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01-22-07MINUTES REGULAR CITY COMMISSION MEETING January 22, 2007 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson Commissioner Sylvia N. Simmons Mayor Pro Tem J. Dezmond Waters III City Attorney Alan C. Jensen Commissioner Mike Borno City Manager Jim Hanson Commissioner Jamie Fletcher City Clerk Donna L. Bussey 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 Mayor Wolfson. Mayor Wolfson welcomed the audience and explained the process for public comments. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 8, 2007. Motion: Aaarove the minutes of the Regular Commission MeetinE on January 8, 2007 as written. Moved by Fletcher, 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. Mayor Wolfson opened the floor to visitors and explained the process for public comments. Willie Hillman, 1318 Rose Street questioned whether the sidewalk repairs will affect his driveway. Public Works Director Rick Carper explained the repairs will affect his driveway such that the first four feet of the driveway will have a shallow 2% slope and there will be a segment back to the property line that will have a steeper slope. The driveway on Mr. Hillman's part of the property will not be touched and the segment between the property line and the back of the sidewalk will be slightly steeper. Mr. Hillman explained his driveway is next to a storm sewer system by his house and he only has about 27 feet of driveway. Mr. Carper explained the two driveways on either side of the storm sewer require very minimal correction and the sidewalk won't be changed very much at these locations. Mr. Hillman questioned whether he and his wife would still be able to get inside their garage. Mr. Carper stated the horizontal line will not change. He stated that the driveways will not be drivable for about two days during the repairs. Mr. Hillman stated he has nowhere else to park on Rose Street and they January 22, 2007 REGULAR COMMISSION MEETING Pace Z have always pazked in their garage. Mayor Wolfson further explained that when the project is finished Mr. Hillman will have a nominal affect, so Mr. Hillman will still be able to park in his garage, but during the project construction the most that he would be inconvenienced would be for two days. Mr. Carper stated it will have some effect on his overnight parking. Mayor Wolfson asked Mr. Carper what he proposes for his overnight parking and Mr. Hillman restated that there is no place on Rose Street for them to park because of the cars flying up and down the street. Mr. Carper stated it is legal to park on the street but realizes there is a lot of concern by residents in the azea about on-street parking. Mayor Wolfson asked Mr. Hillman if there is any place he could park half on and half off the street. Mr. Carper stated if he does that he will be blocking the sidewalk. Mayor Wolfson suggested the City might have to allow that for two days because right now we are blocking ingress and egress to Mr. Hillman's home. The Mayor requested that Mr. Carper look into a solution and expressed to Mr. Hillman that the City will work with him to minimize this pazking problem. Deborah Muth, 1595 Linkside Drive presented a chart of a proposed plan of Selva Marina Country Club's new development project that has been approved by the Board of Directors. She expressed concern that Selva Marina's proposed plan to sell property immediately adjacent to Selva Linkside II will have a severe adverse affect to Selva Linkside II. She stated her purpose today was to notify the Commission of this development and her Homeowners Association's opposition to the plan as it currently exists and stated there will be a petition signed by the homeowners of Selva Linkside II disapproving this current plan. Mayor Wolfson explained this has not come before the City yet, but stated he did appreciate Ms. Muth explaining their position on this development. Ms. Muth asked who she should present their petition to and Mayor Wolfson stated she should send it to City Clerk Donna Bussey. Ms. Muth then presented her written statement to the City Clerk and stated the petition will be forthcoming. No one else in the audience spoke and Mayor Wolfson closed the courtesy of the floor to visitors. 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 A. His report addressed the following topics: JEA branch office and the discussion with Ms. Gilpin. Mayor Wolfson stated he is disappointed in JEA's letter of response and feels that the City should send a response to JEA that this does not take care of those who need the proximity of this office the most. Commissioner Borno stated that noting the City Commission's concurrence would put more weight behind this and Mr. Hanson agreed to draft a letter to JEA. January 22.2007 REGULAR COMMISSION MEETING Page 3 Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of Monthly Financial and Utility Sales Report for December 2006. B. Extend the contract for one year with Tom's Asphalt Repairs, Inc. for Asphalt Repairs for the Public Works/Utilities Department at the current prices. C. Award the Annual Contract for Trimming Palm Trees (Bid No. 0607-06) to Shaw's Tree Service, LLC and authorize the City Manager to sign the Contract. D. Extend the contract for one year with Florida Pipe Tech., Inc. for Storm Water Jetting, Cleaning & Televising for the Public Works Department at the current prices. E. Authorize the Mayor to execute Interlocal Agreement with the City of Jacksonville relative to the collection and distribution. of 9-1-1 user fees. Commissioner Waters asked to pull Agenda Item C. Motion: Approve Consent Agenda Items A, B, D, and E as presented Moved by Fletcher, seconded by Simmons. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Commissioner Waters questioned why the City is not taking the lowest bid. Mr. Carper explained that Code allows the City to take the lowest responsive bidder. He explained staffdetermined that Core Services' references were very mixed and they don't have a local office so there were concerns about their responsiveness. Mayor Wolfson stated anytime a bid goes out and response is as inadequate as this one, it behooves the City to not go with the low bid but with the bid that can perform the service most efficiently and reasonably. Motion: Approve Consent Agenda Item C as presented Moved by Borno, seconded by Waters. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED January 22, 2007 REGULAR COMMISSION MEETING Page 4 Committee Reports 5. Committee Reports None Action on Resolutions 6. Action on Resolutions A. Resolution No. 07-O1 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2007 LEGISLATIVE SESSION The Mayor read Resolution 07-01 by title only. Commissioner Waters stated he supports all of the items in this resolution and noted the item seeking to preserve municipal authority to franchise cable and video services is interesting because it is something we are on the verge of losing. He also stated the item regarding preserving the dedicated documentary stamp fees as a funding source for the State and Local Government Housing Trust Fund (Sadowski Trust Fund) is crucial so that money can be opened up in order to get low cost housing available. Commissioner Fletcher thanked the Commission for their support in sending him to the FAST program put on by the League of Cities, which allows him to go and support these kind of issues. Motion: Anurove Resolution No. 07-O1 as aresented Moved by Waters, 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. 95-07-92, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 23, VEGETATION, SEC. 23-15 INTENT, SEC 23-16 DEFINITIONS, AND SEC. 23-17 APPLICABILITY, ETC., AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only and opened the floor to the Commission for discussion. Motion: Aaarove Ordinance No. 95-07-92 as read Moved by Borno, seconded by Simmons. Commissioner Borno thanked staff for the summary sheets and stated they have done a good job. Commissioner Waters questioned staff about the statement that allows replacing protected oaks with hardwood trees yielding similar canopies. He stated he is for that flexibility unless they start using replacement trees such as hollies and asked how he would know they will secure a hickory or similar tree to an oak that adds to the canopy January 22, 2007 REGULAR COMMISSION MEETING Page 5 in a serious way. Mr. Carper said the wording states hardwood trees yielding similar canopies to an oak. Commissioner Waters suggested listing trees that can be used in place of oaks. Commissioner Fletcher asked Mr. Carper what the requirements are for a public protected tree. Mr. Carper stated they are 6 inches or greater, located in the City Right- of-Way or on public property. Commissioner Fletcher then asked whether public protected trees need to be pre-designated or just greater than 6 inches. Mr. Carper stated that when an applicant makes a tree permit application one of the requirements is to show all trees 6 inches or greater on their site. Commissioner Fletcher questioned the addition of "in general" which Mr. Carper explained was added because of the sentence that follows it. Mayor Wolfson asked for explanation of the statement on page 1 B, clear cutting means the clearing of trees, including stumps. Mr. Carper stated that if it is clear-cut there are no stumps to determine the size of the trees. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED B. Ordinance No. 95-07-93, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 5, BEACHES AND PARKS, SECTION 5-32, FEES AND CHARGES AND PROVIDING AN EFFECTIVE DATE Mayor Wolfson read the Ordinance by title only and opened the floor to the Commission for discussion. Motion: Aaprove Ordinance No. 95-07-93 Moved by Borno, seconded by Simmons. After lengthy discussion by the Commission regarding the $500 deposit for any event serving alcohol, it was agreed that the proposed wording referencing the extra deposit be deleted, while keeping only the additional fee of $50.00 for any event serving alcohol and add language that they will lose the $200 deposit if they violate the noise ordinance or alcohol ordinance. Commissioner Waters stated there should be a sign at the community centers stating that alcoholic beverages are not permitted outside the centers. Mayor Wolfson reiterated that it is the Commission's intent that the deposit of $200 can be retained by the City if the groups take alcohol outside of the community centers or if there are complaints received about loud music. January 22, 2007 REGULAR COMMISSION MEETING Page 6 Motion: Amend Ordinance No. 95-07-93 Chapter 5 Section 5-32 Fees and Charges to strike $500 deposit and replace with $250 under alcohol usage Moved by Fletcher, seconded by Borno. Motion to Amend was withdrawn by Fletcher, second was withdrawn by Borno. Motion: Amend Ordinance No. 95-07-93 Chapter 5 Section 5-32 Fees and Charges, under Building Usage, to add "for damaees or violations of park rules" between the words "$200.00" and "for"; and under Alcohol Usa e, to delete last clause "plus a $500.00 deposit". Moved by Simmons, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Motion: Approve Ordinance No. 95-07-93 as amended Moved by Borno, seconded by Simmons. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Mayor Wolfson stated to Mr. Johnson that the agreement will be revised to include very clear language as to what the Commission just approved and questioned what will be done about signage in the park regarding alcoholic consumption. 'The Mayor stated that staff can take care of that at all three parks without action and Mr. Johnson agreed that signs will be posted. Miscellaneous 8. Miscellaneous Business Business A. Options for Service Levels and Rates related to proposals for Sanitation Service. Mr. Hanson summarized his staff report. He also reported there is a workshop set up for next Monday, January 29, 2007, at 5:00 pm, with the sanitation hauler's representatives as well as our consultant, who has experience with several other cities in Florida in switching to automated systems. B. Public Hearing on Sidewalk Cross Slope Correction on Rose Street (City Manager) January 22, 2007 REGULAR COMMISSION MEETING Page 7 Mr. Hanson stated that the letters (as provided in the agenda packet) had been sent to the people concerned and there was not a lot of input from the citizens receiving the letters. Commissioner Borno questioned whether staff was able to determine how many of the residences receiving the letters were occupied by homeowners and how many were occupied by renters. Mr. Carper stated that four of the residences were rental properties and they contacted by telephone all of the owners of those houses today and faxed them a copy of the letter. Commissioner Fletcher congratulated Mr. Carper and his staff for getting this kind of public input. He expressed concern that there was so little input from those homes affected and questioned whether the correction to the sidewalks is worth $40,000 expense if the majority of the residents of the homes in question aren't concerned. Commissioner Simmons pointed out that although there was not a lot of input from the residences on Rose Street, the sidewalks affect more residents than just those on Rose Street. She stated many residents of the neighborhood use those sidewalks because Rose Street is their main north/south street while traveling to Rose Park and the Soccer Field and they use the sidewalks for bicycles, carriages, jogging and those types of activities. Mr. Carper stated the budget item that includes this work is $120,000 for sidewalks. They have a cost estimate of $80,000 for West Sixth and West Tenth for new sidewalks. The cost for the sidewalks on Rose Street includes tearing out the sidewalks and the driveways, which is more expensive. Commissioner Borno believes the majority of the property owners on Rose Street don't understand the driveways won't be usable for two or three days until the concrete cures and questioned whether we should give a little more time for further contact. Mr. Carper stated the letters pointed out that they would not be able to use their driveways for at least two days. Motion: Aoarove use of annual concrete contractor Gruhn May to remove existing sidewalk and driveways and construct new four-foot sidewalk meeting cross-sloae standards. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED 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 B. The issues addressed in his report were Traffic Safety Improvements in the Town Center Area, Historical Capital Expenditures for Projects West of Mayport Road and District Election Committee. January 22, 2007 REGULAR COMMISSION MEETING pave 8 In addition to the items in his written report, Mr. Hanson also mentioned that there was an emergency repair of the roof at the wastewater plant, due to an HVAC unit on the roof that failed. They did not have time to send out bids but did get prices from two other vendors and used the lowest one from Barber and Associates for approximately $12,000. He also reported that Superior Achievement Awards were presented to Bob Cimon for saving the City over $38,000 in costs from outside vendors because he has found a way to do this himself, and to Sergeant Jimmy Hundley for his heroic efforts to attempt to save the lives of the two people who were in the overturned pickup truck in October on Selva Marina Drive. Both will receive a monetary award and be recognized at the next employee picnic. Mr. Hanson also stated there will be a luncheon for Employee of the Yeaz this Thursday at noon. Mayor Wolfson asked those Commissioners who can attend to please keep that date open. Mayor Wolfson thanked Mr. Carper for his report on capital expenditures stating it was very informative and Mr. Carper stated he only wrote the cover memo; all the work on gathering the information was completed by his Administrative Assistant, Lisa Showman, who did an outstanding job. Mayor Wolfson asked Mr. Carper to please communicate to Ms. Showman that the report was much appreciated and was very cleaz and informative. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for reappointments to the Community Development Boazd. Mr. Hanson stated that Chris Lambertson's reappointment was deferred from the last Commission meeting because not all Commissioners were present and the City Attorney was not present. Mayor Wolfson stated that at the last meeting Lynn Drysdale was reappointed to the Community Development Board but Commissioners asked for deferment of Mr. Lambertson and Mr. Futterman. Mr. Hanson corrected that Mr. Futterman was appointed but Mr. Lambertson was not. There being some confusion regarding the deferments, Mayor Wolfson requested that the City Clerk review the tape of the minutes from last meeting and send him a copy so he can also listen to the tape. Commissioner Simmons asked for clarification as to what the Commission is doing and the Mayor stated he is going to look at the minutes because he recalls Commissioner Borno had a question to ask the City Attorney relative to Mr. Futterman and he believes he concurred with Commissioner Borno. Commissioner Simmons questioned whether Mayor Wolfson anticipates that there will be another vote. Mayor Wolfson stated that no, not if the minutes are correct. If the minutes are incorrect there will be another vote. January 22, 2007 REGULAR COMMISSION MEETING Paae 9 Motion: Aaprove Reaapointment of Chris Lambertson to the Community Development Board. Moved by Wolfson, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 - MOTION CARRIED Mayor Wolfson welcomed the Chairman of the Community Development Board, Sam Jacobson to speak to the Commission. Sam Jacobson, 2359 Seminole Road, advised the Commission, regarding the procedural issue on the reappointment of Mr. Futterman, that Mr. Futterman believes he is a member of the Community Development Board and at their meeting last week, he sat as a member. He stated that not only Mr. Futterman, but everyone else on the Board believes he is a duly constituted member. Commissioner Simmons • Commended Mr. Carper for his excellent research and written reports on his numerous reports and to his assistant who helped. Commissioner Fletcher • Mentioned that he had also heard from an unsolicited outside source at the League of Cities dinner who had dealt with Mr. Carper on the trash collection issue that Mr. Carper was terrific to deal with. Commissioner Waters • Concluded that since the Comprehensive Plan trumps our zoning ordinances, those inconsistencies need to be pointed out to the Commission. He believes that someone with a professional understanding of what we want between the Comprehensive Plan and our ordinances needs to compare the inconsistencies and determine whether the City wants the ordinance and if so will need to change the Comprehensive Plan to reflect it. He believes that until this is done the City will continue to have instances we don't see coming down the pike. Mayor Wolfson • Stated he met with Mayor Brown (Neptune Beach) concerning Town Center. He stated that there is not presently an Interlocal agreement between Atlantic Beach and Neptune Beach and he asked Mayor Brown if he would be interested and willing for us to create an Interlocal Agreement so we can create an agency to work with the Development Boards for the future of the Atlantic Beach/Neptune Beach Town Center. Mayor Wolfson stated Mayor Brown agreed to this. Mr. Hanson stated there is an Interlocal Agreement for Atlantic Beach, Neptune Beach and the City of Jacksonville dealing with the maintenance of the Town Center landscaping and hardscape but believes this is not the appropriate vehicle to try to do something just between Atlantic Beach and Neptune Beach. January 22, 2007 REGULAR COMMISSION MEETING Page 10 • Encouraged the City of Atlantic Beach to become actively involved in the homeowners insurance issue through the Florida League of Cities and also the Florida League of Mayors. He believes there is a lot at stake pertaining to this issue and if we see homeowners insurance being cancelled and it is cost prohibitive to place homeowners insurance, if it is even possible, that will become a significant problem financially to our community and our citizens. Secondly, if this is not addressed, Mayor Wolfson stated he can see substantial problems coming from the lenders, because if you aren't insured it is very difficult to have a mortgage on your property. Thirdly, he stated that sometimes we learn from other communities' experiences and, being in New Orleans over the weekend, he now understands better the mechanics of homeowners insurance. There are only two carriers who paid their claims, the rest of them negotiated to settle for 20% when people thought they had 100% coverage, which he finds alarming. Mayor Wolfson believes that overall in our community this is a major issue that we have not fully understood or addressed and believes we need to start as soon as possible with this understanding because of the only two insurers who are willing to pay the premiums, one has pulled out of our community which leaves only one. He stated the next time he meets with the Mayors of Neptune Beach, Jacksonville Beach and Jacksonville he is going to propose to them that we need to really get proactive in Tallahassee. He stated that he, Commissioner Waters and Mr. Hanson are going to Tallahassee and will address this accordingly. • Reported there will be a conference in March that will include two items of great importance to this community. One item is affordable housing and how the nation is going to address the issue and the second item concerns alternative fuel sources and the adverse impact on global warming. Mayor Wolfson believes every Mayor who lives in a coastal community and represents coastal citizens needs to understand the effects of these issues. He will bring this up at the Strategic Planning meeting to raise the bar of awareness and set our awareness in motion for not just this Commission but for future Commissions to understand the magnitude and the severity of these problems. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:04 pm. ~. Donald M. Wolfson, Mayor/Presidi g Officer ATTEST: ~YC~ Donna L. Bussey, CMC City Clerk