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Minutes / 05-24-03,- ~ MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMTSSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, MAY 24, 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 Chaplain Dedra Bell of Mayport Naval Air Station, followed by the Pledge of Allegiance to the Flaa. 1. Approval of the minutes of the Special Called Meeting held May 3, 1999. 2. Approval of the minutes of the Regular Meeting held May i0, 1999 ~"'~'', 3. Approval of the minutes of the Special Called Meeting held May 10, 1999. The Mayor asked for corrections or amendments to the minutes, and there were none. The minutes of the Special called Meeting of May 3, 1999, the Regular Meeting held May 10, 1999 and the Special Called Meeting held May 10, 1999 were unanimously approved as presented. 2, Courtesy of the Floor to Visitors: A. Jeff Alexander with a Presentation Regarding the 1998 Northeast Florida Regional Planning Council Hurricane Evacuation Study (Mayor) Jeff Alexander of the Northeast Florida Regional Planning Council updated the Commission on the Hurricane Evacuation Study being prepared by the Planning Council. Mr. Alexander indicated that the Technical Data Report section of the study was currently under state review, and the Behavioral, Transportation, and Storm Surge Atlas sections of the study were complete. Mr. Alexander defined the five categories of hurricanes and stated the most V Y O 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- May 24, 1999 lethal part of a hurricane, which causes the most deaths, was the storm surge. Mr. Alexander showed slides of properties located along the coast beginning in Fernandina Beach and ending in St. Augustine and used overlays to illustrate the expected level of the storm surge in category 3-5 level storms. Mr. Alexander stressed the importance of evacuation and stated the worse places to be during a hurricane were in a mobile home or car. Commissioner Borno inquired if the study addressed special needs. Mr. Alexander stated the study did not address special needs and it was the responsibility for each county to keep its own special needs data current. Commissioner Mitchelson inquired concerning removing barricades on usable roads during an evacuation situation. Mr. Alexander stated that usable roads must be returned to preconstruction condition within twelve hours of an evacuation notice. Mr. Alexander indicted that the "Return to Capacity" clause has been included in Florida Department of Transportation (FDOT) contracts for some time. Commissioner Beaver inquired if the Beach Boulevard bridge would be in the up position during an evacuation situation. Mr. Alexander explained that the Federal Navigation Act placed bridges under the jurisdiction of the Coast Guard and the bridge would be opened to allow boat traff c to pass through until wind speed would make it unsafe to do so. He indicated that to alleviate the problem, the FDOT was in the process of replacing draw bridges statewide. Mayor Shaughnessy thanked Mr. Alexander for his infornzative presentation and announced the next meeting of the Planning Council would be June 2, 1999 at noon. Mayor Shaughnessy and Commissioners Mitchelson and Borno .indicated they would attend the meeting. Commissioner Meserve stated he would attend the meeting if possible. B. B. Kraig McLane, Intergovernmental Program Manager for the St. Johns River Water Management District with a Report Relative to the District's Water 2020 Project (Mayor) Al Canepa of the St. Johns River Water Management District and Ed Copeland of HDR Engineering presented the results to date of the District's Water Supply Plan for the year 2020. Demand projections, def cits, water-supply planning limitations, options and alternative water sources were briefly reviewed. It was reported that the plan would be finalized and was scheduled for completion in October of this year. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -3- May 24, 1999 During the presentation, Mr. Canepa showed slides and answered questions of the Commission. Commissioner Barno felt prior planning for an adequate water supply was good, but inquired why conserving water was not mandatory. Water conservation requirements were explained and it was reported that if the water levels became too low conservation would become mandatory. Commissioner Mitchelson inquired concerning water purification, and Mr. Copeland briefly explained the process and indicated that costs for desalination have dropped considerably in recent years. There were no more questions and Mayor Shaughnessy thanked Messrs. Canepa and Copeland for the presentation. (The draft copy of Water 2020 for Work Group Area V is on file in the Office of the City Clerk} C. David Boyer of 2061 Beach Avenue inquired regarding the status of the plan for a proposed roundabout (traffic circle) at the fve way stop at ,, the intersections of Sherry/Plaza/Seminole Road submitted to the previous City Manager. He stated that he understood that the plan had been submitted to the City of Jacksonville traffic engineering department who responded favorably to the concept. Mr. Boyer commented on the results of the testing which occurred at the five-way intersection on Saturday and disagreed with information contained in the staff report. The Staff Report is attached and made part of this official record as Attachment A. Mr. Boyer felt the Commission needed to decide if they wanted to have a traffic. circle at the location. He felt it could be done and suggested hiring a professional to design the traffic circle. Steven Rosenbloom of 1475 Beach Avenue felt the project, if it was going to take place, should be coordinated with the stormwater project. He felt the Commission should contract with a traffic engineer to obtain a professional opinion of the feasibility of the project. Stephen Kuti of 1132 Linkside Drive .submitted a letter to the Commission concerning actions of the Stormwater Review Committee (SRC). The Mayor requested that copies of the letter be disbributed to the Commissioners. The letter is attached and made part of this official record as Attachment B. Commissioner Beaver stated he would Like to know the Commission's feelings concerning the roundabout because if it was a viable project, he OMMLSSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- May 24, 1999 felt an engineering study should be completed in order to coordinate both projects. Mayor Shaughnessy stated she needed additional information and at this time had no opinion on the proposed project. Commissioner Meserve indicated he had received pictures of roundabouts in Italy, one of which showed a double bus using a roundabout with five intersecting roads and two lanes of traffic. He felt the Commission should further investigate use of the roundabout to determine if it would be a workable project. 3. Unfinished Business From Previous Meeting A. Consideration of Purchase of Lot 305, Saltair (Mayor) Mayor Shaughnessy provided a brief history of the land exchange which took place ten years ago, and felt the issue needed to be resolved but there was no legal requirement to do so. City Manager Thompson indicated an appraisal of the property would be completed by the end of the week and at that time staff could evaluate the appraised value of Lot 305. Commissioner Meserve asked for clarification concerning the location of the Lots and inquired if both were buildable lots. The location of lots 305 and 316 was explained and it was confirmed that both were buildable lots. Commissioner Mitchelson expressed concern for the ten year time lapse that occurred between the approval of the land exchange and its finalization, and indicated he did not want this to happen with future transactions. Motion: Purchase Lot 305 of Saltair Subdivision. Commissioner Beaver stated he would like to see the appraisal before making any decision. Commissioner Borno concurred with Commissioner Beaver and stated he would also like to know Mr. Hixon's thoughts on the matter. Mayor Shaughnessy agreed with Commissioners Beaver and Borno, and the second and motion were withdrawn. Motion: Defer consideration of the purchase of Lot 305 until the June 14, 1999 Commission Meeting. OMMISSIONERS M O T I O N 5 E C O N D Y E S N O SHAUGHNESSY X BoRNO x BEAVER X X BoRNO x x MESERVE X MITCHELSON X SHAUGHNESSY X Minutes Page -5- May 24, 1999 City Manager Thompson indicated that a purchase price for the lot would have to be negotiated and a funding source for the purchase found, if the city wished to acquire the lot. Mayor Shaughnessy requested that the City Manager bring a funding source for the acquisition back to the next meeting. There being no further discussion, the motion carried unanimously. Clark Schaffer of 309 Magnolia Street urged the Commission to purchase the Iot 305 and submitted a letter supporting his position, a copy of which is attached and made part of this official record as Attachment C. 4. Consent Agenda: A. Accept the Bid of John L. Shadd Trucking to Provide crushed Limerock at a Cost of $11.25 Per Ton Pursuant to the Specifications of Bid No. 9899-23 (City Manager) Motion: Accept the Bid of John L. Shadd Trucking to Provide crushed Iimerock at a cost of $11.25 per ton pursuant to the :specifications of Sid No. 9899-23. There was no discussion, and the motion carried unanimously. 5. Committee Reports: Stormwater Review Committee {SRC) Dr. Sylvia Simmons, Acting Chair of the Stormwater Review Committee during the May 18, 1949 meeting, stated the minutes had not been approved by the committee and there was no report at this time. 6. Action on Resolutions: A. Resolution No. 99-16 A RESOLUTION OF ESTEEM FOR ET~EANOR ASHBY (MAYOR) Mayor stated that Ms. Ashby was unable to attend tonight's meeting and deferred action on this item to the June 14, 1999 meeting. B. Resolution No. 99-15 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING AN ACCOUNT IN THE OPERATING BUDGET FOR THE FISCAL YEAR 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 SHAUGHNESSX X Minutes Page -6- May 24, 1999 BEGINNING OCTOBER 1, 1999, AND FUTURE YEARS, FOR THE FURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION OF FIRE FIGHTING EQUIPMI+;NT AND OTHER NECESSARY EXPENSES IN CONNECTION WITH THE REESTABLISHMENT OF A CITY FIRE DEPARTMENT, AND PROVIDING AND EFFECTIVE DATE The Mayor read the Resolution by title only. Motion: Adopt Resolution No. 99-15. Commissioner Mitchelson inquired if the dollar amount to re-establish the fire department was known for the first year. City Manager Thompson stated that the specific cost had not been determined, and it may be advisable to make the commitment for more than one year. Commissioner Beaver inquired as to the level of commitment which could be made by a resolution. Mayor Shaughnessy believed the commitment could be made for one year by resolution, but felt it would be stronger if done by ordinance. Discussion ensued concerning the use of the resolution to make the commitment for funding. City Attorney Jensen advised that a resolution could bind the city or set policy, and basically this item was administrative in nature in that it gave direction to staff for preparing future budgets. He further explained that this Commission or any other Commission could overturn the directive by passage of another resolution. Commissioner Borno felt this was a good start and stated he would not be opposed to passage of another resolution for the following fiscal year, if warranted. There being no further discussion, the motion carried unanimously. C. Resolution No. 99-14 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 FOR REVISED ESTIMATES OF REVENUES AND EXPENDITURES CITYWIDE The Mayor read the Resolution by title only. Motion: Adopt Resolution No. 99-14. 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 BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -7- May 24, 1999 Commissioner Mitchelson noted that the budget amendment would eliminate funds for the grant writer, which he felt was an important position. He inquired if the position would be funded during the next fiscal year. City Manager Thompson explained that there was no urgent need to fill the position. He felt it would be needed in the fall since most grants come due in the spring. He further stated that the City of Jacksonville had assisted the city with recreation grants. Commissioner Borno inquired concerning funding the computer upgrades. City Manager Thompson explained that the budget adjustments would provide for the purchase of a new AS/400 computer. There being no further discussion, the motion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 90-99-168-Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24, ZONING AND SUBDIVISIONS, SECTION 24-157, FENCES, HEDGES AND WALLS TO ADDRESS SETBACK REQUIREMENTS ON CORNER LOTS; TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE AN EFFECTIVE DATE (City Commission) Mayor Shaughnessy read the ordinance by title only. Motion: Approve passage of Ordinance 90-99-168 on f rst reading. Mayor Shaughnessy stated the final reading and public hearing would take place on June 28, 1999 due to the thirty day requirement for zoning ordinance changes. There was no discussion and the motion carried unanimously. B. Ordinance No. 95-99-70-Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 4 ANIMALS, ADDING A NEW SEC. 4-S LEGISLATIVE FINDINGS; AMENDING SEC. 4-10, DANGEROUS DOGS, TO CORRECT NUMBERING; ADDING A NEW SEC. 4-11, CLASSIFICATION OF DOGS AS DANGEROUS; CERTIFICATION OF REGISTRATION; NOTICE AND HEARING REQUIREMENTS; CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS; OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BoRNO x x MESERVE X MITCHELSON X SHAUGHNESSY X Minutes Page -8- May 24, 1999 UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK OR SITE BY DANGEROUS DOG; PENALTIES; CONFISCATION; DESTRUCTION; ADDING A NEW SEC. 4-i3 BITE BY A POLICE OR SERVICE DOG; EXEMPTION FROM QUARANTINE; AMENDING CHAPTER 4, ARTICLE II, DOGS AND CATS, SEC. 4-30(B), CITATIONS AUTHORIZED; 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. Motion: Approve passage of Ordinance 95-99-70 on first reading. Commissioner Mitcheison inquired concerning language on page six of the ordinance regarding the period of time between first, second and third offenses. He stated that he thought the time window between offenses was to be three years, not six years. Dr. Sylvia Simmons, Chair of the Animal Control Ordinance Review Committee, stated that when the ordinance was rewritten, a person would start over with a clean slate if they did not have any tickets for a period of three years. Discussion ensued concerning the wording of Section 2 of the ordinance. City Attorney Jensen advised that the current language did not provide for the three year window and needed to be clarified. Amendment to the motion: Strike "three (3) years of first offense" and add "if within the past 36 months." Further discussion ensued and it was determined that the amendment to the motion did not address the rolling three year window for offenses. City Attorney Jensen stated he would draft new language for the ordinance. The second and amendment to the motion were withdrawn and the second and main motion were also withdrawn. Motion: Defer frst reading of Ordinance 95-99-70 to the June 14, 1999 Commission Meeting. 'There was no more discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E 5 N O $EAVER X BORNO X MITCHELSON X SHAUGHNESSY X BEAVER X X BORNO X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -9- May 24, 1999 8. Miscellaneous Business: A. Authorize the City Manager to Negotiate and Enter into Contracts with HTE as an IBM Business Partner for Upgrades on the AS/400, and with Purvis Gray & Company for Upgrades to the Computer Networks in Public Safety and City Hall (City Manager) Motion: Authorize the City Manager to negotiate and enter into contracts with HTE as an IBM business partner for upgrades on the AS/400, and with Purvis Gray & Company for upgrades to the computer networks in Public Safety and City HaII. Mark Szymanski and Mike Martinez of Purvis and Gray were introduced. They were present to answer any questions concerning the proposed upgrades to the networks. Commissioner Borno inquired as to what the city would receive with the upgrade. Mark Szymanski replied that the new network would provide uniformity and reduce maintenance costs. Commissioner Meserve confirmed that the upgrades would take the city beyond the Y2K problems and City Manager Thompson indicated that the upgrades to the entire system should last five years or more. There being no further discussion, the motion carried unanimously. B. Confirm Appointment of Fifth Pension Board Member (City Manager) Motion: Approve appointment of Barry Shaw as the ffth City of Atlantic Beach Pension Board member. There was no discussion, and the motion carried unanimously. C. Authorize the Mayor to Sign a Grant Application for SFY 2000 Drug Control and System Improvement Formula Grant in the Amount of $15,000.00 (City Manager) Motion: Authorize the Mayor to sign a grant application for SFY 2000 Drug Control and System Improvement Formula Grant in the amount of $15,000.00. There was no discussion, and 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 MESERVE X X MITCHELSON X X SHAUGHNESSY X BEAVER X BORNO X MESERVE X X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -10- May 24, 1999 D. Approve Change Order No. 4 in the Lifeguard Station Project, Representing No Change in the Project Cost, and Authorize the City Manager to sign the Change Order on Behalf of the City (City Manager) Motion: Approve Change Order No. 4 in the Lifeguard Station Project, Representing No Change in the Project Cost, and Authorize the City Manager to sign the Change Order on Behalf of the City. Commissioner Mitchelson inquired regarding downgrading the size of the air conditioning unit. City Manager Thompson explained that the 1.5 ton unit specified in the plans was too large for the area to be cooled and had been replace with a more suitable unit. Commissioner Borno inquired if the seacoast type air conditioning unit had been considered. City Manager Thompson indicated that it was researched, but was not cost effective for the size of the building. There being no further discussion, the motion carried unanimously. E. Approve Personnel Classification Modifications for the Buccaneer Utility Division (City Manager) Approve personnel classification modifications for the Buccaneer Utility Division as outlined in a memo dated May 7, 1999 from Division Director Harry McNally. (The memo is attached and made part of this official record as Attachment D). There being no further discussion, the motion carried unanimously. F. Approve Grant Application for Centex Property Improvements and Authorize the .City Manager to Sign the Grant Application (Mayor) City Manager Thompson explained that no action was required at this time, and indicated the documents would be sent for action at a later date. 9. City Manager Reports and/or Correspondence: City Manager Thompson: • Stated that staff had been reviewing the R-A-M report and would provide their report to the Commission on Wednesday. He then ' inquired if the Commission would like to meet with staff and 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 BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -11- May 24, 1999 representatives from R-A-M to discuss the report. Commissioner Borno stated he did not want to meet with R-A-M, .but would like to schedule a workshop to the discuss the report. It was the consensus of the Commission to schedule a Workshop Meeting for 5:00 p.m. on Wednesday, June 2, 1999. City Manager Thompson indicated he would submit questions to R-A-M and requested that the Commissioners also submit their questions in writing. • Distributed draft copies of the Centex grant agreement to the Commissioners. • Distributed copies of a letter from the Massachusetts Highway Department concerning roundabouts. The letter is attached and made part of this official record as Attachment E. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Meserve • Reported on a recent meeting at New Friendship Baptist Church regarding cleaning up the Mayport Road area, setting up a Neighborhood Watch Program, and providing job training and help through the Helping Hands Ministeries to those in need. Commissioner Meserve stated he would keep the Commission informed of future meetings. Commissioner Mitchelson • Referenced a letter he had received from Russell Jones which indicated the city's pump station in Sea Gardens Subdivision encroached on his property. He requested clarification of ownership of the right-of--way and requested that the item be placed on the next Commission agenda. Commissioner Borno • Stated he would like to give each Atlantic Beach Firefighter his badge, at no cost, and retain the Chief and Inspector badges for the archives at City Hall. Motion: Approve request to give each Atlantic Beach Firefighter his badge at no cost, and retain the Chief and Inspector badges 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 -12- May 24, 1999 at City Hall. There was no discussion and the motion carried unanimously. Commissioner Beaver • Suggested a safety campaign to focus on ticketing parents who do not keep their children in safety belts. Mayor Shaughnessy • Reported the Town Center bids came in over budget and that the bids were rejected. The bid specifications will be revised and the project rebid. Mayor Shaughnessy indicated that it was decided to close the streets one block at a time during construction. Commissioner Beaver requested that sleeving for irrigation of the landscaping be included to avoid future problems. • Praised the Teen Council for their successful concert and complimented Recreation Director Timmy Johnson on his work with the Teen Council. Mayor Shaughnessy indicated she had received no negative comments from citizens concerning the concert. • Stated she would like the city to investigate leasing the old Pic `N Save Building for use as a Teen Center. • Noted there was no shower in the new lifeguard building. City Manager Thompson indicated that plans were underway to install a shower and landscaping at the street end. There being no further comments or business to come before the Commission, the Mayor declared the meeting adjourned at 10:40 p.m. Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: 'J Maureen King Certified Municipal Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O .,...~ . ~® ' ~~ ~~~~~ ATTACHMENT A ~, MAY 24, 1999 COMMISSION MEETING P4LYC~ D~PATl`~'N~ENT Date: OS-18-99 By: J. Campbell / C. Mayo Subject: Round About- Five ViTay Intersection Back,~,round: At the request of the City and citizens to research the feasibility of a round about at the intersection of Seminole Road-Plaza Road-Sherry Drive, Chief Mayo and T meet with Steve Rosenbloom, Commisioner Beaver and Mr. Boyer. With the use of traffic cones we measured off the proposed center and traffic lanes of the round about and found the following: 1. With the proposed one-hundred foot diameter center section and atwenty-four foot traffic lane the round about would encroach into the property of the residents on both the southeast corner of Seminole and Plaza, and the property of the residence on the Northeast Corner. 2. The area on the Northeast Corner would require the relocation of the electrical power poles, and the probability of removing at least one tree. 3. The traffic Lane section would extend into the grass area directly in front of the fire station, and with the pavement and curbing it would be within a couple of feet of the existing two large trees. This roadwork, grading and paving, would more than likely kill both of these trees, therefore, requiring removal of same. 4. We made several test runs with the existing fire truck that is stationed here and were able to negotiate a smaller than one hundred foot diameter round about, concluding that the one hundred foot circle could be negotiated. However, in order for the fire equipment to respond on Seminole road, it would require that the truck traverse the entire circle before proceeding either north or south on Seminole. The same would be true for the equipment to go west on Plaza. To turn south on Sherry Drive from the Fire Station would more than likely require the widening of the pavement area on the Southwest corner of Sherry and Seminole Road to allow for the fire equipment to make the right turn onto Sherry Drive. The fire equipment would. also have difficulty in backing into the fire driveway upon return to headquarters, without driving onto part of the center section of the round about. 5. The only other possible problem that can be seen is the converging traffic North on Seminole Road merging with the North bound traffic on Sherry Drive. These l~ two roadways converge at a sharp angle, and with the round about both directions would have non-stop access and may have visibility problems seeing the other competing traffic. Conclusion: We do not believe that a one hundred foot diameter center section and twenty four foot ' traffic lane round about is feasible in this intersection without land acquisition from at least two private citizens, removal of perhaps three trees, and the relocation of existing electrical power poles. This would also require the brushing, enlarging and additional paving of the Southwest Corner of the Seminole/Sherry portion of the intersection to allow for the safe converging of traffic from these two roadways. The Fire Department believes that if this is built, it will have to be constructed so that fire equipment can drive over it, at least the outer portion of the center section. The testing completed this date was conducted with the existing fire truck, and it is unknown if this same truck will be used here. If 3acksonviile stations a larger or other type of equipment here, this could cause additional maneuvering problems. ATTACHMENT B MAY 24, 1999 COMMISSION MEETING Stephen A. Kuti 1132 Linkside Drive Atlantic Beach, ~ 32233 T.~1;.(904) 24b-3700 e-mail: oregcigany~~aol.coin Monday, May 24, 1999 Tcz:. Members of the Atlantic Beach, FL City Commission Minutes of the 5/24/99 Public Meeting Madam Mayor and Commissioners: ~:. On May 18,1999 ,the Stormwater Review Committee had a Public Meeting which was properly posted and attended by a majority of six{6) members ,which provided a legal forum according to Florida law. We had many meetings, since the Mayor appointed this Committee ,but the latest meeting was the first time ,chaired by Sylvia Simmons, when we were allowed to vote and express the will of the majority. You all have the approved minutes of the meeting, since nc~~ne requested changes or corrections before the end of May 21,1999 as requested by the secretary. I will not waste your time by reading the minutes.I will only read the recommendations passed by motions and passed by the majority: a. The Committee does rQt recommend spending $6 million to $9 million for only a two year level of storm protection. (Comment: we have that now without doing anything. b. The City Manager and City Attorney to review the contract with the R A M Group, to determine if the contract has been fulfilled andior breached and hold unpaid monies until that determination is made. c. Terminate the contract with the R A M Group and negotiate with the 2nd and 3rd choice of engineering f irm originally graded by the Commission. d. The City Commission to appoint a Volunteer Engineering Advisory Committee to work at the call of the Atlantic Beach Public Works Director, to help, advise and assist the Director in coordination and implementation of this and other complex, involved projects for the City. (Comments: A small city staff can not oversee the many complex projects, like we have in the last several years) Sincerely yours, Stephen A. Kuti Enclosed.• The Minutes of the S/18/99 SRC meeting and questions to R A M. .~~ ~~ ~ C ~ ~ ~: ~ r.~Zc~-~~~ ~J5/25/99 1b: ~~S I..HHKI tHK Ktbl HUKHIV 1 J 'T Gv r.~oc.+.J ATTACHMENT C '. ~ MAY 24, 1999 COMMISSION MEETING Howell Park -May 24, 1999 Thank you for the opportunity to address the City Commission. At the 1liiay 1Q`~` Commission meeting, I had brought up the issue of the recent swap of city owned property adjacent to Howell Park. Commissioner's discussions quickly turned to the issue of aten-year-old ordinance, which approved the transaction, and the procedures that led to the closure of the property approved by Ordinance 95-89-38. Mayor Shaughnessy took issue with the fact that the Commission did not have an opportunity to reverse the ordinance ahd not complete the transaction. She also xemiazded Mr. Jensen, the City's attorney, that the Commission functioned as a Board of Directors, and therefore the attorney had a fiduciary resgonsihility to apprise the Commission of real estate transactions prior to closing. I will use this government to business analogy to plead my case. The issue of government protocol is not my concern tonight, the re-purchase of lot 30~ Saltair is. If this Commission serves as Board of Directors for the City of Atlantic Beach, all residents of the City are customers, and owners of real estate in the City aze the equivalence of stocl'.halders. That makes me a customer and stockholder of this city. Prior to becoming a customer and stockholder, I implemented due care with respect to my current homestead. Y noticed that. on the plat lot 305 was separate from Howell Pazk, however it was on the tax rolls, as property owned by the City of Atlantic Beach. The home that I was about to purchase was adjacent to tot 3a5 and was represented by the seller as Howell Park. I called the City to inquire as to tb.e status of lot 305. I was informed by the City Manager, the Director of zoning and Planning, and the Director of Parks that lot 30S was considered part of the Pazk and would not be sold or developed. These were representations made by Officers and Agents of the City, and I used this information to make the decision to purchase the house on lot 306. The Officers and Agents of the City did not tell a mistruth, because they did not la~ow the troth about lot 305. The truth was that there was aten-year old ordinance approving lot 305 to'be transferred. They did however make misstatements that ]ed to my decision. The misstatements were due to Boor information reporting within the City. As a businessman I would expect the Officers of xny company to know which property my business owned and which property was encumbered by ordinance. Cl.!/ CJ/ 77 10 • .moo trr7h7Kl'IFiK Ktb I HUKHIV l J v ~.~.~ (:JOt7.J „_,, r,"_ ~ "~ Afrer I began my research into the matter, I discussed my concerns with my neighbors and was surprisedto find out that this misinformation has been circulating for years, and that they too had purchased property bordering Dowell Park based on the misrepresentation. One neighbor, 3ennifer Chalot has a letter from the former City Manager,~Mr. Jarboe, confirming that the Ciry Owned lot 305, and there mere n.o plans to sell or make available lot 305 for development. I submitted a copy of this letter to the Commission at the N1ay 10~' meeting. My concern is not why they swapped lot 345 without the current Commission's approval, it is with information management, and why they did not know that the ordinance to swap the property existed. Information that was crucial. to my purchase decision. The City of Atlantic Beach has recently acquired Dutton Island and is pursuing the acquisition of the Centex Land jointly with the City of .lacksonville. If the City of Atlantic Beach cannot keep track of 118 of an acre of land that it owns, why should this City be granted the guardianship of hundreds of acres? I had recently read in the Beaches Leader that the oziginal estimate of the acquisition cost of over a quarter of a million dollars for the City of Atlantic Beach to secure the Centex Land would be reduced significantly and may even have no cost associated except for future maintenance. This information would lead a prudent person to assume that some of these funds could. be used to acquire lot 305 for a mere $54,040 and restore the integrity of Howell Park, and the City of Atlantic Beach. Now I am a stockholder, and customer of the City of Atlantic Beach. As a representative of the stockholders that live on Magnolia Street and Palrn Avenue, we urge the City to re-purchase lot 305. It is imperative that the Commission appro~re the motion to re-purchase lot 305 Saltair tonight and begin the procedures to secure the property expediently. V~Ie have chaser this forum to pursue the Ciry to do what is right. Officers and Agents of this City have made misrepresentations to its stockholders. The City has the opportunity and wherewithal to correct this gra~re mistake tonight. You are the Board of Directors, run this City like a business and honor your commitments and those of your Officers and Agents. Thank you for your time. ATTACHMENT D MAY 24, 1999 COMMISSION MEETING AGENDA ITEM NO: 8~~ DATE: .~--z7'' q~ CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Staff Changes for Buccaneer Utility Division py, SUBMITTED BY: Robert S. Kosoy, P.E.1Director of Public Worl~~' ,~ r- Harry E. McNally/Plant Division Director ~~~t,~ DATE: May 18, 1999 BACKGROUND: Due to Florida Department of Environmental Protection (FDEP) permit requirements associated with the Buccaneer Wastewater Treatment Plant upgrade, as well as other regulatory requirements, staffing changes for Buccaneer Utility Division are recommended as per the attached memorandum. AlI recommendations are for upgrading existing positions, and they do not include adding personnel. The new "designations" include higher levels of shift coverage and certifications for personnel as required by FDEP. For positions of Lead Operator, Dual Licensed Operator, and Cross Connection Administrator, the City has qualif edicertified personnel that are already capable of moving into the new job designations. The Wastewater Plant Operator and Collection/Distribution Operator positions are currently vacant, and we hope to upgrade to these positions before hiring new personnel. The Lead Plant Operator position, and the additional Wastewater Plant Operator will be needed to meet the requirements of our FDEP permit upon completion of the Buccaneer Wastewater Expansion project. (We suggest upgrading the Wastewater Plant Operator to a Dual Licensed Operator next fiscal year). Upgrading the Water Plant Operator to a Dual Licensed Operator will allow for flexibility in covering shifts at the wastewater plant when personnel are on leave. Upgrading the Utility Worker position to aCollection/Distribution Operator will also allow for flexibility in personnel usage, and will ensure a higher level of skill and knowledge in working with the water and sewer systems. The Cross Connection Administrator position will perform technical and administrative tasks to prevent cross contamination of the potable water system, as required by FDEP. Three of these upgrades are requested immediately. It is important to assign the Lead Plant Operator and the Wastewater Plant Operator to the Buccaneer Wastewater Plant as soon as possible, so those employees can observe construction and receive training in the operation of the new sequencing batch reactor plant. The Collection/Distribution Operator upgrade is also needed now to maintain the high quality of work in the distribution and collection systems. The cost of the .three position upgrades requested for the current fiscal year is approximately $3,500.00. Funding for these three position upgrades is available due to personnel shortages which have occurred during the year. Also, upgrading these positions will allow for weekend plant coverage at the wastewater plant, as required by FDEP. The weekend shift is now covered by operators on overtime. Overtime costs for this purpose will be greatly reduced if the position upgrades are approved. The other position upgrades. are requested to begin during the next fiscal year. The annual cost of these two position modifications, plus costs of the upgrades beginning this fiscal year is approximately $22,000.00 and will be requested during the budget process. No additional personnel are requested. All of the modifications proposed are upgrades of currently approved personnel positions. RECOMMENDATION: Approve the personnel classification modifications for the Buccaneer Utility Division, as noted on the attached memorandum. ATTACHMENTS: 1. Personnel Position table. REVIEWED BY CTTY MANAGER: f May 7, 1999 iYIEMORANDUM TO: GEORGE FOSTER, HUMAN RESOURCES~~DyyIRECTOR FROM: BOB KOSOY, PUBLIC WORKS DIRECTOt~J~?~' ~ ~~ HARRY MCNALLY, DIVISI4NDIRECTOR~~~1'~~ RE: PERSONNEL POSITIONS The following is a summary of personnel changes we are requesting in the Buccaneer Division. PRESENT POSITION COMMENTS POSITION REQUESTED Wastewater Lead Plant This will meet the FDEP permit requirement. The Lead Plant Operator Operator position wi1I require a class "B" state wastewater Operator Effective ASAP operator's license, and a class "C" water operator's license. This position is needed immediately. Utility Wastewater Another wastewater plant operator will be required to meet the 1~Vorker Plant Operator level of operator coverage required by the new FDEP permit. Effective ASAP This position will require a class "C" state wastewater operator's license, and is needed immediately. ~Ve would like to upgrade • this position next budget year to a dual Licensed plant operator, and require the person in the position to obtain a class "C" water license within 2 years of their hire date. Utility Collection! Due to the volume of work in the distribution and collection Worker Distribution system, the Utility Worker in this division performs the same Operator duties as the Collection/Distribution Operator. By reclassifying Effective AStIP the position, we can require the employee to be certified in distribution/collection, which ensures a higher Level of skiI1 and knowledge. This position up~ade is needed immediately. Water Plant Dual Licensed Adding the requirement for the wastewater license will allow the Operator.' Plant Operator person in this position flexibility to legally operate the water Effective plant to cover for employees on leave, or perform other water 10/1/99 plant duties as needed. This position upgrade is requested for budget year FY 99/2000. Meter Reader Cross This position will replace the presently unfilled meter reader Connection position. Across connection control program is required by Administrator state law. The pdrson in this position will administer the Effective program, which ensures no cross connections between potable 1 U/1/~9 and non potable water. Tlus position chance is requested for y budget year FY 99/2000. i MAY 24, 1999 COMMISSION MEETING `_ ~. ~~~~ (~, Argeo Paul Cellucci Jane Swift Kevin J. Sullivan Matthew J. Amorello ~~~~rr~~ Governor Lieutenant Governor Secretary Commissioner May 17, 1999 Mr. David Thompson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 33233 RE: Roundabouts Dear Mr. Thompson: In response to your request; I am relaying some thoughts regarding roundabouts in the Commonwealth of Massachusetts. _ Presently, the Commonwealth does not have any modern roundabouts, although one is in the pre construction phase and another is in the design phase. All of the other traffic circles in Massachusetts are more typical of "rotaries," with large center island diameters. The majority of the rotaries were designed in the 1950's and 1960s. Changes in traffic patterns over the years have necessitated elimination of a number of these rotaries and many have been reconstructed. MassHighway uses some general guidelines for installation of a new modern roundabout. Some of the more common elements of the guidelines include: • traffic volumes from all approaches approximately equal in magnitude • no predominant traffic flow (i.e. inbound in the morning and outbound in the evening) • heavy left turning traffic on some approaches ~ sufficient right of way to construct a roundabout with the proper deflection angles on all approaches I hope this information is helpful. Please contact William Bent at (617) 973-8390 if you have any further questions. Best of luck with your intersection. Sincerely, ~~ ~~ ~~ ~ ~ , ;7 Charles F. Sterling, P~ State Traffic Engineer W12B:File:My Documents/Mist VGord/1999rrhompson599 Massachusetts Highway Department • Ten Park Plaza, Boston, MA 02116-3973 • (617) 973-7800