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10-27-08MINUTES REGULAR CITY COMMISSION MEETING October 27, 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 L. Bartle Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of October 13, 2008. Motion: Approve the minutes of the Regular Commission Meeting of October 13, 2008, as written. Moved by Borno, seconded by Fletcher. 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. No one 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 Meeting A. City Manager's Follow-up Report. 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 October 27, 2008 REGULAR COMMISSION MEETING Pase 2 A. Acknowledge receipt of Monthly Building Department Report and Utility Sales Report for September 2008. B. Award the annual contract for Welding Troubleshooting and Repair to Ace Fabrications, LLC at the prices submitted in Bid No. 0809-01. Mayor Meserve read the Consent Agenda. Motion: Aaarove Consent Agenda Items A and B 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 A. Resolution No. 08-13 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT Mayor Meserve read Resolution No. 08-13 by title only and further explained the Florida League of Cities is engaged in an effort to teach people about government and how it functions, particularly at the local level. To assist in this initiative, the City of Atlantic Beach will pledge to educate our children in schools, as well as general citizens, about the functions of government. He stated Commissioners Fletcher and Borno are scheduled to visit the local schools to educate them about how government functions. He stated he also visits the schools a couple of times a year to discuss the functions of government. Motion: Adout Resolution No. 08-13 as read. Moved by Borno, seconded by Parsons. Commissioner Borno stated he is looking forward to speaking to the Mayport Middle School 6th grade geography class and will address the consolidation of Jacksonville in 1986 and the interlocal agreements that exist since that time. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED October 27, 2008 REGULAR COMMISSION MEETING Page 3 B. Resolution No. 08-14 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA DESCRIBING METHODOLOGY FOR DETERMINING WATER AND SEWER SYSTEM DEVELOPMENT CHARGES FOR SPECIFIC DEVELOPMENTS Mayor Meserve read Resolution No. 08-14 by title only. Motion: Adopt Resolution No. 08-14 as read. Moved by Borno, seconded by Fletcher. Public Utilities Director Donna Kaluzniak explained the methodology for calculating the water and sewer system development charges and outlined staff's recommendation for the new System Development Charges, which she stated will not apply to existing units. She also answered questions from the Commission. Commissioner Borno complimented staff for their proactive approach on this. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 80-08-78, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, WATERWORKS SYSTEM, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER VOLUME RATES FOR THE FIRST BLOCK OF CONSUMPTION AND AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE SEWER VOLUME RATES ON THE FIRST BLOCK OF VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS, AND PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 80-08-78 by title only. Motion: Approve Ordinance No. 80-08-78 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Borno stated he believes this was timely and the Commission received good guidance from staff on this increase. October 27, 2008 REGULAR COMMISSION MEETING Page 4 Commissioner Woods asked that Ms. Kaluzniak inform the Commission of the increased costs associated with this increase in water rate charges. Ms. Kaluzniak stated there have been increased costs associated with the welding contract, orthophosphate (which has increased 115%), and they are continuing to see increased pricing for the chemicals, contractors, etc. She stated these increases are coupled with the work they have to do to meet the TMDL and increased regulatory requirements, as well as increased operating costs. Commissioner Fletcher stated fuel and other commodities are coming down in cost and he knows that we have allowed some fuel surcharge increases in some of our contracts and stated he hopes those are not permanent and can be recaptured. He stated, otherwise, he believes this is a good ordinance. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 90-08-207, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, STATE OF FLORIDA, REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL, MULTI-FAMILY (RG-2) TO COMMERCIAL GENERAL (CG), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 90-08-207 by title only. Motion: Approve Ordinance No. 90-08-207 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve stated the City has grandfathered in any residential properties in this area so they can be rebuilt and believes there is no downside to this ordinance. Mr. Hanson stated this makes the zoning consistent with the comp plan and most of these lots are being used for commercial purposes now. He stated there are two duplexes there now and they can rebuild on that site, if they choose to do so. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 45-08-19, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 20, TAXATION, AMENDING SECTION 20-59, SCHEDULE OF FEES; PROVIDING AN EFFECTIVE DATE October 27 2008 REGULAR COMMISSION MEETING Paae 5 Mayor Meserve read Ordinance No. 45-08-19 by title only. Motion: Approve Ordinance No. 45-08-19 as read. Moved by Borno, seconded by Fletcher. Commissioner Borno stated every two years the City can adjust these fees. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. (Public Hearing) Request for aUse-by-Exception to permit a dog day care and boarding facility in the Commercial General (CG) Zoning District at a developed and unused property at 1075 Atlantic Boulevard. Motion: Approve request for Use-by-Exception to permit a dog day care and boarding facility in the Commercial General (CG) Zoning District at a developed and unused property at 1075 Atlantic Boulevard. Moved by Borno, Seconded by Parsons Community Development Director Sonya Doerr explained the request, stating staff and the Community Development Board recommended approval. She introduced Mr. and Mrs. Greg and Karen Stang who further explained the improvements they intend to make to the property. Commissioner Woods asked if there were any requirements to notify neighbors and, if so, have they been notified. Ms. Doerr stated there have been no complaints because there are not any neighbors that will be impacted. Commissioner Borno asked the applicants if they would be willing to put in some type of noise barrier in the back of the property, if needed at some point in the future. Mr. Stang stated the property actually extends many feet back behind the tree line and is all wooded, but agreed they don't want to affect any of the neighbors and will do whatever is necessary. Commissioner Fletcher asked how long ause-by-exception is good for. Mr. Hanson stated it is good as long as the present owner is there. Ms. Doerr stated the use-by- exception doesn't run with the property. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. October 27, 20(18 REGULAR COMMISSION MEETING Pace 6 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Request from City of Neptune Beach for resolution supporting a second hazardous waste pick up at the beaches each year. City Manager Hanson explained Neptune Beach requested Atlantic Beach adopt a resolution to support their request for Jacksonville to put on a second hazardous waste collection day here at the beaches every year. He further explained that Jacksonville hosts six events in Duval County throughout the year, with one at the beaches. He stated the City of Jacksonville has provided these at no cost, although they cost between $13,000 -$15,000 per event. He stated City of Jacksonville has stated they do not have the budget to put on an additional event, but if someone would pay for it they would be glad to do it. He stated they have had no complaints from our citizens that there are not enough pickups. Commissioner Borno stated, although this is a good idea, it has funding related to it, and he does not believe any action should be taken until the three beaches Mayors and City Managers can get together and agree to it and share the cost. Commissioner Fletcher concurred with Commissioner Borno's comments. Commissioner Parsons stated the City of Jacksonville also has a permanent location where these hazardous waste items can be dropped off. He stated he is not for adding anything else to the budget. It was the consensus of the Commission that no action be taken until after the Neptune Beach election. C. Modifications to Community Development Block Grant (CDBG) projects. Assistant City Manager David Thompson explained there were a lot of people who worked on this including Jim Hanson, Rick Carper, Sonya Doerr, Timmy Johnson, and Mike Classey. He stated staff s recommendations for using the funds this year include the sidewalk project on George Street; and the tennis courts, drinking fountains, lighting, fencing, etc. at Donner Park. He stated if there is money left over they would like to continue sidewalks down Dutton Island Road. Motion: Approve revised Community Development Block Grant funded proiects for FY 2008-2009 funds and carryover funds from FY 2007-2008 Moved by Borno, seconded by Parsons October 27, 2008 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Demonstration of crime tracking software available for public use. Police Chief Mike Classey demonstrated the new crime tracking service, CrimeReports.com, which will allow the citizens to track the crime in their neighborhood. He stated this will be updated every twenty-four hours and can be searched by crime type, date, distance, sexual offenders, etc. E. Advanced Disposal Contract Addendum for Storm Debris Collection. Public Works Director Rick Carper summarized the background necessitating the addendum for the Advanced Disposal contract. Motion: Approve Addendum to the Advanced Disposal Contract and authorize City Manager to sign for the City Moved by Woods, seconded by Borno Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED F. Rental Inspection Report David Thompson thanked Dale Hatfield, Mike Classey, Alex Sherrer, Sonya Doerr, Mike Griffin, and Erika Hall for their participation on this report. Mr. Thompson gave a slide presentation of the unsafe conditions in some rental units in Atlantic Beach. He explained the aspects of the proposed rental inspection program and outlined the options the City could take in implementing a rental inspection program. He stated staff recommended starting with acomplaint-based targeted system, which he further explained. He stated this program will require educating both the tenants and the landlords. Mayor Meserve recognized Peter Sapia in the audience, stating he is a long time realtor, resident of Atlantic Beach, property manager with several rental units, long time member of NEFAR and is one of the good guys. After further discussion, it was the consensus of the Commission, to direct staff, with the involvement of NEFAR, to go forward with the complaint-based target inspection system and bring it back to the Commission for action. City Manager 9. City Manager A. City Manager's Report October 27, 2008 REGULAR COMMISSION MEETING Page 8 Mr. Hanson reported on the highlights of the strategic plan quarterly report, including the Mayport Road Corridor project's Code Enforcement, Rental Inspection, Policing, and Recreation Programs; Mayport Medians; Hopkins Creek Pond completion; and Environmental Planning to meet TMDL nitrogen regulations. Commissioner Parsons asked for an update on the progress of changing out the JEA lights to brighter lights in the Mayport Corridor area that was brought to their attention by Sarge. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno Discussed the summary of the Florida League of Cities Finance and Taxation Committee meeting stating the four top prioritized items that will be brought back at the November meeting are the tax reform, local government revenue restrictions, local government pension plans, police pension plans. He stated the full report of the October meeting is in the City Clerk's office. Stated Code Enforcement action on seven businesses is coming up in the November meeting and stated he would like to have these deferred until he can speak to the businesses. Mr. Hanson suggested meeting with the businesses before the Code Enforcement meeting instead of asking the Code Enforcement Board to defer. Commissioner Woods Stated there is a program with our utility department where citizens can contribute money when paying their bills for assistance to those citizens who are having trouble paying their utility bills. She stated there have been many water cut-offs recently due to the economy and asked that the City try to advertise this more to get more citizens to join that program. Mayor Meserve • Stated he was elected by the beaches mayors to be the representative to the TPO. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:21 pm. ATTEST: ~~~ Donna L. Bartle, CMC City Clerk