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08-14-06MINUTES REGULAR CITY COMMISSION MEETING August 14, 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 Sylvia N. Simmons Commissioner Jamie Fletcher Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Pledge of Allegiance to the Flag followed the Invocation, given by Commissioner Borno. Approval of Minutes 1. Approve minutes of the Regular Commission meeting of July 24, 2006 and two Special Called meetings of August 2, 2006. Motion• To aaarove the minutes of the Regular Commission Meetins on July 24, 2006 and two Special Called meetings of August 2, 2006 as presented. Moved by Commissioner Borno, seconded by Commissioner Simmons Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors The Mayor opened the floor to Courtesy of the Floor to Visitors. Sam Van Leer, President of Beaches Area Historical Society, Bill Hillegass, Member of the Board of Directors for Beaches Area Historical Society, and Holly Beasley, Executive Director for Beaches Area Historical Society, announced that the new museum opened in March and won awards during a Builder's and Contractor's Conference in the category of zero to two million dollaz projects for the construction and the overall awazd for all projects for the yeaz. They thanked the City for continuing to support them and the Mayor returned thanks for their efforts. Judy Saylor, Big Brothers and Big Sister of Northeast Florida, explained they have a partnership with the Beaches Resource Center to increase the awazeness and need for mentors for children and schools. She reported they offer programs that target children from low income families and children who aze at academic risk for failure. This program is called Beaches Mentoring Initiative and to launch the Au¢ust 14 2006 REGULAR COMMISSION MEETING Page 2 program, they will hold a breakfast at the Casa Marina on August 24~' at 7:30 am. She asked for support from the Commission and invited them to the Breakfast. Alan Potter, 374 2°d Street, addressed the problems that resulted in flooding due to a metal gate placed in the Aquatic Garden area by the City and reported that since the gate was removed, no flooding has occurred. He expressed concerns with the plan to purchase two acres from Sunrise Community church for the purpose of a retention pond. He urged the Commission not to pay top dollaz for the church property. Mary Updike, 42 Third Street, favors increased property regulations and the residential development standard and suggested the FAR be no greater than a point 54 (.54). She thanked the Commission for their work. Mayor read an announcement from Former Mayor Lyman Fletcher, who could not make it to the meeting. He announced that there would be a meeting on Thursday, August 17~' at Adele Grage Cultural Center starting at 7:00 pm regazding the purchase and preservation of the Mazsh /Wetlands and that the meeting is open to the public. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson explained that information came in after written reports were submitted for the agenda packet dealing with the Walmart traffic studies. He reported Neptune Beach provided him with two different studies and distributed a copy of the main documents of both to them for their review. He offered to make copies of the appendix if interested. He reported the conclusions of both traffic studies. The first rated at a grade of "C" with little impact on traffic, but the second rated at a grade of "F" for "Failing" which indicated Walmart would add traffic to roads that were already failing. He explained the azguments from both studies regazding their conflicting results. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Public Works and Utilities Department Report, Utility Sales and List of New Occupational Licenses for July 2006 (City Manager) B. Waive the $10,000 bid limit and accept the lowest quote from Guardian Fueling Technologies in the amount of $12,093.92 for Upgrading the City's Fuel Management System (City Manager) C. Extend the annual contracts for environmental laboratory services (RFP #05-6) for one additional year to Advanced Environmental Services, Inc. and to Columbia Analytical Services at the current contract prices, and authorize staff to use Water Laboratories for bacteriological testing (City Manager) D. Authorize the City Manager to sign contracts with the top two firms, DRMP & L.D. Bradley Land Surveyors, for one year, with options to eztend the contracts for two 1-year periods (RFP # 06-2)(City Manager) E. Extend the janitorial contract (Bid No. 0405-10) with Coverall Cleaning Services for one (1) year to expire on August 31, 2007 (City Manager) Autust 14.2006 REGULAR COMMISSION MEETING Pace 3 Motion: To approve Consent Agenda as presented. Moved by Simmons, seconded by Borno Votes: Aye: S - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 90-06-194, Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING FOR A REFERENDUM TO AMEND SEC. 59 OF THE CITY CHARTER TO LIMIT THE HEIGHT OF ALL BUILDINGS IN THE CITY TO THIRTY-FIVE FEET, PROVIDING FOR EXCEPTIONS, AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the ordinance by title only and opened the floor to a public hearing. Susie Snead, 261 Beach Avenue, expressed the importance of the 35 ft. height limit but is concerned that the lack of understanding by the citizens in regards to the exception for the Sea Turtle Inn could cause the Referendum to fail. Jack Robbins, 1435 Linkside Drive, expressed that the Sea Turtle Inn should be able to expand if necessary to stay open. He believed that an expansion would not hurt the city, but could help it. There being no further comments from the audience, the mayor closed the public hearing. Motion: To approve Ordinance No. 90-06-194 on the first reading. Moved by Borno, seconded by Waters Commissioner Borno reiterated he believed the language is micromanaging in its phraseology but he could live with it. He wanted to remind everyone even though the Sea Turtle Inn would be exempted from the 35 ft. limit, they would have to come before the Commission for any plans to change or expand on the property in the future. Commissioner Fletcher indicated the referendum is a critical step forward for the City to protect the it's character. Au¢ust 14 2006 REGULAR COMMISSION MEETING Pace 4 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Expansion of Jordan Community Center to Accommodate After School Tutoring Program (City Manager) City Manager Hanson reported that the Beaches Habitat has made a proposal to the City to expand the Jordan Park Community Center in order to build a better facility to conduct after school homework programs and they want to provide some management to the program as well. He explained how the Center is currently being utilized and the plans for the future. Ralph Marcello, Executive Director of Beaches Habitat, introduced his staff and explained their roles in the project. He explained that Herb Schiedel is responsible for starting the education program and has agreed to donate up to $75,000 to build the addition. He thanked the Commission for their support. Commissioner Waters, Commissioner Fletcher and Mayor Wolfson thanked Mr. Marcello and his staff for their program and Mr. Schiedel for his generous donations. Commissioner Borno asked for the expected date of completion. Mr. Paul Finley indicated this project has been placed at a high priority and that once permits are issued, completion is expected within four months.. Motion: To approve the request by Beaches Habitat to allow for the construction of an addition to the Jordan Park Community Center and to allow the use of that center for the after school tutoring proSram. Moved by Borno, Seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED B. Request from the 15th Street Beach Access Committee for matching funds for improvements at 15th Street Beach Access (City Manager) Parks and Recreation Director Johnson introduced Ross Bremer, President of 15"' Street Access Committee. Mr. Bremer introduced the Committee members who were in the audience. Mr. Johnson explained the Committee's request. August 14 2006 REGULAR COMMISSION MEETING Page 5 Motion: Approval of a request from the Committee for one grant to the 15th Moved by Borno„ seconded by Fletcher Commissioner Borno questioned several aspects of the plans and Mr. Bremer addressed Commissioner Borno's concerns. Commissioner Waters thanked the committee and reminded Mr. Bremer to go through the city for purchases to avoid paying sales tax. Commissioner Simmons asked for clarification that the motion would approve funds for landscaping but not for the pavers. Mayor Wolfson indicated that the matching funds of $4,000 is the maximum amount allowed and can be used for any of the improvements. Commissioner Simmons expressed concern that the pavers east of the entry could be mistaken as a private driveway. She inquired how the parking spaces would be mazked. Mr. Bremer explained both sides would have pazking signs. Commissioner Borno asked if the access was handicap designated. Mr. Bremer answered that it is not. Commissioner Waters questioned the number of pazking spaces and whether help was needed to beautify the azea. Mr. Bremer advised there are eighteen pazking spaces and that any help the city could offer would be appreciated. Mayor Wolfson expressed safety concerns and noted emergency vehicles may need to access the beach. He suggested using the appropriate paving to accommodate the weight of the vehicles. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED C. Bid Award (Bid No. 0506-14) for the Computer Network Fiber Optic Cabling project (City Manager) Public Safety Director Thompson explained the background and the necessity of the project as indicated in his staffreport. He explained the bid results and his recommendation. Motion• To award the bid for the Fiber Optic Cabling project to Truevance Management, Inc. in the amount of $62,209.90. Moved by Simmons, seconded by Borno Discussion ensued regazding the conduit, the time frame on the project and the placement of the lines. August 14, 2006 REGULAR COMMISSION MEETING Page 6 Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0- MOTION CARRIED D. Proposed Changes to Chapter 23 Vegetation, Article II. Tree Protection (City Manager) Public Works Director Rick Carper explained the background on the Tree Board's efforts and believed the proposed "administrative" changes to be non-controversial and ready for implementation. Commissioner Waters initiated a discussion on the language pertaining to the replacement of protected oaks. He made suggestions on new language. Mayor Wolfson explained the intent and disagreed with Commissioner Waters' suggestion. Mr. Carper explained his understanding of the intent of the Tree Board. Commissioner Fletcher expressed his concerns and offered suggestions on new language. City Attorney advised the Commission that this would come back in the form of an ordinance and could be reviewed and discussed again at that time. Commissioner Fletcher requested that the language regarding punishment be clear. City Manager Hanson explained the authority and options for punishment for a violation of the Tree Ordinance. Commissioner Simmons questioned the fines and mitigation associated with removing trees without a tree permit. Rick Carper advised that the city would make them get a permit and mitigate the trees that were removed. City Manager Hanson added that the permit fee would be doubled. Further discussion ensued. The consensus was to send the ordinance back to staff for coordinating with the City Attorney to prepare the ordinance for first reading. E. Reclassification of the Secretary position in the City Clerk's Office (City Clerk) City Clerk Bussey thanked the Commission for considering her request and presented a brief summary of the background regarding her request and the recommendation as stated in the staff report. Commissioner Simmons questioned why the request was being made and whether additional duties have been assigned to the Clerk's Office or that position that would make it necessary to increase the salary. Ms. Bussey explained the current job description is very generic and does not reflect what that person does. She believed her Secretary's duties are at least equivalent to or more than that of an Administrative Assistant and explained some of the differences required by her Secretary that the others do not have. She emphasized her Secretary is second in command and assumes the City Clerk duties when the City Clerk is absent which is not the case with current Administrative Assistants. Commissioner Waters expressed his support in moving towards a Deputy City Clerk and pointed out the demands on the City Clerk's Office is higher than ever before. August 14.2006 REGULAR COMMISSION MEETING Page 7 He expressed the need to recruit higher quality candidates than the job description regwres. City Manager Hanson explained he and the City Clerk have a professional difference of opinion on the issue and understands that, like all department heads, she wants the best for her department. He explained the pay plan and how it was put together by a professional consultant with input from the employees. He reported the job was rated then at a Secretary position and that he cazmot see a significant amount of change. He indicated he could azgue leaving the position at the current pay grade or raising it one pay grade but does not agree with reclassifying to a Grade 17. He expressed concerns if the position is at a higher grade than other employees, they might leave their departments to take the higher paying job. Mr. Hanson complimented the City Clerk and was bothered by having a difference of opinion with her. Mayor Wolfson complimented the City Manager, City Clerk and their staff for their excellent job and explained that having differences of opinion is normal, that it is part of the process, and does not change their respect for each other. Commissioner Borno explained the lack of latitude with the current pay system and pointed out areas of the grade scale that may need to be evaluated. Commissioner Waters expressed concerns with having jobs vacant for long periods of time. He explained training temporary employees is not an efficient use of staff and especially during the busiest time of the yeaz. He expressed a request for an Administrative Assistant is reasonable and that he does not oppose to a Deputy City Clerk either. He explained his observation of the increased demands on City Staff and the importance of paying attention to details and deadlines. Mayor Wolfson read the recommendation from the Human Resource Manager George Foster recommending the position be reclassified to a Grade 17 and asked the City Manager to clarify the recommendation. Mr. Hanson indicated that he did not recommend changing the grade from a 15 but could support either leaving it or raising it one grade. He did not want to comment on Mr. Foster's recommendation but expressed that he looked at the other jobs closer than Mr. Foster. Commissioner Simmons expressed that she needs more time to look over the information provided and receive additional information in order to get a better understanding of the issues. She requested comparisons to other cities be part of the research and information. Motion: To defer indefinitely. Moved by Simmon. MOTION DIED (Due to lack of a second) Motion: To defer until the next meeting. August 14.2006 REGULAR COMMISSION MEETING Pace 8 Moved by Simmons, seconded by Borno Commission Fletcher expressed support for Ms. Bussey's recommendation. He pointed out that an examination was done at the appropriate time and that Mr. Foster recommended raising the Grade to 17. He believed that recruitment will be impacted but budget impacts are fairly minimal. He explained that the demands on staff in the City Clerk's Office have increased and that the Commission needs help from that office in order to keep up. He believed that delaying will put further burden on the City Clerk's Office and will impact the Commission unnecessarily. Commissioner Borno reiterated the need for further study of the cities pay structure in conjunction with this. Mayor Wolfson asked if delaying two more weeks would significantly impact the office. Ms. Bussey explained that every day the job is vacant impacts the office. Commissioner Fletcher asked for the timeline on when the vacancy could be filled. Ms. Bussey explained that delaying the decision would mean nine more weeks before a person could start. Ms. Bussey believed that clarification was necessary regarding the proposed job description. She indicated that the need to revise the job description was mainly because the duties were not properly incorporated in the originaUcurrent job description at the time of the pay study and therefore, does not properly reflect the duties nor the proper pay for that position. Ms. Bussey answered questions from the Commission regarding the proposed job description. She explained the highlighted text, the underlined text and the strikeouts. She referred to the other attachments in the packet as questions were asked. Mayor Wolfson explained that a motion was on the floor to defer action until the next meeting in two weeks to allow time for each Commissioner to review the information and ask questions prior to the meeting. Commissioner Waters requested a Roll Call Vote. Roll Call Votes: Borno -aye Fletcher -nay Simmons -aye Waters -nay Wolfson -aye Aye 3; Nay 2 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson referred the Commission to his written report, which is attached and made part of this official record as Attachment A. His report discussed Aueust 14, 2006 REGULAR COMMISSION MEETING Paee 9 the Grant Offered from Water Management District for Wastewater Reuse Project. He explained that more information will be discussed on this item during the Budget Workshop on Wednesday, August 16, 2006. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners A. Opinion on the Proposed Ordinance (City Attorney) City Attorney Reported the proposed ordinance has been reviewed by City Attorney Jensen and Attorney Tjoflat and that both have expressed concerns with certain provisions of the ordinance as drafted. Ordinance may be subject to consistency challenge relative to the Comprehensive Plan. Ms. Doerr was not at the meeting to address this. Further input from City Attorney was requested. Attorney Jensen noted a contradiction between provisions # 5 and #6, and also that #6 may be problematical related to existing platted lots. Mayor has discussed with City Manager, noting that this is not an easy subject, but that this needs to be moved forward because of moratorium. Mayor suggested that this matter needs to be brought back to forefront so that the City can come up with a resolution as to how to address these lot subdivisions. Attorney Jensen advised the Commission to go back and consider the original intent of the change to the ordinance, which was to change administrative approval of two-lot divisions to the Community Development Board and that this is accomplished within the proposed ordinance and also to set forth additional criteria, including that there be no further division of platted lots. Attorney Jensen stated his concern that this may not be defensible in court, noting that Attorney Tjoflat agrees with his opinion. Concerns include consistency Comprehensive Plan and more serious potential for Bert Harris Act claims, and no data and analysis to determine how many properties might be affected or to support the need for this may be seen as arbitrary and capricious. Mr. Jensen stated that #5 (resultant lot may not be smaller the an original platted lots) is okay, but that #6 (no further subdivision of lots) may present legal problems. Mayor commented regarding the history of dividing property within the city using his property as an example. Attorney Jensen explained that this is not consistent with how city has developed over the years. Commissioner Waters asked what is the point of approving an original subdivision if it can later be changed. Attorney Jensen addressed the question, stating that areas change over time. Commissioner Waters stated that he believes most of the divisions have been illegal divisions, and that the City should not approve changes to neighborhoods once the City has approved these, and there should be a mechanism for the City to stop this; that rules should not be used to allow changes to neighborhoods, but that raw land should be treated differently. Mr. Waters continued that built-out neighborhoods should not be allowed to change. Mr. Jensen commented that the City needs to move forward with this draft or some version so that the moratorium can be lifted. Attorney Jensen and Attorney Tjoflat have both advised that passing the ordinance with #6 included would not be legally advisable. Mr. Waters wanted to protect platted lots. Attorney Jensen noted that many lots have been chopped-up already. Mayor noted that many platted lots as they were created have already been changed and divided up for many years. August 14 2006 REGULAR COMMISSION MEETING Pace 10 Discussion of Bert Harris and legal implications continued. Commissioner Fletcher asked Attorney Jensen to expand on the Bert Harris issue, stating that he wants to find a way around that issue. Mayor addressed the reasons for not allowing further divisions, and Commissioner Borno stated that the zoning regulations and LDR's requirements already address this. Discussion continued. Mr. Waters stated that he believes this would just create additional protection to enforce what is already in place and that he wants absolute protection of residential subdivisions so that subdivisions of raw land would be allowed, and land that has already been divided and developed with lots could not be divided. Discussion about combining lots followed. Mayor asks Commissioner Waters if he believes an azea like Royal Palms is an example, and noted that the current ordinance would also prohibit combining three lots to then divide into two lots. Borno asked Commissioner Water to further explain his intent. The Mayor commented that they need to move towards action so that the moratorium can be lifted. Attorney Jensen noted that there is a subdivision process in place now. Commissioner Fletcher stated he has not seen this draft and wants to look at this issue and ask for a review by Attorneys Jensen and Tjoflat and also to provide options. Commissioner Borno stated his opposition to the proposed change and opposes to taking this away from administrative approval and putting this before an appointed boazd. City should stay with the existing ordinance and get rid of moratorium. Commissioner Simmons agreed with Commissioner Borno, and does not think Board volunteers should be put in this position. Mr. Jensen asked to provide further review of the current draft and alternatives and bring back for next meeting. Commissioner Borno - Stated that he enjoyed the Florida League of Cities Conference and plans to distribute information he received during the Conference to the other Commissioners and to staff. - Indicated that the Post Office is lacking signage and marks that could help drivers understand the flow of traffic. Asked is the Post Office is responsible for putting in arrows or if the city should step in and see if help is needed. Mr. Hanson advised that similaz comments have been made to him already and planned to take it up with Rick Cazper. Mr. Carper indicated that we might offer painting the marks or arrows. Mayor Wolfson suggested letter be sent to the Post Office with our concerns and request. Commissioner Simmons - Attended a Neighborhood Chat and reported on items which would require a budget to be thinking about for the Workshop: 1) Increasing the lights in the Marsh Oaks azea at night- suggested that staff drive it to see what is needed and emphasized that there aze high crime azeas that need attention; 2) Proposed sidewalks- reported that the plan for a sidewalk on West 1St Street may not be warranted due to lack of traffic, and suggested considering a sidewalk instead of a Ped Path on Main Street since the residents seem content with riding bikes on the street; 3) Installing a three way stop at Rose Street and Plaza intersection. Commissioner Waters - Stated his opinion on lot subdivision. - Stated that he also enjoyed attending the Florida League of Cities Conference. August 14 2006 REGULAR COMMISSION MEETING Pace 11 Mayor Wolfson - 'Thanked Commissioner Waters for encouraging staff and Commissioners to attend FLC conferences over the years and believed it to be an incredible opportunity for the Commissioners to have exposure that they normally would not have. Also thanked the Commissioners for attending. - Reported that he attended the first Florida League of Mayors "get together" and reported that half of the Mayors from the 404 cities in Florida attended and valuable feedback was given. - Thanked Commissioner Borno for giving him information regarding Wi-Fi. He believes that it is coming to municipalities of our size and explained it is an opportunity, if deemed warranted, to make the entire city wireless. He indicated that he would follow up with a report for long range planning. - Reported that San Jose, California has been identified as the city in United States having the most successful methodology for approaching affordable housing. Reported that there are plans to gather information from San Jose to see if that is something helpful to us. - Grateful for the opportunity to network with the other mayors to gain valuable information on issues that are similar to ours. - Thanked the Commissioners for attending the Beachside Chats and explained that full reports will be given. He believed that attendance can be increased with changes to the method of informing the neighborhoods and intends to meet with the City Clerk to discuss ideas. - Referenced the traffic study received by Neptune Beach. He expressed concern and believed that it is time to take a position. He indicated his desire to have the City Manager and City Attorney look over the study and prepare a resolution expressing the Commissions position on the traffic failure at the intersection of Atlantic Boulevard and Seminole Road. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:57 pm. aQ ~ ~ V~J Donald M. Wolfson, Mayor/Presid Officer ATTEST: D~?/YLQ, Donna L. Bussey City Clerk ATTACHMENT A Commission Mtg. 8/14/06 August 7, 2006 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanso City anager SUBJECT: City Mana er's Report Grant Offered from Water Management District for Wastewater Reuse Project; Mayor John Peyton, in cooperation with the St. Johns Water Management District, has announced that state grants will be made for several projects that will improve the quality of the water in the lower St. Johns River. One of these is a $1.5 million dollar grant to the City of Atlantic Beach to install filters at the Atlantic Beach wastewater treatment plant and piping so that approximately 210,000 gallons per day of wastewater could be used for irrigation at the Selva Marina Country Club. Many cities and counties in Florida operate reclaimed water facilities making wastewater available for irrigation. The City of Jacksonville Beach does this for their city golf course. Every five years, municipalities are required to renew their permit for operation of their wastewater treatment plants and must prepare a reuse feasibility study to determine if diverting some or all of the wastewater for irrigation purposes is economically feasible. Atlantic Beach prepared estimates in 2001 to construct a reuse system to provide irrigation for the Selva Marina Country Club, which was the largest single user of irrigation in the area and thought to be the most feasible option. The conclusion of that study was that the project was not financially feasible. This reuse study was updated earlier this year and the current Pstimate of the cost is just over two million dollars. Just under half of that is for piping modifications to get the wastewater to and across the golf course property. Comparing the capital and operating costs for a reuse system with the city's current cost for wastewater treatment, it was again determined that this project was unfeasible. The information was submitted to the state DEP and Water Management District. Atlantic Beach has not applied for this grant to the state. However, the Water Management District is making reuse a priority and has indicated that they will support making this money available if it will make the project feasible. Representatives from the country club have indicated a willingness to pay some of the cost for the project which may include either part of the capital construction cost and/or a monthly fee for use of the wastewater. The next steps in this project will include learning more from the Water Management District about the parameters of the proposed grant and meeting with the country club representatives to fmd how much they are willing to contribute to the project. A report will be made to the Mayor and Commission when more information is available.