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11-14-05 v CITY OF ATLANTIC BEACH COMMISSION MEETING NOVEMBER 14, 2005 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting on November 1, 2005. 2. Courtesy of Floor to Visitors 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 11111 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 Public Safety and Code Enforcement Report for September 2005, Building Department Report, Utility Sales Report, Public Works and Utility Department Report and New Occupational Licenses Report for October 2005 (City Manager) B. Authorize the Mayor to sign the "Certification of Acceptance of Subgrant Award" and subsequent paperwork associated with the Office of Domestic Preparedness Grant (City Manager) C. Extend the Landscape Maintenance Contract for Utilities and Public Works with A Native Sun Landscaping for an additional year at the current prices (Bid No. 0304-5) (City Manager) D. Kestner Road and Dutton Island Road Sewer Extensions—Infrastructure for City Ownership and Maintenance (City Manager) 5. Committee Reports 6. Action on Resolutions 1 7. Action on Ordinances 111 8. Miscellaneous Business A. Approve designated streets for the Tree Planting Program (City Manager) B. Police/Cameras in Public Parks (City Manager) C. Park Rules and Safety (City Manager) D. Request for a Waiver from Land Development Regulations Requirement for On- Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) E. First Vehicle Services Non-Contract Labor Rate (City Manager) F. Hurricane Debris Removal (Vegetative Waste) (Bid No. 0405-15) &Hurricane Debris Removal (Construction &Demolition/Mixed) (Bid No. 0405-28) (City Manager) G. Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services (City Manager) H. Discussion on P.O. Mailbox location (Commissioner Waters) I. Selection of Mayor Pro Tempore (Mayor) J. Discussion on Board Member Review Committee (Mayor) K. Buckman Trust(Mayor) L. Reserved Parking for Commissioners on Commission Meeting evenings (Mayor) M. Possible Change to City Logo (Mayor) 0 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 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, 0 persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday, November 11, 2005. 2 MINUTES REGULAR CITY COMMISSION MEETING November 14, 2005 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Donald Wolfson City Manager Jim Hanson Commissioner Mike Borno City Clerk Donna L. Bussey Commissioner Jamie Fletcher City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Wolfson called the meeting to order at 7:15 p.m. The Invocation, given by Mayor Wolfson, was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on November 1, 2005. .~ Motion: Auprove the minutes of the Regular Commission Meeting on November 1, 2005 as written. Moved by Simmons, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Amantha Massey-McLaughlin, 272 Camelia Street, identified herself as a resident of the Marsh Oaks Community and asked the Commission to put a halt to developing the land across from Tideviews Preserve. She spoke in support of the effort to obtain and preserve the Buckman Trust wetlands. Ms. McLaughlin indicated that the majority of the residents in her neighborhood do not believe that building on the lots would enhance their community. Karen Wong-Chan, 310 Country Club Lane, spoke against the decision for placing the mailbox in the Russell Park area. She noted that Russell Park has a lot of activity and anything that increases traffic in the parking lot, such as the mailbox, is very dangerous due to the amount of children playing in the area. She requested that they consider other areas to place the November 14, 2005 REGULAR COMMISSION MEETING Pa e 2 mailbox and rescind the earlier decision to place the mailbox in Russell Park area. Lisa Bruno, 375 and 377 Plaza, spoke against the new option of placing the mailbox in a turnout area on Plaza. She believed that the new plan would encourage and direct more traffic onto Plaza. She discussed the public safety issues created by increased traffic and loss of parking in the area and indicated it would also disturb the ambiance of the street. Ms. Bruno supported placing the mailbox in the Russell Park area, noting that this is already a municipal area and the location would be more convenient for the citizens. She suggested the option of eliminating the mailbox and redirecting citizens to the post office, to other nearby mailbox locations, or to placing outgoing mail at their residences for pick-up. Stephen Kuti,1132 Linkside Drive, proposed the following suggestions for the Commission: #1) He recommended that the Commissioners utilize the parking spaces in front of the public safety building for parking during the evening meetings. He was not in favor of reserving the already limited spaces in the City Hall parking lot for this purpose. #2) He believed the best spot for relocating the mailbox is next to the utility payment box in front of City Hall. #3) He supported creating a right turn lane at the Five Points Intersection, from southbound Seminole Road turning west onto Plaza. #4) Mr. Kuti questioned why the City was spending money to design __ the medians on Mayport Road when the City of Jacksonville has already established a standard design that could be used there. Casey Quinif, 544 Plaza, spoke against relocating the mailbox to Russell Park. He expressed concern with the current overdevelopment and increased usage of Russell Park and spoke against adding another item to the area. He commented on the safety issues and possibilities for accidents resulting from increased traffic if the mailbox was placed there. Barbara Mears, 1604 Coquina Place, asked that the City arborist examine an old magnolia tree located on City property at Coquina Place. She believed the tree is diseased or infested and did not want to risk losing it. She disagreed with locating the mailbox on Plaza, and spoke in favor of placing it by the utility payment box in front of City Hall. Campbell Ford, 1825 Ocean Grove Drive, identified himself as an attorney representing Ms. Lindley Tolbert, who is requesting the Community Development Board consider a replat of property at Selva Verde. He indicated he was at the meeting so that he could address an issue regarding a moratorium if it should be broached that evening. J.P. Marchioli, 414 Sherry Drive, spoke against adding any more mail drops in Atlantic Beach. He suggested that the new entrance from Plaza to the Post Office should be publicized so that drivers will be made aware of the easier access. He disagreed with placing the mailbox next to the utility payment box, suggesting that payments and mail could end up in the wrong November 14, 2005 REGULAR COMMISSION MEETING Pa e 3 boxes. Mr. Marchioli reiterated the need for aright-hand turn lane from southbound Seminole Road onto Plaza. He commented on the speeding traffic on Sherry Drive. He stressed the need to ensure there is proper directional signage at the Five Points Intersection once it is completed. Sheldon Weiner, l5 Tenth Street, provided the new Commissioners with information he had distributed at a previous meeting regarding the dangers of locating the mailbox by the tennis courts at Russell Park. He reviewed drawings of the area that illustrated the traffic and pedestrian patterns most prevalent when the park is in use. He noted the potential dangers involved with increased traffic coinciding with the paths of kids going to and from the skate park. Mr. Weiner discussed the issue of possible lawsuits resulting from accidents occurring in the area and requested that the Commission give staff permission to find better solution. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Jim Hanson referred the Commission to his written report, ,, which is attached and made part of this official record as Attachment A. His report addressed the following topics: environmental workshops at the Adele Grage Cultural Center, the sexual predator law of the City of Jacksonville, lighting for Five Points Intersection, the Buckman Trust property, and the payday loan ordinance. The City Manager commented further on the issue of the Buckman Trust property. He noted that questions from the elected officials and citizens concerning this property were forwarded to the City Attorney and his response was that considerable research and possible outside assistance may be required to provide the answers. City Manager Hanson indicated that if the Commission agreed with the need to pursue with the issue, they should instruct the City Attorney to proceed with the necessary endeavors. City Manager Hanson also discussed the payday loan ordinance being considered by the City of Jacksonville. He recommended that Atlantic Beach postpone making any decisions regarding adopting similar legislation until the City of Jacksonville resolves the legal issues regarding the matter. Mayor Wolfson acknowledged and reiterated the City Manager's recommendation to postpone any decision on the payday loan issue. Consent Agenda 4. Consent Agenda A. Acknowledge receipt of Public Safety and Code Enforcement Report for September 2005, Building Department Report, Utility Sales Report, Public Works and Utility Department November 14, 2005 REGULAR COMMISSION MEETING Pa e 4 Report and New Occupational Licenses Report for October 2005 (City Manager) B. Authorize the Mayor to sign the "Certification of Acceptance of Subgrant Award" and subsequent paperwork associated with the Office of Domestic Preparedness Grant (City Manager) C. Extend the Landscape Maintenance Contract for Utilities and Public Works with A Native Sun Landscaping for an additional year at the current prices (Bid No. 0304-5) (City Manager) D. Kestner Road and Dutton Island Road Sewer Extensions - Infrastructure for City Ownership and Maintenance (City Manager) Commissioner Waters requested that Item A be pulled for further discussion. Motion: Approve Consent Agenda Items B through D as presented Moved by Simmons, seconded by Borno Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 .. MOTION CARRIED Commissioner Waters questioned why the bike path on Plaza was not awarded and asked if it could now be completed instead of being left unfinished. He suggested putting it back in the budget, preferably with the current construction project, in order to have it completed. Rick Carper, Director of Public Works, responded that construction of that portion of the bike path is being delayed while he tries to find someone to build a bridge needed for that area of the path. He indicated that he has a quote for a steel bridge and is waiting to receive a quote for a wooden bridge. He discussed the differences between constructing the two types of bridges. Mr. Carper noted that once received, he will bring the information on the bridge construction back to the Commission for direction. Discussion followed regarding the differences between a steel or wooden bridge. Mr. Carper notified the Commission that construction will begin this week on the bike path going west from Mayport Road to Rose Park. Commissioner Borno complimented the City's Public Works and Utilities directors for the conciseness and clarity of their reports. Motion: To acknowledge receipt of Public Safety and Code Enforcement Report for September 2005, Building Department Report, Utility Sales Report, Public Works and Utility Department Report and New Occupational Licenses Report for October 2005. November 14, 2005 REGULAR COMMISSION MEETING Paee 5 Moved by Simmons, seconded by Borno Commissioner Borno asked for clarification on when the Occupational Licenses are due. City Clerk Bussey provided the details regarding renewals of the licenses still delinquent in their payments. Mayor Wolfson announced that no vote was needed to acknowledge receipt of the reports and directed the Commission to move forward with the agenda. Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances None. Miscellaneous Business 8. Miscellaneous Business A. Approve designated streets for the Tree Planting Program (City Manager) City Manager Hanson described the success of the Adopt-A-Tree program that the City has had implemented for several years. For this year's list of streets designated for tree plantings, he recommended removing Royal Palms Drive. He announced that the City plans to perform a lot of utility work in the Royal Palms area and did not believe it would be wise to plant trees that might have to be moved within the next couple years. Motion: To approve designated streets for the Tree Planting Program, with a change to remove Royal Palms Drive from the list. Commissioner Waters commended the City Manager for promoting the program. He asked that the City look into the feasibility of planting trees on Dudley Street, across from the New Friendship church. He stated this project was once proposed in the past, but was deemed incompatible with the utility infrastructure at the time. Mayor Wolfson suggested allocating the trees originally designated for Royal Palms Drive to be planted on Dudley Street. He asked the City to get a second opinion so that the Commission could discuss it at the next Commission meeting. Moved by Simmons, seconded by Borno November_14, 2005 REGULAR COMMISSION MEETING Pa e 6 Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED B. Police/Cameras in Public Parks (City Manager) City Manager Hanson asked Chief David Thompson, Director of Public Safety, to review his report on this subject. Chief Thompson summarized the options presented in his report and discussed the advantages and disadvantages of each. He noted that his report was informational in nature and did not provide a specific recommendation. Commissioner Waters thanked Chief Thompson for his report. Discussion ensued addressing the details involved with each option presented. Commissioner Fletcher expressed interest in acquiring a report that provides information on all of the possible alternatives available for deterring and preventing crime in the public parks and their associated costs. Mayor Wolfson noted that this was anon-action item on the agenda and encouraged Chief Thompson to bring back a report to the Commission with information on how other cities have addressed similar issues and successfully implemented programs to resolve them. Commissioner Simmons discussed the advantages of having a police officer present in areas to deter crime and expressed concern regarding the crime rates in certain areas, specifically Marsh Oaks. She suggested reviewing the crime and safety issues during strategic planning sessions this year. Commissioner Borno asked that information also be provided on the unsuccessful attempts made by other cities. C. Park Rules and Safety (City Manager) Timmy Johnson, Director of Parks and Recreation, presented his report on the difficulties that his department and staff have encountered when trying to enforce park rules. He asked that the Commission consider changes to the City Code that would give the City the authority to enforce the rules and address violators. He noted that the City of Jacksonville is moving in the same direction by considering local legislation to resolve some of the same problems. Mr. Johnson pointed out that violators of the rules are not violators of the law and asked that Atlantic Beach consider adding legislation that would provide the parks and recreation staff and police officers with more authority to address these violators. Commissioner Waters cautioned that if more stringent rules were adopted they would need to be applied correctly and enforced humanely, especially when dealing with children. He stated that he was willing to look at November 14, 2005 REGULAR COMMISSION MEETING Paae 7 proposed changes but would need to give it serious consideration to ensure it would be the appropriate action to take. Commissioner Fletcher asked for further clarification regarding the specific types of problems encountered. Mr. Johnson noted that most rule violations were related to skateboarding, and cited examples of skaters not wearing the required helmet protection or skating in areas where that activity is prohibited. He indicated that violators know that the City has no real authority over them and often the City staff and officers receive abuse when attempting to enforce the rules. Commissioner Simmons asked for clarification on the State statute regarding helmet requirements for the skate park. Chief Thompson explained that the State statute protects the City from liability but does not make it a criminal offense to violate the helmet requirement. He further clarified that the State bicycle helmet law for children is different because it is not an arrestable offense, but can result in a fine if violated. Chief Thompson noted that the City could consider implementing a similar type of fine penalty for enforcing the park rules. Commissioner Borno indicated the need for individual responsibility and civil respect from the public and noted that it is generally a small group of individuals who challenge the rules and need to be punished. Commissioner Fletcher proposed utilizing peer pressure amongst the kids to help enforce the rules in the parks. City Manager Hanson noted the difficulties involved with controlling kids who refuse to even leave the park when ordered. Mayor Wolfson suggested moving forward with the recommendation in the staff report to consider changes to the City Code in order to better enforce park rules and address the violator of those rules. He asked that staff study the situation further and bring back a recommendation for the Commission. D. Request for a Waiver from Land Development Regulations Requirement for On- Site Retention for a lot located at 1718 Selva Marina Drive (City Manager) Rick Carper, Director of Public Works, provided an overview on this item. He noted that the lot was previously undeveloped but now has a new home under construction on it and the property owner resides in Maryland. He reported that the owner has requested a waiver to be relieved of the onsite retention requirements. He proceeded to explain the purpose and details of the City's ordinance pertaining to the requirements for on-site storage of stormwater runoff. Mr. Carper explained that he chose not to approve the waiver during his permit review process. City Attorney Jensen asked if the owner requested November 14, 2005 REGULAR COMMISSION MEETING Pa e 8 an appeal of Mr. Career's decision. It was confirmed that they have requested a waiver from the City Commission but were not present at this meeting. Mayor Wolfson asked for explanation of the waiver process and its involvement with the Community Development Board to date. Sonya Doerr, Community Development Board Director, explained that this type of application for a waiver from the land development regulations specifically comes before the City Commission. She noted that it is a different procedure from a zoning variance request that is heard by the Community Development Board. Motion: To deny a request for a waiver from Land Development Regulations requirement for on- site retention for a lot located at 1718 Selva Marina Drive. Moved by Simmons, seconded by Waters Mayor Wolfson inquired if the applicant, or a representative for the applicant, was present. Mr. Carper acknowledged that he had spoken with the building contractor, but had never spoken to the applicant and did not give notice to anyone that the item would be acted upon at the meeting that evening. Commissioner Borno spoke against granting the waiver if the City's ordinance and code did not support the request. Commissioner Waters did not believe it was fair to vote on the item if the applicant was not notified that the Commission would be acting upon it. Further discussion ensued regarding the effects that might result if the waiver was granted. Commissioner Waters indicated that the issue is complicated and stated he would have preferred that the applicant was notified and present to provide further information regarding it. Discussion continued with Commissioner Borno addressing the responsibilities expected of individual property owners regarding issues of onsite retention. Commissioner Simmons indicated that the applicant's basis for his waiver request was erroneous and did not comply with City Code. Mayor Wolfson inquired if the City failed to notify the applicant that his request would be on the agenda. Mr. Carper acknowledged that the applicant was not notified. Mayor Wolfson questioned why granting the waiver would set a precedent when each waiver or variance application is considered on a case by case basis. Mr. Carper responded that, in this situation, granting a homeowner permission not to comply with the onsite retention requirements makes it difficult to enforce this Code with other property owners. November 14, 2005 REGULAR COMMISSION MEETING Pa e 9 Mayor Wolfson expressed concern with the City not notifying the applicant that his request would be on the agenda. He believed the applicant should be given the opportunity to come before the Commission to state his case. Motion: To substitute original motion with motion to defer action on the agenda item until the owner or contractor has been notified and given time to appear before the Commission Moved by Simmons, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED E. First Vehicle Services Non-Contract Labor Rate (City Manager) City Manager Hanson reviewed his report and discussed the contract increase being requested by the City's garage contractors for their Non- contract Labor Rate. He advised that the City recommended changing that rate from the original $22.50 to $28.30 per hour, as calculated according to the same CPI adjustments provided in the contract. Commissioner Waters questioned why First Vehicle Services would accept the recommendation of $28.30 per hour when they are actually requesting $40.00 per hour. City Manager Hanson explained that the City does not have any obligation to raise the amount as much as they are requesting. Commissioner Waters expressed concern with the quality of service received by the contractor if there is conflict with the amount being granted to them. City Manager Hanson responded that the rate being discussed applies to a small amount of work and the actual total difference between what is being asked by First Vehicle Services and what is being offered by the City would not amount to much of a discrepancy. Motion: To approve anon-contract labor rate increase for First Vehicle Services from $22.50 per hour to $28.30 per hour, and include the non- contract labor rate in future CPI adjustments. Moved by Borno, seconded by Simmons Commissioner Borno questioned if the services provided and the contractor's proposed fees are truly compatible with the garage rates outside of the City. He commended the City Manager for presenting the issue in a proper context so they could move forward with it. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED November 14.2005 REGULAR COMMISSION MEETING Pa a 10 F. Hurricane Debris Removal (Vegetative Waste) (Bid No. 0405- 15) & Hurricane Debris Removal (Construction & Demolition / Mixed) (Bid No. 0405-28) (City Manager) City Manager Hanson noted that the current sanitation contractor provided excellent service last year in clearing debris after the hurricanes. However, he advised that if the City experiences any worse storms it will require a larger or more specialized contract to handle the resulting situation. He noted that this contract would be supplemental and would allow the City to use their existing solid waste hauler and/or the new contractor if approved. Motion: To award the contract for Hurricane Debris Removal Bids (Nos. 0405-15 and 0405-28) to the low bidder, Custom Tree Service, to fulfill service as stated in case of dire need. Moved by Simmons, seconded by Waters Mayor Wolfson expressed concern with the bid from Custom Tree Service being so far below the competing bids and questioned their commitment and ability to provide the service if granted the bid. He asked Rick Carper. Director of Public Works, to provide more information. Mr. Carper discussed the list of equipment provided in the bid, the current contracts held by Custom Tree Service, and their references. Commissioner Waters expressed similar concerns regarding the low bid and asked what the consequences are if a contractor underbids a job. Mr. Carper responded that the City does not pay the contractor ahead of the job so if the contractor does not provide the service, there is no cost incurred. He added that he researched the possibility of acquiring a performance bond, but discovered that bonds are not generally provided for contingency jobs that might not even be performed. Commissioner Borno reiterated that this contract is only supplemental to the City's primary waste removal system. He pointed out that concerns regarding the contractor abandoning the contract and not performing the services when needed could be applied to any of the other bidders, as well. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED G. Extension of the Existing Contract with Waste Services of Florida for Solid Waste Services (City Manager) November 14, 2005 REGULAR COMMISSION MEETING Paee 11 City Manager Hanson provided information on the contract with the waste service hauler, noting that it is nearing the end of its five-year period and the City needs to give asix-month notice to the contractor if they intend to extend it. He indicated that the existing contractor has provided excellent service and has established good relations with the City. However, the City has recently received communication that the Contractor is losing money on the current contract and would prefer not to extend it. The City Manager reported that the contractor indicated a willingness to submit a bid, if the City put it out to a re-bid. He also noted the City could anticipate a need to raise the sanitation rates in the near future, due to the increase in the CPI and fuel costs, regardless of which option they chose. He indicated the options are to extend the current contract with Waste Services of Florida, or rebid the contract. He noted that some options for new contracts could lower costs to the City by including modern collection processes (automated) or reduced number of collection times. However, the City has not yet acquired the specific numbers comparing the overall increase in rates to the various cost saving options. Steve Wright, General Manager of Waste Services of Florida (WSF), stated that Mr. Hanson covered his company's position well. Rick Carper, Director of Public Works, and the Commission discussed the variables involved with a decision on this item. Topics covered included the age of the contractor's equipment, new technology options, estimated costs if the contract is re-bidded, level of service expected if contract is extended, and possible results if contractor defaults. Mr. Wright, speaking on behalf of WSF, explained that his company is experiencing operational losses under the terms of the current contract and asked that the City put it out to bid rather than extending it. He conveyed WSF's willingness and intention to submit a bid if the City chose that option, but also expressed their intent to maintain their level of service and not renege on the contract if the City chose to extend it. The Commission continued to examine the issues affecting and resulting from cost increases, the terms of the current contract, the options available to explore less costly services through a rebid, and the recourses available to the City if service falls below a standard. City Manager Hanson pointed out that the Commission has one more scheduled meeting before their deadline for notifying the contractor if they intend to extend the contract. He recommended delaying the decision in order to acquire estimates of cost savings experienced by other cities that have already moved to automated collection in similar situations. Further discussion ensued regarding the issues involved. Motion: To defer taking action for two more weeks so that the City can gather and bring back more information from other cities. November 14, 2005 REGULAR COMMISSION MEETING Paee 12 Moved by Simmons, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED H. Discussion on P.O. Mailbox location (Commissioner Waters) Motion: To leave the mailbox where it is currently located on Plaza and make adjustments as time demands. Moved by Waters MOTION DIED, due to lack of a second. City Manager Hanson clarified that the previous Commission had already approved a decision to move the mailbox to the tennis court location at Russell Park. However, he noted, that decision has been put on hold due to Commissioner Waters' request to place the item on the agenda for discussion. Motion: To remove the mailbox and newspaper stands completely from their current location and not relocate anywhere. Moved by Borno, seconded by Waters Commissioner Borno discussed the concerns addressed and petitioned by the citizens, including safety problems associated with the mailbox being moved by the tennis courts, quality of life issues for residents around its current location, and the number of other mailbox locations already existing within the City. Commissioner Simmons questioned the City's legal ability to remove the newspaper stands. City Attorney Jensen explained that the City is allowed to restrict the location of the stands. All of the options presented for the mailbox location were discussed further by the Commission. Commissioner Fletcher spoke in favor of Option 4, creating a cutout location on Plaza. Commissioner Waters expressed concerns with Russell Park bearing the burden of so many activities and facilities being placed there by the City. He supported utilizing one of the other park areas for the mailbox. Commissioner Simmons proposed that none of the presented solutions seemed suitable and recommended placing the mail drop out of the Five Points Intersection area, possibly further north on Seminole. Commissioner Borno withdrew the motion, followed by Commissioner Waters withdrawing his second. November 14, 2005 REGULAR COMMISSION MEETING Pase 13 Motion: To have staff evaluate and present the Commission with information regarding placing the mailbox in Mandalay Park. Moved by Borno MOTION DIED, due to lack of second. Mayor Wolfson asked the City Manager if any traffic studies have been performed to determine the usage of the mailbox. City Manager Hanson responded that they do not have data to determine the usage or adverse impacts of the mailbox. Mayor Wolfson spoke in favor of Commissioner Borno's first motion to remove the mailbox completely and see what the results actually will be. He suggested that if there was still significant demand for the mailbox, staff could then further research and address the issue. Motion: To remove mailbox and newspaper stands completely from their current location and not relocate any where. Moved by Borno, seconded by Waters Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED I. Selection of Mayor Pro Tempore (Mayor) Mayor Wolfson discussed the role of the Mayor Pro Tem and the importance of that individual to have a clear understanding of the responsibilities of the Commission Chair. Motion: To approve the selection of Commissioner Waters as Mayor Pro Tempore. Moved by Wolfson, seconded by Simmons Commissioner Waters accepted the nomination. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED J. Discussion on Board Member Review Committee (Mayor) November 14, 2005 REGULAR COMMISSION MEETING Paee 14 Mayor Wolfson referred the Commission to information relevant to this item that was given to them that evening. The information is attached and made part of this official document as Attachment B. He apologized for not distributing the material earlier. Commissioner Borno stated that, given the short notice, he had not yet had the chance to review the information and requested that the item be deferred until the next meeting. Motion: To defer Agenda Item 8 T until the next Commission meeting. Moved by Borno, seconded by Simmons Mayor Wolfson proceeded to provide further details and clarification to the information he had distributed referring to Article II of the City Charter. He acknowledged understanding the intent of the Resolution OS-04, but expressed concerns with it and asked that the Commission review the changes he was proposing. The Mayor announced that he will place this item on the agenda for the next Commission meeting. Commissioner Simmons believed there was some conflicting information about who makes the recommendations for appointments to the Boards and Committees and requested that the next agenda packet also contain that information. Votes: Aye: 5 -Borno, Fletcher, Simmons, Waters, Wolfson Nay: 0 MOTION CARRIED K. Buckman Trust (Mayor) Mayor Wolfson noted that since the Johnston Island small scale amendment to the City's Comprehensive Plan, there has been increased interest in the Buckman Trust land. He informed the Commission that there has been interest expressed by developers to acquire the property and by conservation groups to preserve the property. He reported that one group has requested the opportunity to come before the Commission in order to propose a strategy to preserve the land from being developed. He expressed his support for this idea and asked the Commission to consider all possibilities for the land. He noted that the Commission could expect more information on the subject within the near future. Commissioner Fletcher thanked the Mayor for his efforts to preserve the marshlands in that area. L. Reserved Parking for Commissioners on Commission Meeting evenings (Mayor) November 14, 2005 REGULAR COMMISSION MEETING Page 15 Mayor Wolfson commented that there are certain times of the year when parking is very limited and the Commissioners have had problems finding a parking space on meeting nights. He believed it important that Commissioners have direct access to parking in order to arrive on time for official business. He clarified that he did not see it a necessity during the days, but believed it would be beneficial to have designated parking spaces for each Commissioner from 5:00 p.m. until midnight. He suggested that the parking signs be covered during the day.so that they would be accessible to the public during that time. Mayor Wolfson believed that the spaces in front of Public Safety were needed by the Police Department and suggested that five spaces just north of the front entrance to City Hall be reserved with signs designating each Commission Seat number. Motion: To reserve narking for the City Commissioners two evenings per month as outlined. Moved by Wolfson, seconded by Waters Commissioner Waters spoke in favor of the motion. Commissioner Simmons and Commissioner Borno both spoke against the motion and expressed that they have not experienced problems finding a parking space for the meetings. Chief David Thompson, Director of Public Safety, confirmed that the elected officials could park in the Public Safety area when needed. Mayor Wolfson withdrew the motion, but the second to the motion was not withdrawn. Votes: Aye: 2 -Waters, Wolfson Nay: 3 - Borno, Fletcher, Simmons MOTION FAILED M. Possible Change to City Logo (Mayor) Mayor Wolfson clarified that he is not proposing to change the logo, but rather, to make it easier to read the City's name on it. He passed around the City's lapel pins to illustrate that there is no contrast between the City name and the background color. He stressed the importance that the logo clearly display the City's name. Commissioner Borno suggested adding a line beneath the logo that has the City's name on it. Mayor Wolfson acknowledged the suggestion but believed the logo still needed to be enhanced by changing the colors so that the lettering stands out more prominently. November 14, 2005 REGULAR COMMISSION MEETING Pa a 16 mow. City Manager Hanson said he could make the changes recommended and ~ bring it back to the Commission. Commissioner Borno suggested placing the additional lettering on the pins already being used in the meantime. 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 C. The issues addressed in his report were: reduction in water use, TMDL regulations, and City staff sent to aid Hurricane Wilma victims. In addition to the items in his report, the City Manager also provided an update on the Five Points Intersection improvements. He asked Rick Carper, Director of Public Safety, to report on the upcoming temporary closure of the intersection. The information displayed by Mr. Carper is attached and made part of this official record as Attachment D. Mr. Carper informed the Commission that, during the construction process, the City discovered that the thickness of the pavement underground turned out to be much less than assumed. Therefore, the contractor has requested a change order for $10,000 in order to remedy the situation by taking out the non- cohesive base and laying down a limerock foundation with asphalt poured on top. He explained that closing the intersection completely would take less time than correcting the situation one lane at a time. He reviewed the schedule planned for the intersection closure and assured that it would be open to traffic on Saturday and Sunday and completely reopened by the following Wednesday. Mr. Carper also displayed and discussed the detour plans for traffic during the intersection closure. Commissioner Waters asked for clarification of the signage to be used for notifying the public. Mr. Carper responded, stating that the City will be using variable message boards, detour signs, blockades, and still provide access to the City Hall parking lot. Commissioner Fletcher inquired if the design of the new intersection can adequately accommodate the City's fire trucks accessing and exiting the fire station. Mr. Carper responded that it will be improved compared to the previous design. Mayor Wolfson expressed concern specifically with the first day of the closure. In addition to the signs and the contractors, he recommended that police officers provide their professional assistance with directing traffic and guiding the public. Chief Thompson stated his department shared the same concerns and would be determining the best methods possible for all involved. November 14, 2005 REGULAR COMMISSION MEETING Paee 17 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Borno • Asked if anyone would be attending the Florida League of Cities' legislative meeting. Commissioner Waters reported that he was going. • Mentioned the 2005 Transportation Summit being sponsored by the First Coast MPO on December 15. • Thanked the City Manager and staff for their update on the strategic planning projects. Commissioner Fletcher • Expressed his concern with a request being brought before the Community Development Board the next evening regarding subdividing lots located at Twelfth Street and Selva Marina Circle. He noted that citizens in that area have stated their opposition to the request and believe it is inconsistent with the recommendations presented by Winter and Company. Commissioner Waters • Noticed that Ms. Donna Harper has palm trees on her property infected with the small conks. He believed the City needs to make people aware of those types of situations if discovered. Mayor Wolfson • Congratulated the Public Safety Department on being awarded funds from the Office of Domestic Preparedness Grant. • Inquired about the report from Winter and Company. Asked Sonya Doerr, Director of Planning and Zoning, if it would be acted upon at the Community Development Board meeting the following night. Ms. Doerr responded that there was no action scheduled for tomorrow's meeting, only a discussion of the report. She informed the Mayor that they are intending to adopt or implement the recommendations in February, but that the timeline is also dependent on public participation and how many meetings are held. • Announced that tomorrow from 2:00-3:30 p.m. in the City Commission Chambers there will be a webcast on eminent domain issues. He invited citizens to attend and observe. • Inquired if a contract had already been submitted for the purchase of a clock at the Five Points Intersection. Rick Carper, Director of November 14, 2005 REGULAR COMMISSION MEETING Paee 18 Public Works, confirmed that the purchase order had been submitted in order to meet the deadline for the discount offered. He noted that the company could not produce a tide clock, but would accept cancellation of the contract by Wednesday if that was the direction the City wished to take. Mr. Carper added that research done on large scale tide clocks has been unsuccessful at finding a company that makes them. Motion: To cancel the contract to purchase a clock for the Five Points Intersection. Moved by Fletcher, seconded by Wolfson Commissioner Fletcher stated that, based on public comments, he believes that purchasing a clock for the intersection is a poor expenditure of public funds. Commissioner Simmons noted that she had originally voted against the motion but was not comfortable voting against an approval given by her fellow commissioners a month ago. Commissioner Waters spoke in favor of the beautification process which has been taking place over the last 25 years and did not believe it wise to interrupt a project put in motion by the previous Commission with the intent to make the City more attractive. Commissioner Borno was not in favor of second-guessing the commissioners prior to him, and recommended leaving their decision as it stood. Mayor Wolfson stated he was not against beautification of the City, but was against spending taxpayers' money to purchase a clock, if that was decided to be the best item to place there. He preferred to explore options of private funding for whatever method is chosen to beautify the area and stated he was strongly opposed to using the taxpayers' dollars for this purpose. Votes: Aye: 3 -Fletcher, Simmons, Wolfson Nay: 2 - Borno, Waters MOTION PASSED to cancel the purchase of the clock. ~:~ Suggested to defer the appointments being made to the Tree Conservation Board and postpone the Board Member Review Committee meeting until after the Commission has the opportunity to address the resolution. Commissioner Simmons stated that the meeting was scheduled for this week and the candidates have already been notified of their appointments. Mayor Wolfson stated he had no further comment then. November 14, 2005 REGULAR COMMISSION MEETING Pa a 19 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 10:30 p.m. Donald M. Wolfson, Mayor/Pres ding Officer ATTEST: QV/~'1/YI Q Donna L. Bussey City Clerk ATTACHMENT A NOVEMBER 14, 2005 COMMISSION MTG November 7, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: Jim Hans --Cit~Pvf SUBJECT: Follow-u Report Environmental Workshous at the Adele Grape Cultural Center; A concern was raised at the last commission meeting about the lack of publicity about a series of environmental workshops being held at the Adele Grape Cultural Center. A question was raised about why these were not included in the City's Tideviews Newsletter. These were privately sponsored workshops done by the Green Team Project. There was a series of five workshops the last of which were held on October 24~'. Because these were done by a private group using the facility and not sponsored by the City, the responsibility for the publication of the events was left with the group putting them on. Sezual Predator Law; Suit Filed Against the Citv of Jacksonville; A lawsuit has recently been filed against the City of Jacksonville concerning their ordinance restricting residences of sexual predators. The basis of the suit is that the Jacksonville ordinance does not allow sufficient areas for sexual predators to live in Jacksonville. Because the Atlantic Beach ordinance is very similar to the Jacksonville ordinance, any adverse ruling in this case may affect Atlantic Beach. It is recommended that we monitor the Jacksonville case and report back to the City Commission if any amendments become necessary. ~ , Lighting for Five Points Intersection; A question was raised at the last city commission meeting about the intensity of lighting to be installed at the five points intersection. After having several engineering models run of the various lighting scenarios, it has been determined that 100-watt lights will adequately light the intersection. 'The city's contractor will be instructed to order the 100-watt lights instead of the 175-watt fixtures originally specified. The 100-watt fixture will have the same "dark sky" feature. Buckman Prouerty; Several questions have been raised by elected officials in recent weeks about the Buckman property. The most basic is; what could legally be done with the property under the current local zoning and state regulations? A following question was if the City, through use of grant funds, could dredge out some of the waterways leading to the canoe/kayak launches to improve access. All of these questions were forwarded to the City Attorney and he has indicated that it will take considerable research and probably outside assistance to come up with the answers. Assuming it is the City Commission's feeling that the cost for legal services in connection with this effort would be worth getting the answers, then it would be appropriate for ""'' the Mayor and Commission to instruct the City Attorney to do the research and bring in outside assistance as necessary. AGENDA ITEM #3A NOVEMBER 14, 2005 ,., Pavdav Loan Ordinance; Mayor Meserve recommended that the City Commission consider adoption of legislation limiting the interest rates that could be charged by "payday lenders". The City of Jacksonville is considering similar legislation, which has been delayed for a couple of months on some procedural issues and pending negotiations with several representatives of the lending industry. It is recommended that Atlantic Beach postpone any discussion on the possible adoption of payday loan legislation until the City of Jacksonville has resolved the issues and adopted an ordinance which is expected in January. In the meantime, we have a considerable amount of information on this at City Hall and copies are available if you would like to review it. ATTACHMENT B NOVEMBER 14, 2005 COMMISSION MTG Agenda Item #8J November 14, 2005 Discussion of Resolution No. OS-04: CITY CHARTER: ARTICLEII, Section 9, Item 3: "The City Commission shall have the power to: establish official boards and elect the members thereof as recommended by the Mayor." Proposed changes for discussion: WHEREAS, the City Commission deems it to be in the best interests of the citizens of Atlantic Beach to create a standing committee to review applications and make recommendations [add: to the Mayor] for the appointment and reappointment of members to city's Boards and ,,, Committees. SECTION 2. P ose: The purpose of the Board Member Review Committee is to encourage citizens to apply to serve on the city's boards and committees, to review and consider available applications when vacancies occur, to consider the re-appointment of appointments to a second term and to make recommendations to the Mayor [delete: and Commission] as to which applicants to appoint to fill those vacancies. [Add: All applications received by the City Clerk shall be submitted to the Mayor along with the recommendations of the Committee for consideration.] SECTION 3. Membership: There will be a total of four (4) [add: voting] members [add: and one (1) non-voting member] on this Committee. The first member will be either the Mayor or one on the sitting City Commissioners, who shall serve as chairman of the Committee. This member shall be appointed by the Mayor [delete: and Commission]. The City Manager [delete: and City Clerk] will automatically be [add: a] member' [delete: "s"]. [Add: The third. member will be appointed by the Mayor and shall be a citizen of the City of Atlantic Beach. The term of office for the appointed member will be fer a period of two years. That appointed member will b@ eligilde fer reappointment to a second two year term.] The fourth member will be the chairman of the board or committee for which vacancy or re-appointment is currently being considered. The term of office for the elected official [add: ,should that be a sitting City Commissioner] serving on this committee will be for a period of [change: one year] . That elected official will be eligible for reappointment to a second [change: one] year term. [Add: The one non- voting member shall be the City Clerk who shall perform the administrative responsibilities of the Committee.] The City Manager and City Clerk will remain as members on this committee as long as they are employed by Atlantic Beach in those positions. The fourth member will serve only for those meetings where membership on their board or committee is being considered. SECTION 4. Duties and .Responsibilities (d) Maki recommendation(s) to the Mayor [delete: and Commission] on appointments or reappointments to the city's boards and committees. City Charter Article II. THE COMMISSION Sec. 9. Powers. Except as may be otherwise provided in this Charter, all powers of the city and the determination of all matters of policy shall be vested in the city commission ~?~t~Ql'Itf~i ~, ,: u. ~f th~~:~~'~~~gQ~~, the c1tY.~g1~?m~d~i~~~y~'>~ver. (1) Adopt a budget; (2) Authorize the issuance of bonds, revenue certificates, and other evidences of indebtedness; (3) .,Estab~~.~~~:?~~'ds .e~e~,~~~s~~eQ~~~ Fe~a~e~~r~~~~ m,,,ya~; (4) Adopt and modify the official map of the city; (5) Regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land and water for trade, industry, residence or other purposes; (6) Provide for an independent audit; (7) Pass ordinances and laws for the preservation of the public peace and order and impose penalties for the violation thereof; provided that the maximum penalty to be imposed shall be a fine of not more than one thousand dollazs ($1,000.00) and imprisonment for a period of time not longer than ninety (90) days; (8) Lease golf courses, hospitals, airports and pazks, or any portion thereof, after the city commission has passed an ordinance authorizing any such lease; (9) Sell golf courses, hospitals, airports, pazks and the public utility system, or any portion thereof, now owned by the city or hereafter acquired by it after the city commission has passed an ordinance in which there is a finding that public welfare no longer requires the operation of any such facility and in which are stated the terms of sale and after such ordinance has been submitted to the qualified voters of the city at an election called for that purpose; (10) Provide rules and regulations for all purchases and sales made for and in behalf of the city; (11) Appoint, remove and fix the compensation of all officers and employees appointed by the city commission as hereinafter provided; (12) Exercise any right or authority given or permitted by the Constitution and the laws of the State of Florida to city commissions not inconsistent with the provisions of this Charter. (Ord. No. 28-93-3, § 1, 8-23-93) ATTACHMENT C NOVEMBER 14, 2005 COMMISSION MTG November 7, 2005 MEMORANDUM TO: The Honorable Mayor and Members of the Commission FROM: Jim Hansoi City Manager °-- SUBJECT: City Man er's Report Water Loss; Considerable staff time has been spent in recent years studying possible reasons for the reduction in per capita of water consumption in Atlantic Beach and several reports have been made to the city commission, pazticulazly during budget discussions. The conclusion we reached was that the decrease resulted from the installation and retrofitting of more water efficient plumbing fixtures and, beginning in October of 2004, from the new water rate structure which encourages conservation. Information is now emerging from several sources from across the country that Atlantic Beach is not alone in seeing dramatic per capita reductions in water use. According to the U. S. Geological Survey, between 1975. and 2000, per capita water consumption declined about 25% and corresponds to increases in water fixture efficiency. New York City is a good example. Even though the city's population rose from 7.3 million in 1990 to over 8 million in 2000, water use declined by over 400 million gallons per day. Similaz water use patterns have now been reported in Boston, Cleveland, Orlando and Washington, D.C. TMDL Regulations; It has been reported to the City Commission on several occasions over the last yeaz that the state Department of Environmental Protection (DEP) has been working with local officials to issue regulations limiting the TMDL (Total Maximum Daily Load) of nitrogen in the St. Johns River. Under the proposed state regulations, almost every wastewater plant dischazging into the St. Johns River Basin would be required to make substantial modifications with initial total cost estimates approaching $100,000.000. Most recently, a story appeared in the newspaper indicating that the federal EPA has turned down the DEP's proposed TMDL regulation. This resulted from a lawsuit filed by the River Keeper and the Clean Water Network basically alleging that the TMDL limits proposed by the state were not stringent enough. If the EPA's position is not amended, then the renovations or additions to the wastewater plants would be faz more extensive than originally estimated. In some cases they would require the total elimination of the dischazge from the river (100% reuse). Regardless of the final outcome, there will probably be an extensive cost to the City of Atlantic Beach to upgrade the facilities at each of the two wastewater plants to meet the new TMDL requirements. AGENDA ITEM #9A NOVEMBER 14, 2005 Atlantic Beach Sends Staff to Heln Other Florida Cities in the Wake of Hurricane Wilma; Atlantic Beach has sent three police officers to South Florida to help in the relief efforts dealing with the aftermath of Humcane Wilma and other staff are being scheduled for additional trips. A three officer team including Deputy Chief John Campbell left Atlantic Beach on September 26~' and was assigned to several different locations before their return on November 1St. These included beginning in the West Palm Beach area, helping in some of the supply distribution centers and providin; assistance to the Pahol:e Police Department. Additional police are ready to be sent when requested by the state and the city is coordinating to send both manpower and equipment to assist in the restarting of water and wastewater facilities. 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