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Draft Min 3-22-10MINUTES REGULAR CITY COMMISSION MEETING March 22, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem John L. Fletcher City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Paul Pazsons Recording Secretary Nancy E. Bailey Commissioner Cazolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Mayor 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 of March 8, 2010. Motion: Auprove the minutes of the Regular Commission Meeting of March 8, 2010, as written. Moved by Fletcher, Seconded by Parsons. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. A. Proclamation-Helping Hands and Linking Arms Day of Service to Fill the Blood and Food Banks. Mayor Borno read the proclamation designating Saturday, Apri124, 2010, as a Helping Hands and Linking Arms Day of Service to fill the blood and food banks and presented the proclamation to Ruth Carrin, Multi-Stake Director of Public Affairs, of the Church of Jesus Christ of Latter-day Saints; Rich Roth, Bishop of the Beaches Church of Jesus Christ of Latter-day Saints; Odette Struys and Chuck Davis of the Blood Alliance; and Jack Morgan, CEO of the Florida Red Cross. Ms. Struys thanked the Commission and the Church of Latter-day Saints for including the Blood Alliance in their day of service and encouraged the audience to become blood donors by going to igiveblood.com and getting involved on April 24. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Steve Fouraker, 387 6t6 Street, expressed his concerns regarding the actions at the last Commission meeting. March 22.2010 REGULAR COMMISSION MEETING Pace 2 Jackie Beckenbach, 2210 Oceanwalk Drive W., commented on what happened at the last Commission meeting, quoting the definition of civility. She further discussed the Sunshine Law. Royce Keul, 1918 Jordan Street, addressed the Commission regarding the drug dealers, loud music late at night, and gun shots back and forth across his neighborhood, stating he needs help from the Commission and the Police to get that crime cleaned up. Mayor Borno asked Mr. Keul to get a cazd from Chief Classey and assured him he would get some results. Maria Mark, 1148 Linkside Drive, offered her support to Commissioner Woods stating she believes anyone who represents the citizens of Atlantic Beach should have the authority to question any actions that were approved based on insufficient/incomplete information and that should be investigated. Stephanie Taylor, 1122 Third St., Suite 5, representing the Board of Directors of the Beaches Women's Partnership, explained the Beaches Women's Partnership and how the Partnership can help the community. Harold Lipper, 800 West Monroe Street, representing the Estates of Atlantic Beach, discussed the issues and false accusations related to Michael Sones and the Estates of Atlantic Beach. Neil McGuinness, 1619 Beach Avenue, expressed his thoughts regazding the last Commission meeting and asked that these Commission meetings return to a more civil tone. Brian Sexton, 1667 Park Terrace West, stated you can get a lot more done with logic and reason than emotion and spoke in support of Michael Sones. Cindy Corey, 394 8th Street, addressed the Commission regazding the development, stating she does not believe it is in the best interest of this community. She questioned who else, besides Michael Sones, is part of the Estates of Atlantic Beach Limited Corporation. She further commented on discussions she had with the St. Johns Water Management District regarding the permitting of the project. She further suggested Mayor Borno appoint a review committee to discuss this issue. William Gulliford, 75 Beach Avenue, clarifying Mr. Fouraker's reference to the last two mayors, Mr. Gulliford asked that the record note that he was the interim Mayor before Mayor Borno and was not involved in whatever he was referencing and as to Mr. Fouraker's reference to "mob rule" he stated he wasn't suggesting any individual or groups of individuals were a mob, but that we aze governed by law and not by mob rule. He further discussed the Estates of Atlantic Beach issue, stating if people debate passionately but fairly and legally, you will not have these personal affronts and harsh feelings. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. March 22.2010 REGULAR COMMISSION MEETING Pace 3 Mayor Borno recognized former Commissioner Dezmond Waters, who was in the audience. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous A. City Manager's Follow-up Report. Meeting Mr. Hanson stated the tree surveys have been completed for the sewer line project and explained the blue dots on the trees on the right-of--way of Selva Marina Drive are to indicate they have been surveyed. He stated people must have misunderstood the blue dots, because they were painted by someone with red, white, and yellow arrows, hearts, etc. He explained none of these trees with blue dots will be removed. He further stated later this week a number of additional marks will be put on the pavement that will locate where the current underground utilities are so when they are putting in new pipes they will know where the existing pipes are and not hit them. Mr. Hanson stated his deepest desire about all of this is that we would all wind up learning a lesson in good government. He stated there have been a lot of good comments made by people tonight and believes everyone may be getting the message that we need civility and to be able to debate the issues calmly and professionally without a lot of personal attacks. Commissioner Parsons agreed with the civility issue. He stated, however, that was not a civil act that happened on Selva Marina Drive. He stated they were defacing the things they were talking about saving and it was very, very embarrassing to live in this community and see that on our trees. He stated the painting of the trees was totally uncalled for and he begged everyone to stop this because it is getting out of hand. He stated now it will cost the City to fix the vandalism and he is mad about it. He stated he is not accusing anyone but wished they would pass the word that this has to stop. 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 Monthly Building Department Report, Utility Sales Report and Financial Report for February 2010. B. Declare the list of property as surplus. Mayor Borno read the Consent Agenda. Motion: Anarove Consent Agenda Items A and B, as read. Moved by Fletcher, seconded by Parsons. March 22, 2010 REGULAR COMMISSION MEETING Page 4 Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 10-OS A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA FOR ASSISTANCE UNDER THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM (FOR TIDEVIEWS DOCK EXTENSIONBOAT LAUNCH PHASE II). Mayor Borno read Resolution No. 10-OS by title. David Thompson gave a presentation on the history of the Tide Views Dock Extension and Boat Launch. He stated Florida Inland Navigation District (FIND) approved Phase I, Design, Engineering and Permitting, for $95,000. He explained he has combined Item 6A with Item 8D which deals with the engineering for the project. He stated the estimates for design have gone from $95,000 to $61,535, for which he is asking the Commission's approval tonight. He stated they also seek approval to award the contract to Bowen Engineering to design this project. He stated Phase II which is the actual construction is estimated to be $211,563, which makes the entire project a total of $274,538.20. He explained FIND reimburses 50% of the approved cost after the City awards a construction contract. He stated the City's matching money will be paid from the Convention Development Tax or Bed Tax funding. He stated if the City is going to proceed with FIND and submit an application for Phase II to do the construction of this project in the upcoming year then they need this Resolution passed because without it he cannot get the application in on time, which is due next week. He further explained the second part of this is Item 8D, which is awarding the contract to Bowen Civil Engineering to do the design, engineering and permitting. Item 8D was taken out of sequence and acted on at this time. 8D. Authorization to contract with Bowen Civil Engineering, Inc. for the Design, Engineering and Permitting of Tideviews Preserve. David Thompson explained the negotiations with Bowen Civil Engineering explaining if they are going to proceed with this project they would recommend awarding the contract to Bowen. Mayor Borno stated in a strategic planning meeting, the improvements for all of these areas was a priority and improvements to the Tideviews area carried over into this past strategic planning so the public can utilize these areas. Mayor Borno asked for a motion to put 6A on the floor. Motion: Aanrove Resolution No. 10-05, as read and authorize the Mayor to sign the Resolution and subsequent naaerwork for administration of the Brant. Moved by Fletcher, Seconded by Parsons March 22, 2010 REGUL COMMISSION MEETING__ Page 5 Commissioner Fletcher stated when we acquired the River Branch Preserve one of the things we agreed to do was to open up public access which led, in 2009, to making it a strategic priority to secure whatever kind of grants we could get to achieve that objective. He stated this is the first step in accomplishing that and for that reason he supports it. Mayor Borno allowed a member of the audience to speak at this time. John November, 647 Beach Avenue, thanked the Commission for keeping the access to our marshland a priority. He stated as they move forward with this project they need to focus on the canoe launch being functional and make it fit into that viewscape. He stated he is very thankful to have had the opportunity to grow up in Atlantic Beach where there is such great parkland and public resources. He stated he would hope, in the future, we find a way to catalog our parkland and public resources to make sure some of the issues we have happening right now in our City don't occur again and so everyone will value that parkland moving forward. David Thompson stated Randy Dowling of Bowen Engineering was in the audience. He then showed several slides of designs for the canoe/kayak launch. Commissioner Parsons asked if they still plan on dredging. Mr. Hanson stated although they talked about dredging initially on this project, FIND did not agree to the dredging, because it fills back in naturally, and they believe a walkway out to the deep water is better. Mr. Hanson stated they had discussed a master plan for public access for the entire area but they have not been able to afford to do that yet and dredging may be a better alternative than some of the other accesses. He stated the intent was to have several access points for the public along the River Branch Preserve and dredging may be fine for some of those. Mr. Thompson stated they originally talked about dredging all the way up to the existing kayak/canoe launches but there were environmental concerns, it is more expensive and it has to be maintained. He stated getting a permit to run a dock across the top of everything has a minimal impact on the environment, while dredging would have a very significant effect and getting a permit would be very difficult. Commissioner Parsons asked if the launch could be used all the time. Mr. Thompson explained the tides, stating during a low Spring tide you would not be able to canoe through there but there are times that you could. Commissioner Parsons asked if there would be warning signs for low tides. Mr. Thompson stated he believed that would be appropriate. Mr. Hanson stated, not only will they put a sign out, there is a kayak trail guide, with a link from our website, and the regular tide information is updated in that. Commissioner Daugherty asked for clarification of the finances needed, which Mr. Thompson explained. Commissioner Daugherty stated when this initially came up, he was very excited about it. He stated he has been stuck out there at low tide. He stated he now has some concerns and showed slides of the area showing the depth of the water, which is only about 4 feet at high tide and dirt at low tide, where they want to put the fishing pier. He stated for these reasons he does not believe the fishing pier will work. Secondly, he showed videos of the area proposed for the dock and kayak launch. He stated he is in favor of extending the boardwalk so more people can enjoy the area, but instead of spending the money for a fishing pier and kayak/launch, he explained a suggestion for March 22.2010 REGULAR COMMISSION MEETING.. Pace 6 connecting Dutton Island to Tideviews. He stated he believes proceeding on this without a master plan for Tideviews and River Branch Preserve would be irresponsible. He stated in developing any project, you should have an overall concept that you want for the area instead piecemealing it together. He stated he would like to take a step back and take a look at the entire project and have a master plan for the Preserve before proceeding further. Commissioner Woods agreed, stating she believes a master plan is needed first so we will know what we aze creating is what will be the best use of the River Branch Preserve. Mayor Borno asked if the funds can be shifted to another project. Mr. Thompson stated FIND will not fund planning, and will not shift the funds over to a planning project. He stated FIND evaluates each project individually so it could be resubmitted. He stated if they stop the project now and do a master plan first, when that is completed they would go back to Phase I, Design, Engineering and Permitting, which is where we are right now and then FIND would make a decision at that time whether they are willing to fund that. He stated they don't reserve the money for us to use somewhere, each project is considered individually by FIND. Cammissioner Woods stated she was also concerned about where the finances would come from and believes we need to step back and re-evaluate the project. Mayor Borno stated if the Commission wants to go to a Master Plan, that will kill both of these items tonight and they will need to find the money to do the Master Plan. Commissioner Daugherty stated with the budget challenges we aze going to have this yeaz and next, is it wise to spend this money on something that nobody uses right now and is this something that will encourage people to use Tideviews. He stated he does not believe it will. He stated they aze talking about spending a lot of money on something that is accessible only during certain parts of the day and during certain parts of the year and to him that is not very wise, even though we are getting a good portion of it back from FIND. He stated due to the fact that the water is just not there, he can't see voting for it. Commissioner Fletcher asked for clarification from David Thompson if FIND's approval of the grant money constitutes an opinion as to whether or not this is going to be a dock to nowhere. Mr. Thompson stated FIND does not express an opinion about some of the concerns Commissioner Daugherty brought up; they typically are big proponents of adding public access by water. He stated this meets the criteria they aze looking for as faz as trying to provide more water access to people with canoes/kayaks who choose to use that park and the amenities, encouraging ecotourism, fishing, etc. He stated they don't measure the depths to say how much they believe it will be used, but if they did not believe there was some merit to it, he does not believe they would have approved it. Mayor Borno thanked staff stating they have done what the Commission directed them to do and the Commission now needs to determine if this is something they believe is acceptable in this particular condition or do they want to wait until they have a master plan to do anything out in the Tideviews azea and start over from square one. Commissioner Daugherty stated he wants to see a master plan first for the entire project. March 22, 2010 REGULAR COMMISSION MEETING Page 7 Votes: Aye: 2 -Fletcher, Parsons Nay: 3 - Borno, Daugherty, Woods MOTION FAILED Motion: Disaanrove contracting with Bowen Civil Engineering for $61,535 20 as noted in the attached aroaosal for Conceatual Design and Final Design Moved by Fletcher, Seconded by Parsons Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION PASSED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 31-10-09, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA ADOPTING EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS TO THE GOALS, OBJECTIVES AND POLICIES (GOPS) OF THE COMPREHENSIVE PLAN AND ALSO ADOPTING A NEW MAP SERIES INCLUDING THE 2010- 2020 FUTURE LAND USE MAP; PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF FACT; FINDINGS OF CONSISTENCY; SEVERABILITY AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 31-10-09 by title. Motion: Apurove Ordinance No. 31-10-09. as read. Moved by Parsons, seconded by Woods. Community Development Director Sonya Doerr summarized her staff report and explained the adoption process for the Evaluation and Appraisal Report. She stated, if adopted tonight, it will be sent to the Department of Community Affairs, who will review it and issue a Notice of Intent to find it in compliance and then it becomes effective. Mayor Borno opened the Public Hearing. No one from the audience spoke, so Mayor Borno closed the Public Hearing. Commissioner Woods stated this has been a long process and she believes Sonya has done a great job. Commissioner Fletcher asked Ms. Doerr to summarize the changes to the FLUM. Ms. Doerr explained the two changes were to designate the beach as recreation and open space and to designate Tideviews as recreation and open space. Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED March 22.2010 REGULAR COMMISSION MEETING Pa e g B. Ordinance No. 20-10-102, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Borno read Ordinance No. 20-10-102 by title. Mr. Thompson explained this is for a local mitigation strategy grant application submitted last year, thanking Donna Kaluzniak and Rick Carper for their help on this grant. He stated this is fora $400,000 wastewater project in the Salt Air subdivision, which he explained. He stated this relates to Item 8B. Motion: Approve Ordinance No. 20-10-102. as read. Moved by Woods, seconded by Fletcher. Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business Item 8B was taken out of sequence and acted on at this time. B. Local Mitigation Strategy Grant Acceptance: Salt Air Gravity Sewer Rehabilitation Project. Motion: Approve the acceptance of this grant, Project Number 1785-038-R. City of Atlantic Beach, Duval County, Salt Air Gravity Sewer Rehabilitation Project and authorize the Mayor to site the contract and the subsequent pauerwork for the administration of this Brant. Moved by Fletcher, Seconded by Woods Votes: Aye: 5 -Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED A. Requests from Bishop Golden to use Jordan Pazk for Gospel in the Pazk event. Mr. Thompson explained this was brought back from the last meeting where the Commission asked if it would present a hazdship for Bishop Golden if they included the language that the money received for the sale of food would go only towazd either paying for the event or youth programs. He stated Bishop Golden told him it would not because that was what the money was going to be used for. Mr. Thompson stated the Commission also approved the use of the Jordan Pazk Community Center without charge and allowing food vendors in the park. He stated the stage was not approved. Bishop Golden thanked the Commission for considering and approving the Gospel in the Pazk festival and his requests. He, personally, invited all of the Commission to come out to the event. March 22.2010 REGULAR COMMISSION MEETING Page 9 Motion: Aaarove the Bishoa Golden's requests with the amended language that the money received for the sale of food would go toward either saving for the event or youth urograms. Moved by Woods, Seconded by Fletcher. City Manager Hanson explained although the City does not normally allow sales from private events in City pazks, this is a notable exception because it is in a target azea where the Commission wants to build the neighborhood. He stated Bishop Golden has worked with City staff in putting on public events to bring people out to inspire some community belonging. He stated this contributes very closely to one of the strategic goals the City Commission set. He congratulated Bishop Golden for all of his work in helping to bring that community together. Bishop Golden stated the event will be held on May 1 at 9:00 a.m. starting with a 2- mile walk azound the community. Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Local Mitigation Strategy Grant Acceptance: Salt Air Gravity Sewer Rehabilitation Project. This item was taken out of sequence and acted on earlier in the meeting. C. 2009 Annual Report of Recreation and Special Events Department. Recreation and Special Events Director Timmy Johnson thanked his staff Karen Kempf, Gail Baker and Dee Davis for their great work and the outstanding job they do on a daily basis. He further thanked the members of the Cultural Arts and Recreation Advisory Committee and the volunteers for their hard work put into the events. He summarized his annual report, noting the events held and those that will be held. He introduced Jolyn Johnson, Chairperson of the upcoming Arts in the Park event who further explained the event and invited everyone to come to the event on April 24. She also stated they need more volunteers and asked them to contact either Timmy Johnson or herself. She thanked Commissioner Daugherty for volunteering. Commissioner Woods stated she believes Ms. Johnson did a great job and she could put her on the volunteer list again. Mayor Borno thanked Ms. Johnson for her coordination of the Arts in the Park event, stating she does a great job. Commissioner Parsons agreed stating Timmy Johnson has done a great job. D. Authorization to contract with Bowen Civil Engineering, Inc. for the Design, Engineering and Permitting of Tideviews Preserve. This item was taken out of sequence and acted on earlier in the meeting. March 22.2010 REGULAR COMMISSION MEETING Paee 10 E. Change Order No. 3 to J. Collins Engineering Associates, LLC contract for the City's Final Design for Wastewater and TMDL Compliance Program (RFP 07-04) in the amount of $10,096. Donna Kaluzniak explained this change order, stating it was for sludge handling, which had not been included in the design for the TMDL treatment plant work. Motion: Auprove Change Order No. 3 to TMDL Final Design En~ineerina Contract RFP 07-04 Moved by Parsons, Seconded by Fletcher Commissioner Parsons asked Ms. Kaluzniak what the balance was on this project. She explained there were a couple of lift station upgrade projects that were over-budgeted, and she was planning to use that money to fund this change order. Votes: Aye: 5 - Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report City Manager Jim Hanson reported the City received $1,000 from last year's Marsh Fest event. He further explained the Building Code Grading Schedule stating the insurance services office evaluates City Fire and Building Departments and assigns classifications to them. He stated the City's Building Department was recently re- evaluated and they received a Class 3 rating which results in an insurance cost savings. He also reported on a list of grants that have been awarded and those pending, which he gave a copy of to the Commission. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Daugherty • Reported on Dutton Island kayak launch and asked staff to provide a feasibility report to put in another launch on the north side of the island, adjacent to the existing fishing pier. He stated he would also like to look at the possibility of putting an additional fishing pier out there. • 75 West 10th Street has gotten worse since the last meeting. He stated West 10`~ Street is a major point of ingress into the entire community over there. He stated when the resident was told they couldn't park in their yard, they parked all their vehicles, trailers, etc. out on the road, which blocked traffic. He stated we should be stricter on the codes in cases like this individual. Commissioner Fletcher • Does not support directing staff to evaluate kayak launches or docks and believes the idea of pursuing a master plan is a great idea and these things should be done within the confines of a master plan. March 22.2010 REGULAR COMMISSION MEETING Page 11 Commissioner Parsons • Stated Atlantic Beach has some of the most stringent water restrictions of any other city in the State of Florida, especially regazding the Building Codes. He stated he believes the restrictions aze necessary but maybe we could do some kind of trading out with these citizens who are building. He stated he would work with Mr. Hanson to see what could be done as faz as a swap for tree mitigation, etc. Commissioner Woods • Commended City Clerk Donna Bartle and her Administrative Assistant Nancy Bailey for their extreme professionalism during this entire process, stating they have exemplified civility. • Asked Mr. Keul to stay after the meeting and she would talk to him about his request. City Attprney Jensen • Needs direction from the Commission on how to respond to the letter from the attorney for the Estates of Atlantic Beach requesting a response from the City. He recommended it be made an agenda item at the next meeting and they address the issues so the Commission can tell him how to respond. Mayor Borno stated they will add that as an agenda item for the next meeting. Mayor Borno • Stated he and the City Manager will be addressing several topics when they go to Tallahassee tomorrow to meet with the elected representatives and if there are items other than what is on the list he distributed please give them to the City Manager. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:21 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk