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Minutes / 02-28-00MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD AT 7:15 PM ON MONDAY, FEBRUARY 28, 2000 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 by Mavor Meserve at 7:15 n.m. The invocation was offered by Commissioner Borno, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held February 14, 24, 2000 There being no corrections or amendments, the minutes were unanimously approved as prepared. 2. Courtesy of the Floor to Visitors: A. Audit Report by Purvis Gray & Company (City Manager) Ron Whitesides, Manager of the Atlantic Beach audit, commended Finance Director Van Liere, Assistant Finance Director Benjamin and staff for their work in preparation for the audit. Mr. Whitesides presented the audit report to the Commission and indicated the report complied with all federal, state and local accounting requirements and he found no weaknesses in the internal controls. Mr. Whitesides then presented a brief overview of the report and indicated the city was in a very strong financial condition with adequate reserves. Commissioner Mitchelson inquired regarding the strength of the employee's retirement plan and Mr. Whitesides indicated that while the level of funding was down due to the transfer of funds to the City of Jacksonville Fire Fighters Pension Plan, the plan was adequately funded and the city should V V 0 O T T E E s s M S O E T C I O Y O N E N COMMISSIONERS N D S O Minutes Page 2- February 28, 2000 be concerned only if a trend indicating a lower funded ratio develops. There were no more questions, and Mayor Meserve thanked Mr. Whitesides for the presentation. B. Jamie Fletcher, Adult Advisor to Teen Council (Comm. Beaver) Jamie Fletcher, Co-Advisor to the Teen Council, provided an overview of the accomplishments of the Teen Council during the past year and stated they would like to take a trip to Orlando. He then introduced Casey Quinif and Matilda Anderson, members of the Teen Council, to make the request. Matilda Anderson stated that the Teen Council would like to take thirty teenagers, equally divided between boys and girls, and 6-8 chaperones on a chartered bus trip to Epcot Center on March 11-12, 2000. Ms. Anderson stated that $5,000 had previously been allocated to the Parks and Recreation Programs Committee and requested $2,640.00 of the funds to pay for hotel rooms, tickets to Epcot and the bus. Applicants for the trip would be selected on a first come, first served basis and Ms. Anderson indicated that a deposit would be required to reserve the bus. Commissioner Mitchelson preferred that the Teen Council stage local events which would benefit many teenagers. After discussion, it was the consensus of the Commission that no action was required since funds were available in the Parks and Recreation budget for their use. Mayor Meserve recognized Mr. Perry's Student Government Class from Fletcher Senior High School, who were present to observe government in action. Alan Potter of 374 Second Street opposed waiving bid requirements for Item 8B. He felt it would be more cost effective for the city to set up its own meter testing program. Concerning Item 8C, Mr. Potter felt the city should find out if it would be able to obtain a permit to build a fishing pier on the island before modifying the plan to include a pier. J.P. Marchioli of 414 Sherry Drive inquired concerning the procedure to file for the additional homestead exemption mentioned in a recent newspaper. A brief discussion of the filing requirements ensued and Mr. Marchioli OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page 3- February 28, 2000 indicated that he would file with the Tax Collector's office the following day. 3. Unfinished Business from previous meeting A. Follow up Report from previous meeting City Manager Hanson indicated that the force main on Seminole Road referenced in paragraph one of his report, was not abandoned, but he felt it would still be possible to plant trees in areas without utility conflicts. Mayor Meserve indicated that he would like Early Piety, a certified arborist, or Commissioner Beaver to provide a plan to show what types of trees could be successfully planted along Seminole Road, including the area by the drainage ditch. B. Report from the City Manager regarding options to consider for Conversion of Septic Tank Systems to Public Sewer in Atlantic Beach (City Manager) For those interested citizens who were present in the audience, Mayor Meserve explained that there would be no action taken on Item 3B tonight. Mayor Meserve inquired if there would be a conflict of interest since Commissioner Waters and himself, both had septic tanks. City Attorney Jensen felt there would be no conflict of interest, but stated he would check into the matter further and put his findings in writing. City Manager Hanson provided the Commission an overview of the options to be considered for conversion from septic tanks to public sewers and briefly outlined the various options. City Manager Hanson's report dated February 2000 is attached and made part of this official record as Attachment A. Mayor Meserve requested that this matter be placed on the agenda of the March 27, 2000 Commission Meeting for discussion and a public hearing. Commissioner Mitchelson recognized the costs involved for citizens to connect to the sewer and suggested Commission consideration of the following: (1) obtaining a bids from plumbers to perform connections at a rate of fifty or so per year, (2) obtaining grant money for the work, and (3) extending low interest loans to current owners to hook up to the sewer system. OMMISSIONERS M O T I O N S E C O N D Y E S ' O Minutes Page 4- February 28, 2000 Commissioner Waters requested that City Attorney Jenson provide a legal opinion regarding the liability to the city if nothing was done to require citizens to hook up to the sewer. He felt that if the city did nothing, septic tanks would eventually disappear through natural attrition. City Attorney Jensen advised that the city can adopt ordinances which are more restrictive than State Statute. The city has chosen, in certain instances not to enforce State Statutes. However, the city has taken the necessary steps to _ notify the people, as required by State Statute, as a condition precedent to requiring hook up. The commission is now in a position that you can give ninety days notice and people would be required to hook up. Commissioner Waters then inquired concerning Ordinance 80-94-53 which exempts Section H and Ocean Grove residents from the requirement to hook up within ninety days. City Attorney Jensen advised that the ordinance says that if you were paying an assessment before a certain date, you are exempt from the requirement to connect to the public system until your system fails. However, the City Commission could change that ordinance if it chooses to do so. Mayor Meserve inquired if the city had any legal liability if it chooses not to enforce state law, and requested that the City Attorney provide an opinion for the March 27`h meeting. Commissioner Mitchelson believed that state law would prevail and requested an opinion of how the local ordinance exempting citizens, which he felt was less restrictive, would take precedence over state law. City Attorney Jensen advised that Home Rule allowed the city to do this, and said there was a provision in the statute which allows municipalities to enact any other ordinances or laws they deem in the public interest. City Attorney Jensen further stated that the Attorney General's office and the Department of Health both said that it is up to the city to enforce this requirement, and the city chooses its means of enforcement. Commissioner Beaver requested a map of those areas exempted from hook up by the ordinance (Ordinance 80-94-53). City Manager Hanson indicated that a map would be provided. 4. Consent Agenda: A. Proclamation Declaring March 11, 2000 as Arbor Day in Atlantic Beach (City Manager) OMMLSSIONERS M O T I O N S E C O N D Y E S N O Minutes Page 5- February 28, 2000 Consent agenda Item A was approved as presented. 5. Committee Reports: There~were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 00-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, SUPPORTING THE EFFORTS OF THE BEACHES AFRICAN-AMERICAN CENTENNIAL COMMITTEE TO PRESERVE THE ORIGINAL FOUR-ROOM STRUCTURE OF JACKSONVILLE BEACH ELEMENTARY SCHOOL Motion: Approve Resolution No. 00-02. Janet Cousnard, African-American Centennial Committee Chairperson, stated that the group was formed to preserve the original four-room building. Ms. Cousnard indicated that the Duval County School Board had give the organization a deed to the school and they were hoping to find a place for the building to turn it into a museum. Ms. Cousnard outlined events of the week of March 17`"designated Jacksonville Beach Elementary Preservation Celebration and invited the Commissioners to the kickoff event. There being no further discussion, the motion carried unanimously. Commissioner Waters advised the Commission of a log cabin on Seminole Road which may be available. 7. Action on Ordinances: A. Ordinance No. 65-00-31 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING SECTION 6-31 OF THE CODE OF ORDINANCES TO ADOPT THE NATIONAL ELECTRIC CODE, 1999 EDITION, AND PROVIDING AN EFFECTIVE DATE (City Manager) Motion: Approve Ordinance 25-00-31 on final reading. Mayor Meserve opened the public hearing and invited comments. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X BORNO X X MITCHELSON X WATERS X X MESERVE X Minutes Page 6- February 28, 2000 No one spoke and the Mayor declared the public hearing closed. There was no discussion and the motion carried unanimously. B. ;. Ordinance No. 95-00-73 -Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ADDING SECTION 23-17(e)(3), AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) Motion: Approve Ordinance 95-00-73 on first reading. Commissioner Mitchelson explained the intent of the ordinance. Discussion ensued concerning the percentage of money to be spent on the public tree plantings and language in the proposed ordinance which stated that the money may be spent for "general landscape materials." It was the consensus of the Commission that the money should be used strictly for planting trees. Amendment to the motion: Strike "general landscape materials from the ordinance and insert "tree plantings." Further discussion ensued concerning the intent of the ordinance. The amendment to the motion and main motion were withdrawn. Staff and the City Attorney were directed to rewrite the ordinance to clarify 10% to be spent for plantings on private property in contrast to 10% being spent for the cost of tree plantings. 8. Miscellaneous Business: A. Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 User Fees (City Manager) Motion: Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 User Fees. Commissioner Waters inquired concerning the amounts to be distributed and Public Safety Director Thompson explained the method of reimbursement. There was no more discussion and the motion carried unanimously. OMMISSIONERS Iii O T I O N S E C O N D Y E S N O BoRNO x MITCHELSON X BEAVER X MITCHELSON X BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X Minutes Page 7- February 28, 2000 B. Waive the formal bidding process and approve a Purchase Order to Reed and Shows Meter Repair and Supply Company, Inc. in the amount of $10,900.00 to test 32 large water meters and a sample test of ten 2-inch meters, and provide resulting reports and recommendations to the City (City Manager) Motion: Waive the formal bidding process and approve a Purchase Order to Reed and Shows Meter Repair and Supply Company, Inc. in the amount of $10,900.00 to test 32 large water meters and a sample test often 2-inch meters, and provide resulting reports and recommendations to the city. City Manager Hanson explained the request in detail as set forth in Public Works Director Kosoy's memo dated February 22, 2000 which is attached and made part of this official record as Attachment B. In response to Alan Potter's earlier comment, City Manager Hanson indicated that it would cost approximately $15,000 - $20,000 for the city to purchase its own testing equipment. He also indicated that a vehicle would be needed to transport the testing equipment to test meters on-site. He felt that it would cost approximately $40,000.00, excluding manpower, for the city to set up its own program. There was no more discussion and the motion carried unanimously. C. Authorize Staff to alter the Dutton Island Park plans to expand the comfort station and build two pavilions, with the total cost of construction not to exceed $250,000; Authorize staff to submit an application for a Florida Inland Navigation District -- (FIND) grant for 50% of the construction costs; Authorize staff to request $36,000 in FIND funding for planning and permitting a small fishing pier on Dutton Island (City Manager) Motion: Authorize staff to alter the Dutton Island Park Plans to expand the comfort station and build two pavilions, with the total cost of construction not to exceed $250,000; authorize staff to submit an application for a Florida Inland Navigation District (FIND) Grant for 50% of the construction costs; authorize staff to request $36,000 in FIND Funding for planning and permitting a small fishing pier on Dutton Island. Public Safety Director Thompson explained the request and funding in detail as explained in his and Recreation Director Johnson's memo dated February OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MITCHELSON X X WATERS X MESERVE X BEAVER X BoRNO x x MITCHELSON X WATERS X X MESERVE X Minutes Page 8- February 28, 2000 21, 2000, which is attached and made part of this official record as Attachment C. A brief discussion ensued concerning funding sources for the project, and Commissioner Beaver inquired if the $100,000.00 from the City of Jacksonville could be obtained this year. Public Safety Director Thompson stated that he would look into this. There was no more discussion and the motion carried unanimously. D. Discussion and possible action regarding adoption of an Ordinance to allow additional Homestead Exemption as authorized by State Law (City Manager) Motion: Draft an an ordinance which would allow an additional Homestead Exemption for those residents who are 65 years of age or older with a household income not exceeding $20,000.00. City Manager Hanson explained the request as stated in his memo dated February 18, 2000, which is attached and made part of this official record as Attachment D. Following brief discussion, the motion carried unanimously. 9. City Manager Reports: • Public Safety Director Thompson presented Crime Statistics for the years 1985, 1996, 1997, 1998, and 1999. • Reported that Jani-King, the city's janitorial company had quit, and indicated that he would like to award the contract to the second lowest bidder, Duval Janitorial. Motion: Authorize the City Manager to award the contract to the second lowest bidder, Duval Janitorial. There was no discussion and the motion carried unanimously. • Reported that the Cultural Arts Board proposed to paint a mural on the racquetball court wall facing Jack Russell Park. It was further . reported that the mural would have to be restored every two to four years. Copies of the proposed mural were distributed to the OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X BEAVER X X BORNO X X MITCHELSON X WATERS X MESERVE X Minutes Page 9- February 28, 2000 Commissioners. Indicated that the First Night Committee wished to hire apart-time consultant. Discussion ensued, but no action was taken on the request. 10. Reports and/or requests from City Commissioners and City Attorney City Attorney Jensen Commented on the quote ..."the government has no right to restrict legitimate debate of public issues at public gatherings"... ,which was brought up by a citizen at the previous meeting, and which was attributed to the Supreme Court. Mr. Jensen stated that the case from which the quote came involved an electioneering ban, which prevented campaigning within a certain distance from polling places in Louisiana. City Attorney Jensen further stated that Section 286.011 of the Florida Statutes, contained the following three requirements for public meetings: (1) that they be open to the public, (2) that a notice of the meeting had been given, and (3) that minutes be kept. City Attorney Jensen further stated that there was no requirement at all, for public input on every agenda item. He further stated that if there is a public hearing, the public has the right to speak, but he felt the City of Atlantic Beach allowed more citizen input than most other cities because citizens are allowed to speak not only on any item on the agenda, but also those not on the agenda. Commissioner Beaver Presented a brief report on his meeting concerning the future use of the Adele Grage Community Center. Tearing off the back of the building was discussed. It was suggested that a sketch of the proposed changes be given to a University of Florida architectural class for a project. Commissioner Borno Requested an updated list of Commission items deferred or pending. OMMISSIONERS M O T I O N S E C O N D Y E S , O Minutes Page 10- February 28, 2000 Commissioner Waters • Requested that Commissioner Beaver attend the Project Oversight Committee meetings for the Town Center Project to lend his landscaping expertise to the committee. Mayor Meserve • Requested a progress report from Aikenhead and Odom on the Core City Drainage Project. • Suggested that.the city receive input from the residents of Section H concerning renaming the area. There being no further discussion or business to come before the Commission, the Mayor declared the meeting adjourned at 10:10 p.m. John Meserve Mayor/Presiding Officer ATTEST: Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O