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3-9-15 MINUTES REGULAR CITY COMMISSION MEETING March 9, 2015 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Carolyn Woods City Manager Nelson Van Liere Mayor Pro Tern Mark Beckenbach City Attorney Richard Komando Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Jimmy Hill Recording Secretary Nancy E. Bailey Commissioner Maria Mark Call to Order/Pledge: Mayor Woods called the meeting to order at 6:30 p.m. Commissioner Beckenbach gave the Invocation, followed by the Pledge of Allegiance to the Flag. Item 2 was taken out of sequence and acted on at this time. Mayor Woods introduced Mayor Alvin Brown, Director of Public Works Jim Robinson, Councilmember Bill Gulliford,Aleizha Batson, Loree French, and Cleveland Ferguson from City of Jacksonville. 2. Courtesy of Floor to Visitors A. Signing of Release of Settlement Agreement between the City of Jacksonville and the City of Atlantic Beach with City of Jacksonville Mayor Alvin Brown. Mayor Woods explained the people from Jacksonville were here tonight for us to have a formal signing of our Interlocal Agreement settling our tipping fee disagreement we have been working on for a few years. She stated everyone here has been instrumental in getting this topic through. She stated our City Manager, Nelson Van Liere, and our City Attorney, Rich Komando, have also been very helpful and instrumental. She turned the meeting over to Mayor Alvin Brown who addressed the Commission. He stated they are pleased to sign an agreement tonight between our two cities on the issue of tipping fees for solid waste disposal at Trail Ridge Landfill. He stated these fees have been a point of contention since 2011 when Jacksonville decided they would no longer use property taxes to fund the land fill operation. He stated instead Jacksonville residents now pay a uniform solid waste collection fee to cover these costs. He stated, according to the terms of the 1995 Interlocal Agreement between our two cities, Atlantic Beach agreed that it would pay for disposable charges at the landfill for its solid waste if Jacksonville converted into a uniform solid waste fee. He stated, unfortunately, there have been differences of opinion about how to interpret this requirement but we have now resolved this difference with a settlement that satisfied both sides and addressed both past and future payments. He stated for tipping fees owed from October 1, 2011 to May 31, 2014, Atlantic Beach will pay a total of$322,000. He stated starting June 1, 2014 and going forward Atlantic Beach agrees to pay the standard tipping fee for their residential and commercial haulers that use Jacksonville's Trail Ridge Landfill. He stated this settlement will not raise any taxes or fees for Jacksonville residents and it is his understanding that it will not result in any increased taxes or fees for Atlantic Beach residents. He stated they have achieved this settlement in the spirit of partnership. He stated this agreement now brings clarity, certainty and closure to the issue. Mayor Brown and Mayor Woods signed the agreement. Mayor Brown also welcomed Karen Bowling who was in the audience. Mayor Woods opened the Courtesy of the Floor to Visitors. She welcomed the audience and explained the process for public comments. March 9,2015 REGULAR COMMISSION MEETING Pane 2 Councilmember Bill Gulliford recognized Nelson Van Liere, stating he did a great job on this and should be complimented and stated Karen Bowling also did an incredible job. Theresa Flores, 233 Belvedere St., addressed the Seminole Road project suggesting they only rip up the sidewalk, replace the pipes, and put in the curbs like those used at Beach Ave. She also stated a wheelchair cannot get over a 4"crosswalk. Mayor Woods assured her that everything the City does is ADA compliant. Bob Liggero, 389 12th Street, with Atlantic Beach Canopy Group, stated he wanted to pledge his support for what they are doing in trying to protect the canopy. He asked that the City take into account their recommendations. Jeff Montanye, 334 11th Street, addressed the tree canopy stating they need to have the protected trees treated uniformly no matter where they are or the relationship they have with construction projects and they need to make the mitigation fees much tougher. He also asked that they consider expanding the membership of the Community Development Board. Mike Whalen, 1420 Mayport Rd., stated the tree ordinance is not strong enough. He also stated the Mayport Corridor small businesses would like to see more landscaping put in. He believes they should hire an arborist at least part-time when they get this going. Sarge, 1249 Mayport Rd./685 Amberjack Lane, believes they could have more beautification along Mayport Road, but he believes the future of that area looks good. He stated the parks look good and hopes they continue to finance the parks and make them look good going into the future. He stated he is concerned about diversity in City leadership and within the next 5 years he will be coming back making a presence in the neighborhood to try to do something about the diversity in the area. Chris Jorgensen, 92 W. 3rd St., has attended the Community Development Board meetings and stated he has been told that there are limitations that Commissioners and others can make in conversation. He stated at the last meeting when he questioned whether Commissioner Mark could speak, Mayor Woods stated he was questioning her motivation, which he wasn't at all. He stated he was questioning whether it was an ethics violation. He also stated he is opposed to the tree ordinance and is concerned that the City is gaining more rights and control over private property through a tree ordinance. He stated it is nice to see his street is being repaved. Lavenia Harvey-Kubiak, 275 5th Street, stated she is a tree hugger and we have to maintain and be able to continue to be a desired and beautiful community. She stated as a citizen she is counting on the Commission to represent the private property owner in their favor; we don't need to lose another tree. She asked that they make it really tough to cut a tree down. Stephen Fouraker,387 6th St., stated property values are dependent on the trees. It is time to tighten the tree ordinance up again to preserve our trees. He stated he would like to have a Tree Board. Donna Zimmerman, 1736 Ocean Grove Dr., stated she is in support of a stronger tree ordinance. She related a personal experience with trees being cut down near her home. John November, 647 Beach Avenue, asked the members of Atlantic Beach Canopy to stand up and be recognized. He invited everyone to their meetings, stating they are held the first Tuesday in the month. He stated the Community Development Board did a great job making the recommendations to allow the March 9,2015 REGULAR COMMISSION MEETING Pane 3 Commission to move forward with the tree ordinance quickly. He gave several suggestions for the tree ordinance from the Atlantic Beach Canopy group. Ted Stein,311 9th Street, stated if we lose our trees we lose our identity. No one else from the audience spoke, so Mayor Woods closed the Courtesy of the Floor to Visitors. 1. Approval of Minutes A. Approve the minutes of the Commission Meeting of February 23, 2015. B. Approve the minutes of the Commission Workshop of February 23, 2015. Mayor Woods asked if there were any corrections to the above minutes. There were no corrections, so Mayor Woods stated the minutes will stand as submitted. 2. Courtesy of Floor to Visitors This item was taken out of sequence and acted on earlier in the meeting. 3. Unfinished Business from Previous Meetings A. Saltair Drainage and Sidewalk Improvements Public Works Director Doug Layton summarized his staff report stating the recommendation was to award to the low bidder. Motion: Approve the award of the subject project at the budget amount of $380,000 including $4,459.50 in contingency. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach, Daugherty, Hill,Mark,Woods Nay: 0 MOTION CARRIED B. Bull Park Playground Equipment Mr. Layton summarized his staff report, stating it is basically a playground for smaller children. Motion: Approve the purchase from Playmore Recreational Products to furnish and install a new playground set in Bull Park in the amount of$73,360.10 as shown on the attached sketch, piggy-backing off Palm Beach County's contract#10072. Moved by Mark, Seconded by Beckenbach Mr. Layton answered questions from the Commission. Discussion ensued. Votes: Aye: 5—Beckenbach, Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED March 9,2015 REGULAR COMMISSION MEETING Pane 4 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. Authorize the City Manager to sign the St. Johns River Water Management District Cost-Share Funding Program Application form for the Phosphorus Removal Project. B. Approve the award of the recommended portion of Phase 1 of Francis Street Improvements in the amount of$94,199.36 as recommended, and authorizing the City Manager to execute the Construction Contract and authorize the City Manager to execute a change order for Phase 2 and the remainder of Phase 1 of the project when 100% reimbursement is authorized by Duval County CDBG Grant program. Mayor Woods read the Consent Agenda. Motion: Approve Consent Agenda Items A & B as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 5. Committee Reports A. Appointment to the Board Member Review Committee. Mayor Woods stated she met with all the applicants and it is her recommendation to reappoint Solomon Brotman. Motion: Approve Mayor Woods' Recommendation to Reappoint Solomon Brotman for a second term on the Board Member Review Committee. Moved by Mark, Seconded by Daugherty Commissioner Hill agreed with her recommendation, stating Mr. Brotman did a fantastic job at the meetings and was glad she chose to keep him on board. Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED March 9,2015 REGULAR COMMISSION MEETING Pane 5 Commissioner Beckenbach asked if there were any other opening on any of the other boards or committees the other applicants may be interested in. Mayor Woods stated she spoke with each of them about that and they all are committed to being involved in the City and they will be in contact with the City Clerk about the committees they are interested in. B. Actuarial Valuation Report for Police Officers' Retirement System. City Manager Van Liere summarized the Police Officers' report on behalf of the Pension Board, stating the City will have to pay into the Pension Plan $729,483 in 2016, an increase of$160,00 from last year, which will come 100% from the General Fund. He stated $131,000 of the increase is due to change of assumptions being lowered from 8%to 7%. Discussion ensued. Mr. Van Liere answered questions from the Commission. C. Actuarial Valuation Report for General Employees' Retirement System. City Manager Van Liere summarized the General Employees' report, stating the City will have to fund $1,112,000, an increase of $248,000. He stated the employee contributions are going down by $20,000 because they closed they plan, so every time somebody leaves the City their replacement is not contributing into this plan. He explained the percentage of covered payroll is going to go up as there is less employees' payroll going into the calculation and the contribution from employees will go down, making the City have to pay more in the short term for that reason. Mr. Van Liere answered questions from the Commission. 6. Action on Resolutions None. 7. Action on Ordinances A. Ordinance No.20-15-130,Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, AND PROVIDING AN EFFECTIVE DATE. Mayor Woods read the Ordinance by title. She opened the Public Hearing. No one from the audience spoke so she closed the Public Hearing. Mr. Van Liere explained the Ordinance. Motion: Approve Ordinance No. 20-15-130 as read. Moved by Daugherty, Seconded by Beckenbach Votes: Aye: 5—Beckenbach,Daugherty,Hill,Mark,Woods Nay: 0 MOTION CARRIED 8. Miscellaneous Business (Discussion only) Mr. Layton explained tonight was Donna Kaluzniak's last meeting and, although she had already left, he wanted to express how much he appreciated her. Mayor Woods stated she has done a wonderful job throughout the years and we will miss her. March 9,2015 REGULAR COMMISSION MEETING Pane 6 A. Marsh Preserve Improvements Phase I. Mr. Layton summarized his staff report, explaining the bids came in over bid. He stated, therefore, he is proposing they build the kayak launch at the north end of Dutton Island, extend 6th Street out as proposed and delete the boardwalk and overlook off of Dutton Island Road at the bridge which will bring the cost down to $303,000; the budget is $300,000. He stated he had a line item for some parking at Howell Park that is not urgent so they would like to use $3,000 out of that to fund the last $3,000, which will give them $7,000 contingency for the project. Mayor Woods pointed out that she commented to Mr. Flores that everything the City does is ADA compliant and asked if Mr. Layton could back her up on that. Mr. Layton stated yes. Discussion ensued. Mr. Layton answered questions from the Commission. It was the consensus of the Commission to move this item forward for action on the next agenda. B. Interlocal Service Boundary Agreement between the City of Atlantic Beach and the City of Jacksonville. City Attorney Komando explained this is the proposed Interlocal Services Boundary Agreement for the Atlantic Beach Country Club area which incorporates the current agreements we have and is a pathway to annexation when one individual or developer owns all of the property. He stated Jacksonville will be putting this on their agenda as well. Discussion ensued. Mr. Komando answered questions from the Commission. Mr. Komando explained the process going forward. Further discussion ensued. It was the consensus of the Commission to move this item forward for action on the next agenda. C. Tree Code Revisions. Building and Development Director Jeremy Hubsch gave a slide presentation (which is attached and made part of this Official Record as Attachment A) on the Atlantic Beach Tree Code including the Community Development Board recommendations. Mr. Hubsch answered questions from the Commission. Discussion ensued. It was the consensus of the Commission to go with the Community Development Board's Recommendations #1; #2; and #3, but rather than $175, have staff come up with market value and staff to adjust every 2 years; and the Incomplete Recommendation #1, but use ratio 1:2 to 1:1 for live oaks and coastal oaks only. Mr. Hubsch stated they will discuss this more at the Community Development Board's meeting on Tuesday and, due to noticing guidelines, he will not bring the Ordinance back until the meeting on April 13 but they can discuss the issue further at the next meeting. Further discussion ensued. It was the consensus of the Commission to bring this item back for further discussion on the next agenda. 9. City Manager A. City Manager's Report. • 90-Day Calendar(March - May 2015) Mr. Van Liere stated they added two Workshop dates to discuss Charter amendments on March 25 and April 13. Reported he is now an Atlantic Beach resident. 10. Reports and/or requests from City Commissioners and City Attorney March 9,2015 REGULAR COMMISSION MEETING Pane 7 Commissioner Daugherty • Wants to have a resolution honoring Donna Kaluzniak at next meeting. Commissioner Mark • Explained the reason she wanted to speak at the Community Development Board meeting was to publicly thank John November and his Atlantic Beach Canopy group for their hard work and to let the Community Development Board know that this is a priority of the Commission and they would welcome their recommendations. Commissioner Hill • Reported on the Board Member Review Committee's actions in selecting members to the Community Development Board and asked to add 2 seats to the Community Development Board. Mr. Komando stated that would have to be done by ordinance. It was the consensus of the Commission to have the City Attorney draft an ordinance. • Thanked the Atlantic Beach Canopy group for their efforts. • Stated for the record, going this far into a property owner's rights isn't something he takes lightly and believes it is a really big step for a government to be delving into somebody's yard and landscaping choices, etc., but he believes it is a critical element to this city. He stated when you have the situation we have in Atlantic Beach where people's choices are affecting their neighbor's quality of life, we have to step in. Commissioner Beckenbach • Wants to have the visioning discussion on the next meeting. • Wants a checklist for the Community Development Board as to why they voted a particular way for a variance. City Attorney Komando • Stated tomorrow the City of Jacksonville will introduce Bill 2015-186, which is their companion to the Annexation Bill. Mayor Woods • Stated there should be a greater protection buffer between properties of different zoning. She is not sure the buffers between businesses and residential are strong enough. Adjournment There being no further business to come before the Commission, Mayor Woods declared the meeting adjourned at 9:30 p.m. ATTE T: Carolyn Woods �� Mayor/Presiding Officer Y g Donna L. Bartle, CMC City Clerk