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Minutes / 05-10-99 - ~ MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 ' SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MAY 10, 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 Pro Tem Meserve at 7:20 p.m. The Invocation tvas offered by Commissioner Borno, followed by the Pledge of Allegiance to the Flag. Mayor Shaughnessy entered the meeting at this time. 1. Approval of the minutes of the Regular Meeting held Apri126, 1999. ( The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes were unanimously approved as presented. 2. Approval of the minutes of the Joint Meeting with the City Manager Citizen Advisory Board held April 26, 1999. The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes were unanimously approved as presented. In deference to Ray Alfred, Director/Fire Chief of Jacksonville Fire and Rescue, Item 8F was taken out of sequence and acted on at this time. F. Discussion and Related action on Proposed Agreement with the City of Jacksonville Regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor) Motion: Approve the agreement with the City of Jacksonville n for Advanced Life Support and Fire Services for the City of Atlantic Beach and authorize the Mayor to sign the appropriate contract documents. V V O 0 T T E E S S Nf S O E T C I O Y O N E N CONIIvIISSIONERS N D S 0 BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -2- May 10, 1999 Mayor Shaughnessy introduced Chief Ray Alfred and provided a brief account of Chief Alfred's career prior to coming to the City of Jacksonville, and stated he was present to answer any questions the Commission might have concerning the proposed agreement. Commissioner Borno inquired concerning tenure. Mayor Shaughnessy responded there was no recognition of tenure in the agreement. Chief Alfred explained that in terms of time and grade, the Atlantic Beach firefighters would not lose pay and their years of service would count toward retirement and pension. For those individuals who have tenure, the tenure will continue and they will have the same opportunities as Jacksonville Fire and Rescue personnel. He further explained that all Atlantic Beach firefighters would come in at entry level with a pay raise from their current salaries. He indicated that entry level personnel would not get points toward promotional exams for longevity. Engineers will have to serve the same amount of time as Jacksonville personnel, which is one year as an Engineer, after which they will be eligible to take the exam for lieutenant. He indicated that the Atlantic Beach Chief would come into the department with the rant: of lieutenant and would also have to serve one year before being eligible to take the Captain's exam. Commissioner Borno then inquired as to the pre-employment testing requirements. Chief Alfred stated some consideration may be given to waive certain tests if they were recently administered to Atlantic Beach personnel. He indicated there would be psychological and medical exams, a physical agility test, a drug test and because of the life insurance requirements, the firefighters must be non-smokers. He also stated that the 90 day probationary period for benefits would be waived. Commissioner Beaver inquired if any consideration would be given to any firefighter who might fail a test. Chief Alfred responded that they would be give a reasonable opportunity to qualify, which is in the contract. Commissioner Mitchelson expressed concern that individuals who had stayed with the city for many years would lose points for longevity and said he did not want them to be placed in an unfair situation. Chief Alfred indicated that extensive discussions concerning this matter had taken place, with arguments heard on both sides. He stated that absent longevity points, there was no difference in that both Jacksonville and Atlantic Beach firefighters will have to serve one year before being eligible to take the exam for promotions. Chief Alfred believed the Atlantic Beach personnel would have ample time to compete. Chief Alfred believed that the agreement was fair to both sides and reiterated that in terms of tenure, OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- May 10, 1999 it will be applied to the retirement/pension system. Chief Alfred believed it was a good agreement that will bring advanced life support service (ALS) to the city and provide standardized protection for the entire county. Commissioner Mitchelson inquired conceming the schedule for testing and stated he would like to know the outcome of the tests before voting on the contract. Chief Alfred stated the target date for the changeover had been set for June 1, 1999, and it may have to be changed in order to give time to go through the personnel files and review the records. He indicated some tests, such as the physical exam and agility tests, could possibly be waived if they were conducted ~rithin the past 120 days, but those items would have to be determined after review of the files. Chief Alfred indicated that he was in no immediate rush to get this done, and if the Commission wished to have the testing completed before implementation, hewould be amenable to this. Commissioner Mitchelson then inquired as to why the agreement was good for the City of Jacksonville. Chief Alfred responded that it allowed the City of Jacksonville to standardize equipment, coverage, and protection for the county, producing mutual benefits for everyone involved. Commissioner Mitchelson inquired conceming the availability of a ladder truck for Atlantic Beach. Chief Alfred stated that one vas not available presently, but may be available in the future. He indicated that the closest ladder truck, in addition to the one in Jacksonville Beach, vas located at Regency and would respond if needed. Chief Alfred indicated that there were seven ladder companies serving the entire county (840 square miles) and this was a concern which is being investigated. Commissioner Meserve inquired as to Chief Alfred's goals relative to response time. Chief Alfred stated he could see no reason for not maintaining the same response time or improving it, unless there would be an increase in service demands within the city. Commissioner Meserve stated he had five concerns, all which have been addressed except what would happen if the agreement does not work out some years in the future. Commissioner Meserve expressed concern that the City of Jacksonville owned all of the equipment and if they terminated OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- May 10, 1999 the agreement, Atlantic Beach would have to equip a fire department on short notice. Chief Alfred indicated that this was a mutual concern during negotiations, and pointed out that the agreement allows either party to terminate with one year's advanced notice. He felt there was room within the agreement to amicably handle any disagreement that may come up, and indicated the city would not be left without protection. At this time Chief Alfred distributed copies of a financial breakdown of pay adjustments for the Atlantic Beach firefighters. The document is attached and made part of this official record as Attachment A. Mayor Shaughnessy opened the public hearing and invited comments. Christopher Younger of 40 Millie Drive. Jacksonville Beach, contract negotiator with the Professional Fire Fighters of Jacksonville Beach, IAFF L-2622, stated he was representing the Atlantic Beach firefighters and would answer any questions from the Commissioners. Mr. Younger, who is an Atlantic Beach firefighter, supported the agreement. ~~ Stephen Kuti of 1132 Linkside Drive stated that the public had not had an opportunity to review the contract, and expressed concern that the level of service would decline. He also inquired if there would be cost savings to the city by entering into the agreement. James Hill of 372 Second Street (a Lieutenant on the Atlantic Beach Fire Department who was on duty) asked permission from City Manager/Public Safety Director Thompson to ask a question of a critical nature concerning his own future with the Jacksonville Department. Lt. Hill stated he supported the agreement but wanted to make the Commission aware of the impact it would have on two long tenured employees. Lt. Hill, a seventeen year veteran of the Fire Department, stated that leave time for him with Jacksonville would accrue at a lower rate which would greatly affect his quality of life. He also believed it would be more difficult for him to advance because he would not get any points for years of service when taking an exam and would probably never be promoted. Since no one else wished to speak, Mayor Shaughnessy closed the public n hearing. Mayor Shaughnessy stated she had previously indicated she wished to treat the agreement as an ordinance and hold two public hearings in order OMNIISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -5- ~~ May 10, 1999 to have time for citizen review of the agreement. She then stated that the reason the City of Jacksonville could operate the Atlantic Beach station at a lower cost was that the two man rescue unit stationed in Neptune Beach would be moved to Atlantic Beach, which required additional funding for three men. Mayor Shaughnessy inquired how much leave Lt. Hill would lose and he responded his leave days would be cut in half. Chief Alfred stated that he would get 20 rivelve hour days leave per year with the City of Jacksonville. Mayor Shaughnessy then inquired concerning dispatching priority. Chief Alfred stated that it depended upon the circumstances of the call and etiplained the procedure in detail, including mutual aid precedence. Mayor Shaughnessy requested that Chief Alfred repeat the testing procedure. Chief Alfred assured the Mayor that the testing process was not intended to weed out the sixteen Atlantic Beach firefighters with the intent to get rid of them. He stated it would be a fair process. Mayor Shaughnessy then requested further comments concerning the inabilit<• of making rank as suggested by Lt. Hill. Chief Alfred disagreed and felt that Atlantic Beach firefighters would do very well, that the opportunities were there and they would be competitive. Discussion ensued concerning the overall agreement and Mayor Shaughnessy felt the agreement seemed to negatively impact the long time employees. 1Vlotion: Defer action on the agreement until the June 14,1999 Commission Meeting. Commissioner Mitchelson stated he would like to defer action in order to give time for public review of the agreement and to learn the outcome of the testing. Mayor Shaughnessy stated it would give her time to further investigate other aspects of the agreement. Commissioner Meserve felt the city would gain no new knowledge by deferring this matter and believed the best course of action would be to move forward. Commissioners Borno and Beaver concurred with Commissioner Meserve. Mayor Shaughnessy called a recess at 8:40 and reconvened the meeting at 8:45. The motion to defer failed by a three to two roll call vote as follows: Commissioner Beaver, nay, Commissioner Borno, nay, Commissioner OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X r1ESERVE X r1ITCHELSON X X SHAUGHNESSY X X Minutes Page -6- May 10, 1999 Meserve, nay, Commissioner Mitchelson, aye and Mayor Shaughnessy, aye. There being no further discussion, the motion to approve the agreement carried unanimously by roll call vote as follows: Commissioners Borno, Meserve, Mitchelson, Beaver and Mayor Shaughnessy voting aye. Introduction of District 3 Council Member Elect Jerry Holland Mayor Shaughnessy introduced Jerry Holland, City of Jacksonville Council Member elect from District 3, and read a letter she had written to the Commissioners outlining Mr. Holland's plan for representing his constituency. A copy of the letter was distributed to each Commissioner, and is attached and made part of this official record as Attachment B. 2. Courtesy of the Floor to Visitors: A. Proclamation Declaring May as Multiple Sclerosis Awareness Month (Mayor) Mayor Shaughnessy read the Proclamation in full declaring the month of May as Multiple Sclerosis Awareness Month in the City of Atlantic Beach. B. Proclamation Declaring the Week Beginning Sunday, May 9, 1999, as Nursing.Home Wcek (Mayor) Mayor Shaughnessy read the Proclamation in full declaring the week beginning Sunday, May 9, 1999 as Nursing Home Week in the City of Atlantic Beach and presented the document to Commissioner Meserve for display at Fleet Landing. C. Proclamation Declaring the Week May 16 through May 22, 1999, as Public Works Wcek Mayor Shaughnessy read the Proclamation in full declaring the week of May 16 through May 22, 1999, as Public Works Week in Atlantic Beach and presented the Proclamation to Public Works Director Kosoy, Assistant Public Works Director Kaluzniak, and Jack Baldwin, an employee of the Public Works Department, for display at the Public Works Building. Public Works Director Kosoy thanked the Mayor and praised the work of his employees for the excellent job they do to improve the quality of life for the citizens of Atlantic Beach. Item 8H was taken out of sequence and acted on at this time. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -7- May 10, 1999 H. Action on a Request from the Teen Council to Hold a Punk Music Concert in Jack Russell Park (City Manager) Motion: Approve request of the Teen Council to hold a Punk Music Concert in Jack Russell Park at a cost not to exceed $1,500.00 to 6e held Sunday, May 23,1999. Mayor Shaughnessy noted that the Recreation Advisory Board had recommended approval of the request while staff had recommended against it. Additional information provided by the Teen Council was also distributed and briefly reviewed by the Commission. The information is attached and made part of this official record as Attachment C. Peter Coalson, Recreation Advisory Board liaison to the Teen Council, explained the requested budget for the event and stated that the members of the Teen Council had worked diligently to make the event a success. Commissioner Beaver inquired concerning the power source for the sound equipment. Mr. Coalson stated that Brooks and Limbaugh, electricians under contract with the city, had given them a price of $2,130.00 for a temporary service, $3,500.00 for a permanent service and a portable generator would cost approximately $200.00. Commissioner Beaver also inquired concerning radio advertising of the event and stated he did not favor it. Mr. Coalson stated that there would not be any radio advertising and flyers advertising the event would be distributed to local high schools. The Commissioners concurred that radio advertising would not be a good idea. Commissioner Borno felt the indicated price for the temporary service was too high' and it would be best to investigate installation of a permanent service. He also inquired regarding an acceptable decibel level for the concert since the area surrounding the park is residential. Mayor Shaughnessy believed supporting this event would afford the city an opportunity to provide something to do for an age group that had been neglected in the past. She also felt it would be best to investigate the permanent electrical service. Mayor Shaughnessy also expressed concern for the noise, but felt that residents living in close proximity to a park should expect some noise. Commissioner Meserve felt this was an inappropriate use of the park and approval of this concert would open the door for future requests. Commissioner Mitchelson suggested controlling the sound by positioning the speakers away from the residential area. 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 MITCHELSON X SHAUGHNESSY X X Minutes Page -9- May 10, 1999 accuracy of his article on the fire contract. Clark Schaffer of 309 Magnolia Street distributed petitions and a letter requesting that the city acquire Lot 305 of Saltair Subdivision, which abuts Howell Park. The letter and petitions give a detailed history of the land exchange which was approved ten years ago (Ordinance 95-89-38) whereby the-city agreed to exchange Lot 305 for Lot 316 of Saltair Subdivision with Mr. William Hixon. The letter and petitions are attached and made part of this official record as Attachment D. Mr. Schaffer explained that at the time he purchased his property at 309 Magnolia, he was told that Lot 305 would never be developed and would remain part of Howell Pazk. He indicated that no one other than Mr. Hixon appeared to be aware of the property exchange which was not finalized until January 22, 1999. He indicated Mr. Hixon has now offered the the lot for sale. Mayor Shaughnessy asked the City Attorney to explain the sequence of events and inquired as to why the Commission was not notified of the transaction before it took place. City Attorney Jensen explained that in 1989 the Commission determined they would prefer to have the Hixon lot, but there were problems getting a clear title to the Hixon property, which took a long time to resolve. Discussion ensued concerning the chronology of events during the past ten years. Commissioner Beaver felt that this matter should have come back before the Commission considering the amount of time that had elapsed. City Manager Thompson explained that when he became City Manager, he found numerous old files containing items which appeared to have been set aside over the years and never resolved. He indicated that he took the files to City Attorney Jensen and requested that they be cleared up, and this transaction was one of the items. City Manager Thompson indicated that he was not aware of the information presented by Mr. Schaffer, and was under the impression that everyone was aware of the transaction because it had been done by ordinance and he had no prior discussion with anyone from the neighborhood concerning this matter. Commissioner Mitchelson believed the city did not have any options but to complete the deal because of the ordinance. He felt that once the ordinance was passed, the transaction was complete and transfer of title was an administrative matter. Mayor Shaughnessy requested that consideration of an ordinance be placed on the next agenda which would provide that no one could conduct any OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -8- ~, May 10, 1999 Patricia Goelz, Adult Advisor to the Teen Council, suggested that Fab 3 Sound Equipment may be able to help with the decibel level. Mrs. Goelz then introduced Teen Council Members Matilda Anderson and Mike Dias who provided background information on the bands scheduled to perform. Commissioner Mitchelson advised that there should be no profanity on stage and suggested the Teen Council request a written agreement from each band assuring the same. Commissioner Meserve inquired if the event would be covered under city insurance and was informed that it would be covered by the city's insurance and additional insurance was required for the portable stage being rented from the City of Jacksonville. Amendment to the motion: Approve funding not to exceed 53,500.00 for the purpose of installing permanent electrical service (100 amp.) in Jack Russell Park. Commissioner Beaver advised the Teen Council to put on a good concert so this event could be the forerunner for others in the firture. He suggested ~~ that the residents in the area be forewarned concerning the concert. Commissioner Mitchelson suggested that the t-shirts have "Staff 'printed on them so they could be washed and used for future events. Second Amendment: Have "Staff' printed on the t-shirts so they can be reused on a recurring basis for Teen Council events. Patricia Goelz suggested that "security" be placed on the shirts It was confirmed that setup for the concert would begin at noon and the actual event would be held from 1:00 p.m. to 7:00 p.m. There being no further discussion, the first and second amendments, and the motion carried unanimously. Mayor Shaughnessy called a recess at 9:45 p.m. and reconvened the meeting at 9:55 p.m. Mayor Shaughnessy requested that a Resolution be placed on the next agenda to place the first twelve months savings from outsourcing the Fire n Department services into an interest bearing account to set up a restricted reserve fund to replace fire equipment in case the agreement is terminated in the future. Mayor Shaughnessy complimented Peralte Paul of the Shorelines for the OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PIESERVE X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X iv1ESERVE X MITCHELSON X X SHAUGHNESSY X X Minutes Page -10- May 10, 1999 type of land transaction without an ordinance and that the ordinance would include a time limit for the transaction to take place. Mayor Shaughnessy also requested that consideration of the purchase of Lot 305 in Saltair Subdivision be place on the next agenda. 3. Unfinished Business From Previous Meeting A. Atlantic Boulevard/Mayport Road Flyover JTA -Height Limitations -Definition of Structure City Attorney Jensen distributed a memo addressing the Commission's inquiry during a Special Called Meeting held May 3, 1999, concerning if the Jacksonville Transportation Authority would be required to obtain a variance to the city's height restrictions contained in the City Code in order to construct the proposed flyover. The memo dated May 4, 1999 is attached and made part of this official record as Attachment E. Mayor Shaughnessy read the definition of "structure" from the code and the City Attorney's opinion that nothing in the City Code addresses the situation created by the Mayport Road flyover. Mayor Shaughnessy stated she would like to refer this matter to the Community Development Board to see if they would have jurisdiction over this item or would give their interpretation of the word "structure." Dezmond Waters, a member of the Community Development Board, pointed out that in addition to the City Code, the definition of "structure" from the Southern Standard Building Code (SSBC) must also be considered. Mayor Shaughnessy requested that Building Official Ford forward the definition of "structure" from the SSBC to the Commission. Commissioner. Borno suggested that if the Community Development Board determined that the ordinance needed to be amended, they should come back to the Commission with the recommended wording for consideration. Mayor Shaughnessy inquired of Building Official Ford if the definitions found in the SSBC changed frequently and he replied that they changed infrequently and the definition found in the Zoning Code came from the SSBC. Commissioner Beaver asked City Attomey Jensen if the JTA or FDOT had authority to overturn a local ordinance - if they were exempt from local ordinances. City Attorney Jensen advised that was the normal position taken by them, but he felt if the city had a ordinance that applied to that type OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page =11- (,,,~ May 10, 1999 of structure, he would try to enforce it. He indicated that he was not aware of anything that would exempt the JTA from enforcement of the ordinance, however, it may be different for the FDOT. Mayor Shaughnessy requested that City Attorney Jensen provide the Commissioners any enabling or enacting legislation on the JTA within forty-eight hours. City Attorney Jensen replied that he would try to do so. The Mayor recapped the discussion, and stated that the Commission really needed to know if the JTA could build the flyover without permission. The height ordinance would be referred to the Community Development Board and Mayor Shaughnessy inquired if there would be a timing problem if "flyover" vas included in definition of "structure". City Attorney Jensen advised that the word "flyover" did not have to be included and suggested that the ordinance be expanded to say that it applies to any structure whether it can be inhabited or not for living or business purposes. Mayor Shaughnessy indicated she liked the simplicity of the suggested language and requested that the City Attorney put it in the proper form. She then inquired if it would have to be changed throughout the ordinance or if it could just be placed in the definitions section of the ordinance. City Attorney Jensen stated he would have to meet with Community Development Director Worley to assure the changes are made to each pertinent section of the code. Mayor Shaughnessy requested that the City Manager coordinate staff efforts relative to this matter. City Manager Thompson agreed to do so. 4. Consent Agenda: Commissioner Mitchelson requested that Item 4B be removed from the Consent Agenda for discussion. A. Acknowledge Receipt of Monthly Reports from Building, Code Enforcement, Occupational License, and Recreation Departments for the Month of April 1999 (City Manager) C. Authorize the Mayor to Sign the State Revenue Sharing Application for Fiscal Year 1999-2000 (City Manager) D. Reject all Bids Received for Lawn Maintenance Service at City Facilities, Pursuant to the Specifications of Bid No. 9899-19 (City Manager) E. Award a Contract to Court Surfaces, Inc. in the Amount of OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -12- May 10, 1999 511,460.00 to Rehab Two Racquetball Courts at Jack Russell Park, Pursuant to the Specifications of Bid 9899-22 (City Manager) By voice vote Consent Agenda Items A, C, D and E were unanimously approved as recommended. B. Award Contract to Insituform Technologies, Inc. in the Amount of 5239.305.00 for Lining Sanitary Sewers and VVetwells Pursuant to the Specifications of Bid No. 9899-21 and Authorize the City Manager to Sign the Contract (City Manager) Commissioner Mitchelson expressed concern that the city received only one bid for a project of this size. He felt additional bids were needed and inquired if there was any urgency for completing the project. Public Works Director Kosoy explained that the bid packages were sent to seven firms and three companies had pre-qualified, but two firms which do mostly sewer main lining had pulled out because they did not want to bid on lining manholes. It was further explained that the three manholes on Sea Oats Drive were extremely corroded and needed immediate repair. Discussion ensued concerning bidding the repairs to the manholes and sewer linings as separate projects in order to attract more bidders. It was pointed out that only a few companies perform this type of work and bidding the repairs as separate projects may or may not resolve the problem. Commissioner Borno pointed out and Commissioner Beaver concurred that there was a great deal of construction going on in the area and companies doing this type of work were more interested in larger jobs. Motion: Award contract to Insituform Technologies, Inc. in the amount of 5239, 305.00 for lining sanitary sewers and wet<vells pursuant to the specifications of Bid No. 9899-21 and authorize the City Manager to sign the contract. There was no further discussion and the motion carried unanimously. 5. Committee Reports: A. Report and Recommendations of the City Manager Citizen Advisory Board (Sylvia Simmons, Chair) 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 MITCHELSON X X SHAUGHNESSY X Minutes Page -13- (,,,, May 10, 1999 Dr. Sylvia Simmons, Chair of the City Manager Citizen Advisory Board, reported that the list had been narrowed to eight candidates and no further meetings had been scheduled pending the direction the Commission wished to take in the selection process. Mayor Shaughnessy inquired as to how the Commission wished to proceed and asked if the Commission wished Mr. Slavin to fly to each candidate's hometown to do background checks or if they wanted to fly the candidates to Atlantic Beach for interviews. Commissioner Meserve felt Mr. Slavin should do background checks on the eight candidates to see how many would remain in contention and then make a decision concerning the interview process. Commissioner Beaver concurred but felt it was not necessary for Mr. Slavin to travel at this time. Dr. Simmons suggested that Mr. Slavin conduct phone interviews and check references from his office. Discussion ensued concerning background checks and drug testing and ~'`, City Manager Thompson stated the city would use its own data base for background checks. It was the consensus of the Commission that Mr. Slavin conduct phone interviews and check references of the eight candidates, but there would be no travel at this time. 6. Action on Resolutions: A. Resolution No. 99-12 A~RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1998 AND ENDING SEPTEMBER 30,1999, FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR LINING SANITARY SEWERS AND WETWELLS AT VARIOUS LOCATIONS ASSOCIATED WITH BID NO. 9899-21 (City Manager) The Mayor read the Resolution by title only. Motion: Adopt Resolution No. 99-12. There was no discussion and the motion carried unanimously. B. Resolution No. 99-13 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BoRNO x x riESERVE X MITCHELSON X X SHAUGHNESSY X Minutes Page -14- May 10, 1999 ~~ A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REDUCING THE INTEREST RATE ON THE ASSESSMENTS FOR IMPROVEMENTS MADE IN SECTION H, AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) The Mayor read the Resolution by title only. Motion: Adopt Resolution No. 99-13. Commissioner Mitchelson inquired concerning the effective date of the resolution and City Manager Thompson explained it would be implemented October 1, 1999. There was no further discussion and the motion carried unanimously. 7. Action on Ordinances: There vas no action on Ordinances. 8. Miscellaneous Business: A. Public Hearing and Action on a Request for aUse-By-Exception Filed by Dirk Mueggenburg to Operate a Wholesale Herbal Tea and Vitamin Business at 1179 Atlantic Boulevard, Zoned Commercial General (CG) (City Manager) Motion: Accept recommendation of the Community Development Board and approve the Use-by-Exception filed by Dirk Mueggenburg to operate a tivholesale herbal tea and ti•itamin business at 1179 Atlantic Boulevard, zoned Commercial General (CG). (Subject to the conditions that (1) No retail sales be permitted and (2) that the use-by-exception be granted to the applicant only and for this location only) Mayor Shaughnessy opened the public hearing and invited comments. No one wished to speak and the public hearing was declared closed. There was no discussion and the motion carried unanimously. B. Public Hearing and Action on a Request for aUse-By-Exception Filed by David Rockwood to Operate a Painting Contractor Business on Property Located at the Southwest Corner of Edgar Street and Mayport Road, Zoned Commercial General (CG) (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 MESERVE X MITCHELSON X X SHAUGHNESSY X BEAVER X X BORNO X X PiE S ERVE X MITCHELSON X SHAUGHNESSY X Minutes Page -15- May 10, 1999 Motion: Motion: Accept recommendation of the Community Development Board and approve the Use-by-Exception filed by David Rocl.-wood to operated a painting contractor business on property located at the south`r•est corner of Edgar Street and Mayport Road zoned Commercial General (CG). (Subject to the conditions that (1) a limit that not more than five (5) commercial vehicles be parked on-site, (2) that at least ten (10) total parking spaces be provided, (3) not outside storage of paint, chemicals or other hazardous materials be permitted, and (4) that the exception be granted to the applicant only for this location only. Mayor Shaughnessy opened the public hearing and invited comments. No one spoke and the public hearing was declared closed. There was no discussion, the motion carried unanimously. C. Public Hearing and Action on a Request for aUse-By-Exception Filed by Randy Wilson to Operate a Boat Trailer Sales and Service Business at 1860 Mayport Road, Zoned Commercial /'~, General (CG) (City Manager) Motion: Motion: Accept recommendation of the Community Development Board and approve the Use-by-Exception filed by Randy Wilson to operated a boat trailer sales and service business at 1860 Mayport Road, zoned Commercial General (CG). (Subject to the conditions that (1) limit the maximum number of trailers for sale or repair to thirty (30) and (2) that the use-by-exception be granted to the applicant only and at this location only). Mayor Shaughnessy opened the public hearing and invited comments. No one wished to speak and the public hearing was declared closed. There was no discussion, the motion carried unanimously. D. Waive the Formal Bidding Requirements and Award a Contract to Hightower Geotechnical Services, Inc. to Perform Repairs to the Buccaneer Operations Building at a Cost of 512,316.00.00, and Authorize the City Manager to Sign tiie Contract (City Manager) ~' Motion: Waive the formal bidding requirements and award a contract to Hightower Geotechnical Services, Inc. to perform repairs to the Buccaneer Operations Building at a cost of 512,316.00.00, and authorize the City Manager to sign the 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 X SHAUGHNESSY X BEAVER X X BORNO X X MESERVE X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -16- May 10, 1999 contract. City Manager Thompson explained the request and stated the city would save $4,184.00 by using Hightower Geotechnical Services, Inc. There being no further discussion, the motion carried unanimously. E. Approve the Final Change Order for Levy Road Improvements for Petticoat Contracting, Inc., in the Amount 826,721.68.00, Representing an Increase of $11,073.18 in the Total Contract Price (City Manager) Motion: Approve the Final Change Order for Levy Road Improvements for Petticoat Contracting, Inc., in the amount of $26,721.68.00, representing an increase of 811,073.18 in the total contract price and authorize the City Manager to sign the Change Order. City Manager Thompson explained that the requested increase resulted ~, from unanticipated problems and included additional paving in the roadtivay transitions, asphalt driveway repair and concrete driveway repair, as well as extra waterline and drainage pipe to avoid utility conflicts. Commissioner Beaver complimented Public Works Director ICosoy on the project results and Commissioner Borno complimented Ernie Beadle, for the professional manner in which he conducted project inspections for the city. There being no further discussion, the motion carried unanimously. F. Discussion and Related action on Proposed Agreement with the City of Jacksonville Regarding Advanced Life Support and Fire Services for Atlantic Beach (Mayor) Item 8F was moved forward on the agenda and acted on after Item 1. G. Action on Fire Department Bargaining Contract (City Manager) Motion: Approve one year Fire Union Contract from October 1,1998 through September 30,1999. There was no discussion and the motion carried unanimously. H. Action on a Request from the Teen Council to Hold a Punk Music Concert in Jack Russell Park (City Manager) OMNIISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MESERVE X X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X X MESERVE X MITCHELSON X SHAUGHNESSY X X Minutes Page -17- May 10, 1999 l Item 8H was moved forward on the agenda and acted on after Item 2. I. Approve the Proposal of Landers Atkins Planners, Inc. in the Amount of 527,583.00 to Design a Master Plan for Pine (Dutton) Island and Authorize the City Manager to Sign the Contract (City Manager) Motion: Approve the proposal of Landers Atkins Planners, Inc. in the amount of 527,583.00 to design a Master Plan for Pine (Dutton) Island and authorize the City Manager to sign the contract. Commissioner Meserve stated that he wanted to make sure public involvement of all interested parties and meetings were conducted early on in the design stage of the plan. City Manager Thompson explained the proposed procedures to be followed by Landers Atkins. Additional discussion concerning the development of Dutton Island relative ~, to the Centex property is included under Item 9. There being no further discussion, the motion carried unanimously. J. Action on the Recommendation of the Community Development Board to Amend the Zoning Code to Clarify Fence Regulations on Corner Lots (City Manager) Motion: Amend ordinance as recommended to include as follows: "On corner lots, no fence, hedge or wall exceeding four (4) feet in height shall be constructed within fifteen (15) feet of aside property line which abuts a public street and no fences may be built on top of berms." City Manager Thompson explained that the language suggested by the Community Development Board was added to the existing ordinance to clarify the interpretation used by the Board in the past. Discussion ensued concerning the addition of "no fences may be built on top of berms" to the proposed ordinance amendment. Cit}~ Attorney Jensen advised that "berms" and "measurement of grade" would have to be defined in order to make the change. ~~ After further discussion, Mayor Shaughnessy withdrew her second and Commissioner Mitchelson withdrew his motion. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X PIESERVE X X tIITCHELSON X SHAUGHNESSY X PIITCHELSON X SHAUGHNESSY X Minutes Page -18- May 10, 1999 Motion: Approve recommendation of the Community Development Board to amend the Zoning Code to clarify fence regulations on corner lots by the addition of the following in Section 24-157: "On corner lots, no fence, hedge or wall exceeding four (4) feet in height shall be constructed within fifteen (15) feet of a side property line which abuts a public street" and place the proposed ordinance on the nest Commission agenda for first reading. There being no further discussion and the motion carried unanimously. 9. City Manager Reports and/or Correspondence: Cit}• Manager Thompson: • Updated the Commission on Y2K preparations and advised this item would be on the next Commission agenda. • Stated a test would be conducted by the Police and Fire Departments on Saturday at the five way stop to see if fire trucks ~~ could safely negotiate a roundabout. • Reported a check had been received from FEMA in payment for Atlantic Beach firefighters' assistance rendered during last year's wild fires. • With reference to Lt. Hill's request to address the City Commission, the City Manager explained that he had told Fire Department personnel who wanted to attend the meeting while on duty that they could attend and could answer any questions they might be asked by the Commission, but if they wished to ask questions, they needed to take leave and do so on their own time. • Reported that Community Development Director Worley and he had attended meetings concerning the Centex property and contrary to what was reported in the local newspaper, no commitment of any money to the City of Jacksonville for the purchase or maintenance of the property had taken place. City Manager Thompson stressed that he had advised Jacksonville representatives that neither he or Mr. Worley had the authority or authorization to commit anything to the City of Jacksonville. He then asked Commission direction concerning the Centex property. Commissioner Beaver stated that he wanted it known that the person who wrote the newspaper article was given misinformation OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X riESERVE X riITCHELSON X X SHAUGHNESSY X Minutes Page -19- May 10, 1999 concerning the city's commitment by the City of Jacksonville. Discussion ensued concerning the city's participation in the purchase of the property. Mayor Shaughnessy believed the city should find the money and commit to 10% of the purchase price ($270,000) and suggested that the city leave 90% of the property as buffer and use only 10% of the acreage. It was suggested that the property could be used as a parking lot for Pine (Dutton) Island. Commissioner Meserve felt the city could not afford 10% of the purchase price and believed purchase of the property should be part of the budget process. He expressed concern for the amount of unbudgeted money being spent on park land. Commissioner Beaver favored purchase of the property if the funding was available. Commissioner Borno felt the city needed to investigate funding sources. He favored purchasing the property and wished to keep it as natural as possible to keep maintenance costs down. City Manager Thompson informed the Commission that the grant for purchase of the property was due in Tallahassee on June 2, 1999. He indicated that he would be meeting with the City of Jacksonville representatives the following day and would inform the Commission of the outcome of the meeting. He further stated that if needed, a special called meeting could be scheduled to discuss the matter further. 10. Reports and/or requests from City Commissioners and City Attorney Mayor Shaughnessy Suggested a thirty day freeze on Public Works Department spending unless there was an emergency. Requested that a letter be sent to the Massachusetts Highway Department concerning roundabouts. It was reported that for safety concerns, roundabouts were being removed in that state. • Stated that June 14, 1999 was Flag Day and inquired if the Commisioners would like to have an opening ceremony with the scouts and chorus. 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 -20- May 10, 1999 • Gave information on trees for urban environments to the City Manager. • Set a Special Called Meeting for Wednesday, May 12, 1999 at 5:00 p.m. to discuss the Centex property. There being no further comments or business to come before the Commission, the Mayor declared the meeting adjourned at 12:22 a.m. Suzanne Shaughnessy 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