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Minutes / 03-22-99 ~. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MARCH 22, 1999 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: David Thompson, City Manager Maureen King, City Clerk Alan C. Jensen, City Attorney 'The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The Invocation was offered by Mayor Shaughnessy, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held March 8, 1999. The Mayor asked for corrections or amendments to the minutes. Commissioner Mitchelson referenced page 15 of the minutes and requested ~~ that the words "at the same time as the Core City Project" be changed to simultaneous with the 100 block. Mayor Shaughnessy requested that her remark that a verbatim excerpt of Item SA be sent to Mr. Slavin be included on page 6 of the minutes (after Commissioner Borno's final comment). Motion: Approve minutes of the Regular Meeting held March 8, 1999, as amended. The minutes were unanimously approved as amended. 2. Courtesy of the Floor to Visitors: A. Presentation of Proclamation Declaring the Month of April 1999 as Parliamentary Emphasis Month in Atlantic Beach (Mayor) Mayor Shaughnessy read the Proclamation in its entirety declaring the month of April Parliamentary Emphasis Month in Atlantic Beach, and presented the framed document to June Fulford of the First Coast Parliamentarians. ~' e V V C+ T T E E S S M S O E T C I O Y O N E N COMNIISSIONERS N D S O BEAVER X BoRNO x MESERVE X MITCHELSON X X SHAUGHNESSY X X Minutes Page -2- March 22, 1999 Mrs. Fulford thanked the Mayor and Commissioners and invited them or any interested citizen to attend one of their meetings which are held at 1:30 p.m. in the library at Ponte Vedra on the fourth Monday of every month. Mayor Shaughnessy inquired if the parliamentarians were available to instruct the city's committees in parliamentary procedure. Mrs. Fulford indicated that they would provide that type of training. B. J.P. Marchioli of 4~4 Sherry Drive requested that Public Works Director Kosoy prepare for the Stormwater Review Committee (SRC) meeting on Wednesday a layman's point of view of the R-A-M report. Mayor Shaughnessy asked Mr. Marchioli to submit his request in writing to City Clerk King and she would forward it to Mr. Kosoy. C~ 1~'ick Pappas of 281 Pine Street stated those residents living in the 200 block of Pine Street had petitioned the city to install curb and gutter in their block to help alleviate the on-going drainage problems experienced by the property owners. Mr. Pappas urged the city to include curb and gutter for the 200 block with the budgeted drainage improvements for the 100 block of Pine Street. D. Nancy White of 1729 Seminole Road complained of dogs running uncontrolled on the beach and the lack of presence of the Animal Control Officer. She recounted a previous incident where she felt threatened by two large dogs while walking on the beach. Ms. White stated she had met ~.vith Chief Campbell who has addressed her concerns. Mayor Shaughnessy suggested that the Animal Control Officer be provided a cellular telephone so citizens would not have to leave messages on his voice mail. E. Stephen Kuti of 1132 Linkside Drive requested that the City Engineer prepare a separate report for the SRC meeting on Wednesday night. He further stated that R-A-M had used data from the Jacksonville Master Plan and the SRC was not familiar with the data contained in the report. Mayor Shaughnessy suggested that Mr. Kuti address his concerns to the SRC and work within the framework of the committee. (~ F. Dr. Sylvia Simmons of 211 Beach Avenue suggested that the ONL'vIISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- March 22, 1999 non-native plants scheduled for removal from Dutton Island be relocated by Public Works Department personnel to beautify other parts of the city. 3. Unfinished Business From Previous Meeting There was no unfinished business. 4. Consent Agenda: There were no Consent Agenda items. 5. Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 99-7 A RESOLUTION OF THE CITY OF ATLANTIC BEACH IN SUPPORT OF THE U.S. NAVY PRESENTING THEIR ~~ ANNUAL AII2 SHOW AT NAVAL STATION MAYPORT IN THE FALL OF 2000, AND THEREAFTER ROTATING SHOWS BETWEEN NAVAL AIR STATION JACKSONVILLE AND NAVAL STATION MAYPORT (Commissioner Borno) Mayor Shaughnessy read the resolution by title only. Motion: Pass Resolution No. 99-7. There was no discussion and the motion carried unanimously. B. Resolution No. 99-8 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RATIFYING THE BEAUTIFICATION COMMITTEE WHOSE MEMBERS SHALL SERVE WITHOUT COMPENSATION; PROVIDING FOR THE DUTIES OF SAID COMMITTEE; PROVIDING FOR THE DISPOSITION OF FUNDS RECEIVED; PROVIDING FOR THE STRUCTURE OF THE COMMITTEE, PROVIDING AN EFFECTIVE DATE (Mayor) OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MESERVE X riITCHELSON X SHAUGHNESSY X X Minutes Page -4- March 22, 1999 Mayor Shaughnessy read the resolution by title only. Motion: Pass Resolution No. 99-8. Mayor Shaughnessy stated that she had patterned the resolution after those written to create the Recreation Advisory and Cultural Arts Boards. Commissioner Borno refl~renced Section 5 ofthe resolution and stated he would like the word "may" changed to "shall" because he felt the committee should begoverned by by-laws. He also suggested that the committee should comply with the Sunshine Law and be required to keep minutes of their meetings. Amendment to Motion: Change the word "may" to "shall" in Section 5. and add a requirement that minutes of the meetings shall be kept by the board. Some further discussion ensued concerning the Sunshine Law, and ~~ it was believed that adding "the committee shall conduct their business in compliance with all state and local laws," would cover operating in the sunshine. Second Amendment to Motion: Add "the committee shall conduct their business in compliance with all state and local laws" to Section 5. There was no further discussion and the second amendment to the motion carried unanimously. The City Commission then unanimously approved the first amendment to the motion and the main motion. 7. Action on Ordinances: A. Ordinance 95-99-70: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 4, ANIMALS, SECTION 4-10, DANGEROUS DOGS, TO ELIMINATE ANY REFERENCES TO "VICIOUS DOGS", AND ~~ SECTION 4-30(b), CITATIONS AUTHORIZED; OMIvIISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X MESERVE X MITCHELSON X X SHAUGHNESSY X X BEAVER X BoRNO x x MESERVE X MITCHELSON X X SHAUGHNESSY X BEAVER X BORNO X x MESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -5- March 22, 1999 PENALTIES PROVIDED, TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE BE WITHIN THREE (3) YEARS FROM THE FIRST OR PRIOR OFFENSE BEFORE INCREASED FINES ARE APPLIED, AND PROVIDING AN EFFECTIVE DATE (Commissioner Beaver) Mayor Shaughnessy read the ordinance by title only and explained that this was the introduc#ion of the ordinance, and the public hearing would be held on April 12, 1999. Dr. Sylvia Simmons, Chair ofthe Animal Control Review Committee, requested permission to speak. It was the consensus of the Commission to allow her to do so since this was not a scheduled public hearing of the ordinance. Dr. Simmons indicated that she still had a problem with Section 4-10 of the ordinance and distributed copies of that section to the Commission. Dr. Simmons then explained the required corrections. Motion: Defer action on Ordinance No. 95-99-70 to the April 12, 1999 Commission Meeting. Dr. Simmons indicated that she would like to schedule a meeting tivith the City Manager and City Attorney to discuss the needed corrections and finalize the ordinance. 8. Miscellaneous Business: A. Authorize the Mayor to Sign the State of Florida Annual Local Government Financial Report (City Manager) Motion: Authorize the Mayor to sign the State of Florida Annual Local Government Financial Report. There vas no discussion and the motion carried unanimously. B. Authorize the Mayor to Sign the Fourth Amendment to the Contract with Refuse Services, Inc. (City Manager) l OMIvIISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MESERVE X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -6- March 22, 1999 Motion: Authorize the Mayor to sign the Fourth Amendment to the Contract with Refuse Services, Inc. There was no discussion and the motion carried unanimously. C. Appointments to the Cultural Arts Board (4) Mayor Mayor Shaughnessy reappointed Nancy Decandis, Karen Clark, Gary Seabrook, and Alice Gartland to two year terms on the Cultural Arts Board. The appointments were unanimously approved by the Commission. D. Authorize the City Attorney to Consent to a Jacksonville Transportation Authority Order of Taking of Property for Right-of--Way for VVonderwood Road Construction, While Continuing to Negotiate Related Issues for the Benefit of Atlantic Beach (City Manager) ~_ Motion: Authorize the City Attorney to consent to a Jacksonville Transportation Authority Order of Taking of Property for right-of--way for Wonderwood Road construction, while continuing to negotiate related issues for the benefit of Atlantic Beach. There was no discussion and the motion carried unanimously. E. Approve Utility Service Contract with the U.S. Navy and Authorize the City Manager to Sign the Contract Document (City Manager) Motion: Approve Utility Service Contract with the U.S. Navy and authorize the City Manager to sign the contract document. Commissioner Meserve commented that the Navy could not meet the fifteen day payment schedule, and this had been a long standing problem with the Navy. He suggested the city not pursue collection of accumulated late fees. ~~ 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 O BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X X rIESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -7- March 22, 1999 F. Refer Bull Park Improvement Project to the Recreation Advisory Board for Their Review and Recommendations (Mayor) Motion: Refer Bull Park Improvement Project to the Recreation Advisory Board for their revietiv and Recommendations. There was no discussion and the motion carried unanimously. G. Authorize Staff to Develop DesignBuild Specifications for the Replacement of the Culvert on the Causeway to Pine Island (City Manager) Motion: Authorize Staff to develop DesignBuild Specifications for the replacement of the culvert on the causeway to Pine Island. There was no discussion and the motion carried unanimously. (~~ H. Authorize the City Manager to Sign the Interagency AgreementBeriveen JacksonvilleTransportationAuthority and the City of Atlantic Beach, and Authorize a Budget Adjustment not to Exceed 5110,500.00 Motion: Authorize the City Manager to sign the Interagency Agreement between Jacksonville Transportation Authority and the City of Atlantic Beach, and authorize a budget adjustment not to exceed 5110,500.00. City Manager Thompson explained the request as indicated in his report dated March 17, 1999, which is attached and made part of this official record as Attachment A. Mr. Frank Gray, representing The R-A-M Professional Group, explained that the increase was due to an error in calculations when converting from metric and an error in the original estimate. Mr. Gray felt the city could still realize savings by bidding the project with the Jacksonville Transportation Authority, but it would not be known OMMISSIONERS M O T I O N . S E C O N D Y E S N O BEAVER X X BORNO X MESERVE X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X PIESERVE X X rIITCHELSON X X SHAUGHNESSY X BEAVER X BoRNO x x TIESERVE X p1ITCHELSON X X SHAUGHNESSY X Minutes Page -8- March 22, 1999 until the bid opening on March 24, 1999. At 8:05 p.m. Mayor Shaughnessy called a recess to confer with the City Attorney. The meeting was reconvened at 8:08 p.m. Mayor Shaughnessy suggested Mr. Gray put his E and O insurance carrier on notice concerning the error and resulting contract cost increase. There was no further discussion and the motion carried unanimously. 9. City Manager Reports and/or Correspondence: City Manager Thompson: • ~ Stated he would answer any questions concerning his written report to the Commission. The report is attached and made part of this official record as Attachment B. • Distributed a letter from Rick Stuart of Peoples Gas explaining that they were going ahead with Mayport Extension Pipeline utilizing Florida Department of Transportation rights-of--way. Mr. Stuart's letter is attached and made part of this official record as Attachment C. City Manager Thompson explained that the city would continue to negotiate with People's Gas for a franchise agreement. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Borno: • Concurred with the City Manager's summary of the drainage problems on Pine Street included in his report, and requested that the residents of the 200 block of Pine Street receive a copy of the report. It was the consensus of the Commission to do so. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -9- March 22, 1999 • As a member of the city's negotiating team with Peoples Gas, explained the previous negotiations and stated they would continue to negotiate with the company, however, he believed it may be necessary to negotiate with someone at the corporate level. Commissioner Mitchelson • Felt as a fairnesst issue to the citizens charged Section H special assessments, the city should look into rebating, on a . pro rata basis, the savings (minus costs to calculate ~ the savings) realized from the refinancing of the Gulf Breeze Loan. It was requested that the information be brought back to the Commission when it becomes available. pity Attorney Jensen: • Stated that he had talked to Mr. Stuart last Wednesday, concerning therights-of--way proposal and franchise agreement and Mr. Stuart had assured him they would give the city an opportunity to present a revised franchise agreement and had allowed the time to do so. City Attorney Jensen indicated the letter distributed tonight was in direct opposition from what Mr. Stuart had stated verbally on Wednesday. Commissioner Meserve: • Urged the committee to continue negotiations for the franchise agreement with Peoples Gas because of its future revenue potential for the city. • Reported that hvo on-going studies on construction standards and eco-tourism funded through grant money were discussed at the Mayport Waterfront Partnerships meeting. • Reported that 9,800 feet of sewer line was completed and Phase II -the building of Washington Street had begun. Mayor Shaughnessy OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -10- March 22, 1999 • Reported that the cover of the Coastal Management Annual Report contained pictures of the Village of Mayport. • Reported she had met with Karen Scheffer and learned there was between $10,000.00 and $12,000.00 in additional grant monies available for Dutton Island. Requested that a letter be prepared to Karen Scheffer over her signature to request the same. •. Stated she had discussed various bathroom options with Ms. Scheffer and she had provided information on pre-fab bathrooms costing $40,000.00 for two stalls with the slab -attached. Mayor Shaughnessy indicated she would provide information on the pre-fab bathrooms to the Commission. • Inquired if Landers-Atkins had received any direction concerning bathrooms. City Manager Thompson indicated they were asked to include bathrooms in their preliminary ~~ design. Mayor Shaughnessy requested that copies of the pre- fab bathroom brochure be distributed to the Commissioners, and gave the original brochure to Commissioner Beaver for use by the Recreation Advisory Board on Wednesday. • Inquired regarding the design of the culvert for Dutton Island and asked its proposed width. City Manager Thompson indicated that various options were being considered and permitting would be included in the design build specifications. City Manager Thompson stated he would bring this item back to the Commission during the RFP stage. • Indicated her trip to Washington, D.C. with the Chamber of Commerce was very worthwhile and that the related materials would be available in the Office of the City Clerk for review. • Requested that a verbatim transcript of the discussion concerning the City Manager search, which took place during the previous meeting, be sent to Slavin Management Consultants. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -11- March 22, 1999 ~' Commissioner Mitchelson: • Indicated that the city had money budgeted for a grant writer and felt the city should pursue hiring one. City Manager Thompson reported the city was using a City of Jacksonville grant writer at this time. Commissioner Beaver: • Requested an update on the grant funds received for Dutton . Island. Mayor Shaughnessy and City Manager Thompson responded to the request as follows: $100,000.00 in this year's City of Jacksonville budget, $10-12,000 coming from barge canal funds, $25,000.00 as a matching grant for the canoe launch ramp, $30,000.00 from the Jacksonville Port Authority for the culvert work, and a $25,000.00 matching grant for the design work. In addition, two contributions from the Port Authority were also mentioned -one for $30,000.00 and another for $40,000.00. City Manager Thompson indicated he ~' would provide an itemized listing of the grant funds to the Commission. Mayor Shaughnessy: • Congratulated Assistant Public Works Director Kaluzniak on attaining the designation of Certified Environmental Professional through the National Association of Environmental Professionals. There being no further comments or business to come before the Commission, the meeting adjourned at 8:35 p.m. Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: Maureen King, CMC City Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O