Loading...
09-26-05 v o CITY OF ATLANTIC BEACH 41110 COMMISSION MEETING SEPTEMBER 26, 2005 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting on September 12,2005. 2. Courtesy of Floor to Visitors A. Presentation of Service Award to Peter Wynkoop for his service on the Code Enforcement Board B. Presentation of Distinguished Service Award to Curt Sanders for his service as Chairman of the Code Enforcement Board 3. Unfinished Business from Previous Meetings A. City Manager's follow-up report 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 Monthly Financial Report, Utility Sales Report, Building Department Report, and Public Safety Report for August 2005 (City Manager) B. Extend the contract for Orthophosphate for one additional year to Calciquest, Inc. at the contract prices (City Manager) C. Approve Change Order No. 3 for the 2005 Beach Avenue Water Main Replacement Project in the amount of$10,929 (City Manager) D. Approve renewal of the City's insurance with Preferred Governmental Insurance Trust (PGIT)effective October 1, 2005 (City Manager) 5. Committee Reports A. Recommendation from the Board Member Review Committee to reappoint members of the Pension Board of Trustees (Commissioner Simmons) 6. Action on Resolutions A. Resolution No. 05-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, EXPRESSING OPPOSITION TO SENATE BILL 1504 41110 KNOWN AS THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504), URGING CONGRESSIONAL REPRESENTATIVES 1 TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP 41111 OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; AND PROVIDING AN EFFECTIVE DATE B. Resolution No. 05-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE CLERKS, CO-CLERKS, ASSISTANT CLERKS, PRETECHS, ACCUVOTES, DEPUTIES AND INSPECTORS FOR THE CITY'S PRIMARY ELECTION TO BE HELD ON OCTOBER 4, 2005, AND GENERAL ELECTION ON OCTOBER 18, 2005, AND SETTING THEIR COMPENSATION C. Resolution No. 05-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE 7. Action on Ordinances A. Ordinance No. 20-05-72,Public Hearing and Final Reading • AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 B. Ordinance No. 5-05-44,Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE ATLANTIC BEACH CODE OF ORDINANCES, ADMINISTRATION, ARTICLE V. BOARDS AND COMMISSIONS, DIVISION 2. CODE ENFORCEMENT BOARD, BY ADDING AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD, AND PROVIDING AN EFFECTIVE DATE C. Ordinance No. 80-05-72, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE AND VOLUME CHARGES FOR RESIDENTIAL, IRRIGATION AND COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES; AND AMENDING SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMER 4110 2 0.5 1 D. Ordinance No.20-05-73, Introduction and First Reading 0 AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 E. Ordinance No. 57-05-22,Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, CREATING A NEW ARTICLE III, SEXUAL OFFENDERS AND SEXUAL PREDATORS, AND PROVIDING AN EFFECTIVE DATE 8. Miscellaneous Business A. Report on Health of Medjool Palms in Town Center (City Manager) 9. City Manager A. City Manager's report 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the 0 testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday, September 23, 2005. • 3 MINUTES REGULAR CITY COMMISSION MEETING September 26, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Meserve, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve minutes of the Regular Commission meeting of September 12, 2005. Motion: To approve minutes of the Regular Commission meeting of September 12, 2005. Moved by Parsons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors A. Presentation of Service Award to Peter Wynkoop for his service on the Code Enforcement Board On behalf of the Commission, Mayor Meserve presented Peter Wynkoop with a plaque of appreciation for his years of service on the Code Enforcement Board from April 2001 to September 2005. The Mayor noted that Mr. Wynkoop is no longer able to serve on the Board due to a schedule conflict with singing in the symphony chorus on the same nights. B. Presentation of Distinguished Service Award to Curt Sanders for his service as Chairman of the Code Enforcement Board September 26, 2005 REGULAR COMMISSION MEETING Paee 2 . On behalf of the Commission, Mayor Meserve presented Curtis Sanders with a plaque of appreciation for his years of service as Chairman and member of the Code Enforcement Board from February 1998 to September 2005. The Mayor noted that Mr. Sanders would continue to serve but is now termed out due to the term limits set by City Code. Mr. Sanders expressed appreciation for the support he has received from the City Manager, Chief Thompson, City Attorney Alan Jensen and other members of the City staff. Alan Potter, 374 2°d Street, indicated that for the past five to six years the City has annually taken $400,000 from the water/sewer revenues in the general funds. He noted that during this time, the City has also increased the water/sewer rates a number of times. He believed that the proposed reduction in millage this year is not consistent with raising the water/sewer rates paid by the residents. He encouraged the City to reduce the amount of money annually taken from the water/sewer revenues and to return the money already taken back to the citizens. Mr. Potter suggested that, rather than reducing the millage rate, the City should leave it the same as last year and reduce the citizens' water/sewer bills instead. Pat Pillmore, 995 Camelia Street, discussed an experience she had and related it to the problems found in the Tideviews Park area. She noted that it took a lot of time and effort to get the situation addressed and resolved. Based on her experience, she advised the Commission that moving people into the neighborhood might not be the best solution and could result in creating more victims in the area. She believed the problem needs to be addressed through better police enforcement. Ms. Pillmore also asked for pedestrian crossing signs, similar to ones in Neptune and Jacksonville Beaches, to be placed at the Mayport and Plaza roads intersection. J.P. Marchioli, 414 Sherry Drive, discussed the Atlantic Beach candidate forum. He noted that there was a good turnout of people but that the audience was never asked for their comments. He commented on the lack of citizens who are given awards from the City. He suggested the need for handicapped accessible parking spaces at City Hall. Mr. Marchioli requested that a sidewalk be installed on the west side of Sherry Drive. He addressed the issue of City money kept on reserve and earning interest and suggested that it be used to credit and reward citizens who install appliances and fixtures that reduce energy and utility consumption in their homes. He commented on the speeding traffic on Sherry Drive. Stephen Kuti, 1132 Linkside Drive, reported an incident that occurred last week involving a solicitor in his neighborhood asking for the last four digits of Mr. Kuti's social security number. Mr. Kuti noted that he called the police, but was informed that the solicitor's company was legitimate. Mr. Kuti asked the City to contact the company involved and direct them not to ask residents for their social security numbers. September 26, 2005 REGULAR COMMISSION MEETING Page 3 Eva M. Sprinkle, 97 Kimberly Court, stated she went to the Atlantic Beach candidate forum and was encouraged to attend this Commission meeting. She asked for an explanation of the need for the proposed tax increase when the City has six million dollars in funds on reserve. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson discussed the issue of JEA's announced electricity rate increase beginning October lst . He indicated how the rate increase will affect the City of Atlantic Beach and noted that the proposed 3% rate increase for water and sewer barely meets the rate covenants. City Manager Hanson announced that the transfer to the general fund for the proposed budget was cut in half this year, as discussed during the Budget workshops. He noted that the JEA rate increase was not included in the City's budget, but will have a major effect on it. He pointed out that the City is not currently recommending another rate increase right now, but will need to monitor and consider the issue in the future. """'" Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report, Utility Sales Report, Building Department Report, and Public Safety Report for August 2005 (City Manager) B. Extend the contract for Orthophosphate for one additional year to Calciquest, Inc. at the contract prices (City Manager) C. Approve Change Order No. 3 for the 2005 Beach Avenue Water Main Replacement Project in the amount of $10,929 (City Manager) D. Approve renewal of the City's insurance with Preferred Governmental Insurance Trust (PGIT) effective October 1, 2005 (City Manager) Motion: To approve Consent Agenda Items A through D as presented. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Recommendation from the Board Member Review Committee to reappoint members of the Pension Board of Trustees (Commissioner Simmons) September 26, 2005 REGULAR COMMISSION MEETING Page 4 Commissioner Simmons reported that the consensus of the Board Member Review Committee was to recommend appointing Richard Downes to fill a vacancy of the unexpired term of Anne Minor on the General Employee Pension Board and to reappoint Richard Downes and Tony Downing for another term each to the Police Employee's Pension Board. Motion: To reappoint Richard Downes and Tonv Downing each to serve on the Police Employee's Pension Board of Trustees for another term and to appoint Richard Downes to serve on the General Employee's Pension Board of Trustees to fill the vacancy of the unexpired term of Anne Minor. Commissioner Waters confirmed that both appointees were civilian members. He then asked if Anne Minor's unexpired term is a full or partial term. Nelson Van Liere explained that Ms. Minor's term is a four year term but since she will be leaving town, Mr. Downes will fill her unexpired term for another two years. Commissioner Waters expressed a preference to have separate members for the two boards but supported this appointment since it would be a partial term for only two years. Moved by Simmons, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Resolutions 6. Action on Resolutions A. Resolution No. 05-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, EXPRESSING OPPOSITION TO SENATE BILL 1504 KNOWN AS THE "BROADBAND INVESTMENT AND CONSUMER CHOICE ACT" (S. 1504), URGING CONGRESSIONAL REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-SPONSORSHIP OF S. 1504 AND TO VOTE IN OPPOSITION TO S. 1504, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO THE FLORIDA CONGRESSIONAL DELEGATION, OTHER MEMBERS OF CONGRESS AS DEEMED APPROPRIATE, AND THE PRESIDENT OF THE UNITED STATES; AND PROVIDING AN EFFECTIVE DATE Mayor Meserve explained that the proposed Senate bill would take away powers of local communities to regulate entities such as cable companies that conduct business in the local right-of-way. He noted that the bill would seriously impact some of the City's revenue sources and the City's ability to manage companies that work in City streets. September 26.2005 REGULAR COMMISSION MEETING Paee 5 Motion: To approve Resolution No. 05-10. Moved by Waters, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Mayor Meserve noted he will prepare the appropriate paperwork and send the resolution to the City's state representatives, senators, and the President. B. Resolution No. 05-11 A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING THE CLERKS, CO-CLERKS, ASSISTANT CLERKS, PRETECHS, ACCUVOTES, DEPUTIES AND INSPECTORS FOR THE CITY'S PRIMARY ELECTION TO BE HELD ON OCTOBER 4, 2005, AND GENERAL ELECTION ON OCTOBER 18, 2005, AND SETTING THEIR COMPENSATION Motion: To approve Resolution No. 05-11. a Moved by Beaver, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Resolution No. 05-09 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILEAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006; STATING THE PERCENTAGE BY WHICH THE MILEAGE TO BE LEVIED EXCEEDS THE ROLLED-BACK RATE; AND, PROVIDING AN EFFECTIVE DATE Mayor Meserve read the resolution by its title and stated that this is the adoption of a millage rate. He noted that, per Florida State law, the City Commission must adhere to a strict process for this item. He announced that the Tentative Millage rate is 2.9974, the Roll-Back Rate is 2.6620, and the Tentative Millage is 12.60°Io higher than the Roll-Back Rate. He stated that the purpose of the increase in the ad valorem tax revenue is to maintain adequate funding for the existing level of service at anticipated increased cost. September 26.2005 REGULAR COMMISSION MEETING Paee 6 Motion: To adopt a Millage Rate for the operating purposes of 2.9974. The Mayor opened the floor for a public hearing and invited comments from the audience. There were no public comments. The Mayor closed the public hearing. City Manager Hanson explained that this action lowers the City's tax rate. He discussed how the City's tax rate and the County's total assessments affect the yearly difference in an individual's revenue received based on tax rates. He acknowledged that property value in general is increasing but that the assessments for homesteaders are capped at 3% per year. He went on to explain that even though the City's tax rate is decreasing, since the City expects to receive more revenue from that rate in the next year, the State considers it a tax increase. Mayor Meserve noted that a major portion of the City's expenses comes out of the operational budget and pays for the people serving the City and its citizens. He indicated that the City is now paying its police officers salaries competitive with the other local beach cities. The Mayor noted that the City is affected by the increased cost of business in general, and specifically by rising costs of fuel, insurance, pension plans, etc. He explained the need for the City to maintain the 25°Io reserve that it currently ~'` has in order to refrain from borrowing money in the event of a major emergency or situation. He indicated that funds for the Five Points Intersection improvements come from the half-cent sales tax and not from property taxes. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-OS-72, Public Hearing and Final Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 Mayor Meserve read Ordinance No. 20-OS-72 and explained that it establishes the operating budget of $23,772,994 for next year. He opened the floor for a public hearing and invited comments from the audience. There were no public comments. The Mayor closed the public hearing. September 26, 2005 REGULAR COMMISSION MEETING Paee 7 Motion: To approve Ordinance No. 20-05-72 on final reading. Moved by Beaver, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED B. Ordinance No. 5-05-44, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE ATLANTIC BEACH CODE OF ORDINANCES, ADMINISTRATION, ARTICLE V. BOARDS AND COMMISSIONS, DIVISION 2. CODE ENFORCEMENT BOARD, BY ADDING AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read the ordinance by title and opened the floor to a public hearing on the item. He explained that this ordinance allows for adding an alternate member to the Code Enforcement Board as an extra person in case a quorum is not present at the meetings. There were no public comments and the Mayor closed the public hearing. Commissioner Simmons expressed her support for the ordinance. Motion: To approve Ordinance No. 5-05-44 on final reading. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED C. Ordinance No. 80-05-72, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22-27 CHARGES FOR WATER SERVICE, TO INCREASE THE WATER BASE AND VOLUME CHARGES FOR RESIDENTIAL, IRRIGATION AND COMMERCIAL CUSTOMERS: AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22-166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES; AND AMENDING SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE Seatember 26, 2005 REGULAR COMMISSION MEETING Paee 8 RATES FOR WASTEWATER VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMER Mayor Meserve read the ordinance by title only and opened the floor to a public hearing. Curtis Sanders, 2320 Barefoot Trace, noted that the St. Johns Water Management District has asked citizens to conserve water usage and now the rates are being increased. J.P. Marchioli, 414 Sherry Drive, commented that the residents have been requested by the St. Johns Water Management District to conserve water and now that they have reduced their water consumption, the City has not been collecting enough money so the rates are being raised. He asked what the amount of the rate increase is and was told that it is a 3% increase. Stephen Kuti,1132 Linkside Drive, did not believe it was appropriate that the citizens save water as requested but now they have an increase in their water/sewer rates. He indicated that the cost in providing water has not increased, so the rates should not be raised. He suggested that if the increase in energy costs affects the cost of operating the sewer facilities, then the City should only increase the sewer rates. Eva M. Sprinkle, 97 Kimberly Court, asked how the Commission determined the 3% rate increase. Mayor Meserve responded that the Commission will address the issues raised by the citizens during their discussion. There were no further public comments. The Mayor closed the public hearing and brought the item back to the Commission for discussion. Mayor Meserve noted that the City needs to meet bond covenants and needs to have earnings in order to cover them. He explained that one-third of the people served by the City's sewer system are not City residents and therefore would not be affected if the City decided to increase taxes instead of increase utility rates. He asked the City Manager to further clarify the issues involved. City Manager Hanson stated that it is inappropriate and illegal to subsidize water and sewer costs by using money from the general funds and it encourages people to waste. He further explained the numerous factors used to determine the 3% increase. He stated that a 3% increase is a normal increase to cover the continued rising costs paid by the City. Commissioner Parsons empathized with the citizens' frustrations from complying with water conservation rules and then having to pay higher !"~ water rates. He stated that the City attempts to keep the water/sewer rates as low as possible and still be able to cover City costs. September 26, 2005 REGULAR COMMISSION MEETING Page 9 Motion: To approve Ordinance No. 80-05-72 on final reading. Moved by Parsons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED D. Ordinance No. 20-05-73, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 Mayor Meserve read the ordinance by title only and explained that this ordinance would raise the operating budget for the Sanitation Fund by $45,000 to cover additional expenses. Commissioner Waters asked for further explanation of the issue. City Manager Hanson explained that the contracted hauler has increased rates due to the monthly fuel surcharge added as a result of rising fuel costs and due to an increase in the number of Atlantic Beach customers served by the contractor. Commissioner Simmons referred the Commissioners to the information they received which breaks down the increased costs in the sanitation services. This document is attached and made part of this public record as Attachment A. Motion: To approve Ordinance No. 20-05-73 on first reading. Moved by Simmons, seconded by Waters Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED E. Ordinance No. 57-05-22, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCE, OFFENSES, CREATING A NEW ARTICLE iii, SEXUAL OFFENDERS AND SEXUAL PREDATORS, AND ,"` PROVIDING AN EFFECTIVE DATE. September 26.2005 REGULAR COMMISSION MEETING Paee 10 .•.. The Mayor explained that, unlike other local cities, Atlantic Beach currently has no laws excluding sexual predators from living in places located near areas frequented by children. Commissioner Waters did not agree with keeping the language in the ordinance which referred to the location of certain adult entertainment venues and asked that the language be withdrawn. City Attorney Alan Jensen advised that the statement should remain in the ordinance in order to establish a basis for the 2500 foot limit. Commissioner Waters asked how many sexual predators live in the City as of this week. Chief David Thompson, Director of Public Safety, responded that, of the two listed on the website, there is one that actually lives within the jurisdiction of the City of Atlantic Beach. He explained the difference in the postal zip code and the actual city limits for Atlantic Beach. Commissioner Waters brought up the difference between sex offenders and sexual predators and Chief Thompson clarified that this ordinance only addresses sexual predators. Commissioner Waters noted that the number of sexual predators is much smaller than the number of sex offenders in Atlantic Beach and believed that the proposed ordinance is not comprehensive enough in its nature. Discussion ensued regarding regulations pertaining to sexual predators and offenders being required to notify and register with their local governmental agencies. Motion: To approve Ordinance No. 57-05-22 on first reading. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Report on Health of Medjool Palms in Town Center (City Manager) Rick Carper, Director of Public Works, presented pictures of the palms affected by the Ganoderma fungus. He indicated that this situation was brought to the City's attention at the request of Commissioner Simmons. Mr. Carper explained the fungus and its indicators present on the palm trees. He discussed how the fungus is spread, how it is treated and how it affects the palm trees. He reported that the City had met with Duval County Extension Agent Pam Mattis and reviewed the information presented in her report. Mr. Carper noted that the City spoke with Early Piety, the City !~ arborist, who did not see a problem with replanting another palm as long as the necessary precautions are taken. The Commission proceeded to discuss the options and conditions for replacing the affected palms. September 26, 2005 REGULAR COMMISSION MEETING Pase 11 .. Commissioner Simmons asked that the Commission take into consideration the affect of salt-air in that location and noted that magnolia trees are not appropriate for that specific location. She suggested that the City review a new book that has been published since the hurricanes of last year and look at which plants did well during the storms in Florida. She highly recommended that the City either purchase or borrow a copy of the book. Further discussion ensued regarding the condition of the soil in the affected locations, what to plant in place of the palms, the appropriate time to replant the trees, and the costs involved with replacing the palms. Commissioner Beaver supported taking the extra precautions needed in order to replace the trees with the same type of palms. Commissioner Waters expressed concern with the cost of investing in continuously replacing the palm trees but supported maintaining the current look of the palms in Town Center area. Mayor Meserve announced that the consensus of the Commission is to replace the palms. He recommended that the City begin negotiations with Neptune Beach to share the cost of replacing one of the palms that is located on that side of Town Center. Mr. Carper addressed the issue of the date palms that are not flourishing. He reported that Agent Mattis recommended cutting the fruit on those trees '' early next year so that the trees can use the extra energy to renourish themselves. City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson summarized his written report, which is attached and made part of this official record as Attachment B. Annual Employee Picnic Announced that the City's annual Employee Picnic will be held on Monday, October 10 in Russell Park and that service awards will be presented starting at 1:00 p.m. He invited the Mayor and the Commissioners to attend. Scheduled Public Meetings Reported that the initial public meeting on the Mayport Road Median Design will be held on Wednesday, October 5, at 5:00 p.m. in the Commission Chambers. He noted that this meeting is an opportunity to address and gather public comments regarding access management issues of the project, such as the location of the median openings and the affects on driveways in the area. Commissioner Parsons expressed concern with the '' short notice given for the meeting and asked if more meetings on the issue will be scheduled. City Manager Hanson responded that there will be subsequent public meetings. Seutember 26.2005 REGULAR COMMISSION MEETING Page 12 •• Announced that a public meeting regarding the proposed West 1St Street property rezoning and replatting plans has been set for Saturday, October 8 at 9:00 a.m. at Tideviews Park. He invited the Mayor and Commissioners to attend. City Election Results City Manager reported that the next meeting of the City Commission will be on Tuesday, October 4th to certify the City election results. It will take place at City Hall, rather than at the Adele Grage Community Center, in order to provide better parking and allow the citizens to receive the results in the Chambers after the votes are tabulated in the Conference Room. Disaster Recovery Assistance for Hurricane Katrina• Asked Donna Kaluzniak, Director of Public Utilities, to report on her experience in Mississippi helping some of the cities that were devastated by Hurricane Katrina. Ms. Kaluzniak gave a presentation on her involvement with assisting to restart water and wastewater plants that were flooded by the storm surge in Mississippi. She discussed the work performed, the agencies who helped, the goals accomplished, and the lessons learned during the experience. Mayor Meserve thanked Ms. Kaluzniak for her work and presentation and noted that the EOC will have a meeting on Thursday at 3:30 p.m. He indicated that he plans to stress the need to effectively facilitate and maintain operation communications during hurricanes and the need for transportation plans and prepositioning fuel trucks along the highway in times of evacuation. He asked Ms. Kaluzniak and Chief Thompson to provide their technical knowledge and input for him to take to the meeting. Commissioner Simmons commented that there is still a need for traffic ingress into the City during evacuations to allow for the transportation of supplies and emergency vehicles. Discussion ensued regarding transportation problems involved with evacuations. Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney City Clerk • Announced that the Duval County Supervisor of Elections will be at City Hall tomorrow at 10:00 a.m. for the official Logic and Accuracy test of the Diebold election system. Commissioner Beaver • Reminded everyone of the public meeting on October 8 regarding the Tideviews Park area. He encouraged the community to attend. Mayor Meserve stated he would be there to lead the meeting. September 26, 2005 REGULAR COMMISSION MEETING Paee 13 ~'"' Commissioner Waters • Stated he had received a request from a citizen to place a commemorative plaque for Brad Talley, the artist of the sculpture at the Public Safety building, who died just recently. • Clarified that Curtis Sanders' original intent for requesting alternate members for the Code Enforcement Board was that they receive two years of training before serving on the board. Commissioner Waters apologized for misunderstanding his suggestion. Mayor Meserve • Asked the Commission to individually meet with Jim Hanson for his annual review before the second meeting in October. The Mayor noted that the City Manager's annual review, as called for in his contract, will be brought up for discussion and appropriate action at the October 24th Commission meeting. He mentioned that the Commission will also have an item on the next meeting regarding the City Clerk, who is the other person who works directly for the Commission. Adjournment There being no further discussio~,ltl~e M; yor declared the meeting adjourned at 9:00 p.m. ~, AT ST: ('iYl/KQ Donna L. Bussey City Clerk MayorlPresiding Officer ATTACHMENT A SEPTEMBER 26, 2005 COMMISSION MTG O ~. !"F ~ ~ ~ ~ n O ~ ~ ~ N ~. ~ ~ ~ ~ ~ ~ o ~ n _ ~. ~ ~ ~ ~ ~ O ~- ~ ~ n ~ ~~ O ~ C'1 ~ ~~ y n `_". ~ ~ O -^ ,p ~ C? ~ ~ ~ ~ w ~ ~'D ~ D ~ ~ ~ ~ ~ ~ .. {~ ~ W ~ (~ N C~1 ~ _. ~ ~ ~ O W ~ ~ V ^ (/~ ~ 0 w ~ ~' ~`~ ~. ~rvw,~-~ c~ © o D ~ ~ '~' ~} th + ~ ~ a ~~ O Q ~ ~~ ~~. o~ ~~ C;,~ ~ ~ ~~ ~~ ~t + o w ~ N ~ p O ~ ~t ^ v ~ ~ ~~ ~ c ~ _. o _• ~. .~' ~ ~ ~ ~ ~--F- _, ~ _ . n ~' ~ t~ y ~ ~ r n ~. ~ o ~, ~ o ~ 3 ~: .p C7 _ ~ ~ a~ ~ o ~ -z ~' CD ATTACHMENT B SEPTEMBER 26, 2005 COMMISSION MTG fir'' September 19, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hanson ~' SUBJECT: City Manage s Report Annual Emaloyee Picnic; The Annual Employee Picnic will be held on Monday, October 10~' in Russell Park. Lunch will be served and service awards will be distributed beginning at 1:00 pm. The Mayor and Commissioners are invited to attend. Disaster Recovery Assistance for Hurricane Katrina; Donna Kaluzniak, Utilities Director for Atlantic Beach, recently returned from helping several small cities in Mississippi to restart their water and wastewater plants after they were flooded by the storm surge during Hurricane Katrina. She will make a brief presentation of her activities, what she found and what lessons can be learned for Atlantic Beach's hurricane plan.