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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