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10-10-11 v MINUTES REGULAR CITY COMMISSION MEETING October 10, 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 City Clerk Donna L. Bartle Commissioner Paul Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher 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 September 26, 2011 and the Special Called (Shade) Meeting of October 3, 2011. Motion: Approve the minutes of the Regular Commission Meeting of September 26, 2011 and the Special Called (Shade) Meeting of October 3, 2011, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 — Borno, Fletcher, Daugherty, 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. Mike Whalen, 1420 Mayport Road, presented the Commission with a Call to Action for Mayport Road, stating he is a board member for the Jacksonville Area Ship Repair Association. He stated Mayport Road and Mayport Base are dying and explained this is due to the decline of ships coming to Mayport. He asked for the Commission's help to get more surface ships ported at Mayport. Mayor Borno asked him for a list of the Armed Forces Service Committee members. Mr. Whalen stated he would give that to the Mayor. Mr. Whalen stated their help contacting any of their government counterparts would help; they need to make some noise, if they believe Mayport Naval Station is important to us. Commissioner Fletcher stated it is important and suggested Mr. Whalen formulate a list of a few key people we can contact and state what we should ask for. Mr. Whalen stated they are asking for surface ships as outlined in the Call to Action. Commissioner Parsons agreed it is very important we do something about this. John November, 647 Beach Avenue, addressed the Commission regarding adding modular, removable seating at the end of the new pier at Tideviews. He stated this seating would not have to come from City revenue; it could come from fundraising, or from people wanting to donate seating to have their name on the boardwalk. He showed a slide of the pier, pointing out where seating could be placed. He added he October 10, 2011 REGULAR COMMISSION MEETING Page 2 would personally pledge to raise money for a swinging bench. He stated installing a cigarette butt holder on the pier as soon as possible is very important, and also suggested an overlook, which he gave pictures of to the Mayor. He further stated having a cover on the swinging bench and under the gazebo area at the base of the pier would also be important. Mayor Borno stated staff would bring all of his recommendations back to the Commission with their cost factors. Commissioner Daugherty agreed that, ecologically, a cigarette butt holder is a good thing to install as well as a container to hold cut fishing line. City Manager Jim Hanson stated he received an email, which was distributed to the Commission, from Commissioner -elect Maria Mark, who was unable to attend tonight's meeting, regarding her support for the approval of Item 8B. 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. A. Acknowledge receipt of the Recreation Report for August 2011, the Public Works and Utility Departments Project Status Report as of September 30, 2011 and the List of New Business Tax Receipts issued in September 2011. B. Declare the list of property as surplus. C. Authorize the City Manager to sign the contracts with ABAA, ABET, yoga instructor Linda White and tennis professional Brecht Catalan. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Fletcher, Seconded by Daugherty. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED October 10, 2011 REGULAR COMMISSION MEETING Page 3 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. RESOLUTION NO. 11 -26 A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW MAINTENANCE AGREEMENT BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 11 -26 by title. Motion: Approve Resolution No. 11 -26. Moved by Fletcher, Seconded by Parsons Rick Carper stated this is a routine resolution that comes up every year as we have to renew our contract with the DOT for maintenance of selected portions of the DOT right -of -way in our City and is consistent with what we have in the budget. Mr. Carper answered questions from the Commission. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED 7. Action on Ordinances A. ORDINANCE NO. 80-11-81, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA INCREASING THE MONTHLY STORM WATER UTILITY FEE BY AMENDING CHAPTER 22 UTILITIES, ARTICLE IV, STORM WATER MANAGEMENT, DIVISION 2 RATES AND CHARGES, SECTION 22 -335 FEES; PROVIDING FOR INTENT; PROVIDING FOR THE ADOPTION OF A NEW RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -11 -81 by title. Motion: Approve Ordinance No. 80- 11 -81. Moved by Parsons, Seconded by Fletcher Mayor Borno opened the Public Hearing. He explained this Ordinance is for the increase in stormwater fees from $5 /residential unit to $6.89 per month. Mike Whalen, 1420 Mayport Road, asked if this was a result of declining revenues in from water. Mayor Borno stated the stormwater fee does not fund what it takes to maintain the stormwater drainage system and it has been supplemented by the gas tax. He stated it was decided they needed to get it to stand more on its own and are working toward that so the gas tax money can come back for more maintenance on the streets. October 10, 2011 REGULAR COMMISSION MEETING Page 4 No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 4 — Borno, Fletcher, Daugherty, Parsons Nay: 1— Woods MOTION CARRIED B. ORDINANCE NO. 60-11-16, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, SIGNS AND ADVERTISING STRUCTURES, ARTICLE IV, NONCONFORMING SIGNS AND WAIVER TO CERTAIN PROVISIONS, SEC. 17 -51 NONCONFORMING SIGNS, TO ALLOW UNTIL JANUARY 1, 2015, FOR NONCONFORMING SIGNS TO COME INTO COMPLIANCE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 60 -11 -16 by title. Motion: Approve Ordinance No. 60- 11 -16. Moved by Parsons, Seconded by Fletcher Mayor Borno opened the Public Hearing. Mike Whalen, 1420 Mayport Road, thanked the Commission for this Ordinance. He stated to come into compliance with his sign it would be $12,500. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Daugherty stated he hopes when the new Commission is seated they can discuss revisiting the sign ordinance and changing it permanently. He stated he believes they need to look at a more permanent solution to this. Mayor Borno stated they may need to have a workshop to look at this. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED C. ORDINANCE NO. 25-11-42, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, FLOOD HAZARD AREAS, RELATING TO FLOOD DAMAGE PREVENTION, IN ORDER TO ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS AND POLICIES SET FORTH IN THE STATE OF FLORIDA MODEL FLOOD DAMAGE PREVENTION ORDINANCE; PROVIDING FOR STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE, AND OBJECTIVES; PROVIDING FOR DEFINITIONS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR PROVISIONS FOR FLOOD HAZARD REDUCTION; PROVIDING FOR VARIANCE PROCEDURES; PROVIDING FOR October 10, 2011 REGULAR COMMISSION MEETING Page 5 CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 25 -11 -42 by title. Motion: Approve Ordinance No. 25- 11 -42. Moved by Fletcher, Seconded by Parsons Mayor Borno opened the Public Hearing. Mike Whalen, 1420 Mayport Road, stated there is a retention pond in the back of his building that floods his building when it rains and asked if this ordinance will help with that. Mr. Hanson stated no, but he should contact Rick Carper about whose pond it is and talk about solutions. Mr. Carper stated the pond belongs to the gas station. Commissioner Parsons stated it is important for people to find out where they are in the flood plain and they can go to Jacksonville's website (coj.net) to do this. Mr. Hanson stated we also have a link on our website. Mayor Borno stated people also can contact Mike Griffin at City Hall and he can tell them if they have a change. Commissioner Fletcher clarified this is bringing our ordinance into compliance with the State of Florida model flood damage prevention ordinance. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Cost to install crosswalks. Mr. Hanson stated staff was asked to prepare a report on the cost of the various options to install pedestrian crosswalks at a number of places where our ped paths cross City streets and don't have them presently. He stated the Public Works Director has prepared an estimate for each of those. Public Works Director Rick Carper showed several slides of various examples of crosswalks, stating he prepared cost estimates for the various types of crosswalks. He explained the life expectancy and cost of each. He stated there are no funds in this year's budget for decorative crosswalks but staff could begin painting crosswalks. Discussion ensued. Commissioner Fletcher pointed out that sometimes decorative crosswalks give pedestrians/bicyclists an illusion that cars will stop and they don't and neither do the pedestrians. He stated he believes there is a public safety issue that is probably more October 10, 2011 REGULAR COMMISSION MEETING Page 6 important right now than whether we want to spend the money for these. Mr. Hanson stated the illusion is created in State law, pointing out that motorists are required under State law to stop for pedestrians at a marked pedestrian crosswalk but most motorists don't know the law exists. Commissioner Daugherty showed slides of photos he had taken previously, stating the reason he brought this up was that he was almost hit by a car. Chief Mike Classey stated it would make sense to have markings at intersections like this. Commissioner Woods stated she believes decorative crosswalks fall more into strategic planning but she agreed thermoplastic is more reasonable. She also discussed the Mayo Clinic crosswalks that have lights that flash when a pedestrian is in the crosswalk. Assistant City Manager David Thompson stated they have these also at UNF coupled with signs telling motorists to yield to pedestrians. He stated they looked at the pricing to do that type of crosswalk and they are fairly expensive at around $16,000 /crosswalk for just the basics. Motion: Stripe the fourteen (14) crosswalks with the thermoplastic materials at an estimated cost of $2,468. Moved by Woods, Seconded by Daugherty Commissioner Parsons stated they had previously looked into this and the slightly raised crosswalks that get the motorists' attention are best. Discussion ensued. Commissioner Daugherty stated, due to the curve in the road, high traffic and speed of the vehicles, he would like to see the stamped concrete installed at the crossing on Orchid Street. Mr. Carper stated they should also put advance warning signs that a crosswalk is ahead. Motion: Amend to use stamped concrete crosswalk at Orchid Street at a cost of $8,448 and direct Rick Carper to include this in his proposal for use of gas tax funds. Moved by Daugherty Discussion ensued about whether to use stamped asphalt or stamped concrete. Mayor Borno stated rather than trying to decide which to use they should strike Orchid off the list and do the other 13 in thermoplastic, to give time for Mr. Carper to research the cost. Commissioner Daugherty withdrew his motion. Mr. Carper recommended doing all 14 in thermoplastic and then study what to do for Orchid as a long -term solution. Commissioner Woods stated she recommended starting with Orchid, since Commissioner Daugherty was concerned about that crosswalk, to see if it helps and they notice a difference. October 10, 2011 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED B. Restructuring to continue responsibilities of Redevelopment Coordinator. Mr. Hanson summarized the staff report and recommended reconfiguring the Planning and Zoning administrator position to add the responsibilities for economic redevelopment and put the position under the Building Official and secondly, transferring the half position that is in the Administrative division to the Police Department so it can be added to the other half position in the Police Department to create a second COPs officer /officer on the street position. He reiterated he is proposing no change in the number of authorized position in the City budget and no changes in the budget, but is proposing a restructure of one position to be realigned to better use our resources and to transfer a half position to the Police Department so we can utilize that also. Commissioner Fletcher stated they have accomplished a lot of what they wanted to do in 2008 and asked if they are losing any of that in this transition. He stated ongoing crime suppression is necessary. Chief Classey stated they are not reducing that. Commissioner Fletcher asked how would the economic redevelopment position differ from what was in Dale Hatfield's job description. Assistant City Manager Thompson stated Mr. Hatfield's primary focus was on public safety and what they are now looking at is more of a transition to economic development where they are focused more on zoning and a business and economic development perspective. Commissioner Parsons stated he believes this is a good management decision. He also complimented Dale Hatfield for doing a superb job in this position. Mr. Thompson agreed, stating it has been a joint effort. Mayor Borno also agreed it has been a joint effort and it is now time to readjust our focus to still maintain what we are doing. Motion: Authorize staff to restructure positions to replace the Community Development Director position, to reflect the changes noted above, and to authorize staff to recruit and hire a qualified person for the new position and authorize the modification of the 2011 -12 budget shifting funding from the City Manager's budget for the Community Redevelopment Coordinator position to the Police Department where it will be used with the remaining JAG funding to pay for a second COPs position on a part -time basis. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Fletcher, Daugherty, Parsons, Woods Nay: 0 MOTION CARRIED October 10, 2011 REGULAR COMMISSION MEETING Pace 8 City Manager 9. City Manager A. City Manager's Report. City Manager Jim Hanson stated, at the last meeting, staff was asked to report on the Town Center Maintenance and the Maintenance Agreement history for the Atlantic Blvd. Medians. He stated they were not completed in time for this agenda but will be on the next agenda. Mr. Hanson reported they received the final tax digest from the property appraiser stating the total dropped from $1.25 billion to $1.24 billion which nets out as a decrease of $33- 34,000 in tax revenues which we can expect to be under budget by this year. He stated he would not amend the budget yet, but wanted to report it. Mr. Hanson also stated they have reported in the past on emergency sewer line repairs where the problem with the old iron lines is that they rust out on the top and asked Director of Utilities Donna Kaluzniak to show a short video taken by her contractor of some rotted sewer lines. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Parsons • Reported on article in the October newsletter regarding the limit of 5 cubic yards of yard trash, stating he has met with the hauler and they have agreed, with advanced notice, they will pick it up. Mayor Borno asked if the hauler will not stick with the 5 cubic yards during this northeaster. Mr. Carper stated they will not pick up more than 5 cubic yards but will return tomorrow to pick up more trash. Commissioner Woods • Stated as she goes back and forth over the bridge she has seen a lot of people out using the pier and it seems to be a welcome addition to the City. Mayor Borno stated with the amount of people using the pier and the suggestion tonight of putting in a cigarette butt container, he believes maybe it should be a no smoking area. He stated all they need is one mistake and, in certain conditions, we could have a major fire out there. Mayor Borno • Noticed we are missing a lot of the blue tiles on the fire hydrants. • Took Dale Hatfield to breakfast to personally thank him for all of his efforts for the City, stating Mr. Hatfield is glad to return as a detective. • Answering Commissioner Daugherty's request for an update on the tippage fees, he reported that Neptune Beach has joined in with Atlantic Beach to write a joint letter and to share costs and that is being worked on. He stated updates will follow. October 10, 2011 REGULAR COMMISSION MEETING Page 9 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:19 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: 4 04W/eV Clrh At& Donna L. Bartle, CMC City Clerk