Draft Minutes 11-23-09MINUTES
REGULAR CITY COMMISSION MEETING
November 23, 2009
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor Mike Borno City Attorney Alan C. Jensen
Commissioner Jonathan Daugherty City Manager Jim Hanson
Commissioner John L. Fletcher City Clerk Donna L. Bartle
Commissioner Paul Pazsons
Commissioner Carolyn Woods
Call to Order/Pledge Mayor Borno called the meeting to order at 6:04 p.m. Commissioner Parsons 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 of November
9, 2009.
Motion: Aaarove the minutes of the Regular Commission Meetint of November
9.2009. as written.
Moved by Parsons, Seconded by Fletcher.
votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
~,,VIOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience
and explained the process for public comments.
Donna Bagby, 1817 Selva Grande Drive, Chairperson of the Atlantic Beach Dog
Pazk Committee, requested that the Commission consider relocating the site for the
Dog Pazk from Tideviews Preserve to the Hopkins Creek Stormwater Facility. Mayor
Borno thanked her for her suggestion and stated if they are interested in doing so they
can take that up during comments by the Commissioners.
Sally Clemens, 1638 Park Terrace West, stated the comments made by the City staff
and the elected Commissioners to the Water Management District representative at the
last meeting made her very proud of all of them.
No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor
to Visitors.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson reported on the suggestion made at the last meeting about
leaving the seaweed on the beach to help catch airborne sand and reduce the need for
November 23, 2009 REGULAR COMMISSION MEETING Page 2
beach renourishment. He stated the City's contractor does not remove the seaweed
from the beach, but has been raking it up and placing it on the face of the dunes. He
stated State regulations will not allow removal of anything from the beach that is
naturally there.
He further reported they have contacted the major mapping companies letting them
know that Seminole Road does not go all the way through to Hannah Pazk. He stated
the City has also put up several signs informing drivers they cannot get to Hannah Park
from Seminole Road and redirecting them to A 1 A.
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 I5 DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS.
A. Acknowledge receipt of the Monthly Financial Report, Utility Sales Report and
Building Department Report for October 2009.
B. Extend the Landscape Maintenance Contract for Utilities (Bid No. 0708-02)
with Trim All Lawn Service, Inc. far an additional year at the current prices.
Mayor Borno read the Consent Agenda.
Commissioner Daugherty pulled Item B.
Motion: Aoarove Consent Agenda Item A as read.
Moved by Fletcher, seconded by Parsons.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Daugherty had concerns about whether this should be bid out again.
Director of Utilities Donna Kaluzniak explained that the last time this was bid out,
Trim All Lawn Services came in at a significantly lower price than the average bid.
Mayor Borno stated this would automatically be rebid next yeaz because their contract
would expire. Commissioner Woods asked if we could see if Trim All would lower
their current price. Ms. Kaluzniak stated we could ask them. City Attorney Alan
Jensen we have the right to extend the two one-year periods, but he hasn't seen the
language in the contract to ask that they negotiate the price without having to go back
and allow everybody to bid. Commissioner Parsons stated he supports extending the
bid. After further discussion, a vote was taken.
November 23.2009 REGULAR COMMISSION MEETING Page 3
Motion: Anorove Consent__Agenda Item B as read.
Moved by Fletcher, seconded by Parsons.
Votes:
Aye: 4 - Borno, Fletcher, Parsons, Woods
Nay: 1-Daugherty
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. ORDINANCE N0.20-09-100, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF
ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1,
200$ AND ENDING SEPTEMBER 30, 2009.
Mayor Borno read Ordinance No. 20-09-100 by title.
Motion: Anorove Ordinance No. 20-09-100. as read.
Moved by Parsons, seconded by Fletcher.
Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor
Borno closed the Public Hearing.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Public Hearing to consider a request for an extension in time of a Waiver from
the Land Development Regulations to permit certain business activities out-of-
doors in the Commercial General Zoning (CG) District for Atlantic Powder
Coating located at 57 West Plaza..
City Manager Hanson explained this item was deferred from two meeting ago to give
the owners of the business time to work out some of the complaints from some of the
residents.
Mayor Borno opened the Public Hearing.
Harold Matthews, Indian Springs Drive & S7 W. Plaza Drive, owner of Atlantic
Powder Coating, stated they have done everything they can for the residents and he
was just here to see the outcome.
Novem¢er 23.2009 REGULAR COMMISSION MEETING. Pagg 4
Community Development Director Sonya Doerr stated staff did include some
additional language to address the comment about the doors that were opened in the
back, stating the doors are for intermittent opening only.
Mr. Hanson read the current provision, "work bay doors on the rear side of the
building shall be closed during business hours and at all times dust and particulate
matter shall be contained in the building." He stated Ms. Doerr's recommendation was
to add the clause, "except for intermittent opening, limited only to the time required to
move items in and out of the building."
Susan Evans, 1798 Hammock Circle, Jacksonville, owner of Atlantic Powder
Coating, stated they need to have their doors open in the back to take items in and out
and doesn't want to get fined because someone says their doors were open fifteen
minutes longer than they were supposed to be. She stated they are in a commercial
building that has huge doors and they need to be able to get in and out. She stated they
have done everything they can to please people but they cannot operate with their
doors closed 24/7. Mr. Hanson stated he understood from the last meeting that the
doors had to be opened and shut to move things in and out, which is why he asked the
Community Development Director to amend the provision so it was clear those doors
could be open. Ms. Evans stated she was just concerned that someone might complain
if the doors are open for 15-20 minutes because it can take some time to move these
things in and out.
Mayor Borno closed the public hearing.
After further discussion a motion was made to approve the waiver.
Motion: Approve the waiver from the Land Development Regulations limited to
the current owner only, and maintaining the following conditions: 1) Business
hours shall be limited to Monday-Friday, 8:00 am-5:00 pm, and specifically no
operation of aav equipment that generates noise, dust or airborne particulate
shall be permitted outside of these times 2~,Work bay doors on the rear side of
the building shall be closed during business hours except for intermittent opening,
limited on , to the time required to move items in and out of the building, and at
all times, dust and particulate matter shall be contained within the building; and
3) Outside activities shall be limited only to the cooling of work pieces and
temporary placement of pieces awaiting customer pick-up.
Moved by Parsons, Seconded by Woods
Code enforcement was further discussed and a vote was taken.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Request from Winston Newgard to provide tattoo and body piercing services at
1079 Atlantic Boulevazd, Suite 4.
November 23.2009 REGULAR COMMISSION MEETING Paee 5
Mayor Borno reported that the applicant, Mr. Newgard, was unable to attend the
meeting tonight. City Clerk Bartle explained that Mr. Newgard requested that the
issue be addressed anyway. Mayor Borno stated he had questions for the applicant and
would like to defer action to the December 14 meeting to give the applicant the
opportunity to appear before the Commission.
Motion: Defer until the December 14, 2009 m
Moved by Parsons, Seconded by Fletcher.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Authority to Execute Justice Assistance Grant Acceptance for Mayport Road
Redevelopment.
Assistant City Manager David Thompson explained the grant was to keep the COPS
officers full-time on Mayport Road. He stated the grant required no matching funds.
Motion: Authorize thethe Mayor to sign the Certificate of Acceatance of Subgrant
Award and to sign subsequent aaaerwork relative to the administration of this
rant.
Moved by Fletcher, Seconded by Woods.
Commissioner Woods stated of all the grants we receive she believes this is one of the
most important ones for the City. She stated she was at MarshFest last week and had
several people tell her about all the positive signs they have seen along the Mayport
Corridor.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Authority to Execute Justice Assistance Grant Acceptance for Crime
Suppression Unit.
Assistant City Manager David Thompson explained this grant is to cover the costs
related to a Crime Suppression Detective.
Motion: Authorize the Mayor to sign the Certificate of Acceptance of Subgrant
Award, and to sign subsequent uaoerwork relative to the administration of this
~rant•
Moved by Fletcher, Seconded by Parsons.
November 23.2009 REGULAR COMMISSION MEETING Page 6
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Authorizing Legal Action to Foreclose Liens on Vacant Properties.
City Manager Hanson summarized his staff report, stating these two properties have
tended to drag down their neighborhood. He stated the City has liens on both of the
properties. He stated the purpose would be to either force the owners to clean up the
properties and pay off the City liens or acquire title to the property so they could be
sold to others who would turn them into productive, occupied and maintained
residential areas that the City doesn't have to maintain. Mr. Thompson further gave a
report regarding the background of the problems the City has had with these two
locations. City Attorney •Alan Jensen stated the City could file to foreclose our liens
on each of these properties and explained the process. He stated the main thing is for
us to recover our costs we have in the properties and improve the properties. Mr.
Jensen and Mr. Thompson answered several questions from the Commission.
Commissioner Fletcher agreed our ultimate goal right now should be to recover costs
and not confiscate property.
Motion: Authorize the City Attorney to fake leeal action necessary to acquire the
title to both of the aronerties, including filing suit by foreclosare if necessary.
Moved by Woods, Seconded by Fletcher.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
F. Memorial Donation Policy.
Director of Public Works Rick Carper explained the City receives several requests to
erect memorials every year and he would like to see a policy in place, which he had
drafted. He recommended that we not put memorials in public places because they
create extra work for staff with an expectation they will be maintained in perpetuity.
Mayor Borno stated he appreciates what Mr. Carper has put together but would like to
suggest a change to Item C, that instead of "use of non-native trees is discouraged" it
should say "use of non-native trees will not be authorized". Commissioner Woods
asked if the policy states what the benches should look like. Mr. Carper stated it says
staff will have an approved style of bench. He stated there is standard site furniture in
the Town Center, but for beach accesses and public parks they do not have a standard.
Commissioner Fletcher stated he wishes the City would not encourage the proliferation
of memorials in public places. Commissioner Parsons stated he would like Mr. Carper
to bring this back to the Commission with more defining definitions. It was the
consensus of the Commission to defer this to the second meeting in January.
November 23, 2009 REGULAR COMMISSION MEETING Pace 7
Motion: Defer unti,~ second meeting in January.
Moved by Parsons, Seconded by Fletcher.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
G. Proposed Change Order No. 1 to Royal Palms Drainage Rehabilitation Project
(PW0905).
Mr. Hanson stated this was described in Mr. Career's staff report.
Motion: Authorize the City Manager to execute Chance Order No. 1 to the R.B.
Baker Construction contract. The total contract arice with this change order will
be $3.214,,121.54. including contingency.
Moved by Fletcher, Seconded by Parsons.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
H. Professional Engineering Services RFP No. 10-01 Third-Party Review and
Quality Assurance/Quality Control Wastewater TMDL Final Design.
Mr. Hanson explained this was the value engineering work and quality control part.
He stated we have received proposals that have been ranked by Ms. Kaluzniak and her
staff and they are requesting authorization to negotiate a contract with ATM for the
project. Commissioner Fletcher had a question regarding the scoring and Ms.
Kaluzniak explained this to him.
Motion: Authorize staff to negotiate a contract for RAP No. 10.01. Third-Party
Review of Wastewater TMDL Design. with Apalied Technolotrv & Management.
Moved by Parsons, Seconded by Fletcher.
Votes:
Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
1. Authorization to execute contract with ADG for design of police building.
Mr. Hanson stated the preliminary design options had been explained at the workshop
and this is the contract to move ahead with the design for the police building on the
site just north of the City Hall building. He further stated there is a lot of money to be
November 23, 2009 REGULAR COMMISSION MEETING Page 8
saved by bidding it sooner rather than Later because the contractors are hungry for
work.
Mayor Borno stated of the five options presented to them, he would discount Options
D & E because they are offsite. He further stated, of the three remaining, they need to
pick one. Mr. Thompson explained the three remaining options but stated the
Commission is not selecting one of those concepts tonight, this is just to authorize the
architect to move forward. Commissioner Fletcher clarified they need to decide
whether they want to go forwazd with this at all and, if so, what the ultimate
configuration of the building will be. He stated if they decide to go forward with the
project then over time they can work with how to configure it on the available space.
Commissioner Woods agreed we need a new police building but stated she gets
concerned about the concept. She stated she wants to assure that Russell Park is not
going to be dominated by the police building. Commissioner Pazsons stated with a
budget of $415,000 they are to select one of the proposed options and authorize staff to
complete the necessary contractual agreement with ADG. Responding to
Commissioner Pazsons, Mr. Thompson explained the proposal process and how they
determined ADG to be the number one choice. Discussion ensued with Mr. Thompson
answering several questions. Mayor Borno recommended they seriously look at
Option C, which is the building cost to the year 2020 for 14,350 s.f., as the goal for
this contract to be looked at. Commissioner Woods asked if they decide in the future
they don't need that much square footage, could they choose a smaller squaze footage
building? Ian Reeves, architect with ADG, explained when they give ADG the size of
the building that is what they are going to design for and to pu113 or 4 thousand square
feet off the building is pretty much scrapping the plans at that point. He stated they
need to decide how big a building they want to build for the projected needs of the
department and the community's needs, and that would be where they started, unless it
is a shell pocket that could be removed. He stated we would not want them to get half
way through the design and have a set of documents to stick and then the plans change.
He further recommended that the Commission choose Option B, with the shell space,
because they would not need to finish out the space as in Option C. It was the
consensus of the Commission to go with Option B with the shell space.
Motion: Approve Development Ogtion B and authorize staff to complete the
necessary contractual agreement for ADG to proceed with the standard architect
and engineering services for a new law enforcement facility.
Moved by Fletcher, Seconded by Woods.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
J. Amendment to Section 20-52.1 of City Code.
Mr. Thompson summarized the amendment, which deletes obsolete language that
conflicts with the new inspection fees. He stated staff recommends amending Section
20-52.1 of the City Code.
November 23.2009 REGULAR COMMISSION MEETING Page 9
Motion: Direct staff to bring back an ordinance for first reading;
Moved by Parsons, Seconded by Daugherty.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
K. Selection of Mayor Pro Tempore.
Mayor Borno nominated Commissioner John Fletcher to be Mayor Pro Tempore.
Motion: Aaaoint John Fletcher as Moor Pro Temaore.
Moved by Borno, Seconded by Parsons.
Commissioner Woods asked for Borno to explain his reasoning. Mayor Borno stated
he was looking at time availability, thought process, and tenaciousness. Woods
explained she was curious since Commissioner Parsons has seniority. Mayor Borno
explained although he had seniority, he doesn't have much time. Commissioner
Parsons agreed he does not have the availability of time.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
L. Appoint Commissioner to the Board Member Review Committee.
Mayor Borno nominated Commissioner John Fletcher to fill the position as Chairman
of the Board Member Review Committee for one year.
Motion: Auuoint John Fletcher as Chairman to the Board Member Review
Committee for none-veer term.
Moved by Borno, Seconded by Parsons.
Commissioner Parsons congratulated Mayor Borno on the great job he did while he
served as Chairman and stated he hopes Commissioner Fletcher follows in his
footsteps because that Committee really did a good job of picking out some great
people for our boards. Mayor Borno stated the thing to keep in mind is that it is part of
the responsibility of the Commission to keep the Board Member applications with
them so they can give them to people they meet.
Votes:
Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods
Nay: 0 -
MOTION CARRIED
November 23.2(109 REGULAR COMMISSION MEETING Pate 10
City Manager 9. City Manager
A. City Manager's Report
None.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney City Clerk Bartle
• Wished everyone a happy and safe Thanksgiving.
Commissioner Daugherty
• Recognized the efforts of Donna Bagby and the Dog Park Committee. He also
stated he believes the Hopkins Creek location is ideal because it has a fence,
fountain, and electricity and there is very little work that needs to be done. He
stated it is also more centrally located. He requested staff prepare a report
regarding the feasibility for this location. It was the consensus of the
Commission to have staff prepaze a report to bring back to the Commission.
Commissioner Parsons
• Read the reworded plaque he proposed for "In Search of Atlantis" and asked if
the Commission approved this version. Commissioner Fletcher did not agree
to listing the names, because when you list you omit, and stated he does not
feel the plaque is necessary. Commissioner Parsons stated he would work with
the City Manager on this and bring it back to the Commission.
Commissioner Woods
• Stated Maria Mark, in her absence, asked her to personally thank the
Commission for their help with the MarshFest.
• Stated the Atlantic Beach Toy Drive is beginning after Thanksgiving and
anyone who would like to donate toys can bring them to the Atlantic Beach
Fire Station. She asked that they bring new, unwrapped toys and if they would
like they can donate wrapping paper also.
• Wished everyone a Happy Thanksgiving.
Commissioner Fletcher
• Wished everyone a Happy Thanksgiving.
• Stated he believes the dynamic of the dog park has been changed by wanting to
move it to Hopkins Creek. He stated he was super enthusiastic about what the
dog park would have done for Tideviews and is really disappointed to see the
focus shift to Hopkins Creek. He stated if this location is changed they really
need to find another way to stimulate Tideviews and attract more people with
good intentions to it.
Mayor Borno
• Distributed a summary of the Florida League of Cities Legislative Conference
he recently attended and pointed out some of the highlights of the meeting.
November 23.2009 REGULAR COMMISSION MEETING Page 11
• Stated Beaches Fine Art Series sent a thank you for the $3,000 donation from
the City.
• Wished everyone a Happy Thanksgiving and reminded everyone of the tree
lighting on December 5.
• Asked the Commission to read Section 2-19 in the City Code and become
familiaz with it, as he is going to tighten up on the meetings and start following
the guidelines of the Code for Commission meetings. He stated we can deviate
if there is a necessity, but as a rule he wants to follow the guidelines.
• He and the City Manager will be meeting with Senator Thrasher and other
legislators in the neaz future regarding issues important to the City.
Adjournment There being no further discussion, the Mayor declazed the meeting adjourned at 8:15
p.m.
Mike Borno, MayorlPresiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk