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Draft Min 9-27-10 MINUTES REGULAR CITY COMMISSION MEETING September 27, 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 Parsons Recording Secretary Nancy E. Bailey Commissioner Carolyn Woods Call to Order/Pledge Mayor Borno called the meeting to order at 6:01 p.m. Commissioner Daugherty gave the Invocation, followed by the Pledge of Allegiance to the Flag. Mayor Borno stated Mayor Pro Tem Fletcher represented the City at the Beaches Women's Partnership event and they presented a plaque to the City in recognition of our support. He also recognized three of his former shipmates, CAPT Marty Zenni USN Retired, LCDR Griswold USN Retired, and CDR Jack Taylor USN Retired who were in the audience. Approval of Minutes 1. Approve the minutes of the Regular Commission Meeting of September 13, 2010. Motion: Approve the minutes of the Regular Commission Meeting of September 13, 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. Mayor Borno opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. John November, 647 Beach Avenue, addressed the Commission regarding the Marsh Preservation Society meeting. He stated they would like to see Atlantic Beach become a partner in the future in having an annual event on the marshes. He stated they are hoping Atlantic Beach may consider taking an increased role in making this event something they can be really proud of. He proposed that the Commission discuss this to see what may be possible. He stated they hope to have the best Marsh Fest ever in 2011. Scott Melville, 109 Natures Isle Drive, Ponte Vedra, addressed the Commission regarding Consent Agenda Item 4C and urged the Commission not to approve the contract for recreational programs. He stated he believes he could bring expanded September 27, 2010 REGULAR COMMISSION MEETING Page 2 programming to Atlantic Beach and would like to be considered for a contract with the City. Dee Reiter, 1798 Selva Marina Drive, addressed the Commission regarding an email she sent to Commissioner Woods. She stated she is asking that all allegations on the alleged misconduct by everybody else on the Commission, the City Attorney and the City Manager stop because she believes it is not serving any purpose whatsoever except to interfere with the ability of the Commission, the City Attorney and City Manager to do their jobs. She further stated a lot of the allegations have been centered around the Estates of Atlantic Beach project and the pipeline and those things have been thoroughly discussed, vetted, and voted on and just because you don't agree with a vote doesn't mean you have the right to keep bringing it up time after time. She further stated she received a reply from Commissioner Woods but that she missed the point in her reply. Ms. Reiter stated she did not imply that her continued questioning of the pipeline project is distracting of our City's image, her point was that Commissioner's Woods' continued questioning is distracting to the ability of everybody else and her to govern the City. She stated as one of Commissioner Woods' constituents, she was asking that she please stop continually questioning everything as if everybody up there is against you and you are the only one who is looking out for the rest of the City. Bob Castro, 412 Ocean Blvd., stated although he and Commissioner Woods have not agreed on many issues, he has respect for her position, feelings and passion but, as Ms. Reiter indicated, this cannot go on. He stated Commissioner Woods cannot have distrust among the same team members and if she feels so passionately about this the only thing to do is resign. 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 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 Monthly Financial Reports for August 2010. B. Declare the list of property as surplus. C. Authorize the City Manager to enter into a contract with ABAA, ABET, Brecht Catalan, and Linda White to provide recreational programs at City facilities. September 27, 2010 REGULAR COMMISSION MEETING Page 3 D. Award the Beach Cleaning contract (Bid No. 0910 -17) to Beachcombers North, Inc. in the amount of $32,916.00 for one year, from October 1, 2010 through September 30, 2011. E. Award the contract for street sweeping of FDOT Roads, City Streets, Public Works Yard and City Hall (Bid No. 0910 -15) to USA Services for a total of $25,800.00 a year starting October 1, 2010. F. Extend the contract (Bid No. 0809 -05) with R & D Landscape & Irrigation for one year at the rate of $58,140.00 for Streets and $63,492.00 for Parks for a total cost of $121,632. Mayor Borno read the Consent Agenda. Commissioner Woods pulled Item C. Motion: Approve Consent Agenda Items A, B, D, E, and F as read. Moved by Parsons, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Woods asked whether Mr. Melville had approached the City prior to tonight about entering into an agreement with the City and if we have a method to invite other instructors who could offer activities at our parks. Assistant City Manager David Thompson stated Recreation Director Timmy Johnson spoke to Mr. Melville previously. Mr. Thompson stated of the organizations we have, the organization or person under contract will provide opportunities for inclusion and participation for low income residents who may not otherwise be able to participate. He stated he is not aware of any offer on Mr. Melville's part to do that. He stated Mr. Melville was offered space in Donner Park, which he declined. He stated he is agreeable to speaking with Mr. Melville directly to see what he has to offer that goes beyond using City facilities to make a profit. In each of the cases of the people we contract with, there is something the City and community gets back in return. He stated he does not see where having a discussion with Mr. Melville is necessary before approving the existing contracts on the agenda. Commissioner Woods asked for clarification that, if these contracts are approved tonight, it does not mean they are exclusive of other opportunities for people out there. Mr. Thompson stated that was correct, as there was nothing that would preclude us from entering into some sort of contract with Mr. Melville at a future date. Motion: Approve Consent Agenda Item C as read. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED September 27, 2010 REGULAR COMMISSION MEETING Page 4 Committee Reports 5. Committee Reports A. Proposal for "Art in Public Places" from CARAC. Commissioner Parsons stated, for what Jolyn Johnson wants to do, Atlantic Beach Public Arts Commission is an avenue they can use so they can have an opportunity to go through a 501c3 corporation to collect money and be tax deductible. He stated he believes this is a great project. He asked for the Mayor's support to help with this project. Jolyn Johnson, Cultural Arts and Recreation Advisory Committee, (CARAC) addressed the Commission explaining the proposed project, Art in Public Places. She stated CARAC will choose artists by criteria such as artistic excellence, innovation and originality, level of experience in doing this type of project, having a good understanding of the project and the ability to maintain the project. She further stated the artist will be asked to provide the art as a gift to the City. She stated she will manage this project with the assistance of other CARAC members. Dale Hatfield showed slides with examples of both painted and unpainted boxes in Jacksonville Beach, and explained how art on these boxes does reduce the tagging vandalism of the boxes. Commissioner Woods stated she believes this is great idea and appreciates their continued efforts to bring culture into our lives. Commissioner Fletcher agreed and asked if anyone had approached JEA to see whether they are favorable to having their boxes painted. Mr. Hanson stated several people have asked JEA and all have been turned down. Mr. Hanson stated the other option would be Bell South and they have also talked about possibly painting lift stations, which staff has not found a problem with, but their original intent was to paint the electrical or utility boxes, but we don't have any control over those. Mayor Borno asked if having the overall Commission approach JEA and Bell South might help. Mr. Hanson stated it may help with Bell South but JEA seemed to be impervious to much public input from us in the past. Ms. Johnson stated they would like to start with the lift station by Donner Park. She further stated the Commission will have the final decision on selecting the artist and location. Motion: Approve the project in principle, before any specific locations are proposed, and have them work with the Cultural Arts & Recreation Advisory Committee. Moved by Fletcher, Seconded Parsons Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Resolutions 6. Action on Resolutions A. Resolution No. 10-13 September 27, 2010 REGULAR COMMISSION MEETING Pa 2e 5 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA RESCINDING ALL PREVIOUS LEGISLATION REGARDING THE ATLANTIC BEACH TEEN COUNCIL AND CREATING A NEW TEEN COUNCIL; PROVIDING FOR QUALIFICATION; SPECIFYING PURPOSE AND DUTIES; AND FOR PROVIDING AN EFFECTIVE DATE. Mayor Borno read Resolution No. 10 -13 by title. Motion: Approve Resolution No. 10 -13 as read. Moved by Parsons, Seconded by Woods. City Manager Hanson explained the background and history of the Teen Council. He stated this Resolution rescinds all previous Resolutions, adds provisions requiring the Teen Council membership to reflect diversity in race, gender and geographic area, and has a sunset provision requiring termination in one year unless reauthorized by the Commission. He stated the Resolution also includes residency requirements that the teen members must be residents of Atlantic Beach, but the adult advisor has never been required to be a resident and that remains the same in this Resolution. He further stated the Resolution includes a statement that the Teen Council should work through the Cultural Arts and Recreation Advisory Committee as they have in the past. Mayor Borno opened the floor for Public comments. No one addressed the issue so he closed the floor to comments. Commissioner Woods asked to add another item under Section 3 — Purpose, "to promote knowledge of civic organizations and encourage involvement of future generations in their communities." Mayor Bomo agreed stating this puts some focus that they should learn about civics, in addition to having events. Motion: Amend motion to add under Section 3 — Purpose that, The Council is created to achieve three purposes. The first is to promote knowledge of civic organizations and encourage involvement of future generations in their communities. The second and third remain as originally written. Moved by Woods, Seconded by Borno Answering a question from Commissioner Fletcher about whether this means they would work for political campaigns, etc., Mayor Bomo stated the way he sees this would be that in a part of their meetings they would learn about civics and understanding the community, i.e. what our charter is, etc., not the Council getting involved in political campaigns. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Woods asked if there will still be a teen member on the Cultural Arts and Recreation Advisory Board. Mayor Borno stated that was deleted at the recommendation of CARAC. Mr. Hanson stated it is possible to have one there, but it September 27, 2010 REGULAR COMMISSION MEETING Page 6 is no longer required. Mayor Borno added that it would not be a voting position, but they are always welcome to attend and give input. Mayor Borno asked for a vote on the original motion as amended. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Resolution No. 10 -14 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, CONSTRUCT A FORCE MAIN TO PUMP FLOW FROM WASTEWATER PLANT NO. 2 TO WASTEWATER PLANT NO. 1, AND PHASE OUT WASTEWATER PLANT NO. 2 TO MEET THE TOTAL MAXIMUM DAILY LOAD FOR NITROGEN. Mayor Borno read Resolution No. 10 -14 by title. Motion: Approve Resolution No. 10-14 as read. Moved by Fletcher, Seconded by Parsons. Utility Director Donna Kaluzniak explained the Commission already approved a similar Resolution which only included the Wastewater Treatment Plant work because they thought they were going to be moving ahead very quickly with the force main and were unsure if there was sufficient funding for the entire project. She stated DEP will have sufficient funding so they will now apply for the entire project to be funded by the State Revolving fund. She stated the State Revolving Fund saves approximately 2% on the interest rate which, on a project of this size, equates to approximately $72,000 /year, although that will depend on the actual bid prices because they won't borrow any more than what the project turns out to be. She explained to apply for the entire project they also had to have a resolution that supports the entire project, which is what this resolution is for. Ms. Kaluzniak asked that the floor be opened to public comments. Mayor Borno opened the floor to the Public for comments. No one addressed the issue so he closed the floor to comments. Commissioner Daugherty asked why the City chose to close the Buccaneer plant rather than the plant in the middle of the City. Mr. Hanson explained the Buccaneer plant is not large enough to treat all the wastewater, plus the tanks there are past their useful life. Ms. Kaluzniak agreed that the Wastewater Treatment Plant No. 1 is larger and the tanks are newer. Mr. Hanson further discussed the sludge treatment and odor emitted from the treatment plant. September 27, 2010 REGULAR COMMISSION MEETING Page 7 Commissioner Woods stated she understands it is more cost effective to bring all the effluent into the City and close Buccaneer but she believes what has been overlooked is the long -term cost of having all the effluent treated in the City and what that does to that neighborhood. She believes it affects the quality of life in the neighborhood and the long -term development potential. Commissioner Fletcher asked if a vote for this Resolution is a vote to save approximately $1 million over the life of the loan. Ms. Kaluzniak stated that is correct. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1 - Woods MOTION CARRIED C. Resolution No. 10 -12, Public Hearing and Final Reading on adopting a Millage Rate A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011; STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED -BACK RATE; AND, PROVIDING AN EFFECTIVE DATE. Mayor Borno stated this is the adoption of the millage rate by Resolution No. 10 -12. He stated the Tentative Millage Rate is 3.1553; the Roll —Back Rate is 3.2898; and the Tentative Millage Rate is 4.09 percent less than the Roll -Back Rate. He further explained the purpose for adopting the millage rate of 3.1553 is to maintain a level of ad valorem tax revenue sufficient to maintain adequate funding for the existing level of services at anticipated increased cost and to continue to maintain the City's infrastructure. Motion: Adopt Millage Rate for Operating Purposes of 3.1553 (Resolution No. 10 -12). Moved by Parsons, Seconded by Woods. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Fletcher pointed out there is no increase in the ad valorem rate. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances September 27, 2010 REGULAR COMMISSION MEETING Page 8 A. Public Hearing and Final Reading on Ordinance No. 20 -10 -105 establishing the Operating Budget for Fiscal Year 2010/2011. AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. Mayor Borno read Ordinance No. 20 -10 -105 by title. Motion: Adopt Ordinance No. 20 -10 -105 establishing the Operating Budget for fiscal year 2010/2011 of $35,411,428. Moved by Fletcher, Seconded by Parsons. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Woods pointed out that on Schedule A it looks like we are pocketing $2.8 million. She stated when you subtract the revised budget expenses from the revised budget revenues there is a $2,887,754 surplus and asked what that was about. Mayor Borno stated that is the cash reserves. Mr. Hanson stated he believes the biggest piece of that is from moving all the construction, the line and the financing for the wastewater plant into next year's budget and believes the difference in the two is from paying the General Fund back the money that was borrowed for the various projects. Finance Director Nelson Van Liere stated revenues don't equal expenses to begin with so when you balance your budget you are using cash balances forward from the previous year. He stated we moved some debt into next year that didn't happen this year and some project costs were left behind. He stated they are trying to capture the budget on a specific day but it is using two years of funds in this project and becomes kind of confusing. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1- Woods MOTION CARRIED B. ORDINANCE NO. 80-10-80, Public Hearing and Final Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22 -27 CHARGES FOR WATER SERVICE, TO DELETE OLD RATES FROM THE RATE TABLE IN THE CITY CODE: AMENDING ARTICLE III WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND CHARGES, SECTION 22 -166 MONTHLY WASTEWATER BASE FACILITY CHARGES TO INCREASE RESIDENTIAL AND COMMERCIAL BASE CHARGE RATES AND DELETE THE OLD RATES; AND AMENDING SECTION 22 -167 SCHEDULE OF WASTEWATER VOLUME CHARGES TO INCREASE THE RATES FOR WASTEWATER VOLUME CHARGES FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS AND DELETE THE OLD RATES. Mayor Borno read Ordinance No. 80 -10 -80 by title. Motion: Approve Ordinance No. 80 -10 -80 as read. Moved by Parsons, Seconded by Fletcher. September 27, 2010 REGULAR COMMISSION MEETING Page 9 Mayor Borno opened the Public Hearing. Mark Tomaski, 448 Snapping Turtle Court West, stated that although our millage rate is staying the same, he is concerned that we may be passing that off in a different tax. He stated since we are going to raise the rates on these utilities, this is a regressive tax that will affect those who have less income, as well as businesses. He stated he was even more concerned about businesses that may want to come here, such as restaurants. He stated the vote tonight is just for this year alone but when he was looking at the projections during the budget meetings it looked like there was an increased surcharge every year. No one else from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Fletcher clarified we were not increasing water rates but just sewer rates. He asked if the increase in the sewer has not been planned for years. Mr. Hanson stated we anticipated increases related to the TMDL project and the Commission adopted a three -year rate increase, which ended last October 1, to give us enough bond coverage to pay for the principle and interest for the project. He stated this additional rate is largely because customer usage continues to decline. He further stated the ten -year plan does not show 9% increases in the future, but rather inflationary increases and some small amount of growth that they calculate into the system. Commissioner Fletcher pointed out that on the front page of the business journal it stated JEA is going to have to double their sewer rates shortly because of compliance with environmental unfunded mandates. He stated we have been building this in for a couple of years now. Commissioner Woods stated the last time this was discussed, the concept of regressive tax came up and Commissioner Daugherty had questions. She referred to a handout she gave to the Commission, stating it shows these fees are a higher percentage for households with lower incomes than those with higher incomes, which is basically what the regressive tax is. She stated the economy has been hard on a lot of people, especially those with lower incomes. She further stated, looking at the demographics for zip code 32233, 34% of the households in our service area earn less than $30,000 /year. She stated at a monthly rate for water, sewer and garbage of $59, that represents 2.35% of service customer's wages for the lower incomes. She stated for a $75,000 income it represents .07% and for a $150,000 income it represents .004 %, which is where the regressive tax concept comes in. Commissioner Daugherty stated he fully understands that but when he goes to get his car tag renewed, they don't ask him how much he makes. He stated this is a fee and we all use sewer and he believes it should be an equal charge. Commissioner Woods stated these are requirements that people have for living; they don't have to have a car and pay that fee, but to have water and indoor plumbing is pretty much a requirement and necessity of life today. She stated when you are increasing the fees for the basic necessities that's when it becomes regressive. She stated, therefore, she is not sure this is the right way to go. September 27, 2010 REGULAR COMMISSION MEETING Page 10 Commissioner Fletcher stated he did not agree; he believes user fees are the best way to support this. Mr. Hanson stated he does not argue with Commissioner Woods about regressivity because a fee is certainly more regressive than a property tax, but he believes we may have a problem with our bond covenants. He stated when you issue bonds, you have to sign some agreements. One of these is a bond coverage ratio, which states what you earn in revenues compared to certain expenses and he believes if we don't raise the sewer rate we won't have enough revenue to meet the coverage ratio and, to borrow additional money, we would be in violation of our bond covenants. Mr. Van Liere stated that was correct; he is not sure we would get the loan if we couldn't prove to the bank that we could pay it with the required coverage ratio. He stated we sign loan agreements stating we agree to maintain rates sufficient to pay those plus an extra 10 %. He further stated that is not to say you can't fund projects from other sources, but to get utility revenue loans, you need to pledge the revenues that must be sufficient to cover the additional debt. Commissioner Woods asked if you can pledge general City revenues toward that. Mr. Van Liere stated the general fund's revenue can be used for any governmental purpose, but to pledge them for debt you would have put a referendum on the ballot to pledge tax revenues. Mr. Hanson clarified that any general obligation of your taxing authority requires a referendum, whereas a revenue bond, when you are pledging the revenues from a specific source such as water and sewer, does not require a referendum. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Parsons Nay: 1- Woods MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Public Hearing- Request for a Waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit to allow for a swimming pool with deck located at 370 Garden Lane. Public Works Director Rick Carper explained the request for a waiver to go from 48% impervious to about 62% impervious to install a swimming pool and deck. He showed slides of the lot and property lines. He stated his recommendation is to deny the waiver because there are other options, such as pervious pavers, which he has discussed with the applicant. Mayor Borno asked if the pool surface is included as pervious since it collects water. Mr. Carper stated in the calculations they don't get any credit for it but it does not count as impervious. Commissioner Daugherty stated although he does want to give people the right to improve their property, he is inclined to agree with Mr. Carper but he would like to hear from the homeowner. Fran Grandy, 370 Garden Lane, stated Mr. Carper explained in his recommendation that approval of her request would not have a negative impact on stormwater standards which is the purpose behind the pervious surface requirements but denied her application because she has other options. She discussed the options, stating wood decking is slippery and mildews, and tearing out her driveway and replacing with September 27, 2010 REGULAR COMMISSION MEETING Paee 11 pervious pavers is too expensive. She stated she believes the only option she has is her request for a waiver of the impervious surface requirement. She stated she is willing to use pervious pavers for her pool decking. Motion: Approve waiver from the Land Development Regulations to exceed the 50% Impervious Surface Area limit to allow for a swimming pool with deck located at 370 Garden Lane. Moved by Fletcher, Seconded by Woods. Mayor Borno opened the Public Hearing. No one from the audience spoke so he closed the Public Hearing. Commissioner Woods asked what the design standard is, which Mr. Carper explained. Commissioner Woods stated she believes pools should get more credit toward pervious surface. Commissioner Fletcher asked the applicant how long she has lived in her house. She stated she has been there 18 years. Commissioner Fletcher asked when the 50% pervious limit was put in place. Mr. Hanson stated it was after 2000. Commissioner Fletcher stated that was after she bought the house. He stated he sees this as a quality of life issue and concurs with Commissioner Woods and would like to grant the waiver to build the pool. Commissioner Daugherty asked if the vegetation shown in the slide was on the City's property. Ms. Grandy stated they are weeds and to remove them, since they are on the slope, is difficult. Mr. Carper explained it is on the City's drainage easement. Commissioner Daugherty asked Mr. Carper if the City could remove the weeds. Mr. Carper agreed to have this done. Commissioner Daugherty stated, given the proximity to the drainage, there is no negative impact that this would cause to any stormwater issues. Mr. Carper stated if the Commission does grant the waiver he would recommend that she use pervious pavers for the deck. Commissioner Parsons agreed that is a huge drainage ditch and has no problem giving Ms. Grandy the variance she requested as designed now. Mayor Borno gave the background of how the City came up with the regulations we have now. He further explained his reasons he would not want to set a precedent by granting this waiver. Commissioner Fletcher stated he would grant the waiver without requiring her to put in pervious decking. Ms. Grandy again stated she is willing to use pervious pavers for her pool decking. Votes: Aye: 4 — Daugherty, Fletcher, Parsons, Woods Nay: 1- Borno MOTION CARRIED September 27, 2010 REGULAR COMMISSION MEETING Page 12 B. Authorization for City Manager to Sign Letter of Agreement with the City of Jacksonville for Donner Subdivision Sewer Rehabilitation. Motion: Authorize City Manager to sign the Letter of Agreement with the City of Jacksonville for the Donner Subdivision Sewer Rehabilitation and any subsequent paperwork for this project. Moved by Parsons, Seconded by Fletcher. Mr. Thompson explained this is a Letter of Understanding with the City of Jacksonville which will provide us with $178,000 that can be used for a manhole rehabilitation project in the Donner Community. He stated it does not require any match and will be used to replace old clay sewer lines with cured in place piping. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED C. Authorization to Sign Grant Agreement No. ARS028 for Energy Grant Funding. Mr. Thompson explained the grant stating they propose to use this for energy audits of City -owned buildings, replace HVAC systems, install energy efficient lighting for baseball diamonds, replace some vehicles with hybrids and electric vehicles, and a solar hot water heater for the fire department. He explained this particular document will not be the one the Mayor will sign since there will be changes. He stated he is asking for authorization for the Mayor to sign what will become the final agreement. Motion: Authorize the Mayor to sign the Florida Energy and Climate Commission Grant Agreement No. ARS028, as discussed. Moved by Woods, Seconded by Daugherty. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED D. Huang Villas Water and Sewer Acceptance of Infrastructure for City Ownership and Maintenance. Ms. Kaluzniak explained this is a new Habitat subdivision of ten units on Jackson Road. This is a request for Atlantic Beach to accept the water and sewer lines for ownership and maintenance. Motion: Accept the water and sewer infrastructure at Huang Villas subdivision for ownership and maintenance by the City of Atlantic Beach. Moved by Parsons, Seconded by Fletcher. Answering a question from Commissioner Daugherty regarding the City being responsible for maintaining the lines, Ms. Kaluzniak explained the lines will be under September 27, 2010 REGULAR COMMISSION MEETING Page 13 warranty for one year after which we are completely responsible for all maintenance. She stated it was designed to City standards and we had our inspector watch while it was being constructed. She stated they had all the DEP approvals, tested the hydrants, etc. so there should be no problems for many, many years. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED E. Modification to Verizon Wireless Lease. (Commissioner Fletcher left the meeting at 7:48 pm, returned at 7:50 pm.) Ms. Kaluzniak explained we have leases on both of our elevated water storage tanks for antennas. She stated the Verizon would like to expand their emergency generator and need a larger concrete pad. She stated this will add a little money to the contract we will receive from them for this larger pad. Mayor Borno congratulated Ms. Kaluzniak for getting the good price on the lease. Discussion on the lease ensued. Mayor Borno asked if the City has any AT &T antennas. Ms. Kaluzniak stated no, we have Verizon and Sprint. Motion: Approve the Amendment to the Verizon Wireless Site Lease and authorize the City Manager to sign the lease documents. Moved by Woods, Seconded by Parsons. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED F. Continued discussion of sign regulations related to temporary signs. Community Development Director Sonya Doerr explained the changes in language proposed that would allow for some form of temporary signs to be used for special events, grand openings, etc. Commissioner Parsons explained the background of the sign regulations, stating he would only approve having banner signs for a 14 -day period for a grand opening. Commissioner Daugherty agreed, stating he wanted to require the business owners to post a bond to allow the signs. Commissioner Woods asked if we couldn't just put something in the code that states after 14 days we would confiscate signs that were left out. Ms. Doerr stated you can't remove them from private property. Commissioner Fletcher stated this doesn't solve any problems that have been articulated and creates an enforcement burden, so he cannot support it. Mayor Borno stated since they have not been approached by anyone other than the one business owner, his feeling is if it's not broken, leave it alone. Discussion ensued. September 27. 2010 REGULAR COMMISSION MEETING Page 14 It was the consensus of the Commission to take no action. Mayor Borno announced we have a new Code Enforcement officer, Kathy Stiles. He stated she is a very impressive lady with tremendous credentials and she has a lot to offer us. 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 A. Appointment of a Teen Council Advisor. Commissioner Fletcher explained the BMRC met to consider appointing a Teen Council Advisor. He further stated they recommended appointing Lisa Kamm to serve as Teen Council Advisor, effective as soon as the Teen Council is started. Motion: Appoint Lisa Kamm as Teen Council Advisor. Moved by Fletcher, Seconded by Woods. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Response letter from Commissioner Woods dated September 13, 2010. Commissioner Woods acknowledged the two citizens who spoke up against her efforts and assured everyone she has been approached and contacted by many more citizens who have expressed they greatly appreciate and approve of her efforts. She stated she realizes we can't all always agree on everything and will let her letter stand. Commissioner Daugherty • Would like to see Marsh Fest continued with support from the City. Stated he met with the Marsh Preservation Society today and they are asking that the City take a more involved role in the organizing and make it more of a City event. He asked that Mr. Hanson and staff prepare a report for the next agenda regarding what would be required to take over this event. • Would like to have the ability to go to City employees directly to ask them questions, etc. He understands there is a policy that if any Department Head has contact with the Commission, a report is to be made to the City Manager and asked why that is. He stated he believes this restricts him some in his research. Mr. Hanson explained the Charter says he is in charge of the administrative arm of this government and if the Commission wants to ask questions of anyone, they can certainly do so but the Commission is supposed to stay out of the operations. He further stated it is appropriate and necessary for him to know when Commissioners go to staff asking for things and for him September 27, 2010 REGULAR COMMISSION MEETING Page 15 to be kept aware of what the Commissioners are doing and to make sure that the line isn't crossed by Commissioners asking City employees to do certain things. As far as speaking to a City employee, the Commissioners have basically the same rights as a citizen. He stated if they have an issue and want to give instructions, it needs to go through the chain of command which is how the Charter sets it up. Mayor Borno agreed stating if he has a question or wants to speak to a City employee he always has the courtesy to call the City Manager who is responsible for all staff. Commissioner Fletcher • We live in paradise and we should embrace it and relish the opportunity we have to serve the City and do the best we can do in everything we do. He stated he enjoys being up here with everyone and enjoys the opportunity to try to make the City a better place. Commissioner Parsons • Takes exception to Commissioner Woods' letter, stating they have been accused, as a group, of speaking outside this Commission and stated that is not true. He further stated he believes Alan Jensen and Jim Hanson do a fantastic job for the City and as Commissioner Woods mentions she has been approached by a lot of people, he too has been approached by a ton of people. He stated it is getting old and the fight is over as far as they are concerned. He stated he wishes it would stop and agrees with Ms. Reiter and Mr. Castro that it has been going on long enough and needs to stop. He stated he was not asking for a response, he was just telling her that is the way he feels about it. Commissioner Woods replied she believes she gets to answer that. Mayor Borno stated we are not getting into a debate. Commissioner Woods stated she was not going to debate she just wanted to remind everyone it was simply in response to letters that had been written to her and she had been accused of not responding. Mayor Borno • There will be a recognition of volunteers event held at 6:00 p.m. on September 30 at Adele Grage. • Will be out of town on October 8 for a Florida League of Cities Finance and Taxation Committee meeting. • Will attend the Jacksonville City Council meeting tomorrow night. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:19 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk