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6-13-11 MINUTES REGULAR CITY COMMISSION MEETING June 13, 2011 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty Recording Secretary Nancy E. Bailey Commissioner Paul Parsons ABSENT: Commissioner Carolyn Woods (Excused) City Clerk Donna L. Bartle (Excused) Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Parsons gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of May 23, 2011. Motion: Approve the minutes of the Regular Commission Meeting of May 23, 2011, as written. Moved by Fletcher, Seconded by Daugherty. Commissioner Parsons stated he misunderstood what was going on during the last meeting regarding amending the minutes of May 9. He stated it was his understanding that there was a correction in what Lyman Fletcher was saying, but actually these were additions to the minutes. He asked that this be reopened since he was on the prevailing side. He stated after reading the attachment, he would like to change those minutes back to what the minutes were originally. Motion: Remove the Attachment A from the minutes of May 23 and change the minutes of May 9, 2011 back to the original minutes, as submitted by staff. Moved by Parsons, Seconded by Fletcher Commissioner Daugherty stated what he recalls was that the text they were given were words he actually said at the previous meeting, which was confirmed by Recording Secretary Nancy Bailey, so it is not changing the record of that meeting it is substituting. Commissioner Fletcher stated what Ms. Bailey did was provide them with a verbatim of what former Mayor Fletcher said and what they included in the minutes was a summary of that which was summarized by Commissioner Woods. He stated he voted against it because he did not think it was incumbent upon any one of them to summarize the intent of someone else's comments and they generally do not put verbatim comments in the minutes. He asked Ms. Bailey if it was correct that she gave them the verbatim and they amended it with Commissioner Woods' summary of the verbatim. Ms. Bailey stated that was correct, the minutes were amended with what Commissioner Woods wanted summarized of what Mr. Fletcher said, rather than what she summarized of what he said. Commissioner Daugherty stated he also June 13, 2011 REGULAR COMMISSION MEETING Page 2 misunderstood. He stated that is what happens when you bring something to a meeting without giving them time to go over it before. Votes: Aye: 4 — Borno, Fletcher, Parsons, Daugherty Nay: 0 MOTION CARRIED Motion: Approve the minutes of the Regular Commission Meeting of May 23, 2011, as amended. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 4 — Borno, Fletcher, Parsons, Daugherty 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. Jack Berry, 65 Reeding Ridge Drive W., representing the Beaches Veterans Memorial Park, thanked the City for giving them the opportunity to develop this wonderful park. He reported that the veterans have laid 20 pallets of sod, which has saved them approximately $5,000. He reported on the Chaplains Memorial Garden and explained the engraved brick program. He further reported that he has been contacted by the Daughters of the American Revolution who are considering taking on the monument in the Chaplains Memorial Garden as a State project. He also thanked the local media for their support and distributed several newspaper articles to the Commission. No one else from the audience spoke so Mayor Borno 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. June 13, 2011 REGULAR COMMISSION MEETING Pate 3 A. Acknowledge receipt of the Monthly Building Department Report and Utility Sales Report for May 2011 and List of New Business Tax Receipts issued in May 2011. Mayor Borno read the Consent Agenda. Mayor Borno pulled Item A. He pointed out that the comparisons of the values of the permits have increased just under $1 million since this time last year. Commissioner Parsons also pointed out that single family permits have increased from 4 in 2010 to 13 in 2011. Commissioner Daugherty stated in the Utility Sales Report for Water Loss we have gone from 20,463 in May 2010 to 15,248 in May 2011, which is roughly a 25% reduction in water loss and believes a lot of that is attributed to updating the meters. Motion: Approve Consent Agenda Item A as read. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 11 -22 A RESOLUTION OF THE CITY OF ATLANTIC BEACH RENAMING MANDALAY PARK IN ATLANTIC BEACH "WATERS PARK" IN MEMORY OF J. DEZMOND WATERS, III. Mayor Borno read Resolution No. 11 -22 by title. Motion: Approve Resolution No. 11 -22 as read. Moved by Parsons, Seconded by Fletcher Mayor Borno welcomed Dezmond Water's widow, Janice, and family and read the Resolution for them in its entirety. Commissioner Daugherty asked how much has been donated by citizens. Mr. Hanson stated they have received $2,155. Commissioner Daugherty stated he would like to see a good memorial and suggested they let the public know that they are still accepting donations for that. Mayor Borno stated we could ask the press to put the word out that donations are still open to this memorial fund. He stated it will not only be for preparation of the first sign but also will be used for maintenance of it for perpetuity. Commissioner Parsons stated it has been a pleasure knowing the Waters family and working with Dezmond. He stated he was a great teacher to him in more ways than one, not just in high school but also on the Commission. Commissioner Fletcher stated although he never had the opportunity to serve with Dezmond, he did take four years of Latin in high school and would have June 13, 2011 REGULAR COMMISSION MEETING Page 4 loved to have him as a teacher. He stated in every conversation he ever had with Dezmond he came away feeling he had learned something and sincerely appreciated him as a person. He stated they are very excited to do this for him. Mayor Borno stated Dezmond was a mentor to him in a lot of ways, in particular in the Florida League of Cities and the N.E. Florida League of Cities. Mrs. Waters thanked the Commission for their kind comments. Mayor Borno stated they will notify her when the sign is ready and when we will have the dedication. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED B. RESOLUTION NO. 11-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION'S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY - PROMULGATED NUMERIC NUTRIENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 11 -23 by title. Motion: Approve Resolution No. 11 -23 as read. Moved by Parsons, Seconded by Daugherty Public Works Director Rick Carper stated the resolution was requested to be sent to EPA through a DEP Petition by a number of organizations from different municipalities. He further summarized the elements of the petition. He stated he was asking the Commission to endorse the resolution. Mr. Carper pointed out that the EPA criteria, as written, would have a significant cost for the State, i.e. the estimate for the City of Atlantic Beach would be $4.00 - $8.00/gallon/day in extra capital costs because the wastewater treatment plant upgrades we are currently building would not meet these criteria. He stated we would have to go another step beyond to reverse osmosis. He stated it would also require stormwater to meet the same criteria, which would require an end of ditch treatment for every stormwater outfall we have. He stated currently the State of Florida spends approximately $1 billion on stormwater and it is estimated that would go to $4 -5 billion per year with this EPA criteria. Commissioner Fletcher asked what percentage the $4.00 - 8.00 /gallon/day represents in terms of an increase over what it is costing us now. Public Utilities Director Donna Kaluzniak stated that comes out to an additional $14 -28 million in capital cost and another several hundred thousand dollars in operating cost. She explained there is no current technology that meets the levels they are proposing. June 13, 2011 REGULAR COMMISSION MEETING Page 5 Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20 -11 -110, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -11 -110 by title. Motion: Approve Ordinance No. 20 -11 -110 as read. Moved by Parsons, Seconded by Fletcher Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Assistant City Manager David Thompson explained staff has added a $5,000 expenditure that was not included in the First Reading. He explained this relates to the need for a larger well for the water testing for the geothermal system in the new police building and comes from the sales tax funding. Commissioner Fletcher asked what the rate of accumulation of dollars in bed tax fund currently. Mr. Thompson stated it is approximately $65,000 /year. Motion: Amend Ordinance No. 20 -11 -110 to include the $5,000 to put in the larger well and delete the $18,517 CDBG expense. Moved by Fletcher, Seconded by Parsons Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED Motion: Approve Ordinance No. 20 -11 -110 as amended. Moved by Fletcher, Seconded by Parsons Commissioner Daugherty commented on change orders, stating he hopes they can keep them at a minimum. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED June 13, 2011 REGULAR COMMISSION MEETING Page 6 Miscellaneous 8. Miscellaneous Business Business A. Request from Beaches Habitat for Relief of Lien on Dutton Island Road Property. Mr. Hanson gave the background of the request, stating Beaches Habitat has prepared a Corporate Warranty Deed to transfer the title of the property to the City. He stated the Deed has a provision that states the property can be used by Beaches Habitat for as long as they like, to maintain a community garden, but if the property ever ceases to be used as a community garden or maintained properly, Beaches Habitat will then forfeit all rights and interest to the property. He stated if that ever becomes the case, it puts the City back in the position to dispose of the property to someone who will take care of it, which would presumably be one of the three adjoining property owners. He stated he recommends that the Commission vote to accept the title from Habitat. Ralph Marcello, Executive Director of Beaches Habitat, 1671 Francis Avenue, thanked the Commission, stating they have already begun cleaning the property getting it ready to plant. He stated they look forward to working with their education group and as soon as something grows will be happy to bring something in for their next dinner. Mayor Borno thanked Mr. Marcello for his efforts in getting this done. Motion: Authorize the acceptance of the Corporate Warranty Deed for the property on Dutton Island Rd. (172198- 0100). Moved by Parsons, Seconded by Fletcher Commissioner Daugherty asked about liability issues for the City. Mr. Hanson stated we are insured for anything we own. Mr. Jensen stated we are insured but if someone out there hits their own foot with a hoe or something it isn't the City's liability. He stated there is no more liability on that property than there is in Russell Park. Commissioner Fletcher stated the premium would be nothing. Commissioner Daugherty also expressed concerns about what happens if this doesn't work. Mr. Hanson stated there are three adjoining properties, and although he has not spoken to any of the property owners, he would guess that they would want to expand their yard. He believes the City would benefit by donating the property to either one of them or a combination of the three with the provision that the property be replatted so it is all contained on one lot so it no longer is a separate stand -alone lot that someone could choose not to pay taxes on, which is how it got to this condition to begin with. Discussion ensued. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED B Approval of design for Veterans Park Chaplains Memorial Garden. June 13, 2011 REGULAR COMMISSION MEETING Page 7 Mr. Carper gave a slide presentation of the conceptual design, stating the hardscape cost is approximately $350,000 of funds needing to be raised. He stated they are asking for approval of the design so it can go to detail design and then they can do some cost estimates. Mayor Borno stated he appreciated all the work Mr. Carper has put in on this project. Motion: Approve the proposed plans for Veterans Park for Phase 2 — the Chaplains Memorial Garden. Moved by Parsons, Seconded by Borno Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED C. Approve contractor for Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Grant (Bid No. 1011 -07). Ms. Kaluzniak stated she would like to make a change in the recommendation. She explained the City of Jacksonville is still reviewing the bid to determine whether it meets the Section 3 requirements, which has to do with the contractor hiring a certain amount of people from low income areas, etc. She stated she would like to change the recommendation to include, "contingent upon City of Jacksonville approval ". Mr. Hanson pointed out that this is the only sewer rehab project that has ever been approved under this type of funding and Mr. Thompson and Ms. Kaluzniak have spent a tremendous amount of time, not only getting the grant put together, but in trying to get through all the administration. Motion: Award a contract to Insituform Technologies, Inc. for the Donner Subdivision Sewer Upgrades — CDBG Disaster Recovery Project in the amount of $140,294.00 and authorize the City Manager to sign the contract, contingent upon the City of Jacksonville's approval. Moved by Daugherty, Seconded by Parsons Commissioner Fletcher stated there is about $37,800 left and asked whether that money is available for anything else. Ms. Kaluzniak stated it is very specific because of the Section 3 requirements and it has to all be in the low income area. She stated there are a few extra areas she might be able to do as a change order but she is waiting on the State to tell her if that would be approved. She stated if it is she will bring it back to the Commission as a change order. Commissioner Fletcher stated we might then be able to expand the geographic area we are doing it in and absorb all the money. Commissioner Parsons asked what the chances are of Insituform not meeting what Jacksonville wants. Ms. Kaluzniak stated, looking at actual regulations, they really don't apply in this instance because they base it on the fact that most contractors let their people go in between jobs, so when they start a new job they are hiring new people. She explained the regulations state if you hire additional people you have to June 13, 2011 REGULAR COMMISSION MEETING Page 8 make a good faith effort to hire them from the local disadvantaged community. She stated they also have to meet the qualifications. She stated Insituform and all the other contractors who bid are in the same situation. She explained because it is very specialized work and takes several months of training, Insituform does not terminate their people in between contracts so they do not expect to be hiring any additional people. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED D. Intracoastal Waterways Master Plan Scope & Fees Approval. Mr. Carper stated last month the Commission authorized staff to negotiate with CPH Engineers and HHI Design. He stated they proposed a lump sum scope, and the level of work they are offering is more than he expected to see for $25,000. Motion: Approve the Scope of Services and Fee Proposal for the Intracoastal Waterways Master Plan and authorize the City Manager to sign the contract with CPH. Moved by Daugherty, Seconded by Fletcher Commissioner Fletcher asked what the source of funding is for this. Mr. Hanson and Mr. Carper stated it is from the General Fund. Discussion ensued regarding the timeline, which Mr. Carper summarized from his staff report. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 0 MOTION CARRIED E. Police Department Report - 1 Quarter, 2011. Chief Mike Classey summarized the highlights of the 1 Quarter report. He further explained the Florida Law Enforcement Challenge, stating Atlantic Beach placed number three in the State last year for our size agency and is in the top three again this year. He also stated the emergency response time continues to be exemplary, with the average time of 2 minutes 9 seconds for the first quarter. Discussion ensued and Chief Classey answered questions from the Commission. City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the last alcohol deployment on June 3 resulted in no sales to minors. June 13, 2011 REGULAR COMMISSION MEETING Page 9 Mr. Hanson reported on the sale of a confiscated truck, stating they have had a policy asking the Commission to declare surplus and approve the sale of any items valued over $1,000. He stated one vehicle has been sold without following the policy. He explained it was a 1996 Nissan truck which was acquired by the Police Department through a forfeiture related to an attempted murder in 2009. He stated the truck had over 150,000 miles on it and was sold to the PropertyRoom.com website which the Police Department uses to dispose of their surplus property, as opposed to the normal deal when they have used City vehicles that are taken to the Jacksonville Beach auction. He stated the truck was sold for $1,400 at bid, although they all expected it to sell for less than $1,000. He stated in order to sell it they couldn't wait for the next Commission Meeting and he is here tonight to ask forgiveness rather than asking for permission and assured the Commission this will not happen again. Mr. Hanson reported on an intent to sue notification received on behalf of AT &T for damages amounting to a little over $1,000 related to a utility repair. He stated the City's Utility crew tore up an AT &T line, which the City believes was improperly installed. Mr. Hanson asked Mr. Thompson to give a report on Hurricane Planning and the Mayport Corridor. Mr. Thompson explained the changes to the Disaster Preparedness Guide, which is provided by the Times Union and available at City Hall. He answered several questions from the Commission regarding evacuations, emergency drills, Atlantic Beach hurricane plan, distribution of information to citizens regarding hurricanes, etc. Mr. Thompson updated the Commission on the Mayport Corridor, stating the recent emphasis has been on businesses including those on Atlantic Blvd. He reported the mural on the restrooms at Donner Park has been completed, with children from the neighborhood helping the artist. He also explained a program with Beaches Habitat for small and large home repairs. He further highlighted other events taking place in the Corridor. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners Mayor Borno welcomed Commission Daugherty back from his time in Joplin, Mo City Attorney where he volunteered. Commissioner Daugherty explained he was in charge of food distribution for Catholic Charities. Commissioner Parsons • Received a complaint from an Oceanwalk resident regarding people still trying to get to Hanna Park from Seminole Road. Mr. Hanson stated he and Rick Carper also spoke to this resident and Mr. Carper has agreed to look at the signage at the five points intersection to see if they can make it a little more visible. • Another resident complained that the field offices for the beach renourishment sat in front of their house for over a month during the last renourishment and they wanted to see if it could be placed at a different location this time. Mr. Carper stated at the preconstruction conference their plan did not indicate they are going to have any kind of structures in Atlantic Beach. He stated they will June 13, 2011 REGULAR COMMISSION MEETING Page 10 use 7th and 15 Streets for small vehicle access but all of their major equipment will be at 16 Avenue South and trucked out. Mayor Borno • Stated the beach renourishment is 24/7 so there will be sounds from vehicles and other inconveniences at various times, but it is a project that is highly necessary if they want to have a beach, so they will have to put up with discomforts periodically. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:45 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: ,L43 Nancy E. ey Recording Secretary