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Draft Min. 2-11-08MINUTES REGULAR CITY COMMISSION MEETING February 11, 2008 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John S. Meserve Commissioner Carolyn Woods Commissioner Mike Borno City Attorney Alan C. Jensen Commissioner John L. Fletcher City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna Bussey Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. Commissioner Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on January 28, 2008. Motion: Anarove the minutes of the Regular Commission Meetine on Januarv 28, 2008, as written. Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor Z. Courtesy of the Floor to Visitors. Mayor Meserve opened the Caurtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Jim McCue, 660 Aquatic Drive, asked the Commission to consider another option for garbage pickup for smaller families to be every other week, He also commended the police department for putting up achildren-playing sign and patrolling his neighborhood more. R.D. De Carle, 51 Beach Avenue, stated he favors the proposal Commissioner Woods sent to the Commission this week regarding the FAR. Stephen Kuti,113Z Linkside Drive, addressed the Commission concerning the request to renew the engineering services contracts. He stated he believes the proposal from Eisman & Russell is very reasonable, however, the other two engineering firms have increased their fees almost 11 %, which he believes is unacceptable. He believes it would be cheaper to hire engineers rather than consultants, which could also be used by Neptune Beach and Jacksonville Beach. No one else from the audience spoke so Mayor Meserve closed the Courtesy of the Floor to Visitors. February 11. ?~00$ REGULAR COMMISSION MEETING Page 2 Unfinished Business 3. Unfmished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting None. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of Public Works and Utilities Department Project Status Report, Monthly Building Department Report and List of New Business Tax Receipts for January 2008. B. Authorize the City Manager to renew continuing engineering services contracts to Bowen Civil Engineering, Connelly & Wicker, and Eisman & Russo for a period of two years. C. Declaze Ford F250 Pickup as surplus property. Mayor Meserve read the Consent Agenda. Commissioner Fletcher asked that Item B be pulled, out of courtesy to Mr. Kuti. Motion: Annrove Consent Agenda Items A and C as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Rick Carper stated he did not put in the agenda packet the rate justification sheets provided by all three engineering firms, but from the documentation provided using the Federal government CPI forms, he believes the rates aze equitable. Motion: Apurove Consent Agenda Item B as read Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. February 11.2008 REGULAR COMMISSION MEETING Page 3 Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 20-OS-88, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008 Mayor Meserve read Ordinance No. 20-08-88 by title only. _Motion: Aaarove Ordinance No. 24-0$-8$ as read. Moved by Borno, seconded by Fletcher. Mayor Meserve explained this budget amendment is for the $10,000 approved for Atlantic Beach's share of the van for Sulzbacher Center. Mayor Meserve opened the floor to the Public Hearing. No one from the floor spoke so the Mayor closed the Public Hearing. Commissioner Parsons stated he read in the paper that Neptune Beach is also going to donate their $5,000 for the van. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 31-08-06, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING ONE AMENDMENT TO THE 2015 COMPREHENSIVE PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED; THIS AMENDMENT CONSISTING OF ONE CHANGE TO THE 2005 - 2015 FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL, MEDIUM DENSITY TO RESIDENTIAL, LOW DENSITY FOR AN AREA OF THE CITY AS DEPICTED ON ATTACHED EXHIBIT A, PROVIDING FOR INTENT, AUTHORITY, FINDINGS OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 31-08-06 by title only. Motion: Approve Ordinance No. 31-08-06 as read Moved by Borno, seconded by Fletcher. Mayor Meserve opened the floor to the Public Hearing, explaining this brings the ordinances and zoning in line with. the Future Land Use Map and Comprehensive Plan. No one from the floor spoke so the Mayor closed the Public Hearing. February 11, 2008 REGULAR COMMISSION MEETING Page 4 Votes; Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 25-08-38, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 BUII.DINGS AND BUILDING REGULATIONS, CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8 FLOOD HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES, TO DELETE CERTAIN OUTDATED AND/OR NO LONGER APPLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO INCLUDE ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 25-08-38 by title only. Motion: Approve Ordinance No. 25-08_38 as read. Moved by Parsons, seconded by Fletcher. City Attorney Jensen explained this ordinance includes a change in Chapter 12, which addresses the situations such as the Palms Apartments. He stated the current code does not address that particular situation. Commissioner Borno asked if a building permit is pulled and the owner completes a portion of the work and has an inspection, does their permit extend without further cost. Building Official Dave Hufstetler stated if a permit is pulled and they pass a substantial inspection every six months that perpetuates the permit until construction is finished, with no increase in fees. Commissioner Fletcher asked if six months lapses without passing a substantial inspection, does the property then become a nuisance with adverse consequences to the property owner at that time. Mr. Hufstetler explained that would be in violation of the building permit. The owner would have to file for an extension showing cause why they need the extension. He stated, if this new ordinance is adopted, the property would become a nuisance at that point and would be followed up as a code case. Commissioner Parsons asked what happens if someone is unable to complete construction within six months because of a hurricane or other extenuating circumstance. Mr. Hufstetler stated the Owner would request an extension and they would be granted another six months due to the circumstances. He stated there is no black and white list they can follow for extensions; a decision is made from the reasons given by the owner. He stated there are no financial penalties given for extensions. Mayor Meserve clarified that extensions are a staff decision, determined by the circumstances. He asked the building official what the process is if someone wants to dispute their call on an extension. Mr. Jensen stated if someone is denied an extension February 11.2008 REGUI~AJt COMMISSION MEETING ________ Pace 5 by the Building Official, they have a right to appeal it to the City Commission within 20 days. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED D. Ordinance No. 5-08-48, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE II CITY COMMISSION, SEC. 2-16 TIME AND PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR MEETINGS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 5-08-48 by title only Motion: Aaaroye Ordinance No. 5-08-48 as read. Moved by Borno, seconded by Parsons. Mayor Meserve explained this ordinance is changing the time of the Commission meetings from 7:15 p.m. to 6:00 p.m. Commissioner Woods commented she had been concerned that people who work in town might not be able to get back in time, but stated she has not heard any complaints from anyone so she believes that is not an issue at this time. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED E. Ordinance No. 55-08-32, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES, SOLID WASTE AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND PROCEDURES, SEC. 16-10 FEES FOR COLLECTION, BY ADDING NEW SUBSECTIONS ESTABLISHING FEES FOR ADDITIONAL GARBAGE PICK UPS AND TOTERS, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 55-08-32 by title only. Motion: Aaarove Ordinance No. 55-08-32 as read Moved by Borno, seconded by Parsons. City Manager Jim Hanson explained the rate for an extra toter would be $8.50 instead of $17.10. Commissioner Borno asked how the maximum of 400 subscribers would be identified. Mr. Hanson stated that relates to the subscription to a second pick up per week and will need to be added to the contract with WSI, but he does not believe it February 11.2008 REGULAR COMMISSION MEETING Page 6 should be added to this Ordinance. Mayor Meserve stated the suggestion of fewer pick ups for smaller families should also be looked at in the future. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Approve Fiscal Yeaz 2008-2009 Community Development Block Grant (CDBG) uses. For the benefit of the new Commissioners, Community Development Director Sonya Doerr explained the process they go through each year for the grants and how they determine what the funds will be used for. Chief David Thompson explained there was a 67% cut in the grant funding used previously for crime suppression on Mayport Road, so they would like to use some of this grant for that. Commissioner Borno commended the City Manager and staff who have worked on this. Motion: Authorize City Manager to submit the request to City of Jacksonville and sign documents as necessary to execute the contract for use of FY 2008-2009 CDBG funds in the category: Code Enforcement-Law Enforcement to improve deteriorating or deteriorated areas, with specific activities and programs to be determined sub,~ect to future Ci Commission approval Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Contract Amendment with Waste Services of Florida, Inc. to provide for second day per week subscription pick up for household garbage and for providing a second toter. City Manager Hanson explained the City's contract with WSI has to be amended to reflect the provision of the new services contemplated in the ordinance tonight, including the second day per week service and the second toter. He stated WSI is charging the City $1 S.2S/month/customer for the second day per week subscription pick up and the City will charge $17.10, which includes the billing and coordination with the hauler. He stated the chazge to the City from WSI for the toter is $7.00/household/month and the City will charge $8.50 to include the billing costs. Mr. Hanson recommended adding, "this second pick up additional service shall be limited to not more than 400 subscriptions" to the contract addendum. Motion: Authorize City Manager to execute the contract addendum with Waste Services of Florida Inc. Moved by Borno, seconded by Fletcher. February 11.2008 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 5 • Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Proposed Emergency Ordinances for Disaster Preparedness. Chief Thompson summarized his staff report, explaining these are ordinances that will be created and held in abeyance until such time of a disaster (i.e. a hurricane), which may preclude the Commissioners from getting together to quickly enact legislation. He stated these would be laws on the books that could be utilized or approved by the Mayor and City Manager jointly. After clarification of several questions, it was the consensus of the Commission to have staff bring this back as an Ordinance for their consideration. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the last alcohol deployment revealed only one business sold alcohol to minors, the Hess Mart. He also reported on the list of issues for the upcoming Strategic Planning meetings to beheld on Wednesday, February 27 and Thursday, February 2$ at 5:00 p.m. at the Adele Grage Center. He reported the city has purchased the first hybrid vehicle, a Ford Escape, which will be an administrative vehicle for the Police Department. Mr. Hanson announced that Building Official Dave Hufstetler will be leaving on February 22 to take a job out of the country and they will bring in a temporary Building Official until they are able to hire someone permanently. Mr. Hanson reported there is an agreement with the low bid contractor, Petticoat, for the Mayport median project which should be ready to be issued by the City of Jacksonville within 30 days. He stated Petticoat has done a lot of good work for the City in the past and is very reputable and capable of handling the job. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Borno • Stated he is seeing a lot of cross cuts in the city streets and asked what type of work is going on. Public Works Director Rick Carper stated most of these are due to public utility repairs. • Reported the candidate applications for Boards and Committees need to be in by this Friday to be reviewed at the next Board Member Review Committee meeting. February 11.200$ REGULAR COMMISSIOIW MEETING Pace 8 Commissioner Parsons Proposed signs be put up around the City requesting pedestrians walk against traffic He stated he sees many pedestrians in his neighborhood walking with the traffic and believes it is just a matter of time before someone is hurt. He also requested a walkway be put in at the S's area in the SeIva Marina neighborhood. Commissioner Fletcher • Thanked Ms. Doerr for her work on the Community Development Block Grant. • Thanked Chief Thompson for his work on the Disaster Preparedness. • Thanked Chief Thompson and Rick Carper for their responsiveness to his request for a Watch for Children sign on Beach Avenue. Mayor Meserve • Stated he is having difficulty with his City email and asked if anyone else is experiencing similaz problems. Stated the spam Mockers aze blocking some citizens from getting their emails to City officials. Commissioner Fletcher agreed stating he finds relevant emails in his junk mail folder. Mayor Meserve stated the City Manager is aware of this and there are some issues that need to be solved. Mr. Hanson stated they aze looking at trying to handle this better. • Stated the school system has brought to his attention that a club is going in on Mayport Road, not in Atlantic Beach, but close to the school. He stated he is going to request to Jacksonville that this club's special variance not be allowed. He stated after years of trying to clean up Mayport Road this is taking it in the wrong direction. Commissioner Borno stated he believes the variance request is to allow alcohol closer than 1500 feet to a school. Commissioner Pazsons stated he spoke with Ray Holt and Art Graham and they both are opposed to the variance. A. Further Discussion about Floor Area Ratio Commissioner Woods Summarized her report on the FAR issue and urged the Commission to move forward with it. After discussion, the Commission agreed Commissioner Woods' report had relevant points, but they were not in favor of bringing this proposal to the Community Development Boazd at this time. Ms. Doerr stated discussion of removal of the FAR has been noticed for the agenda for Tuesday night's CD Board meeting but if they were to discuss a whole other issue, it would probably have to wait until the March meeting to be properly noticed. Consensus was to only have the issue of eliminating FAR go before the CD Board for review at this time and to reevaluate the other proposal at a later time. Commissioner Woods asked what the timeline would be to bring her proposal back up. Ms. Doerr stated, when this ordinance was adopted in September 2006, it was agreed to revisit the issue every year. Fe rua 11 2008 REGULAR COMMISSION MEETING pa e 9 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:38 pm. ATTEST: ______., ~~ John S. Meserve, Mayor/Presiding Officer Donna L. Bussey, CMC City Clerk