were provided to the Commission. These documents aze attached and made part of this official record as Attachment A. OMMISSIONERS M 0 T I 0 N S E C 0 N D Y E S N , O BEAVER X BORNO X X MITCHELSON X X .WATERS X MESERVE X BoRNO x MITCHELSON X Minutes Page -6- January 8, 2001 Mayor Meserve felt this item should be a budgeted item, and handled through the budget process. He indicated that he had questions both pro and con which needed to be answered. Commissioner Borno stated that he had been informed that the funds for the increase would come from the Pension Fund with a commitment of the funds for a thirty year period. Commissioner Mitchelson concurred with Mayor Meserve but felt the city should adopt some type of a procedure to provide regulaz cost-of- living increases to retirees, if the Commission decides. to do so. Cindy Anderson, Chair of the Police and Fire Pension Boards, explained the Boards' positions and stated they did not recommend a permanent COLA adjustment because of the uncertainties of inflation rates. She indicated that the 5% increase was being recommended based on the past three years' rates of inflation. Commissioner Borno confirmed that the funds would come from the Pension Fund. Human Resource Director Foster explained that it was true for the current yeaz, but on an annual basis, the actuazies would recalculate the funds needed to fund the pension plan. He indicated that city's contribution rate could go up or down depending on the variables - the number of participants, investment performance and the approval of the additional cost of living adjustment. Human Resource Director Foster indicated that; if approved, the eazliest impact would occur October 1, 2001. Commissioner Borno expressed concern for delaying the request too long before the actuazial study was completed since this information might not be included in the current study. Human Resource Director Foster indicated that the study would be completed within ninety days. Commissioner Waters favored immediate approval of the 5% COLA, and felt that a 5% increase over five yeazs was not too much. A brief discussion ensued, and motion and second were withdrawn. Motion: Follow Resolution 81-11 and refer this matter back to the City Manager for his recommendation. Mayor Meserve reiterated his need to know the long term effects of the proposed increase on the budget. Discussion ensued concerning the correct procedure to follow, and Human Resource Director Foster read OMMISSIONERS M 0 T 1 0 N S E C O N D Y E S N 0 BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X Minutes Page -7- January 8, 2001 Resolution 81-11 explaining the City Manager's role in the procedure. There being no further discussion, the motion carried unanimously. B. Authorize the City Manager to enter into a contract with Habitat for Humanity of the Jacksonville Beaches, Inc. for the construction of the Jordan park Community Center (City Manager) Motion: Authorize the City Manager to enter into a contract with Habitat for Humanity of the Jacksonville Beaches, Inc. for the construction of the Jordan park Community Center. There was no discussion and the motion carried unanimously. C. Approve committing the City of Atlantic Beach to the Dutton Island Waterway Park. Expansion Management Plan (City Manager) Motion: Approve committing the City of Atlantic Beach to the Dutton Island Waterway Park Expansion Management Plan as indicated in the management plan. (The management plan is attached and made part of this official record as Attachment B). Commissioner Mitchelson inquired regarding an emergency phone for the park. Chief of Police Thompson, who acted as the Interim City Manager during the initial time of commitment, explained that "call box" type phones were being considered for the pazk. Commissioner Waters expressed concern for vandalism at the park and inquired concerning a police officer or pazk ranger having a residence on the island. Chief Thompson indicated that such a residence may be needed in the long term, but it was not being considered at this time. City Manager Hanson indicated that pazKmaintenance would cost approximately $7,000 per yeaz and would be conducted by existing staff . There being no further discussion, the motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N 0 BEAVER X X BORNO X X MITCHELSON $ WATERS X MESERVE X BEAVER X EDRNO x x MITCHELSON X X , WATERS X MESERVE X Minutes Page -8- January 8, 2001 D. Authorize expenditure of recycling grant funds for the purchase of 577 recycling bins at $5.25 each (City Manager) Motion: Authorize expenditure of recycling grant funds for the purchase of 577 recycling bins at $5.25 each (Alternative A). Following a brief discussion of the reduction in grant funding the motion carried unanimously. E. Report relative to design status of Sherry Drive reconstruction .project (City Manager) Public Works Director explained the 75% design plans in detail and answered questions regarding the project. He stated that the report was for informational purposes and the final plans were scheduled to be completed by February 22, 2001. 9. City Manager Reports: A. Report dated January 2, 2001 There were no additions to City Manager Hanson's report. B. Quarterly Strategic Action Plan Report City Manager Hanson briefly updated the Commissioners on the progress outlined in the third quarter Strategic Action Plan Report. He indicated that most items should be completed within 90 days and the strategic planning process would start over again in Mazch. C. Pay Study/Classification Plan City Manager Hanson stated that $8,000 was budgeted for the Pay Study and eight proposals had been received ranging in cost from $14,500 to $43,600. He felt the pay plan was very important since there was no cap on salazies and everyone had received the same percentage increases for a number of yeazs. City Manager Hanson requested Commission input and/or comments on this matter and stated that he would conduct telephone interviews with the companies, beginning with the lowest quote, and would bring back his findings to the next meeting. OMMISSIONERS M O T [ 0 N S E C 0 N D Y E S N 0 BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -9- January 8, 2001 Commissioner Waters provided. background information concerning the elimination of the city's previous pay classification plan and expressed concerns for implementation of a new plan. D. Rose Park City Manager Hanson reported that the Pazks and Recreation Advisory Boazd had recommended installation of playground equipment in Rose Pazk. He distributed a plan and proposed budget for the project with prices from state contract, to the Commissioners, and indicated that this matter would be brought back at a future meeting. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Borno Reported that Selva Marina Streets Committee had met twice and he was happy with the progress being made. Thanked the City Manager for the framed pomait of the Commissioners. Commissioner Mitchelson • Requested that the local newspapers publish an article about the historic tree survey taking place. The historic trees aze being marked with orange tape. Commissioner Waters Inquired concerning a letter sent to residents whose property abuts the Selva Mazina Lagoon. Public Works Director Kosoy stated the letter informed them of the survey work being performed in the azea. Mayor Meserve Reported that the annexation request had been withdrawn and Fleet Landing would enter into an agreement with the City of Jacksonville regarding this property. Reported that Roberts Rules of Order had been previously adopted as the book of reference for matters involving points of OMMISSIONERS M O T 1 0 N S E C O N D Y E S N 0 Minutes Page -10- January 8, 2001 parliamentary law. Expressed concern regazding vandalism occurring in the city parks and in the Selva Marina area. Chief Thompson reported that ball bats had recently been used on mailboxes in the Selva azea. He indicated that vandalism was an on-going problem, but there had not been any significant increase. Discussion ensued regarding. skateboarders using the benches and memorial in Bull Pazk. City Manager Hanson indicated that the benches would be permanently affixed to the ground. Commissioner Mitchelson felt the city should consider developing a dedicated skateboarding azea. The Police Department will continue to monitor activity in the pazk. Reported that Sally Clemons had suggested a public meeting be conducted on how government works. There being no further discussion or business to come before the Commission, the Mayor declazed the meeting adjourned at 9:25 p.m. John Meserve Mayor /Presiding Officer ATTEST: Maureen King Certified Municipal Clerk OMMISSIONERS M 0 T I 0 N 5 E C 0 N D Y E S N 0