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Minutes - 10-08-01MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT '7:15 P.M. ON MONDAY, OCTOBER 8, 2001 PRESENT: John Meserve, Mayor Richard Beaver, Mayor Pro Tem Mike Borno Theo Mitchelson Dezmond Waters, Commissioners AND: James Hanson, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order at 7:15 p.m by Mayor Meserve. The Mayor requested a moment of silent prayer for American military deployed to the Middle East to fight the long war against terrorism. -The moment of silent prayer was followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Commission meetings of September 24, 2001 and October 2, 2001 Commissioner Borno pointed out a scrivener's error on Page 8, Item 8C of the September 24, 2001 minutes and indicated that the word "oP' was omitted from the heading and motion. Commissioner Waters requested that the spelling of Mr. BreaulYs name be corrected on the last page of the minutes. Motion: Approve the minutes of the Regular Commission Meeting of September 24, 2001 as amended and the October 2, 2001 meeting as presented. The motion carried unanimously. 2. Courtesy of Floor to Visitors: Commissioner Mitchelson read from a prepazed statement and reported that contrary to what his opponent, Paul Parsons, has stated, he was not conceding the upcoming general. election to him. He also reported that he had received endorsements from other candidates who lost in the primary election. V V 0 0 T T E E s s M S O E. T C I O Y 0' N E N N D S O COMMISSIONERS BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes. Page -2- October 8, 2001 Alan Potter of 374 Second Street spoke in opposition to Item 4C as and inquired as to who was the engineer of record, who would review the plans, and how a dollar figure for the project could be arrived at without plans. Stephen Kuti of 1132 Linkside commented on the following items: (1) Questioned the authority of Public Works Director Kosoy to grant permission for use of the 14`h Street beach access (Item 4E), (2) Felt the city was wasting $2-3 million per yeaz on consulting engineers and should have a qualified .engineer on staff, (3) Stated that campaign contributions for Mr. Pazsons had come from outside the city limits and indicated that one contributor was a car dealership who does business with the city, and (4) indicated that he had written a letter to the editor requesting that the. media evaluate his previous concern that the city had been double billed by a construction company for construction of a catch basin located at Sandpiper Lane and Donner Road. Bob Totter of 275 11th Street, Alan Potter and Stephen Kuti endorsed Theo Mitchelson for Commission Seat 4. 3. Unfinished Business from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson briefly reviewed each item of his written report, a copy of which is attached and made part of this official record as Attachment A. • Reserved Parking Signs for Elected City Officials: Motion: Approve purchase of "Reserved Parking" signs for elected city officials. Commissioner Waters indicated that he would like to have the signs for use on Commission Meeting nights since it was sometimes very difficult to find a pazking space. A brief discussion ensued and it was the consensus of the Commission that the "Reserved Pazking" signs were not needed. The motion died for lack of a second. • It was reported that four turtle nests were destroyed and three nests were damaged by Tropical Storm Gabrielle. • City Manager Hanson indicated that he had previously addressed Mr. Kuti's allegation concerning double billing for catch basin construction at Donner Road and Sandpiper Lane in his letter dated OMMISSIONERS M O T I O N S E C O N D Y E S N O WATERS X Minutes Page -3- October 8, 2001 December 12, 2000, and explained that the city had not been double billed for the work. Public Works Director Kosoy provided a status report on the Sherry Drive improvements project, a copy of which is attached. and made part of this official record as Attachment B. He indicated that the project was two days behind schedule due to extra work involved in removing buried tree trunks found beneath the roadbed when installing waterlines. Public Works Director Kosoy indicated that it would be extremely expensive to remove all the tree trunks and staff would review and evaluate other ways to stabilize the roadbed. B. Authorize the City Manager to execute contracts with Atlantic Beach Experimental Theater, Atlantic Beach Athletic Association, Beaches Sea Turtle Patrol, Beaches Habitat for Humanity and Sandra Phillips, Tennis Instructor, for the use of various city facilities (City Manager) City Manager Hanson explained that revisions needed to be made to the current agreements to include language making the facilities available for other users. He indicated that. the current renters had agreed. to this requirement and new contracts would be drafted incorporating the change. City Manager Hanson reported that all of the renters, except Mort Hanson of the Sea Turtle Patrol, had agreed to provide proof of insurance naming the city as "additional insured," and new certificates would be submitted with the revised rental contracts. Mr. Hanson had requested waiver of the insurance requirement since he was the only person using the office. Discussion of insurance coverage ensued and Commissioner Mitchelson felt the city should treat everyone equitably and make no exceptions to the insurance requirement. He felt it would be better to allow the Sea Turtle Patrol to operate as an arm of the city. There was no more discussion and it was the consensus of the Commission to table Item 3B and bring back the revised contract agreements and insurance requirements at a future date. 4. Consent Agenda: Commissioner Mitchelson requested that Items 4C and 4B be removed from the Consent Agenda. for further discussion. A. Acknowledge receipt of monthly reports from City Departments: Occupational License, Public Works, and Recreation Departments (City Manager) OMMISSIONERS M 0 T I O N S E C O N D Y E S N 0 Minutes Page -4- October 8, 2001 B. Award an annual contract to Calciquest for the purchase of orthophosphate for use in the city's water treatment facilities at a cost of $0.569 per pound, pursuant to the specifications of Bid No. 0001-26 (City Manager) D. Acknowledge receipt of report regarding renewal of city insurance (City Manager) Motion: Approve Consent Agenda Items A, B, and D as presented. There was no discussion and the motion carried unanimously. C. Award adesign/build contract in the amount of $340,655.50 to Gruhn May, Inc. for Beach Avenue Water Main replacement pursuant to the specifications of Bid No. 0001-23 (City Manager) Motion: Approve Consent Agenda Item C as presented. Commissioner Mitchelson stated that he would like to defer action on Item 4C and suggested that it be included as a bid alternate with the Core City Project in order to save on mobilization costs. Commissioner Borno felt the design for the Core City Project was too far along to make changes at this time. Utility Director Kaluzniak addressed the comments made by Alan Potter under Item 2 and reported that the original design by Gee and Jensen would be used for the prof ect, Robert Phillips would be the engineer of record, and that she, along with Tim Townsend, and Harry McNally, would review the plans. She felt that to include thi: project with the Core City Project would cause a delay since the permits had already been issued and would have to be amended. Ms. Kaluzniak's Staff Report dated October 1, 2001, regarding this project is attached and made part of this official record as Attachment C. Mayor Meserve felt the city should move forward with this project. There being no further discussion, the motion carried by a four to one vote with Mayor Meserve and Commissioners Beaver, Borno and Waters voting aye and Commissioner Mitchelson voting nay. E. Acknowledge receipt of petition regarding the use of the Beach Access at 14~h Street (City Manager) OMMISSIONERS M 0 T I 0 N S E C O N D Y E S N p BEAVER X BoRNO X x MITCHELSON X X WATERS X MESERVE X BEAVER X BORNO X X MITCHELSON X X WATERS X MESERVE X Minutes Page -5- October 8, 2001 Commissioner Mitchelson agreed with the petitioners and believed that the permission to use the beach access should be rescinded. He also felt that a request to use beach access should come before the Commission. City Manager Hanson explained that some concerns expressed in the petition were based on misinformation. He stated that the contractor would have been able to use one-half of the access, and at no time would it have been closed to the public. He felt the Commission should approve requests to close a beach access. City Manager Hanson indicated that Steve Rosenbloom, who lives adjacent to and maintains the access, did not object to its use. It was reported that as of this date, the city had not received any plans for the project and no permits had been issued. City Manager Hanson stated that the owner of 1393 Beach Avenue now plans to demolish a portion of his existing house on the Beach Avenue side of the lot in order to access the beach side of the lot. Discussion ensued concerning use of public accesses for construction purposes and Commissioner Beaver felt that there should be written guidelines for use of public accesses for construction and an application should be submitted and the condition of the access documented before permission is given. Mayor Meserve believed the request was handled properly and stated that he was meeting with some of the petitioners the following day to alleviate their concerns. Mayor Meserve requested that some type of formal documentation be made to indicate that the property owners changed their original plans and will no longer need to use the beach access. The report was for informational purposes and no action was required. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Authorize the City Manager to sign form DR422 certifying the millage rate for Atlantic Beach and adopt the appropriate Resolution A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, LEVYING THE AD VALOREM OMMISSIONERS M O T I O N S E C O N D Y E S N 0 Minutes Page -6- October 8, 2001 PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the Resolution by title only, and requested that an emergency be declared so the. appropriate action could be taken to adopt the Resolution. Mayor Meserve also requested that a procedure be established for placing emergency items on the agenda. Motion: Declare an emergency and take action on the Resolution levying the millage rate and the request to authorize the City Manager to sign form DR422 certifying the millage rate for the City of Atlantic Beach. City Manager Hanson reported that the city had been informed of a possible shortfall in state revenues for the coming year. It was reported that the city received approximately $1.5 million from the state. He further reported that the city's budget was based on estimates received from the Property Appraiser's Office, and during the budget process the city adopted a millage rate of 3.1721 based on a valuation of $739,602,563. It was explained that since that time, the valuation for the city has been adjusted upward by 4.61 % for a total of $773,697,776. City Manager Hanson father explained that the city could either (1) accept the adjusted value with the current adopted millage rate, which would increase the tax revenues by $108,153; or (2) to reduce the millage rate downward to 3.0323 mills which would generate the same amount of taxes as originally approved. Brief discussion ensued regarding the decreased state revenues. Motion: Authorize the City Manager to sign form DR422 certifying the roll-back millage rate of 3.0323 for the City of Atlantic Beach and adopt Resolution 01-20 reflecting the same. (The number was assigned to the Resolution after its adoption). There being no further discussion, the motion carried unanimously. 7. Action on Ordinances: C. Ordinance No. 58-O1-28 Public Hearing & Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, 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 X WATERS X MESERVE X BEAVER X BORNO X MITCHELSON X X WATERS X X MESERVE X Minutes Page -7- October 8, 2001 ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEE RETIREMENT SYSTEM, SEC. 2-281(b), TO PROVIDE GENERAL RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; AMENDING DIVISION 4, SEC. 2-310.10(b) TO PROVIDE POLICE RETIREES WITH A FIVE PERCENT (5%) COST OF LIVING ADJUSTMENT; PROVIDING FOR A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Motion: Adopt Ordinance No. 58-01-28 on final reading. Mayor Meserve presented the ordinance in full, in writing and explained that the ordinance would provide a 5% cost of living adjustment for retirees. Mayor Meserve opened the floor for a public hearing. No one spoke for or against the ordinance and the Mayor closed the public hearing. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Authorize Camp, Dresser & McKee to conduct Groundwater Modeling and Additional analysis of Reuse Feasibility in Support of Consumptive Use Permit as an extension of their existing contract for an amount not to exceed $47,399.00 Motion: Authorize Camp, Dresser & McKee to conduct Groundwater Modeling and Additional analysis of Reuse Feasibility in Support of Consumptive Use Permit as an extension of their existing contract for an amount not to exceed $47,399.00. Discussion ensued and Utility Director Kaluzniak's staff report dated October 1, 2001 explaining the request for additional information (RAI) is attached and made part of this official record as Attachment D. Don Maurer of Camp, Dresser & McKee provided background information concerning the additional requirements and explained that the SJRWMD had the authority to approve the Consumptive Use Permit. He felt the city should keep a good working relationship with its regulators and provide the additional information. OMMISSIONERS M O T I O N S E C 0 N D Y E S N p BEAVER X I BORNO X X MITCHELSON X WATERS X X MESERVE X BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -8- October 8, 2001 Commissioner Mitchelson inquired if there was an appeal process. Mr. Maurer indicated that an administrative hearing could be requested, but he felt that would be more costly than providing the requested information. Commissioner Bomo inquired if there might be reasons for the request beyond those cited in the RAI. Mr. Maurer indicated that the SJRWMD Water 20 Program revealed that water shortage problems are not acute now, but if the projections for future growth occur over the next twenty years, there could be a serious water shortage in the area east of the St. Johns Riyer. He felt that because of that potential, and the failure of other water management districts to address the same problems, the SJRWMD wished to carefully manage the water supply. The motion carried unanimously. B. Accept dedication of Selva Marina Streets to City ownership (City Manager) Motion: Accept dedication of Selva Marina Streets to City. ownership. City Attorney Jensen briefly explained that the deeds would have to be checked by a title insurance company prior to their recording. It was further explained that the City of Atlantic Beach must own the property before the City of Jacksonville will forgive past due taxes on the streets. There was no discussion and the motion carried unanimously. C. Approval of Monday, October 22, 2001 at 7:15 p.m. and Monday, November 12, 2001 at 7:15 p.m. as public hearing dates to enact amendments to Chapter 24 of the code of Ordinances and also amendments to the official zoning map (City Manager) Discussion ensued concerning appropriate dates to hold the public hearings. It was the consensus of the Commission to hold one more workshop meeting with the Community Development Board on Monday, October 29`n at 5:00 p.m. It was the consensus of the Commission to hold the public hearings on November 12`n and 26`n, 2001 at 7:15. Motion: Approve Monday, October 29, 2001 at 5:00 p.m. for a Workshop Meeting with the Community Development Board and Monday, November 12, 2001 and OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X BEAVER X X BORNO X MITCHELSON X WATERS X MESERVE X X Minutes Page -9- October 8, 2001 Monday, November 26, 2001 at 7:15 p.m. as public hearing dates. Commissioner Beaver suggested that the media representatives who were present meet with the City Manager to discuss the proposed changes to the zoning ordinance. He felt a newspaper article would help inform the public of the changes. Following brief discussion, the motion carried unanimously. D. Action on a request of the Green Market for a donation of $1,500.00 (City Manager) Motion: Approve donation of $1,500 to the Green Market. Patricia Goelz and John Weldon, representatives from the Green Market, explained that Town Center Green Market Association provided the community with services and programs. She indicated that the money would be used to pay the organization's insurance premium and for programming. Discussion erisued concerning the appropriateness of making the contribution and City Attorney Jensen advised that. the request was from a non-profit organization for a contribution of funds, and this was prohibited by the city's ordinance. Discussion concerning the Town Center Agency ensued and Ms. Goelz stated that the Town Center Green Market was part of the Town Center Agency and did not have its own 501(c)(3) status. She indicated that the donation from the City of Neptune Beach was made through the Town Center Agency. Co-sponsorship of the event was briefly discussed. Commissioner Waters felt the ordinance would not have to be changed if the city co-sponsored the event with the City of Neptune Beach. It was the consensus of the Commissioners that if the city wished to participate in these types of requests, a procedure needed to be established in order to do it correctly. City Attorney Jensen stated that in the past it had been suggested that a fund be set up in the budget For such requests, and the ordinance amended accordingly. Motion: Defer action on the request and direct staff to bring back an amended ordinance reflecting- the change. Commissioner Waters reiterated his preference to keep the ordinance intact and to investigate co-sponsorship of events. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X MESERVE X BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page -10- October 8, 2001 There was no fixrther discussion and the motion carried unanimously. 9. City Manager Reports:. In addition to the written report, which is attached and made part of this official record as Attachment E; City Manager Hanson reported on the following: • Indicated that the fall edition of Tideviews had been sent out late and the city was looking for a new company to publish the newsletter. • Reported that Daniel Owens had made a $1,000 contribution to the Atlantic Beach Police and Fire Departments to thank them for their work in tribute to those killed in the terrorist attack on the World Trade Center. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Beaver • Requested that proper recognition be given to Mr. Owens when the funds are used. Commissioner Mitchelson • Summarized his Beach Renourishment Report and stated that he would submit the written report to the Commissioners. Commissioner Waters • Suggested that all of the Commissioners sign the recognition given to Mr. Owens. There being no further discussion or business to come before the Commission, the Mayor declared the meeting adjourned at 9:25 p.m. Attest: John Meserve Mayor/Presiding Officer Maureen King Certified Municipal Clerk OMMISSIONERS M 0 z I O N S E c O N D Y E S N O