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02-13-06MINUTES REGULAR CITY COMMISSION MEETING February 13, 2006 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Mayor Pro Tem J. Dezmond Waters III City Clerk Donna L. Bussey Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner Jamie Fletcher Commissioner Sylvia N. Simmons Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Commissioner Borno, was followed by the Pledge of Allegiance to the Flag. Mayor Wolfson welcomed former Mayor Shaughnessy to the meeting. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 23, 2006 and the Special Called Shade Meeting of January 30, 2006 . Motion: Approve the minutes of the Regular Commission Meeting on January 23, 2006 and the Special Called Shade Meeting of Tanuary 30, 2006. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Jane Wytzka, 352 2°d Street, supported the new zoning designation being proposed in Agenda Item 7B and commended the Commission on their rapid action to continue protecting the character of the community. Sally Clemens, 1638 Park Terrace West, reiterated her sentiments from 2003 against `automatic' pay raises for the Mayor and Commissioners. Pat Pillmore, 995 Camelia Street, spoke against any change regarding representation of the City. She discussed the condition and character of the area west of Mayport Road and expressed her opinion that the proposed median cuts for Mayport Road are inadequate. She gave the Februarv 13, 2006 REGULAR COMMISSION MEETING Paee 2 Commissioners an alternative suggestion for making Mayport Road more attractive. Cindy Funkhouser, 850 6th Avenue South, Jacksonville Beach, was introduced by Commissioner Fletcher who invited her to come before the Commission and address the housing crisis that has developed along the Mayport Road corridor. Ms. Funkhouser introduced the other members of the Beaches Housing Coalition who were with her in the audience. She distributed a fact sheet to the Commission, which is attached and made part of this official record as Attachment A. She proceeded to present the situations and circumstances surrounding a large number of low-income families who have recently become homeless due to the closing or condemnation of their residences in the beaches area. She expressed the need for some type of relocation plan for these people and asked the Commission for any help they can offer. Ms. Funkhouser announced that a meeting has been scheduled for noon on February 22nd at the Beaches Habitat to determine and pursue alternatives for the people affected by this housing crisis. Mayor Wolfson suggested that, given the locations of the low-income housing areas being closed, the City of Atlantic Beach should address the issue in conjunction with involvement from the City of Jacksonville and Duval County. He stated that the Commission would discuss the issue later that evening and thanked Ms. Funkhouser for spearheading the coalition to address the situation. He also indicated that at least one of the Commissioners will attend the meeting referenced by Ms. Funkhouser. Thomas Grant, 1909 Selva Marina Drive, addressed Item 7B, the new large-lot residential zoning proposal and asked for more information regarding how many people would be impacted and what the financial losses would be. He also inquired what notice will be given to people affected by this item and what their options will be. Mr. Grant addressed the impervious surface issue and urged the Commission to leave the current definition as it is and proceed with further study. Mr. Grant also agreed with leaving the Subdivision regulations as they are, allowing for City staff administrative approval of two-lot divisions. He inquired about the results of the Commission's recent shade meeting. Mayor Wolfson responded that the information is not public until after the lawsuit is resolved. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment B. His report addressed the following topics: Richardson Lane and the monthly dinner for Northeast Florida League of Cities: February 13, 2006 REGULAR COMMISSION MEETING Paae 3 The City Manager also informed the Commission that, since writing his report, he researched information on the current status of the cable TV legislation in order to draft the letter requested by the Commission to the senators. He indicated that the letters are ready to be signed by the Commission that evening. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Works and Utility Department Monthly Report for January, Utility Sales Report for January, and Report of New Occupational Licenses issued in January (City Manager) B. Award a contract for the Sewer Master Plan Update to Applied Technology & Management, Inc. in the amount of $114,200, and authorize the City Manager to sign the contract (City Manager) C. Approve the list of property as surplus to the City of Atlantic Beach (City Manager) D. Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution of 9-1-1 user fees (City Manager) Commissioner Borno asked to pull Item 4A from the Consent Agenda in order to discuss the Public Works report. Commissioner Fletcher pulled Item 4B for discussion. Motion: Approve Consent Agenda Items C and D as presented Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Borno asked the City Manager if a meeting is planned for review of the Mayport Median project at 60°Io completion status. City Manager Hanson responded that a meeting has been set for March 13th in order for the consultants to inform Commissioners of any design changes made in response to public comments. It was the consensus of the Commission to acknowledge all reports presented in Item 4A. Commissioner Fletcher inquired about the bid process for Item 4B. Donna Kaluzniak, Director of Public Utilities, explained the RFP process used for this service. Ms. Kaluzniak noted that, at a previous meeting, the Commission had authorized the City to negotiate with this top-ranked firm. Motion: To approve Consent Item 4B as presented. February 13, 2006 REGULAR COMMISSION MEETING Paee 4 Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution 06-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO PROVIDE AN ANNUAL APPROPRIATION SUFFICIENT TO PRESERVE, PROTECT AND PROMOTE THE HISTORIC RESOURCES IN OUR NATION'S OLDEST CITY The Mayor read Resolution 06-02 by title only. There was no discussion. Motion: To approve Resolution No. 06-02 as presented. Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Resolution 06-03 RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE NUMBER OF MEMBERS, APPOINTMENT OF MEMBERS AND MEMBERSHIP CRITERIA FOR THE BOARD MEMBER REVIEW COMMITTEE, PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES Commissioner Borno stated he would like to amend the Resolution with the following language. Motion: To amend Resolution 06-03 by adding language to the end of Section 4 (e) stating, "...or if the Commission does not approve of the Mayor's recommendation." Moved by Borno, seconded by Simmons Mayor Wolfson asked that the word "who" be stricken from the last sentence of Section 3. He also requested that the sentence in Section 3 February 13.2006 REGULAR COMMISSION MEETING Page 5 beginning with "The citizen members shall have backgrounds or experience..." be changed from "shall" to "should". Motion: To amend Section 3 of the Resolution by changing "shall" to "should" in the sentence beginning, `The citizen members shall have backgrounds or experience..." and to add language to the end of Section 4(e) reading, "...or if the Commission does not approve of the Mayor's recommendation." Moved by Fletcher, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To pass Resolution No. 06-03 as amended. Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 5-06-45, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, CITY COMMISSION, SEC. 2-20, SALARY OF MEMBERS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read Ordinance No. 5-06-45 by title only and opened the floor to a public hearing. There were no comments from the audience and the Mayor closed the public hearing. Motion: To approve Ordinance No. 5-06-45 on final reading. Moved by Borno, seconded by Waters As a point of clarification, Commissioner Borno stated that this ordinance would change the method of evaluating pay compensation for the Commission from using the Florida League of Cities' summaries to using the CPI-U index. He indicated the change would make the process easier and more simple than in the past. Mayor Wolfson suggested that the ordinance be amended by striking Section 2-20(b). February 13.2006 REGULAR COMMISSION MEETING Paee 6 Discussion ensued regarding the outcomes of striking Section 2-20(b). Motion: To amend Ordinance No. 5-06-45 by striking Section 2-20(b) Commissioner Simmons stated that not enough notice was given in order to properly consider this amendment. Moved by Wolfson, seconded by Fletcher Votes: Aye: 3 -Fletcher, Waters, Wolfson Nay: 2 -Borno, Simmons MOTION CARRIED Questions ensued regarding the relevance of the ordinance if Section 2- 20(b) were removed. City Attorney Jensen clarified that the ordinance determines the method in which the automatic raises are determined and that the amendment eliminates the automatic review and increase every year. Mayor Wolfson called the vote to approve Ordinance No. 5-06-45 as amended. Votes: Aye: 3 -Wolfson, Waters, Fletcher Nay: 2 -Borno, Simmons MOTION CARRIED Commissioner Simmons reiterated her opposition to voting on the amendment at this time without adequate time to study it. Commissioner Fletcher asked the City Attorney for a clarification on the procedure to recall a vote or reconsider a motion. Motion: To reconsider the amended motion. Commissioner Fletcher indicated a need for more time to consider the issue, consider other options, and receive citizen input. Moved by Fletcher, seconded by Simmons Votes: Aye: 3 - Fletcher, Simmons, Wolfson Nay: 2 -Borno, Waters MOTION CARRIED Motion: To table until the next Regular Commission meeting. February 13, 2006 REGULAR COMMISSION MEETING Page 7 Moved by Fletcher, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Ordinance No. 90-06-189, First Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NUMBER 90-01-172, ARTICLE III, DIVISION 5, CHAPTER 24, ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS THERETO, TO ADD NEW SECTION 24-104, ESTABLISHING A NEW ZONING DISTRICT CLASSIFICATION, TO BE KNOWN AS RESIDENTIAL, SINGLE-FAMILY -LARGE LOT (RS-L, PROVIDING FOR RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by its title, noted that it would be opened to a public hearing tonight, and emphasized that this item is not a rezoning. Sonya Doerr, Director of Planning and Zoning, explained that because this ordinance would establish a new zoning district category with new uses, it thus requires two public hearings per Florida Statute. She clarified that this item does not designate an area on the map for rezoning. Ms. Doerr indicated that, before the new zoning area is adopted and put into place, all residents and property owners in and adjacent to the affected area would be noticed on an individual basis. She presented the background information on the item and pointed out that the Community Development Board recommended approval of creating the new category. Mayor Wolfson asked, for the record, how many lots would be affected by this ordinance. Ms. Doerr replied that, based on the generally proposed areas, 271 lots would be affected. The Mayor opened the floor to a public hearing on the item. Pat Pillmore, 995 Camelia Street, supported the ordinance. There were no further comments from the audience and the Mayor closed the public hearing. Motion: To approve Ordinance No. 90-06-189 on first reading. Moved by Borno, seconded by Simmons February 13, 2006 REGULAR COMMISSION MEETING Page 8 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED C. Ordinance No. 95-06-90, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES, ANIMALS, ARTICLE I. IN GENERAL, SEC. 4- 11 CLASSIFICATION OF DOGS AS DANGEROUS, TO PROVIDE FOR EITHER LIABILITY INSURANCE OR A SURETY BOND, AND PROVIDING AN EFFECTIVE DATE Motion: To aunrove Ordinance No. 95-06-90 on first reading Moved by Borno, seconded by Simmons Commissioner Fletcher questioned the possible implications from the proposed changes to the ordinance. City Attorney Jensen explained that the difficulty in acquiring a surety bond is that an individual basically is required to pay 100oIo of the bond's value. Commissioner Fletcher believed this proposed change results in halving the amount of insurance, in some form, that the owner is required to have. He indicated that the City needs more liability coverage and not less. He spoke against eliminating the need for the owner to have both the liability insurance and the surety bond. City Attorney Jensen explained the purpose of the liability insurance versus the purpose of the surety bond. City Manager Hanson provided more background information on the issue and reviewed a previous situation involving a dangerous dog case. He suggested that the City could increase the amount of required coverage to $200,000 and accept the proposed change that acquiring a surety bond would be an option rather than a requirement. Motion: To amend Ordinance No. 95-06-90, Section 1(d) to increase the required amount for the liability insurance and the amount for the surety bond to two hundred thousand dollars ($200,000) rather than one hundred thousand dollars ($100,000). Commissioner Borno questioned if $200,000 is the proper step in liability insurance and stated he would research if the ratio should be $100,000 to $300,000 instead. Moved by Fletcher, seconded by Waters February 13, 2006 REGULAR COMMISSION MEETING Page 9 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Motion: To approve Ordinance No. 95-06-90 on first reading as amended. Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Proposed revisions to the definition of Impervious Surface within Section 24-17 of Chapter 24, the Land Development Regulations, related to swimming pools, the use of pavers, pervious concrete or open grid paving systems, and the applicability of Impervious Surface limits to existing developed lots and redevelopment (City Manager) Rick Carper, Director of Public Works, reviewed the item's background as presented in his staff report. He reported that the Community Development Board recommended that the Commission follow through with the change to consider solid surface pavers as 100% impervious and to continue considering open-grid pavers as 50% impervious. Mr. Carper stated that in a separate motion, the Community Development Board recommended that swimming pools retain their designation as a pervious surface, allowing credit for their retention of stormwater runoff. He indicated that the St. Johns River Water Management District focuses on post-development runoff and does not address swimming pool issues with single-family residences. Commissioner Waters discussed the definition of permeability and did not believe it applied 100% to pools. He mentioned the various repercussions on property owners and on the City if the issue is not resolved. The Commission discussed the issue of pavers, how their impervious surface areas are calculated, and if their installation is reviewed or inspected. Motion: To defer anv action on Ordinance No. 90-06-188 and to ask staff to rewrite the ordinance with changes recommended by the Community Development Board, which would leave the current definition unchanged with respect to the treatment of swimming pools February 13, 2006 REGULAR COMMISSION MEETING Paee 10 as pervious surface, but enact other proposed revisions to the definition of Impervious Surface Area related to the use of pavers, pervious concrete or open grid paving systems, and bring back for consideration at the next Regular Commission meetinE Moved by Borno, seconded by Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Waters asked that Mr. Carper bring back more information on swimming pools and what portion might.be considered pervious surface area so that the Commission could better discuss the issue. Mayor Wolfson asked Mr. Carper for the source of his information regarding swimming pools. Discussion ensued regarding other cities' application of the definition of impervious surface. Commissioner Fletcher asked for the rationale behind other local areas classifying pools as impervious surfaces and the statistics of how this would impact Core City properties if adopted in Atlantic Beach. Mr. Carper requested and was granted more time for this research. It was the consensus of the Commission to bring back more information for consideration prior to rewriting the ordinance. B. Proposed revisions to Section 24-189(a) of the Subdivision Regulations, as contained within Chapter 24, the Land Development Regulations, eliminating the administrative approval of certain two-lot property divisions to require Commission review and approval of such requests (City Manager) Motion: To table Item 8B. Mayor Wolfson explained that, in light of the two lawsuits brought against the City, the Commission is not in a position to discuss this issue in a public forum at this time. Commissioner Borno mentioned the need for the Commission to consider adopting ordinances in order to implement any future changes to the Comprehensive Plan or Land Development Regulations. Commissioner Waters agreed that if the process was to be done ministerially, then the ordinance needs to be rewritten in order to give the criteria by which the Commission can reject or accept these requests. He February 13, 2006 REGULAR COMMISSION MEETING Paee 11 stated his opposition to the City allowing people to subdivide lots in platted communities. Mayor Wolfson responded to concerns regarding the approval process for subdividing lots. He believed that the process should be directed to the Community Development Board first and then come to the Commission with the recommendation of the Board. Moved by Wolfson, seconded by Simmons Votes: Aye: 4 -Borno, Fletcher, Simmons, Wolfson Nay: 1-Waters MOTION CARRIED C. Mandalay Park Design for Mailbox Location (City Manager) Rick Carper, Director of Public Works, reviewed the proposal for the mailbox location at Mandalay Park. He noted that staff's recommendation is to follow the Commission's original direction to remove the mailbox and leave it out of service permanently. Mayor Wolfson reiterated his original vote against the proposed location at Mandalay Park due to safety considerations and cost factors. Mr. Carper briefly reviewed other location options and the Commission discussed the various alternatives. At the request of the Mayor, Mr. Carper repeated, for the record, that the cost of the Mandalay Park option would be approximately $16,000. Commissioner Simmons expressed her support for this option and noted that the Public Safety Director has agreed that the proposed design is safe. Motion: To place the mailbox at Mandalay Park and waive the requirements for a bid process. Moved by Borno, seconded by Simmons to the motion: To continue the sidewalk on the to Moved by Waters, seconded by Wolfson It was discussed that the amendment be addressed as a separate issue during strategic planning sessions or meetings regarding sidewalk projects. February 13, 2006 REGULAR COMMISSION MEETING Paee 12 Votes: (on the amendment to the motion) Aye: 1 -Waters Nay: 4 -Borno, Simmons, Fletcher, Wolfson MOTION FAILED Mayor Wolfson presented his concerns with the safety issues of the proposed design and asked how many Commissioners had been contacted by citizens complaining of the removal of the mailbox. Commissioners Simmons, Borno, and Fletcher indicated they have been contacted regarding the issue. Commissioner Fletcher asked Chief Thompson, Public Safety Director, for his comments regarding the safety of the plan. Chief Thompson acknowledged that there are safer areas for the mailbox, but that the proposed location should not create a problem, especially given the low traffic flow in that area. Votes: (To place the mailbox at Mandalay Park and waive the requirements for a bid process) Aye: 3 -Borno, Simmons, Waters Nay: 2 -Fletcher, Wolfson, MOTION CARRIED Mayor Wolfson asked that the safety issue of the design be reviewed for possible improvement before final implementation. Mr. Carper inquired how the project would be funded. The City Manager informed him that a budget amendment would be needed and prepared. Due to the number of people in the audience awaiting discussion regarding the urgent housing issue that evening, Commissioner Fletcher asked Mayor Wolfson if they could move up Item 10 on the agenda so that he could present his report on the matter. Mayor Wolfson asked the Commission if there were any objections to moving Item 10 up on the agenda. It was the consensus of the Commission to discuss the issue at that point. 10. Reports and/or requests from City Commissioners and City Attorney Commissioner Fletcher • Brought the Commission's attention to an immediate problem that involves families with children who are presently homeless due to the closing of low-income housing in the local area. He asked Ms. February 13, 2006 REGULAR COMMISSION MEETING Pase 13 Cindy Funkhouser to address the situation and provide suggestions for the Commission. • Ms. Funkhouser stated that the most immediate need is to help the homeless families find new housing 'out of the beach area. She described the methods being pursued by the Coalition, i.e. talking with the Navy and other larger agencies in the City of Jacksonville for financial assistance. Ms. Funkhouser believed that the landlords and developers should contribute funds to assist with the relocation of the families. She also expressed that the Jacksonville Housing Authority should ensure that a sufficient amount of affordable housing is available in these types of situations. Antonette "Toni" Sable, 2026 Featherwood Drive West, Atlantic Beach, reported on the situations being forwarded to her agency by the Department of Children and Families. At the request of the Mayor, Ms. Sable provided her phone number so that the Commission could contact her. • Mayor Wolfson pointed out that the City of Jacksonville is responsible for a large part of the situation being discussed and recommended that the Beaches Housing Coalition contact Councilman Alvarez, Mayor Peyton and the Mayport Naval Station authorities. He noted that City of Atlantic Beach can address the issues in its community and that he and the City Manager will bring this issue to the attention of the appropriate authorities at the highest level. D. Report on Possible Improvements to Welcome Signs (City Manager) City Manager Hanson provided the background information on this issue and reviewed the options as presented in his staff report. He asked the Commission for their direction. Mayor Wolfson noted that there has been no movement from Neptune Beach to proceed with a joint welcome sign for the two cities. He suggested that the Commission move forward with improving the existing signs as recommended in the report. Commissioner Waters indicated that Atlantic Beach needs to further communications with Neptune Beach in order to determine if the two cities can agree upon a cost for a new welcome sign. He believed a welcome sign serves an important purpose for the citizens of the City as well as for the tourists. He suggested the Mayor and/or Commissioners attempt to discuss the issue at a meeting with Neptune Beach. He asked the Commission to decide if they wanted to pursue the new design proposed for the welcome sign. February 13, 2006 REGULAR COMMISSION MEETING Paee 14 Commissioner Fletcher spoke against spending the amount of money needed for the new proposed sign. Commissioner Simmons supported Commissioner Waters' statements and believed that the new sign is designed to last a long time and thus justifies its cost. Commissioner Borno also agreed and suggested a joint workshop with Neptune Beach to see what they can afford. He noted that the City could utilize money from the Bed Tax funds to help pay for the cost. Mayor Wolfson stated he was opposed to the cost, but was also opposed to further delay on the item. He recommended that the Commissioners who were in favor of moving forward with the new sign should approach Neptune Beach and discuss the options. Commissioner Waters volunteered to talk with Neptune Beach. It was the consensus of the Commission to move ahead with changes to the other three City welcome signs. E. Public Safety Annual Report for 2005 Chief David Thompson, Director of Public Safety, presented the Public Safety annual report for 2005. Two significant findings were that the overall crime numbers decreased by 15% despite an increase in the City's population and that there was a dramatic reduction in the number of burglaries. He pointed out a new department record increase in the number of calls for service and indicated that the department has been able to provide this increase in service thanks to the high quality of excellent staff employed over the recent years. The Chief displayed graphs and figures depicting the number of crimes and crime rates, the response times of emergency personnel, as well as code enforcement and animal control activity. He indicated that, when compared to the crime rates of neighboring cities and to the state as a whole, Atlantic Beach is doing well. The Commission thanked the Chief and commended him on his report. F. Report on Meeting with Beach Mayors and Managers (Mayor) Mayor Wolfson reported that he attended a meeting on January 27`t' with all the mayors of the beaches along with Mayor Peyton and City Manager Hanson. He noted it was an extremely productive meeting that addressed three major issues. He indicated that their discussion of the Alvarez Resolution 2006-171ed to a follow-up meeting with Councilman Alvarez on January 30"' to discuss the Councilman's specific concerns. Mayor Wolfson noted he would provide more details on that meeting under February 13, 2006 REGULAR COMMISSION MEETING Page 15 Agenda Item 10. He stated they discussed the possibility of pursuing mutual zoning guidelines between Atlantic Beach and the City of Jacksonville. He indicated that Mayor Peyton was receptive and supportive of that idea. Mayor Wolfson noted they also discussed the need for funding sources for improvements with the TMDL situation. He stated that the mayors intended to meet quarterly in order to continue the dialog relating to the beaches and the City of Jacksonville. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment C. The issues addressed in his report were: responsibilities of the building official, web page usage, and new rules from the Water Management District limiting landscape irrigation. In addition to the items in his written report, the City Manager also mentioned that there will be an ongoing inspection by Insurance Service Offices for the fire protection rating in the community. He reported that since the last inspection in 1996, Atlantic Beach has been rated as a 4, but there have been a lot of improvements in fire and water services since then. He noted that the inspection results would not be received for several months. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Borno • Suggested that the Commission look into and review the St. Johns River Water Management District. Commissioner Simmons • Stated that she does not support adopting the new rules limiting landscape irrigation. Commissioner Waters • Asked that more information regarding the issue of swimming pool impermeability be researched through government sources and then he will contact the woman at 16th and Seminole with the information. • Suggested that the City recognize people who add to the beautification of Atlantic Beach. He mentioned creating a letter of Februarv 13.2006 REGULAR COMMISSION MEETING Page 16 recognition and asked the Commission to provide any other ideas for accomplishing this. Mayor Wolfson • Presented a status report on the Alvarez resolution 2006-17. Noted that he already gave the Commissioners a copy of Alvarez' response. Reported that the Alvarez resolution was brought before the Finance Committee last week and was not well-received but has not gone away. Announced that he will join the beaches mayors in a meeting with Council President Kevin Hyde. Stated that, at the invite of Councilwoman Suzanne Jenkins, they will also meet with previous leadership to get a better understanding of the interlocal agreement. • Reported that he attended an Executive Education Seminar on homeland security on February 9th and it was a very informative workshop. Indicated he will give the full report to the City Manager. • Reminded everyone that the final strategic planning session will be held Wednesday, February 15th , at 5:00 pm at the Sea Turtle. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:35 p.m. ~ehaY Donald M. Wolfson, Mayor/Presiding fficer ATTEST: ~ ~ ~ ~~ Donna L. Bussey City Clerk ATTACHMENT A FEBRUARY 13, 2006 COMMISSION MTG Fact Sheet Problem statement: Within the last 6 months hundreds of low-income families have been forced out of their homes along the Mayport Road corridor. The following low-income housing developments have been sold and their families evicted or are in the process of being evicted to make way for high-priced condos: Buccaneer Mobile Home park- 100 homes The Palms-100 homes Lakeside Mobile home park- 90 homes Mayport Trace- 204 homes Atlantic Arms- 100 homes Nautica Pointe-100 homes Total: 694 low-income families losing their homes, over 2000 beaches residents Last year at this time there were 16 low-income developments available for our clients here at the beach. That number is now down to 5 and is dwindling rapidly. At this time there are few if any units available low- income families Effects on disulaced families: • They are being evicted with as little as 30 days notice • They have no money to finance a move; some do not even have the $50 for an application fee for another apartment much less the first, last and security deposit not to mention the new utility deposits and actual moving expense. • Even if they had the money, there is no place to move to in this community- they are not only being forced out of their homes bur out of their communities as well. • This in turn creates a myriad of problem such as commuting back to their jobs at the beach (as most of these people do work out here) Many of them have no reliable transportation and the bus service to and from the beach is not good. In addition their children are enrolled in school here and are now in the middle of the school year. This children's education is also being disrupted • The trauma being created here is extremely concerning from a mental health stand point; we are all seeing people who are under extreme amounts of stress. Statistics show that when stress increases in a household so does the potential for child abuse as well as other types of violence. • These families have been offered no consideration as far as relocation expenses or counseling. Many are not even being given their original deposits back. • When families cannot afford housing the obvious result is homelessness. Lack of affordable housing is currently the #1 cause of homelessness in the U.S.Today and the sector of the homeless population growing at the fastest rate is "families with children". What we are seeing along Mayport Road is a textbook example of why these families become homeless. What can The City of Atlantic Beach do?: We are asking that the City of Atlantic Beach insures that these families, who are being forced out through not fault of their own are being given the resources that they deserve to help them relocate. Many of these people are our service workers here at the beach, some are Navy wives with small children whose husbands are deployed, some are elderly and many are single Moms trying to make ends meet. All of these people concern us but none more so than the children whose lives are being completely disrupted. We ask that you partner with our coalition to help your constituents. ATTACHMENT B FEBRUARY 13, 2006 COMMISSION MTG Februazy 6, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans _ ity Manager SUBJECT: Follow-up eport Richardson Lane; A proposal was presented at the last city commission meeting to make Richardson Lane aone-way street because of the narrowness of the paving and related problems. City staff was directed to meet with azea residents to determine if they would support such a change. On January 24~', the Public Works Director held a community meeting at the Jordan Pazk Community Center for residents of Ardella Road and Richardson Lane to discuss the proposal. All residents and property owners on the affected streets were notified of the meeting by a letter. In addition, Ms. Elsie Thomas of 1968 Francis Street contacted a number of the residents in person to let them know about the meeting. Eight residents (out of 24) attended the meeting along with one business owner (out of four). The attendees were universally opposed to the one-way conversion of their street. Their major reason was they wanted to avoid driving on Mayport Road. Several residents who were unable to attend the meeting also told Ms. Thomas that they were opposed to any change. Based upon the input from the citizens on these streets, it is recommended that the city keep this street for two-way traffic and abandon any idea of designating it as one-way. Monthly Dinner for Northeast Florida League of Cities; Staff was asked in a recent commission meeting to check with the other beach cities to see if they would be willing to co-sponsor one of the monthly dinners for the Northeast Florida League of Cities. It was reported later that both Jacksonville Beach and Neptune Beach officials had agreed to co-sponsor the dinner and that it was scheduled for Thursday, May 18~'. Because of the relatively lazge number of the group (125 +), there aze few locations at the beach available. The Sea Turtle Inn has now been selected for this dinner in May. The event will take place on the Veranda. Invitations for the event will be sent out by the Northeast Florida League of Cities staff approximately one month before the event. ATTACHMENT C FEBRUARY 13, 2006 COMMISSION MTG February 6, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hans ~~a SUBJECT: City Mana is Report Responsibilities of Building Official; It was previously reported that Don Ford will ,retire from the Building Official's position effective February 13, 2006. As of the time of the writing of this report, arrangements are being made to handle the responsibilities of the Building Official both on a temporary and long-term basis. Responsibilities related to the Tree Ordinance will be temporarily assigned to Rick Carper, Public Works Director. In the long-term, it is anticipated that these responsibilities will be retained under the Building Official's job description. Responsibility for supervision of the two painters will be reassigned to another department head. As of the time of this writing, a final decision on the organizational arrangement has not yet been made. We expect to be in a position to announce what arrangements have been made for handling of the building plan reviews and inspection responsibilities by the time of the commission meeting on February 13~'. Web Pa:ze Usage; The city's website is getting a considerable amount of usage. During December of 2005, there were 15,127 visits to the site for an average of 487 per day. Many of the users are city staff. The web page is what staff members open when they are going to the Internet. Out of the 487 users per day, 355 of these were "unique visitors", which only counts users once even if they may log onto the site repeatedly during the same day. Of the 487 users per day, there were an average of 128 first time users to the city's web page. There were also a surprising number of out of state and foreign users of the city's website. New Rules from Water Management District Limiting Landscape Irrigation to Two Days Per Week; The St. Johns Water Management District has sent letters to local governments advising of their newly adopted rules limiting landscape irrigation to no more than two days per week and authorizing local governments to adopt ordinances to enforce those rules if they choose to do so. A copy of a letter dated January 27, 2006 from Linda Burdette of the St. Johns Water Management District is attached for your review. If the City Commission feels that it is necessary for Atlantic Beach to enforce this new rule on behalf of the Water Management District, then an ordinance can be prepared for your AGENDA ITEM #9A FEBRUARY 13, 2006 consideration. However, customers of the Atlantic Beach water system have already dramatically cut back on their water use in recent years. The City has seen several years of declining sales even though the number of customers served by the system has gradually increased. The decline in consumption results from new plumbing standards requiring more efficient fixtures and, most recently, from the adoption of water conservation rates, which the Water Management District mandated. The average consumption of water per customer has declined by over 20% in Atlantic Beach during the last six years. This decline in per capita usage resulted in a decline in sales volume and decreased the revenues available to Atlantic Beach for operation and maintenance of the water and sewer systems. Because of this decline in consumption, it is my opinion that Atlantic Beach has done more than our share in recent years and that additional enforcement of irrigation restrictions may not be necessary at this time. AGENDA I1'iJM Ala ~ FEBRUARY 13, 2006 t. o ns River ~.,~ mater Management District Kirby B. Green III, Executive Director • David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 ~ Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at www.sjrwmd.com. January 27, 2006 Mr. Jim Hanson, City Manager City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Dear Mr. Hanson, On Tuesday, December 13, 2005, the St. Johns River Water Management District's (District) Governing Board approved amendments to the water conservation provisions in Rule 40C-2.042, Florida Administrative Code, limiting landscape irrigation to no more than two days a week. This water-conserving practice is being required in addition to the existing provision prohibiting irrigation between 10 a.m. and 4 p.m. The new amendments apply districtwide and will be implemented beginning March 1, 2006. Enclosed is a copy of the amended rule. Although the water management districts have preemptive authority to regulate consumptive uses of water, section 373.609, Florida Statutes, authorizes local governments to assist in the enforcement of District rules. The new rule amendments provide that local governments may elect to enforce the rule limiting landscape irrigation within their jurisdiction by adopting an ordinance that incorporates the provisions of the rule. The District is seeking your assistance in enforcing the new provisions in order to save water and has developed the enclosed model ordinance to assist you should you desire to adopt an ordinance. Please note that one key rule amendment allows water users to select their two irrigation days unless their local government adopts an ordinance identifying the specific two days that irrigation is allowed. If a local government adopts an ordinance with specific irrigation days, those irrigation days will be as follows: • Odd numbered addresses -Wednesdays and Saturdays • Even numbered addresses or no address -Thursdays and Sundays Please note that a local government has the option of designating two alternative days other than those combinations set forth above for non-residential landscape irrigation if needed to address ' utility system-related demands. Additionally, local governments with a jurisdiction divided between the St. Johns River Water Management District and another water management district may propose an alternative schedule of days when necessary to achieve a uniform schedule GOVERNING BOARD David G. Graham, CHAIRMAN John G. Sowinski, VICE CHAIRMAN Ann T Moore, SECRETARY Duane L. Ottenstroer, TREASURER JACKSONVILLE ORLANDO BUNNELL JACKSONVILLE R. Clay Albright Susan N. Hughes William W. Kerr Ometrias D. Long W. Leonard Wood OCAIA PONTEVEDRA MELBOURNE BEACH APOPKA FERNANDINABEACH AGENDA ITEM #9A FEBRUARY 13, 2006 within its jurisdiction. The alternative schedule must be submitted to the District for review and approval prior to introducing the ordinance for adoption. The new rule amendments also authorize local governments that adopt an ordinance to issue variances from the specific day of the week restrictions provided the applicant demonstrates that compliance with the specified days will result in a substantial economic, health or other hardship. A variance may be granted that allows irrigation to occur on alternative days but may not allow an increase or decrease in the number of days on which irrigation may occur. A variance may also be granted where a contiguous property is divided into different zones so that each zone may be irrigated on different days than other zones of the property. However, no single zone may be irrigated more than two days a week. A variance applicant requesting to irrigate any single zone for more than two days a week should be advised to contact Caroline Silvers at the District's Jacksonville Service Center at (904) 448-7903 for information on how to apply for a standard general permit. A local government is not required to adopt an ordinance. However, ordinance adoption would be necessary if a local government chooses to identify and enforce the specific two days irrigation is allowed to occur or if it simply opts to enforce the District rule that does not specify the two days of the week on which landscape irrigation may occur. The enclosed model ordinance is designed for a local government that chooses to identify the specific days for irrigation. If a local government chooses to adopt an ordinance to enforce the rule under either option, the proposed ordinance must be submitted to the District 30 days prior to adoption. Please note that providing the District with your proposed ordinance will enable us to maintain a current listing on the District's Web site of those local governments that have chosen to implement the specified two-day-a-week restrictions. Questions about the model ordinance should be directed to Melinda Granlund, intergovernmental coordinator, at (904) 448-7904. Local government ordinances should be submitted to the St. Johns River Water Management District, Office of Communications and Governmental Affairs, 4049 Reid Street, P.O. Box 1429, Palatka, FL 32178-1429. We appreciate your assistance with the implementation of the new water conservation provisions. If you need more information about the rule, visit sjrwmd.com and click on "irrigation rule," or call the Office of Communications and Governmental Affairs at (800) 725- 5922. Sincerely, ~~ Linda Burnette Director, Office of Communications and Governmental Affairs