6-28-10 vMINUTES
REGULAR CITY COMMISSION MEETING
June 28, 2010
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno Commissioner Carolyn Woods
Mayor Pro Tem John L. Fletcher City Attorney Alan C. Jensen
Commissioner Jonathan Daugherty City Manager Jim Hanson
Commissioner Paul Parsons Recording Secretary Nancy E. Bailey
ABSENT:
City Clerk Donna L. Bartle (Excused)
Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Woods gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approve the minutes of the Special Called (Shade) Meeting of June 14,
2010 and the Regular Commission Meeting of June 14, 2010.
Motion: Approve the minutes of the Special Called (Shade) Meeting of June 14,
Moved by Parsons, Seconded by Fletcher
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Judy Poppell, 1700 Park Terrace East, President of Oceanside Rotary Club, stated
they are contributing $12,500 for lighting at the Skate Park.
Mitch Reeves, 1663 Sea Oats, addressed the reconsideration of the audio recordings
stating he is in favor of the recordings and believes having three months at a time is
good. He also asked if we could make the audio recordings easier to find on the
website.
Jolyn Johnson, 2322 Beachcomber Trail, asked why there is no lifeguard at the
Oceanwalk entrance to the beach.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
June 28, 2010 REGULAR COMMISSION MEETING Page 2
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson addressed the comment from the last meeting regarding
using YouTube or other devices for the audio recordings of the Commission meetings.
He stated YouTube has a limit of 15 minutes so that is not a viable option.
Mr. Hanson further stated there had been a number of citizen concerns starting last
week regarding lifeguard locations. He asked Assistant City Manager Thompson to
give an update regarding the lifeguard situation. Mr. Thompson explained the reasons
for the changes in manning certain lifeguard towers, which was mainly a reflection of
budget and lack of use at these areas of the beach. Discussion ensued and Mr.
Thompson and Lifeguard Captain John Phillips answered several questions from the
Commission. It was the consensus of the Commission to have staff bring back a
recommendation to the next Commission meeting regarding the need for lifeguard
coverage at the Oceanwalk access.
Mayor Borno reopened the Courtesy of the Floor to Visitors.
Marcus Hill, 1447 Mayport Road, addressed the Commission regarding the
ordinance on flags and banners, stating he has received a letter saying he will be fined
for his and asking if they could give him some leniency for his grand opening. Mayor
Borno stated he will stop by to speak with him about his concerns.
Jeff Bongiorno, 601 Camelia Street, owner of Bongiorno's Steakshop at 2294
Mayport Road, stated he is also concerned about the sign ordinance, stating the
business owners are hurting and are trying to get recognition. He further stated there is
a dangerous intersection coming out of NEX, where he has witnessed five accidents
since he has been opened and asked how one goes about addressing that issue. He
stated although his business is in the Pan Am shopping center, he is part of the area
and he believes the better the business owners do the better the whole area does.
Mayor Borno stated they would get with him also and discuss his concerns.
Mayor Borno closed the Courtesy of the Floor to Visitors.
Commissioner Parsons stated if Mr. Bongiorno is in Jacksonville, we don't control his
signs. Mayor Borno stated he will still meet with him to find out what his issue is.
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.
June 28, 2010 REGULAR COMMISSION MEETING Page 3
A. Acknowledge receipt of the Financial Report and the Building Department
Monthly Activity Report for May 2010.
Mayor Borno read the Consent Agenda.
Commissioner Woods pulled Item A. She stated after reviewing the cash and
investments numbers the rate of return seems to be improved and wanted to commend
everyone involved in looking at the way we invest our funds. She stated they have
obviously done something right because it is much better. Mr. Hanson stated Nelson
Van Liere has diversified the portfolio some and we are looking at greatly increased
investment returns for the next year.
Motion: Auurove Consent Agenda Item A, as read.
Moved by Fletcher, Seconded by Woods.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOT10N CARRIED
Committee Reports 5. Committee Reports
Mayor Borno asked that Commissioner Fletcher report on the Board Member Review
Committee recommendations that coincide with the Resolution at this time.
Commissioner Fletcher reported the Board Member Review Committee discussed
vacancies on the Cultural Arts and Recreation Advisory Committtee, stating there is
one vacancy because the enabling Resolution for that Committee requires that one
member be from the Teen Council. He stated there is not a Teen Council anymore, so
there is a vacant position. He explained, after discussion, the Board Member Review
Committee suggested the enabling Resolution for that Committee be changed to allow
them to fill that position and remove the requirement that someone from the Teen
Council serve on that board. He stated this is what Resolution No. 10-08 is for.
Commissioner Woods stated she is sad to see Teen Council go and thought it was a
wonderful way to get kids involved in civic duty and activity. She suggested instead
of passing the Resolution that they reconsider and try to recreate the Teen Council.
Mr. Hanson stated the reason the Teen Council fell apart was because they didn't have
adult supervision for leadership. Mayor Borno stated they should get the word out that
they need a dedicated person who is willing to volunteer their time to supervise the
Teen Council so they could get it started back up. He stated, however, they owe it to
the Cultural Arts and Recreation Board to approve the Resolution tonight to make the
change and if they can then get the Teen Council organized they can come back and
adjust the position with another Resolution. Discussion ensued and it was the
consensus of the Commission they would like to get the Teen Council started up again.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 10-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
THE REQUIREMENTS FOR MEMBERS ON THE CULTURAL ARTS AND
June 28, 2010 REGULAR COMMISSION MEETING Pa e 4
RECREATION ADVISORY COMMITTEE AND PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Borno read Resolution No. 10-08 by title.
Motion: Approve Resolution No. 10-08 as read.
Moved by Fletcher, Seconded by Parsons
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 33-10-17, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CALLING
FOR A REFERENDUM TO AMEND SECTIONS 14, 36, 39, 40 , 41 AND 43 OF
THE CITY CHARTER TO AMEND THE SCHEDULE AND PROCEDURES FOR
CITY ELECTIONS, AND PROVIDING AN EFFECTIVE DATE.
Mayor Borno read Ordinance No. 33-10-17 by title.
Motion: Approve Ordinance No. 33-10-17 as read.
Moved by Parsons, Seconded by Woods.
Mayor Borno opened the Public Hearing. Mayor Borno summarized the Ordinance.
Mr. Hanson stated this also allows the Supervisor of Elections to send out the absentee
ballots earlier so they can get them back in time, particularly for the military, to be
included as part of the election. No one from the audience spoke so Mayor Borno
closed the Public Hearing.
Commissioner Woods stated this is adjusting our schedule and Jacksonville is also
making adjustments to their schedule and asked what happens if Jacksonville's voters
vote no and Atlantic Beach votes yes. Commissioner Fletcher agreed if that happens
then it is not in synchronicity and asked why we are rushing to do this now when we
don't know if the charter referendum is going to pass in Jacksonville. He stated we
have another year to go and this can be put on another ballot cycle, why rush to do this.
He stated if the referendum fails in Duval County then we remain out of sync with
them on the election calendar. Mr. Hanson stated this would extend the timeframe to
give more time for the ballots to be printed, mailed out and returned regardless of
whether it would sync up with Jacksonville's schedule. He stated the intent was to try
to get this in place before the next Atlantic Beach election. Mr. Jensen stated if they
are going to do this by referendum they have to have it to the Supervisor of Elections
office before July 7. Commissioner Woods asked if the primary goal is to stretch the
duration of the election to give the Supervisor of Elections time to run the election and
the secondary goal is to be in sync with Jacksonville. Mr. Hanson stated that was
correct. Mayor Borno reiterated this puts this on a referendum for the fall election so it
will be effective for the 2011 election.
June 28, 2010 REGULAR COMMISSION MEETING Page 5
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Installation of Permanent Lighting at Oceanside Rotary Skate Pazk.
Public Works Director Rick Carper summarized his staff report stating Oceanside
Rotary is giving the City of Atlantic Beach $12,500 for the purpose of installing
permanent lighting at the Skate Pazk. He stated staff recommends the Commission
accept the grant. Mr. Hanson stated the Rotary Club has been tremendous to work
with on the Skate Pazk and the City did not have the money to put the lights so they
stepped up. He stated this money comes out of this fiscal yeaz for them so this needs to
be completed before September 30, 2010, which is why it was brought before the
Commission now.
Motion: Approve acceptance of the grant from the Oceanside Rotary Club for
installation of permanent lighting. Additionally, authorize the City Manager to
transfer the remaining $2825 required for installation from available Parks
Division accounts to complete the installation.
Moved by Woods, Seconded by Fletcher.
Commissioner Pazsons asked where the City's portion of the money is coming from.
Mr. Hanson stated there was money left over from the Howell Pazk Pedestrian Bridges.
Commissioner Woods asked if Mr. Carper had received a reconfirmation of the bid
from Miller Electric. Mr. Carper stated he had not but he was told the only thing that
may change would be the cost of the concrete poles.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Proposed Change Order No. 8 to Royal Palms Drainage Rehabilitation Project
(PW0905).
Mr. Carper explained the change order, stating it includes several minor changes from
earlier in the project for modifications to the design due to utility conflicts.
Motion: Authorize the City Manager to execute Change Order No. 8 to the R.B.
Baker Construction contract.
Moved by Woods, Seconded by Parsons.
June 28, 2010 REGULAR COMMISSION MEETING Page 6
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Portable kayak concession at Dutton Island.
Assistant City Manager David Thompson explained the background of the RFP for a
kayak concession, stating the City received only one proposal from Ed Hogan with
Nautical Escapes. He stated staff recommends the Commission approve Mr. Hogan's
proposal.
Motion: Authorize the City Manager to enter into a contract with Nautical
Escapes to overate a portable kayak rental facility at Dutton Island.
Moved by Woods, Seconded by Parsons.
Mr. Edward Hogan, owner of Nautical Escapes explained his background and proposal
for this concession and answered questions from the Commission. Discussion ensued.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Easement from U.S. Navy for Existing Effluent Force Mains at Sherman Point.
Utility Director Donna Kaluzniak explained this easement is for the effluent outfall
pipe that crosses the Navy's property before it goes into the river at Sherman Point.
She stated the Navy provided Atlantic Beach with an easement in 1984 and the
maximum amount of time they allow for an easement is 25 years, so it has expired.
She stated the Navy has done the paperwork to renew the easement which is what is
before the Commission tonight.
Motion: Approve request for Easement from U.S. Naw for Existing Effluent
Force Mains at Sherman Point.
Moved by Woods, Seconded by Daugherty.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Reconsideration on Audio Recordings being posted to City's Website.
Mayor Borno stated he asked that this reconsideration be put on the agenda. He stated
he was informed by IT that the first two weeks the recordings were up, there were 75
hits and 25 of those were from IT. He stated the quality is questionable and although
he is in favor of keeping this, we don't have money to improve our equipment, so
June 28.2010 REGULAR COMMISSION MEETING Paee 7
everyone needs to make sure their microphones are on. He asked if we really need six
recordings out there at one time. He believes it is a better utilization of time to only
have one recording at a time and do this for a year as an experiment.
Motion: Reconsider the issue related to audio recordings posted on the City's
website.
Moved by Borno, Seconded by Parsons
Votes:
Aye: 3 -Borno, Fletcher, Parsons
Nay: 2 -Daugherty, Woods
MOTION CARRIED
Motion: Reduce posted audio recordings to one recording at a time.
Moved by Borno, Seconded by Parsons
Commissioner Fletcher stated there is no additional labor to City staff in having six
recordings on the website, because once they are there, to add the most recent one and
drop off the earliest one is the same effort as dropping one meeting off and replacing it
with another. He believes since it is not costing any additional money or resources, he
would like the posted audio recordings to remain at six total meetings.
Commissioner Daugherty suggested looking into the feasibility of having a video
recording made of the meetings.
Commissioner Woods agreed with Commissioner Fletcher that there is no additional
burden or cost. She stated she believes every option for citizen involvement is a good
option and believes we should stay with what we have.
Roll Call Votes:
Aye: 2 -Borno, Parsons
Nay: 3 -Daugherty, Fletcher, Woods
MOTION FAILED
City Manager 9. City Manager
A. City Manager's Report.
City Manager Jim Hanson reported there will be a SK Race for Fetal Hope on
Saturday, October 16, starting at Sailfish and Atlantic Blvd., which is a fund raiser for
Wolfson Children's Hospital.
He also reported that JEA has invested approximately $500,000 in improvements to
the infrastructure in Atlantic Beach, including replacing 296 wooden poles and adding
five new reclosers, devices which sectionalize off a piece of the electric system so they
can get power back on to smaller segments without having to wait to fix one particular
problem. He stated hopefully these changes will reduce the number of outages and the
time it takes to repair them the next time we have a big storm in Atlantic Beach.
June 28, 2010 REGULAR COMMISSION MEETING Pace 8
Reported that Steve Piscitelli (a former member of the Cultural Arts and Recreation
Advisory Committee when the Acoustic Night and Songwriters Night were started)
will be releasing his second CD and has offered to donate $1.00 to the City of Atlantic
Beach for each CD sold to offset the cost of putting on the Acoustic Night and
Songwriters Night.
Mr. Hanson asked David Thompson to give an update on the Mayport Corridor. Mr.
Thompson reported on the highlights of the activities in the Mayport Corridor, stating
Vineyard Church has been very active with the kids in the community; the Mayport
Business Association has officially been formed, with Kelly Erhayel as the President;
Movies in the Park are starting up again; another Landlord/Tenant training will soon
be held; and COPS completed a bicycle safety program, with another one scheduled.
He further reported on the results of the survey taken by the Police Department in the
Royal Palms neighborhood. He also stated some upcoming programs are a swim
program by the Kiwanis Club to teach the children how to swim, an evening basketball
league, an academic assistance focus on the kids at the centers, and an environmental
education program using the kayaks of Mr. Hogan to get the kids out on the marshes.
He stated this has been a team effort and complimented the City staff, Vineyard
Church, Sunrise Church, Mayport Business Association and the volunteers for their
involvement in the Mayport Corridor. He further stated Dale Hatfield is the pivot man
who is out in the community on a daily basis making those things happen.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Appointments to the Cultural Arts and Recreation Advisory Committee.
Commissioner Fletcher reported the Board Member Review Committee made the
recommendation to reappoint Cris Garrard, Lynne Roskein and Jolyn Johnson to serve
on the Cultural Arts and Recreation Advisory Committee for an additional term.
Motion: Reaapoint Cris Garrard, Lynne Roskein and John Johnson to serve on
the Cultural Arts and Recreation Advisory Committee for an additional term
be~innin~ July 9, 2010.
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mr. Fletcher further stated the Board Member Review Committee recommended
appointing Carolyn McCarthy and Tammy Lally to serve as new members on the
Cultural Arts and Recreation Advisory Committee beginning July 9, 2010.
Motion: Aanoint Carolyn McCarthy and Tammy Lally to serve as new members
on the Cultural Arts and Recreation Advisory Committee beginning July 9, 2010.
Moved by Borno, Seconded by Woods
June 28.2010 REGULAR COMMISSION MEETING Pa e 9
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Daugherty
• Stated he organized a meeting with the City Manager and Dignity-U-Wear to
provide new clothes for a back to school program with the Donner and Jordan
Centers. He stated the Vineyard Church has volunteered their facilities to host
a fund-raising concert on August 16. He stated their goal is to raise $3,000
which will clothe about 300 children for school.
• Stated there is nothing in our procurement policy that states any vendor we do
business with must hire legal workers, so he will propose a resolution at the
next meeting amending our procurement policy.
• Would like consensus from the Commission to ask staff to prepare a feasibility
study of having a video recording of the Commission meetings.
• Received a proposal from a marketing company fora 3-minute video
promoting Atlantic Beach and designing a brochure would cost approximately
$1,500.
• Stated he has been paperless for the agenda packets for a couple of months now
and it is working fine. Stated after learning from the City Clerk's office that
they were printing 20 copies for the Commission, staff, etc., he spoke with Mr.
Hanson about eliminating that, so they will now only print hard copies for the
Commission and others on the Dias and a Lobby Copy, which will reduce the
cost of printing.
Commissioner Woods
Following up on Jonathan's comments regarding marketing the City, she stated
since we work with the Chamber of Commerce, she was wondering how they
can be of help to us.
Stated she wanted some clarification on an email sent around by the City
Manager with an attachment from the City Attorney concerning the payment to
the Estates of Atlantic Beach of the $140,000 and asked if we had actually
gotten a title policy or decided to forego that effort. Mr. Jensen stated the title
policy will be issued after all the documents are back from the Clerk's office
after they are recorded. He further stated they requested additional information
from the Estates of Atlantic Beach regarding ownership, management, that type
of thing, so once they have all that information and the recorded documents,
they will issue the policy. Commissioner Woods asked if he got another
commitment from them after the RCBS Corporation filed their invocation of
reverter. Mr. Jensen stated they gave us a revised copy.
Mayor Borno
• Reported on the updated flood maps, stating people should be aware of these
maps in case they need additional insurance. Commissioner Fletcher reiterated
there have been changes to the flood map that are adverse to property owners.
June 28.2010 REGULAR COMMISSION MEETING Page 10
Mayor Borno stated the website is www.mapingtherisk.com or you can call the
City of Jacksonville at 630-2489.
Commissioner Parsons
• Wished everyone a happy and safe July 4rn
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:07
p.m.
n~ ~~--.a
Mike Borno, Mayor/Presiding Officer
ATTEST:
Nancy E. ey
Acting City Clerk