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Draft Min 10-25-10 MINUTES REGULAR CITY COMMISSION MEETING October 25, 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 6:00 p.m. Mayor Borno 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 October 11, 2010. Motion: Approve the minutes of the Re ' ular Commission Meeting of October 11, 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. Richard Selby, 3 Forrestal Circle North, asked why the Police Department was surveying the neighborhoods regarding Mayport Road. Mayor Borno explained that was a task given to the Police Department by this Commission to obtain surveys from several area and Royal Palms was one of them. Mr. Selby further expressed his dissatisfaction with the access on Mayport Road to the side streets and businesses. 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 stated we now have received the amendment to the agreement with the City of Jacksonville for providing funding for the Atlantic Beach Dog Park, which extends the agreement to December 31, 2010. 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 October 25, 2010 REGULAR COMMISSION MEETING Page 2 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 Recreation Department Report and Building Department Monthly Activity Report for September 2010 and Police Department Semi -annual Report for 2010. B. Award the annual contract for Electrical Troubleshooting, Repair and Installation to Limbaugh Electrical Contracting, Inc. at the rates listed in Bid No. 0910 -16. C. Authorize the City Manager to sign contracts for Professional Land Surveying (RFP #10 -07) with the top two firms, Clary & Associates and GAI Consultants, for three years, with the option to extend the contracts for two additional two - year periods. Mayor Borno read Items A and B of the Consent Agenda explaining Item C has been deferred to the next meeting due to some corrections that were needed. Commissioner Daugherty pulled Item A. Motion: Approve Consent Agenda Item B as read. Moved by Fletcher, Seconded by Daugherty. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Daugherty stated he noticed on the Recreation Special Events report there are several events that are heavily attended but there are a lot of other events that have very little participation by the citizens. He asked how information regarding special events is disseminated to the public. He further stated he sent a link to the Commission regarding what some cities are doing with social networking sites, i.e. Twitter and Facebook, and believes that may be a good way for the City to disseminate information to the people here in the City. Mayor Borno stated these events are listed on our website and CARAC does evaluate each of their events and decides whether they will be continued the next year. Commissioner Fletcher stated Commissioner Daugherty may have a good point and perhaps Timmy Johnson could get wired into some of those social networking sites and maybe increase the participation. Mayor Borno stated staff could take a look at that. Commissioner Woods stated this may be a good job for our Teen Council. Motion: Approve Consent Agenda Item A as read. Moved by Daugherty, Seconded by Fletcher. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED October 25, 2010 REGULAR COMMISSION MEETING Page 3 Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 90-10-213, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, HEREBY AMENDING THE LAND DEVELOPMENT REGULATIONS AS ADOPTED BY ORDINANCE NUMBER 90 -01 -172, INCLUDING ALL SUBSEQUENT AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY AMENDING ARTICLE III TO ADD NEW DIVISION 9, FLORIDA - FRIENDLY LANDSCAPING AND LANDSCAPE IRRIGATION AS SET FORTH WITHIN ATTACHED EXHIBIT A AND PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 90 -10 -213 by title. Motion: Approve Ordinance No. 90 -10 -213 as read. Moved by Daugherty, Seconded by Parsons. Mayor Borno opened the Public Hearing and briefly explained the highlights of the Ordinance. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Fletcher clarified this does not regulate how much grass you can have on your yard, it just regulates where the high volume watering can go. Mr. Hanson explained there was a misconception that appeared in a story in the news media after the last Commission meeting and Donna Kaluzniak will give a report on this in Sonya Doerr's absence. Public Utilities Director Donna Kaluzniak explained the purpose of the ordinance is to regulate the use of high volume emitters. She stated we already require landscape irrigation permits which are submitted to the Building Department. She stated, as part of that, they have to have an irrigation plan that shows where and how many high, moderate, and low volume emitters they will have. She stated our enforcement mechanism is through that landscaping plan and the volume emitters they propose to have. She stated, as part of their final inspection, after the irrigation system is in, we will monitor that. She stated the City is not going to tell people what kind of plants to put in. She stated the purpose of the ordinance is to encourage people to use Florida Friendly Landscaping, which uses less water. She reiterated we will enforce the ordinance through the permitting process. Commissioner Fletcher stated we are not micro regulating the type of plants or grass, it is just regulating how many high volume sprinkler heads can be used. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED October 25, 2010 REGULAR COMMISSION MEETING Page 4 B. ORDINANCE NO. 52-10-04, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, MODIFYING A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE JOHNSTON ISLAND PUD TO PROVIDE FOR AN ALTERNATIVE DEVELOPMENT PLAN; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 52 -10 -04 by title. Motion: Approve Ordinance No. 52 - 10 - 04 as read. Moved by Parsons, Seconded by Woods. City Manager Hanson reported on the concern of some of the Commission about the intent to use a septic system to treat sewage from a proposed restaurant on the island in the Intracoastal Waterway. He stated Donna Kaluzniak checked the figures the engineer had given at the last meeting and believes their estimate of over $1 million to run water and sewer lines is probably accurate, so it may be excessive for the purpose of one restaurant to require them to spend that much money to connect to our system. He further stated the engineer for the developer sent out some information, which was forwarded to the Commission, about using a more modern type of septic tank that would treat sewage in a more environmentally friendly way and not be as likely to pollute the water. He also stated the restaurant would come under the City's regulations for grease traps, even though they are not connected to the City's sewer system. He explained, to confirm the commitment expressed by the engineer that they did not intend to have any sewage pumped out from the boats at the marina, staff prepared some language to add to the PUD document which states they could not connect or put any wastewater from a marine pump -out system, if they choose to add one in the future, into this septic tank; it would have to be handled offsite. He further stated it would take an amendment to the motion to add this to the ordinance tonight. Ms. Kaluzniak further explained she spoke with the Health Department, who would be responsible for permitting septic tank installations, and was told they require design by a licensed professional engineer, with experience in this type of work, and soil evaluations. She stated they will be doing a complete analysis of where the septic tank can go, what type of septic tank is allowed, etc. Mayor Borno thanked Mr. Grimm for the correspondence regarding the septic system, stating the diagram of the new type of septic system is very good. Motion: Amend the PUD modification to include as item no. 2 under Limitations and Restrictions, "No boat wastewater shall be discharged into the onsite septic system. If a marina pump out and /or waste dump system are planned, they shall be designed such that waste is discharged into separate collection tanks meeting applicable environmental and public health regulations, and they shall be regularly serviced and maintained according to maintenance contracts with contractors competent in the repair and service of pump out and waste dump receptacle equipment. Moved by Fletcher, Seconded by Parsons. October 25,2010 REGULAR COMMISSION MEETING Page 5 Commissioner Parsons stated, when the City required everyone to hook up to the sewer system, it was only in places where there were already lines in place. Mr. Hanson agreed stating the State law requires you to connect to public sewer system if it is within 100 feet of your property line and you have to connect within one year. He stated this is obviously a lot farther than 100 feet. Commissioner Daugherty stated this is right next to where he and many of the citizens fish and crab and although he liked the amendment, without having had time to review this document, he can't vote for allowing someone to put in such a septic system. Mayor Borno and Commissioner Fletcher stated this is first reading and he will have time to review it. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Parsons stated, for Commissioner Daugherty's sake, Jacksonville really monitors these septic systems quite heavily, especially if they are commercial and on the waterways. Discussion ensued and Mayor Borno called for a vote for the original motion. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1- Daugherty MOTION CARRIED C. ORDINANCE NO. 57-10-23, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES, OFFENSES, BY ADDING A NEW ARTICLE IV, CONVENIENCE BUSINESS SECURITY ACT, PROVIDING FOR DEFINITIONS, SECURITY REQUIREMENTS AND EMPLOYEE TRAINING FOR CONVENIENCE BUSINESSES, INSPECTIONS AND ENFORCEMENT, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 57 -10 -23 by title. Motion: Approve Ordinance No. 57 -10 -23 as read. Moved by Parsons, Seconded by Fletcher. Redevelopment Coordinator Dale Hatfield stated since this has been in the press, he had receive a call from an employee who believed their employer was violating the Florida Statute. He answered several questions from the Commission. Discussion ensued. Commissioner Daugherty explained why he would not vote for this ordinance. Mr. Hatfield summarized why we need this ordinance and explained the State only has one person in charge of all of Florida and they are the one requesting that cities and counties adopt these ordinances. Answering a question from Commissioner Woods October 25, 2010 REGULAR COMMISSION MEETING Page 6 about having someone in the City certified to act on the State's behalf and not necessarily having to come up with our own ordinance, he stated he is certified and would do the inspections, but he would have to turn all his paperwork over to the State and it could be a year before any action was taken. Commissioner Woods stated her experience with Code issues is that the City doesn't step in with a heavy hand but rather go in and identify the problem and help people come up with solutions to fix it. She stated she understands Commissioner Daugherty's concerns but this will help businesses and employees improve the situation and we will not be going in looking for people to penalize. Mr. Hatfield stated that was correct, they are seeking voluntary compliance. He stated, with him being certified, if this is adopted he can teach anyone else how to do the inspections. He stated if this isn't adopted they would have to go to the State training. He stated this is about working with the businesses to make their businesses a better place for the employees and customers. Commissioner Fletcher agreed, stating safety of employees and customers and being able to prosecute if there is a serious crime committed seems to be not unreasonable. He stated we are actually much more consultative with this and our fines and penalties are less than what the State law provides. He stated they are already governed by the State law so, in this case, we are availing the resource of someone certified to help them improve workplace safety. Mr. Hatfield also pointed out that if we want to give them six months to handle a situation, due to whatever the circumstances may be, we don't have to fine them immediately. Hanson stated when someone is cited to come before the Code Board, if they have the violation corrected by the date of the Code Board meeting there is no fine. Mr. Griffin stated that was correct. Mr. Hanson stated that is much different than going to the State who tells you whether you are guilty or not and gives you your fine. Commissioner Daugherty asked what the process was to get people in compliance, which Mr. Hatfield explained. Commissioner Daugherty reiterated his concern about making the business a victim twice by including item (d), which was why he was not going to vote for this. Commissioner Parsons asked if the businesses only have to comply with one of the four items in (d). Mr. Hatfield stated that was correct. He also stated that is only if they have a non - family member working. If they have a family member working they don't have to do any of them. Commissioner Daugherty stated he still believes this is an inequitable cost that the other competing businesses, which haven't had a crime at their location, don't have to pay. Mayor Borno explained that all of this exists under Florida Statutes now. Commissioner Daugherty stated he understands that but he has the right to disagree with Florida Statutes. Mayor Borno thanked Mr. Hatfield for including the changes discussed at the last meeting and pointed out this is a tool that enables us, locally, to work with all of our convenience stores and help them help themselves, if they want to work with us. He stated he sees this as a positive thing. October 25, 2010 REGULAR COMMISSION MEETING Page 7 Assistant City Manager David Thompson gave an historical perspective of past crimes at convenience stores, stating the emphasis of this Act is to reduce the number of robberies, which it has done effectively since it was adopted. Discussion ensued and Mayor Borno called for the vote. Votes: Aye: 4 — Borno, Fletcher, Parsons, Woods Nay: 1- Daugherty MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Violation of conditions attached to a Waiver from the Land Development Regulations granted November 24, 2009 to permit certain business activities out -of -doors in the Commercial General Zoning (CG) District for Atlantic Powder Coating located at 57 West Plaza. Building Official Mike Griffin explained the conditions of the waiver that was granted to Atlantic Powder Coating in November 2009. He further explained they began receiving complaints in April concerning the noise, opening the roll -up doors and the business operating on the weekends, with additional complaints being received in September 2009. He stated he has reminded Mr. Matthews, the owner, about the conditions. He then gave a slide presentation and presented a video with sound showing the violations. Mr. Griffin explained if the waiver, with its conditions, is rescinded he still will be able to operate and he can operate on weekends, with his doors open. He stated he just will not be able to cool his materials outside the building, which is what the waiver was requested for. Commissioner Daugherty stated his concern was that if this is rescinded, the restrictions that were placed upon the business no longer exist. Mr. Griffin stated then he would be subject to the noise limits and if there was any outdoor work occurring it would be a code violation. Chief Classey explained how they determine if the level of noise is excessive. Discussion ensued. Harold Matthews, owner of the business, spoke in his defense, stating he believes this whole thing is harassment. He asked that the Commission give him some decibel level to live by and show him that he is that loud. Motion: Rescind Waiver from the Land Development Regulations granted November 24, 2009 to Atlantic Powder Coating located at 57 West Plaza. Moved by Fletcher, Seconded by Daugherty. Commissioner Parsons asked if there are violations other than the noise. Mr. Griffin explained the other violations. Commissioner Parsons stated this is the fourth time we have discussed this and at the time of the waiver they asked Mr. Matthews if he could comply with all of the conditions and he did not have any problem with them. Commissioner Fletcher stated when they granted this waiver they realized there was an incompatibility between this occupancy and the adjacent residential neighborhood and October 25, 2010 REGULAR COMMISSION MEETING Pate 8 they wanted to give this business the opportunity to try to make it work. He stated he remembers saying the burden was on the business to make your neighbors comfortable. Commissioner Daugherty stated the problem with rescinding this waiver is that the owner will have the ability to have his back doors open, work on the weekends, etc. and he is concerned whether we have rules in place to protect the residents when this occurs. Commissioner Woods stated we gave the business a waiver and they are not following the waiver and asked if there are violations that can be levied for noncompliance with the waiver. Mr. Griffin stated if he continues violating the conditions he could. If they rescinded the order it would mean he must completely operate on the inside of the building. Mr. Griffin stated no citations have been issued because he has been allowed to keep his materials outside the building. Mr. Griffin stated he believes we have more leverage if the waiver is rescinded. Chief Classey explained the noise ordinance has a certain amount of subjectivity; there is not a certain decibel level that is in violation. Commissioner Woods asked if instead of dismissing the waiver tonight, they ask for citations to be issued for noncompliance with the waiver, would that be effective. City Attorney Alan Jensen stated there are plenty of ordinances (i.e. noise ordinance, nuisance ordinance) existing in the Land Development Regulations under CG without any waivers that can be used against somebody who is violating those ordinances. Mr. Griffin stated they do not process the noise ordinance through the Code Board; it goes through a different process. Answering a question from Commissioner Daugherty, Mr. Jensen stated the City does not have any options to make the business move but they have an existing ordinance that he requested and received a waiver from certain portions in order to operate there and he said he was going to comply with those conditions. He stated from what has been presented to the Commission tonight it is their determination as to whether or not he is following the conditions or whether they should be rescinded. Susan Evans, 1798 Hammock Circle, co -owner of the business, stated this business was in operation before they bought it and it was allowed by the City. She stated not knowing there was a problem, they have put a lot of money into the business. She stated they have tried to comply with making an agreement with Mr. Marrara but they are still trying to make a living. She stated they are within the sound ordinance and are under the decibel allowed for the County. She stated they only get complaints from the one gentleman and they have talked to him several times. She stated she realizes they were open one or two Saturdays and they were in violation but they have to do the jobs when they get them. She stated she was concerned about the condition of 8 -5 because she wondered what would happen if they did have to work overtime. She believes this is being unfair to them and further stated there is not work being done outside. Joseph Marrara, 62 West 13 stated he agrees with a lot of things Ms. Evans said, but his whole issue is that he believes the initial permit that was given was wrong. He stated he believes that a business that is so industrial does not match the zoning. October 25, 2010 REGULAR COMMISSION MEETING Page 9 Commissioner Parsons stated he does not agree that the business was not supposed to be there and does not believe it had any problem working into the zoning at the time. He believes the problem is getting them to comply with that waiver. He believes the Commission needs to give direction to staff to enforce the law as it is written. Commissioner Woods asked, if they rescind the waiver, what hours of operation would he be able to work. Mr. Griffin stated he could operate at any time, including the weekends as long as there was no noise and no outside activity. Commissioner Daugherty stated Mr. Matthews wants to rescind the waiver so he can start working on Saturday. Commissioner Woods stated he would also not be able to have any of his equipment or materials outside. Commissioner Daugherty stated only in front, but he can do as much as he wants in the back, which is where Mr. Marrara's property is. Mr. Hanson stated it is not correct that an industrial business can operate their business outside in the back; they have to conduct the industrial business inside the building but can have the doors and windows open, which then makes them subject to the noise code. Discussion ensued. Mayor Borno read a portion of the Ordinance, Sec. 11 -2, Loud and Rancorous Noise, "Enforcement consideration shall include the day of the week, time of day or night, volume of the noise, number of complaints, celebrations normally associated with holidays and any special events that may be in progress. Generally between the hours of 10:00 pm and 7:00 am, Sunday through Thursday evenings and 11:00 pm and 7:00 am, Friday and Saturday evenings the tolerance level for noise is significantly reduced and enforcement shall be more stringent." Mayor Borno stated if there is a weakness in the Code, each of them has every right to bring up suggestions to change the Code. Commissioner Woods stated she believes the neighbors have more recourse with the waiver in place than without it. Commissioner Fletcher asked if the business owner wants the waiver withdrawn, can't he just write a letter to the Building Department. Votes: Aye: 2 — Daugherty, Fletcher Nay: 3 — Borno, Parsons, Woods MOTION FAILED Mayor Borno asked the City to issue citations when legitimate, in accordance with our ordinance. Erika Hall explained the land uses in the area, stating in the 1980s north of Levy Road was considered commercial intensive, which is a semi - industrial use. She stated when the ordinance was rewritten they took all of the uses in that area and reassigned them to commercial general /commercial limited which is why that area is still there. She stated it isn't that it didn't belong there; it was there for years and has been grandfathered in. October 25, 2010 REGULAR COMMISSION MEETING Paae 10 Ms. Evans stated it was her understanding when they received the waiver, the law stated they could not limit their hours of operation, but they agreed to do that. She stated now they need the money and they can't survive without working and she reiterated it is her understanding the law still states they cannot limit their hours of operation when they were allowed to go into that place. Commissioner Fletcher stated the waiver limits their hours. She stated they want to rescind the waiver because they cannot do that and the City is putting them out of business. Mayor Borno explained although they voted not to rescind the waiver, the City Attorney stated it is their right to contact the City tomorrow and ask voluntarily to be removed from that waiver and then they would fall under the Code for violations, nuisance, sounds, etc. She asked the City Attorney if she was correct that then they could not limit their hours. Mr. Jensen explained the waivers were to the Land Development Regulations granted by this Commission and he would suggest that for them to be taken off at this time it would take an action by the Commission. He stated she could request it in writing but it doesn't automatically remove it. Mayor Borno asked if it would then come back to the Commission for action. Mr. Jensen stated yes, they are the one who granted the waiver. Mayor Borno asked Ms. Evans if that was her intent, so they could put it on the agenda. She stated yes, they want that rescinded. Mayor Borno asked that she send that request to the City Manager tomorrow and they will put it on the agenda of November 8. B. Atlantic Beach Dog Park. Mr. Hanson introduced Ty Edwards, Chairman of the Board of Elders with the Sunrise Community Evangelical Free Church, who further introduced Andrew Rogers, the Pastor of the Church. Public Works Director Rick Carper recognized Donna Bagby, president of the Atlantic Beach Dog Park Committee, and two of her officers who were in the audience. He stated the Commission has already approved the funding with the Interlocal Agreement with the City of Jacksonville which will give the City of Atlantic Beach $15,000 on a reimbursement basis, provided we spend it all by December 31, 2010. He further explained the other donations received as well as the fee structure, documentation of required shots, access cards, and the access and parking easements which will be for a 3 -year initial term. He showed slides of the park and pointed out the improvements planned for the park. He stated the recommendation was to approve the fee structure he discussed, authorize the Mayor to sign the agreements with the Church and authorize the City Manager to sign the agreement with the Atlantic Beach Dog Park Committee. Motion: Approve the proposed fee structure, authorize City Manager to sign the agreement with the Atlantic Beach Dog Park Committee for operation of the dog park, and authorize the Mayor to accept the Access and Parking easements from Sunrise Community Church and sign the grant of easement document. Moved by Fletcher, Seconded by Daugherty. Commissioner Woods asked if the maintenance of the pond is the City's responsibility. Mr. Carper stated that is our responsibility. Commissioner Woods asked if the day trippers will have to show documentation of shots. Mr. Carper stated guests and October 25, 2010 REGULAR COMMISSION MEETING Pate 11 visitors must still provide documentation that their animals meet the shot and neuter requirements. Commissioner Woods asked if there was irrigation there for the sod. Mr. Carper stated no, but that will be one of the first capital improvements. Commissioner Fletcher asked how many parking spaces there are in number 1. Mr. Carper said there are about 10. Commissioner Daugherty acknowledged the work Donna Bagley and the Atlantic Beach Dog Park Committee have put in this and stated they have done a great job in raising money and getting it to this point. He asked if the gate for maintenance access will have a lock on it. Mr. Carper stated yes. Commissioner Daugherty asked how citizens will be notified about the Dog Park. Mr. Carper stated they will put it on our website, as required in the agreement with the Dog Park Committee and will be posting signs when they start construction. Commissioner Daugherty stated since sod is an ongoing expense, had they looked into the cost of doing an asphalt path around the retention pond such as the one on Mayport Road. Mr. Carper stated the cost of that is very substantial and we could re -sod a number of times for the cost of doing that. He further stated, as part of the agreement with the church, one of the things they must have before making any permanent improvements is to have them approved by the church. Related to future improvements, such as an irrigation system, Mayor Borno asked Mr. Edwards if that would be something that the church would be in agreement with or would it be difficult. Mr. Edwards stated the church has a good working relationship with staff and will be able to work out any requests. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED C. Report on possible amendments to Code Board Ordinance dealing with absences of Board Members. (Commissioner Parsons left the meeting at 7:55.) Mr. Thompson explained the amendments, stating they are trying to get the City Code consistent with the State law. Motion: Direct staff to bring an Ordinance back to the Commission for first reading at the next meeting Moved by Woods, seconded by Fletcher Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED October 25, 2010 REGULAR COMMISSION MEETING Page 12 City Manager 9. City Manager A. City Manager's Report. (Commissioner Parsons returned at 7:58.) Mr. Hanson reported on the comparison of the number of police officers in Atlantic Beach compared to other cities, stating we have one of the lowest per capita numbers at 2.1 per thousand population. He further reported we also have the lowest crime rate of any jurisdiction in Duval County and one of the lowest in the State. He reported on the TMDL project, stating we have 18 prequalified bidders on the pipeline. He stated the bids will be opened on November 17, 2010. He further stated for the plant work, we have received prequalification packages from 12 contractors and plan to finalize that by November 2 and advertise for bids on November 3. The bid opening will be held on December 1, 2010. He stated they plan to bring both bids for the Commission's approval at the meeting on December 13, 2010. Commissioner Fletcher asked when the SRF funding letter might come. Ms. Kaluzniak stated they are reviewing all of our information and if everything looks good they will issue us an authority to award letter. Reports/Requests 10. Reports and /or requests from City Commissioners and City Attorney City Commissioners A. Board Member Review Committee Report for appointment to Cultural Arts and City Attorney Recreation Advisory Committee. Commissioner Fletcher stated he was unable to make the meeting so Mr. Hanson ran the meeting in his absence. Mr. Hanson explained, after interviewing four candidates, the unanimous recommendation of the Committee was to appoint Hollie McMillan. He further stated the Committee also felt the other candidates were very good and recommended CARAC invite them to participate in some of their events. Motion: Appoint Hollie McMillan to serve as a new member on the Cultural Arts and Recreation Advisory Committee, effective immediately, with her term ending July 8, 2012. Moved by Woods, Seconded by Daugherty. Votes: Aye: 5 — Borno, Daugherty, Fletcher, Parsons, Woods Nay: 0 - MOTION CARRIED B. Request to recalculate TMDL cost estimates. Mayor Borno explained today they had received a clarification and corrections regarding Commissioner Woods' cost estimate report, which he would like to add to the report (which is attached and made part of this Official Record as Attachment A). October 25, 2010 REGULAR COMMISSION MEETING Page 13 Commissioner Woods stated this process is moving along quickly and appreciated Donna Kaluzniak's report concerning her request and agreed there were a couple of errors in her report and thanked Ms. Kaluzniak for pointing those out. She stated she had prepared a power point presentation for the Commission. Commissioner Daugherty stated, as a point of order, it was his understanding that Commissioner Woods was trying to reverse the decision that was made a year and a half ago and only the person who is on the prevailing side of an item can bring it up for consideration again. City Attorney Jensen agreed, stating it has to be brought up at the same or next meeting. Commissioner Daugherty stated if Commissioner Woods' intention is to reverse the decision made by the previous Commission, the point of order would be that she is not able to do this. Mayor Borno stated the final decision was reached in September and Commissioner Woods voted Nay. He asked Commissioner Woods if this presentation was to reverse that decision and asked for a motion to put this before the Commission for action. Motion: Direct staff to prepare a detailed explanation for cost discrepancies that are in the TMDL report. Moved by Woods, Seconded by . The motion died due to the lack of a second. Commissioner Parsons • Addressed the comments made tonight regarding the median cut - throughs on Mayport Road, stating after going through that process with DOT for years while on the Mayport Waterfront Partnership and working on the Mayport Corridor they got nowhere when questioning them about the cut - throughs in the median. He stated it fell on deaf ears every time and it got very frustrating to talk to DOT. He stated they brought one plan and it never varied or changed whatsoever. He stated that was the only time he had difficulty working with DOT and has had a great relationship with them since then. He stated he agrees and sympathizes with Mr. Selby but stated their hands were tied and there was nothing they could do at the time and there is nothing they can do now. Commissioner Fletcher asked that we send Mr. Selby a letter explaining this was driven by DOT not by the City of Atlantic Beach. Mr. Hanson stated he was already going to send him letter with some of the statistics. He stated one reason we got into this median project was because we had a pretty bad problem with traffic and pedestrian accidents. He stated, nationally, the figures were very clear that it reduced accidents dramatically when you had these divided medians and the history we have seen since this was completed is that the accident rate along Mayport Road has come down dramatically. Mr. Carper clarified the Mayport Road medians were not driven by FDOT, it was Atlantic Beach that drove getting the medians installed. He stated DOT only required that if we were going to do anything in their right -of -way we must meet their standards for access management. Commissioner Woods stated they did make one concession which was the turnaround under the overpass. October 25.2010 REGULAR COMMISSION MEETING Page 14 Commissioner Daugherty • Regarding Mr. Hanson's intention in the letter to Mr. Selby, he stated there is an old saying that nobody ever wins an argument and cautioned Mr. Hanson not to appear confrontational because he is a citizen and has a right to be here and express his beliefs. He stated he does not want to get in a confrontational thing with a citizen. • Explained to Commissioner Woods that the point of order he did today was not to negate her right or tenacity in following this. He stated he admires the work she has put into this and truly believes she believes that was a wrong decision but we have reached a point where we need to go ahead and move forward. • Regarding his comments earlier about promoting the City and becoming more transparent as a City with social networking, etc., he knows, that because of the Sunshine Law, he can't meet with Commissioners individually so he would like to put this on the next agenda to explain how the City can more effectively communicate with the citizens through social media. Mayor Borno • Reminded the Commission there will be flu shots given on November 8, from 8:00 — 12:00. Commissioner Woods • Reported on the email concerning the most dangerous ditch in Atlantic Beach. She stated she called DOT to see if they had any other solutions they could offer the community and, to their credit, they came out the very next day and very nicely explained they had done just about everything they can do for that area. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:14 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk ATTACHMENT A Memorandum October 21, 2010 To: Jim Hanson, City Manager From: Donna Kaluzniak, Utility Dir- RE: Clarification /Corrections Regarding Commissioner Woods' TMDL Cost Estimate Report 1 read the agenda item for the TMDL Cost Estimate Report from Commissioner Woods, and would like to make some corrections and clarifications. • The report references a "route through Hanna Park." No construction will take place in Hanna Park. Construction of the new pipeline ends at the north end of the Estates of Atlantic Beach (EAB) Property. As noted in the past, the new force main will connect to the City's existing force main located in the easement adjacent to Hanna Park. The end of the new pipeline is noted as "End of Pipeline Alignment (2) on the attached drawing. (The drawing is somewhat confusing as plan views of our existing force main adjacent to Hanna Park are included). • The table titled "Incomplete Cost Analysis Leads to Wrong Assumptions" is a mixing of various tables in HDR's TMDL Compliance Program Evaluation Final Report dated March 30, 2009. The table incorrectly inflates HDR's cost estimates for some options while leaving costs out of other options. • HDR's Table 9.1, which is used as a basis for Ms. Woods' report, was a first -look overview that included new pipe only, pumping the full flow from WWTP #2 to WWTP #1. No costs for flow shedding, etc. were included for any options, but neither were the savings for reusing existing pipeline or pumping reduced flows. To add costs for flow shedding, etc. to the figures in this table is not accurate. • As one example, due to the use of the existing 10" force main along Hanna Park the new pipe cost estimate for Route 1— Revision 1 was ultimately $1,772,000 as noted in Table 9.4 of the HDR report vs. the $2,777,000 in Table 9.1 shown in Ms. Woods' report. To that amount, costs for flow shedding and master wetwell improvements at both plants were added to come up with the estimate in Table 9.7 "Final Transmission Alternatives Evaluation" that we used for budgeting. • Regarding a recommendation to prepare new estimates for an "apples to apples" comparison, that is not possible. The current project is at a 100% design, so cost estimates for the current designed project would be much more accurate than an estimate for any other option. 1 I would also like to add a reminder that our DEP Permit required design to be complete by October 1, 2010, with construction starting by April 30, 2011. To date we are in compliance with our permit conditions. 2 M Yr , CP -02 NORTH , I NOT TO SCALE r ,'" END OF PLAN VIEWS `i �I HANNA PARK ' SHEET CP -2 (l CP -01 ' 1 \ 7 PP -1 j ^ OCEANWALK I ' �./ COMMUNITY -. i ° ■ END OF PIPELINE ALIGNMENT (2) _' PP -10 1;t STATION 61+21 k „ SHEET PP -11 r A ,, ,-,,,,. r END OF PIPELINE ALIGNMENT (1) FLEET LANDING r," STATION 64 +41 COMMUNITY _ PP-09 SELVA MARINA DRIVE ROW ` � I -` I , ..-----;\ ,..._ _,..... START OF PIPELINE ALIGNMENT (2) }� t STATION 0 +00 __ PP -07 PP -06 y SHEET PP -06 �a ', I PP -06 MAYPORT ROAD ''''4 yy 111j PP -05 - - ' SELVA MARINA COUNTRY ��__,... ;II, I CLUB AND GOLF COURSE Il ■ I I ',mi 1 PP -04 --`-----.