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Draft Min 8-9-10MINUTES REGULAR CITY COMMISSION MEETING August 9, 2010 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Commissioner Jonathan Daugherty City Manager Jim Hanson Commissioner Paul Parsons City Clerk Donna L. Bartle Commissioner Carolyn Woods ABSENT: Mayor Pro Tern John L. Fletcher (Excused) Recording Secretary Nancy E. Bailey (Excused) Call to Order/Pledge Mayor Borno called the meeting to order at 6:02 p.m. Mayor Bomo gave the Invocation, followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of July 26, 2010. Motion: Approve the minutes of the Regular Commission Meetina of July 26, 2010, as written. Moved by Parsons, Seconded by Daugherty Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION 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. Mayor Borno announced that Item 8C has been removed from the agenda and will be considered at the next meeting. A. Presentation of the "Shining Star Award" to Ingrid McCawley. Mayor Borno introduced Ingrid McCawley and presented her with the Shining Star Award for her tireless and noble dedication through her volunteer activities with the City since the late 1990s. Ms. McCawley explained her reasons for volunteering and encouraged others to participate and bring their ideas to the City, stating they can make a difference. Trevor Richter, 457 Snapping Turtle Court West, addressed the Commission regarding whether the City should be closing Buccaneer and putting in a force main. He stated he believes the phase out of Buccaneer and new pipeline is being rushed and may not be our best financial solution. Aueust 9 2010 REGULAR COMMISSION MEETING Pace 2 No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. Unfinished Business 3. Unfmished Business from Previous Meeting from Previous A. City Manager's Follow -up Report. Meeting Mr. Hanson addressed the question from the last Commission meeting regarding the Ordinance abandoning a portion of Walter Road. He stated it was asked whether the abandonment of that platted unopened street went just along the edge of the property owned by the church or went all the way to the end of that unopened street which ends at the Public Works lot. He stated as the Ordinance is written it is to be abandoned the entire length going to the Public Works yard, which he pointed out on a slide. 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 the New Local Business Tax Receipts issued in July 2010. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Item A as read. Moved by Parsons, Seconded by Daugherty. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 10-10 — Public Hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND PROGRAM; ESTABLISHING A COMMITMENT TO IMPLEMENT THE FACILITIES PLAN TO UPGRADE WASTEWATER TREATMENT PLANT NO. 1 TO MEET ADVANCED TREATMENT STANDARDS FOR NITROGEN REMOVAL TO MEET THE TOTAL MAXIMUM DAILY LOAD FOR NITROGEN Mayor Borno read Resolution No. 10 -10 by title. August 9.2010 REGULAR COMMISSION MEETING Page 3 Public Utilities Director Donna Kaluzniak explained the resolution is required in order to apply for funding from the State Revolving Fund Program. She stated this is an adopting resolution stating the City Commission endorses the facilities plan. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Motion: Approve Resolution No. 10-10 as read. Moved by Parsons, Seconded by Daugherty. Commissioner Woods asked why this requires a public hearing. Mr. Hanson stated the State Revolving Fund people prefer to have a public hearing in case someone has input on it. Commissioner Woods also asked what Project Number WW16071 consists of Ms. Kaluzniak explained that is for the wastewater treatment plant #1 upgrade. Mr. Hanson further explained this would allow the City to borrow some of the money, if approved, for this project at slightly over 2% rather than 4.2 % -5% through private financing from the banks. Ms. Kaluzniak further stated they are just trying to get prepared in case the funds are available. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 65- 10 -36, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING AND ABANDONING A PORTION OF WALTER ROAD, AND PROVIDING AN EFFECTIVE DATE. Mayor Bomo read Ordinance No. 65 -10 -36 by title. Motion: Approve Ordinance No. 65 -10-36 as read. Moved by Woods, Seconded by Parsons. Mr. Hanson explained this Ordinance is for the proposed abandonment of a piece of unopened Walter Road, requested by Mt. Pisgah AME Church, which would allow them to expand the church without land locking those parcels to the east of the church. Mayor Borno opened the Public Hearing. Reverend Ruby Lowe, Robert Mt. Pisgah AME Church, 1915 Jordan Road, thanked the Commission and staff for their time spent in order to make this project successful. She stated their church is planning great things to help clean up the community and involve more of the youth. She also thanked Joyce Freeman, Chairperson of their Building Committee. She further stated the City will be receiving an invitation to the ground breaking ceremony. Aueust 9.2010 REGULAR COMMISSION MEETING Page 4 No one else from the audience spoke so Mayor Borno closed the Public Hearing. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED B. Ordinance No. 80- 10 -79, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES, UTILITIES, ARTICLE II, WATERWORKS SYSTEM, SEC. 22 -39, WATER SHORTAGES, DELETING THE SECTION IN ITS ENTIRETY AND REPLACING WITH SEC. 22 -39 WATER CONSERVATION, AND ADOPTING THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 80 -10 -79 by title. City Manager Hanson explained this is one of the items the Water Management District amended in the Consumptive Use Permit allowing us to adopt it by reference rather than using their exact language. He stated this is the last requirement they are requiring us to meet before they give us the paperwork on a $1 million grant that will go toward the construction of the wastewater plant. Ms. Kaluzniak stated they will have the paperwork for the grant for the next Commission agenda Motion: Approve Ordinance No. 80 -10 -79 as read. Moved by Parsons, Seconded by Daugherty. Commissioner Daugherty asked if the Water Management District can amend/change their 40C- 2.042, F.A.0 rule at any time. Ms. Kaluzniak stated they could amend it but it would have to have the same public advertisement and input that one of our rules would have. She stated that was one reason we wanted to do ours by reference so if they decided to change it in the future we would not have to keep changing our Ordinance. Mayor Borno asked if heat pumps are addressed. Ms. Kaluzniak stated the District has a list of people who use the water from these as a discharge and they are allowed to irrigate with that water. Mayor Borno asked that she flag that for the next meeting. Mayor Borno complimented City Manager Hanson on his letter sent to Senator Thrasher regarding this issue. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED Mayor Borno recognized our newest Public Service Commission member Art Graham who was in the audience. Autust 9, 2010 REGULAR COMMISSION MEETING Pate 5 C. Ordinance No. 20-10 -105, 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 -105 by title. City Manager Hanson explained the Commission approved the plans for Veterans Park in April and since then several of the veterans groups have been working to promote improvements to the park. He stated a funding commitment was obtained from the City of Jacksonville for $50,000, as well as $12,500 from the VFW and $12,500 from the Oceanside Rotary Club. He stated the total expenditure in this budget amendment is for $75,000, which includes revenue of equal value. He stated, per discussions in the budget workshops, the Commission may also want to amend the ordinance to include implementation of the second phase of the holiday decorations started last year which will cost $36,900. He stated the Town Center Agency has offered to give the money to the City to do this so he would suggest adding to this budget amendment both a revenue and expense for $36,900 so they can proceed with the holiday decorations. Motion: Amend Ordinance No. 20-10 -105 to include $36,900 in both revenues and expenses for Town Center decorations. Moved by Parsons, Seconded by Borno. Commissioner Daugherty stated he would prefer to keep the items separate, as his questions expressed in the budget workshop have not been answered yet regarding some of the things the Town Center is going to do. He stated he wants to vote for this ordinance but does not want to have this item attached. He stated he sees the proposed lifeguard stands all around town center, which is an area of high alcohol use, as a potential problem. Mr. Hanson stated Human Resource Manager George Foster has checked and we have liability coverage for those chairs. He stated Public Works Director Rick Carper was getting with the company that would be building the chairs to have them make them in some fashion so people would be discouraged from climbing them. He stated they have not received a final answer yet regarding how they could do that. Mayor Borno stated the amendment is only to include the $36,900 in revenues and expenses, not the design. He stated they have two more weeks to talk about the design and adjustments that may be needed. Discussion ensued and it was the consensus of the Commission to vote on the amendment. Votes: Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED Motion: Approve Ordinance No. 20 -10 -105, as amended. Moved by Daugherty, Seconded by Woods. Votes: August 9, 2010 REGULAR COMMISSION MEETING Page 6 Aye: 4 — Borno, Daugherty, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Flood Insurance Rating Improvements. Building Official Mike Griffin summarized his staff report, explaining the results of our audit of our Community Rating System program by the Insurance Service Organization. He stated the audit improved our insurance classification rating from a Class 8 to a Class 7. He explained each class reduction in our Community Rating System is an improvement of 5% in our insurance rates. Mayor Borno commended Mr. Griffin for the amount of effort put into this. He asked Mr. Griffin if his office can help citizens who call in determine what zone they are in and whether or not they need flood insurance. Mr. Griffin stated they could, using a map provided by FEMA for Duval County. He stated there is a link to this map on our website. B. Grant Updates. Assistant City Manager Thompson gave an overview of the grants he has successfully found since he became the Assistant City Manager in 2008, which amount to approximately $2 million. He gave an update to his staff report, stating as of Friday, Home Depot informed him they were not going to give us $2,500 for Veterans Memorial Park. Commissioner Parsons stated he had asked that this be put on the agenda because they have been criticized for Mr. Thompson's position and explained he was put in this position as a trial. He stated Mr. Thompson has been very diligent about getting these grants and has brought the City quite a bit of money. Mayor Borno thanked Mr. Thompson for being tenacious. C. Wastewater and TMDL Compliance Project RFP 07 -04 Change Order No. 4 - Construction Administration Services. Item 8C was pulled from the agenda earlier in the meeting and will be addressed at the next Commission meeting. 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 Commissioner Daugherty • Stated he will make a report on the Art in Public Places program at the next meeting. Aueust 9, 2010 REGULAR COMMISSION M EETING Nee 7 Commissioner Parsons • Stated he had also been approached about the Art in Public Places regarding painting the JEA boxes. He stated when he talked to JEA, their concern with having the boxes painted was for safety reasons and the fact that the box's warranty would be null and void if it was painted. • Reminded the Commission that the Teen Council is still under the umbrella of the Cultural Arts and Recreation Advisory Committee ( CARAC) and the Teen Council Advisor is decided by them and not the Commission. Mayor Borno explained that the CARAC would be represented on the Board Member Review Committee at the time when these people are interviewed and the Chair of the CARAC will be very instrumental. Commissioner Parsons asked if we have ever picked out a Teen Council representative. Mayor Borno answered that it has always been appointed by the Commission. • Commissioner Daugherty • Reported on the fundraiser with Dignity -U -Wear at the Atlantic Theatre last Friday, stating they raised a little over $2,200 which will provide 3 outfits for the 72 children identified by Gail Baker. Mayor Borno • Reported he will be attending the Florida League of Cities conference in Hollywood, Florida next week. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:21 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk