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02-25-08MINUTES REGULAR CITY COMMISSION MEETING February 25, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Mayor gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Meserve welcomed the members of the Fletcher High School Band who were in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on February 11, 2008. Motion: Approve the minutes of the Regular Commission Meeting on February 11, 2008, as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. A. Presentation of Independent Auditor's Report by Ron Whitesides of Purvis, Gray & Company. Mr. Ron Whitesides of Purvis Gray & Company summarized the financial statements and the audit for the City, stating the audit went well and the City remains in good financial condition. He further summarized the income statements for the General Employees and Police Pension Plans. He explained the underfunding of the plans is a result of the rate of return on investments, which has not met the 8% rate used by the actuaries in the projection, as well as benefit changes being improved. He further explained you have to be careful about looking at any one year, but rather look at it over time to see if the plan trends out the way it should. He stated the way the funding mechanism works, it will, but the contributions may be elevated for some time to make that happen. In closing, Mr. Whitesides stated it is not typical that a municipality has a clean report like this one with no findings and commended the City's staff for continuing to do a very good job. February 25, 2008 REGULAR COMMISSION MEETING Page 2 Commissioner Borno pointed out that the reserve of $10,000,000, as indicated in the audit, is a reserve for a hurricane or other catastrophic event so there is enough money to run the City for six months. He clarified it is not that the City is sitting on people's money. Mayor Meserve asked Mr. Whitesides what he sees as the future of the municipal bond market and how the City rates. Mr. Whitesides stated the future is in a state of flux and he believes there would be some issues with issuing bonds right now. He stated the rate would not be as competitive and he understands bond insurance is not being written right now. He stated a financial advisor would be better equipped to answer this question. B. Request from Cindy Bohn to pay for Fletcher High School Band to travel to Washington, DC. Mayor Meserve explained the Commission cannot make a decision on this request tonight due to the City's regulations and the fact that it is not funded. He stated it can be discussed but must be sent to the Cultural Arts & Recreation Advisory Committee for review. Ms. Cindy Bohn, 49 Tallwood Road, Jacksonville Beach, addressed the Commission, explaining the reasons behind the requested pledge of $3,000 from the City to assist with Fletcher High School Band's travel to Washington, DC to represent the State of Florida in the 2008 National Independence Day Parade. Melissa Altazin, 14019 Beach Blvd, #966, drum major at Fletcher HS, addressed the Commission requesting financial support for the band's trip. Cristin Dobrowolski, 73 Oakwood Road, Jacksonville Beach, junior at Fletcher HS and member of the band, explained this is a unique opportunity for the band and asked the Commission to support the band in their trip to Washington. Mayor Meserve asked the City Attorney to clarify the policy regarding funding. City Attorney Jensen stated the City cannot contribute funds to any charitable, non- profit or other worthy cause; however the City can contribute funds to support artistic, recreational, or cultural programs, events or projects that benefit the residents of the City. He stated those requests must be submitted to the Cultural Arts and Recreational Advisory Committee for their recommendation. Jonathan Maerkl, 700 Seagate Avenue, Neptune Beach, Band Director, addressed the Commission regarding the strength of the performing arts at Fletcher High School. Mayor Meserve reiterated the Commission will send this request to the Cultural Arts and Recreational Advisory Committee and ask them to send a recommendation back to the Commission. Commissioner Parsons stated he is in favor of supporting the band's request. February 25, 2008 REGULAR COMMISSION MEETING Page 3 Commissioner Borno stated he is in support of the band's request. Commissioner Woods stated she appreciates the band's efforts and can't wait to see them on TV. Commissioner Fletcher asked Ms. Bohn if she has canvassed the businesses at the beaches. He stated he believes there are many businesses that would be more than willing to give money. He stated he would be happy to help her accomplish her financial objective that way. Sally Clemens, 1638 Park Terrace West, addressed the Commission regarding Bed Tax and asked if it is proper to obligate bed tax for art. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. 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 Report and Utility Sales Report for January 2008. B. Approve the Grant Assistance Agreement 50376 and authorize the Mayor to sign the Agreement for the City of Atlantic Beach. C. Award Bid No. 0708-04 for Storm Water Jetting, Cleaning & Televising for the Public Works Department to Florida Pipe Tech. D. Authorize the City Manager to sign the contract with Pro Pave Contractors in the amount of $215,527.87 for Milling and Paving for the Public Works Department (Bid No. 0708-03) for line items 1 through 5 in the staff report, and authorize issuing a purchase order to COJ for resurfacing the Atlantic Beach portion of Dutton Island Road. Mayor Meserve read the Consent Agenda. Commissioner Parsons asked that Item D be pulled. Motion: Approve Consent Agenda Items A, B, C as read. Moved by Borno, seconded by Fletcher. February 25, 2008 REGiJLAR COMMISSION MEETING Page 4 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons asked if there is a priority list for street paving. Public Works Director Carper stated the streets change every year and each Spring he does a pavement assessment by driving every mile of each street in the City and ranking them all, which changes the priority order every year. Motion: Approve Consent Agenda Item D as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods 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. 25-08-38, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8 FLOOD HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES, TO DELETE CERTAIN OUTDATED AND/OR NO LONGER APPLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO INCLUDE ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 25-08-38 by title only. Motion: Approve Ordinance No. 25-08-38 as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the floor to the Public Hearing, explaining this ordinance brings some codes together, meets higher requirements and does not allow projects to be partially deconstructed or started and then be abandoned and left as a nuisance to the City. No one from the floor spoke so the Mayor closed the Public Hearing. February 25.2008 REGULAR COMMISSION MEETING Paee 5 Commissioner Borno welcomed Mr. Walter Brown, the City's interim Building Official, who was in the audience. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve stated, as Mayor, he will send a letter to the owner of the nuisance property advising him he will receive official correspondence putting him on notice. B. Ordinance No. 5-08-48, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE H CITY COMMISSION, SEC. 2-16 TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS, AND PROVIDING AN EFFECTIVE DATE. Mayor Meserve read Ordinance No. 5-08-48 by title only. Motion: Approve Ordinance No. 5-08-48 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the floor to the Public Hearing explaining this is a change to move the time of the regular Commission Meetings from 7:15 pm to 6:00 pm. No one from the floor spoke so the Mayor closed the Public Hearing. Commissioner Parsons verified that the effective date will be the next meeting, March 10, 2008. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 55-08-32, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND PROCEDURES, SEC. 16-10 FEES FOR COLLECTION, BY ADDING NEW SUBSECTIONS ESTABLISHING FEES FOR ADDITIONAL GARBAGE PICK UPS AND TOTERS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 55-08-32 by title only. Motion: Approve Ordinance No. 55-08-32 as read. Moved by Parsons, seconded by Fletcher. February 25, 2008 REGULAR COMMISSION MEETING Page 6 Mayor Meserve opened the floor to the Public Hearing, explaining this adds a fee for a second garbage collection per week and allows the first 400 people to sign up for it. It also sets a new fee for a second garbage toter. No one from the floor spoke so the Mayor closed the Public Hearing. Commissioner Borno stated there was confusion by one of the citizens and clarified that this is only for the first 400 people who want to have a second pick-up. Commissioner Fletcher stated he also received a complaint from a citizen stating they did not want to suffer a price increase because someone can't manage their garbage problem. He stated he believes this confusion is from just a few people and that most understand this is by subscription only. Mayor Meserve asked that this be addressed on the website in plain language. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request for Proposals #08-01 Professional Consultant Services to Perform a Water and Sewer Impact Fee Rate Study Public Utilities Director Donna Kaluzniak explained the need for the rate study and after review of the proposals staff felt HDR was the most qualified to perform the project. She stated HDR is already working on the TMDL compliance plan so they will have the best understanding of how those costs will impact our potential rate. Commissioner Parsons asked how long the study would take. Ms. Kaluzniak explained it was put in the RFP for a time limit of 60 days and all agreed they could do it in that time period. Motion: Authorize City Manager to enter into an agreement with HDR Engineering Inc. to perform a water and sewer impact fee study in the amount of the proposed estimate of $15.500. Moved by Borno, Seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported it will cost $18,500 to reconstruct a sewer and storm water drain in the Royal Palms Subdivision, explaining the corrugated metal pipe has rusted away causing the street to collapse. February 25, 2008 REGULAR COMMISSION MEETING Page 7 Mr. Hanson further reported on the proposed pedestrian paths for Selva Marina Drive, from Saturiba Drive North to 20th Street. He stated, if installed using asphalt about 5 feet wide, the estimated cost would be about $25,000. Mr. Hanson announced the ribbon cutting for Dutton Island Park Expansion has been rescheduled for March 31 at 2:00 p.m. Mr. Hanson reported the St. Johns River Water Management District is considering water withdrawal by Seminole County from the St. Johns River. Mr. Hanson also reported that the developers of the Mira Vista/Harbormaster project have submitted an application to build apartments instead of the planned condos and increase the height from the maximum 85 feet to 100 feet, which will be considered by the Jacksonville Planning Commission on February 28, 2008. Regarding the water withdrawal by Seminole County, Mayor Meserve stated Atlantic Beach is on record as saying, until they do the studies, they shouldn't start issuing permits. He stated the Commission should follow up with this because if the SJRWMD issues a couple of permits now, but determines after the study is complete it is bad for the river, then what will happen. Commissioner Borno asked if the replacement pipes in Royal Palms are going to still be corrugated. Mr. Hanson stated the replacement pipes will be concrete, not corrugated metal. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Asked if JEA has been contacted about additional lighting on Selva Marina. Mr. Hanson stated the police department has looked at that and they believe there is adequate lighting, but the issue is the trees are hanging low and it is hard to get lighting to shine very far. He stated at this time he does not have a good answer for the lighting there. • Stated he will attend the citizens group meeting tomorrow at Donner Park. Commissioner Fletcher • Stated he believes the citizens group is looking into starting a neighborhood crime watch program and believes it will have a great long-term benefit. Commissioner Parsons • Stated he is in support of the citizens group meeting but will be unable to attend due to a prior commitment. Mr. Hanson stated the police department will be there to advise them as to what the City can do to help them. Commissioner Woods • Will attend the citizens group meeting tomorrow night. February 25, 2008 REGULAR COMMISSION MEETING Page 8 A. Appointment to the Board Member Review Committee The Mayor recommended Jim Smith be appointed to the Board Member Review Committee. Motion: Appoint Jim Smith to the Board Member Review Committee Moved by Borno, Seconded by Fletcher Commissioner Parsons stated although he believes Jerry Johnson was very well qualified and wishes him well, he believes Jim Smith is a good selection. Commissioner Woods stated she knows both applicants and likes them both a lot, but believes there may be a little conflict of interest with Jim Smith because he has construction interests which may at some point become an issue because of the Community Development Board. Mayor Meserve stated he does not see this as a major issue. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Meserve • Suggested putting the agenda on the website with an added paragraph explaining what ordinances and other items that are not self-explanatory are about. He also suggested after the meetings, updating whether the items were passed. Commissioner Parsons stated he believes Mayor Meserve does a good job of explaining the ordinances in layman's terms and believes the citizens are well informed. Commissioner Fletcher asked if doing an annotated version on a couple of items is reasonable. Mr. Hanson stated he spoke with City Clerk Bussey and City Attorney Alan Jensen and they agreed some of the titling is a bit cryptic and believes they may be able to do better with putting an agenda together for the web. He stated as far as the reporting after the meeting it is the job of the press, but stated they can look at whether it is possible to put something on the web quickly saying what was and wasn't approved. Commissioner Fletcher stated on the flip side, if we do a summary of what is on the agenda and someone misinterprets the summary, we can get in trouble. He believes it is great the way the hyperlinks bring up the detail and believes it works well. • Stated he met with Art Graham about Chapter 366 in which the City of Jacksonville/Duval County is trying to overwrite the cities relative to well permits, water, etc. He stated Mr. Graham is making changes stating Jacksonville Beach, Neptune Beach and Atlantic Beach have their set of rules on these matters that meet all of Jacksonville's regulations, therefore they are exempt. Mayor Meserve stated he is satisfied with that language. Mr. Hanson stated if that makes the beaches exempt for good that is fine but what he was concerned about was Jacksonville adopting an ordinance where they did not regulate well permitting at all. He stated he does not believe the beaches cities February 25.2008 REGULAR COMMISSION MEETING Page 9 should have to ask the City of Jacksonville if it is okay to change our own ordinances, so he appreciates Art Graham getting into this. Mayor Meserve cautioned the Commission to pay attention to this because they have a tendency to make scrivener's changes which change intent. Adjournment There being no further discussion, the Mayor ATTEST: ~~IY11~tY Donna L. Bussey, CMC City Clerk John meeting adjourned at 8:27 pm. Mayor/Presiding Officer