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
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