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Draft Min 11-8-10 MINUTES REGULAR CITY COMMISSION MEETING November 8, 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 Carolyn Woods Recording Secretary Nancy E. Bailey ABSENT: Commissioner Paul Parsons (excused) Call to Order/Pledge Mayor Borno called the meeting to order at 6:00 p.m. Commissioner Fletcher 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 25, 2010. Motion: Approve the minutes of the Regular Commission Meeting of October 25, 2010, as written. Moved by Daugherty, Seconded by Fletcher Votes: Aye: 4 — Borno, Daugherty, Fletcher, 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. Chad Grimm, 2771 Monument Road, Jacksonville, addressed the Commission regarding Item 7A which is up for final vote tonight, stating he was here primarily to answer questions but also wanted to thank the Commission for the process this has gone through. Lisa Kamm, 1100 Seagate Avenue, Neptune Beach, expressed her support for the social networking item on the agenda, which she believes will help her in her position as the Teen Council Advisor. Andy Patel, 715 Atlantic Blvd., addressed the requirement for convenience stores to have security cameras and the issue of signs in the windows. He stated he agrees with the cameras and lighting in the parking lots but believes they should also look at other businesses regarding the amount of signage allowed in windows. Mitchell Reeves, 1663 Sea Oats Drive, addressed the Facebook agenda item, explaining his recent experience on a committee setting up his company's Facebook page. He further stated if the City moves forward with this it will be a full -time job for November 8, 2010 REGULAR COMMISSION MEETING Page 2 someone to monitor and maintain that site. He presented a policy his company developed to the City Clerk, which he stated we may be able to use in developing the City's policy. 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 reported on the issue brought up at the last meeting about traffic safety after the completion of the Mayport median project. He stated he responded to the citizen in a letter but also wanted to pass this information on to the Commission. He stated the main reason the City supported the medians was to improve traffic and pedestrian safety on Mayport Road. He reported, since the medians were installed in 2008 the number of traffic accidents dropped approximately 28% from 2007 to 2009 and there was a reduction in pedestrian- related accidents of 85 %. Consent Agenda 4. Consent Agenda ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. A. Acknowledge receipt of the List of Business Tax Receipts issued in October 2010. B. Authorize the City Manager to sign contracts for Professional Land Surveying (RFP #10 -07) with the top two firms, Clary & Associates and L.D. Bradley Land Surveyors, for three years, with the option to extend the contracts for two additional two -year periods. C. Award annual contracts for environmental laboratory services (RFP #10-08) to Environmental Conservation Laboratories, Inc., Advanced Environmental Laboratories, Inc. and Columbia Analytical Services, Inc. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B, and C as read. Moved by Woods, Seconded by Fletcher. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports None. November 8, 2010 REGULAR COMMISSION MEETING Page 3 Action on Resolutions 6. Action on Resolutions None. Action on Ordinances 7. Action on Ordinances A. ORDINANCE NO. 52-10-04, Public Hearing and Final 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 Woods, Seconded by Fletcher. Mayor Borno opened the Public Hearing. Chad Grimm, 2771 Monument Road, reiterated he was here tonight to answer questions this evening. No one else from the audience spoke so Mayor Borno closed the Public hearing. Commissioner Daugherty addressed the septic system asking how they would neutralize any waste that comes from that site. Mr. Grimm, referring to the handout from the previous meeting, explained the greener septic system they propose to install. Commissioner Daugherty asked Public Works Director Rick Carper if he had examined the system and does it meet the standards we have for our own wastewater treatment plant. Mr. Carper stated he had not looked at the handout, but Public Utilities Director Donna Kaluzniak has. He stated he doubts it would meet what they are upgrading the Wastewater Treatment Plant No. 1 to, but he is sure it would be better than what they are getting out of Plant No. 2 now, which is still a legal system. Mr. Hanson stated the Health Department would be in charge of approving the septic tank. Mayor Borno stated this is a closed system, not an open septic system with drain fields. Mr. Hanson stated they would still be under our regulations for fats, oil and grease being pumped out of the grease tank at the restaurant. Discussion ensued. Mr. Grimm stated the only discharge from the septic system is to reuse the gray water for irrigation. Commissioner Daugherty stated he still has a problem with approving a septic system on the island. He stated if he can't hear someone say there will be zero affect on the intracoastal then he can't approve it. Mr. Grimm further stated the beauty of this island is the owner's concern and the success of his project depends on his maintaining the integrity of the waterway for fishing, etc. He stated it is the owner's intention for the long -term purpose and use of the land to maintain the naturalness of that area as well. Commissioner Daugherty stated he would like to make a motion to defer this to let staff review the septic system and what is being discharged because the only information they are getting is coming from the developer. Mayor Borno stated November 8, 2010 REGULAR COMMISSION MEETING Page 4 Donna Kaluzniak has looked at this system and this system gives a quality of water like gray water just as if we were building a gray water plant and providing gray water throughout the City for irrigation. Amended Motion: Defer to let staff review the septic system. Moved by Daugherty, Seconded by The Motion failed due to lack of a second. Mayor Borno called for a vote on the Ordinance. Votes: Aye: 3 — Borno, Fletcher, Woods Nay: 1— Daugherty MOTION CARRIED B. ORDINANCE NO. 57-10-23, Public Hearing and Final 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 Woods, Seconded by Fletcher. Mayor Borno opened the Public Hearing. No one from the audience spoke so Mayor Borno closed the Public Hearing. Commissioner Woods asked what the cost to the businesses would be for a security camera. Community Redevelopment Coordinator Dale Hatfield explained you can buy a security camera for anywhere from $100 to $10,000 or more, but the law states you should be able to readily identify someone. He stated a lot of it can be simply the position of the sun and position of the camera so they can go in and work with the business owners and give them tips about pointing the camera a certain way. He stated you can get a camera that would meet the requirements for less than $500. Mr. Hatfield reiterated we have 14 convenience stores and the majority of them close at 11:00 pm. He stated there are currently only four that are open 24 hours, but any of the other stores could decide to stay open after 11:00 pm and there are also two stores that are empty that could be bought and turned into a convenience store. Commissioner Daugherty stated he believes this is putting restrictions and requirements on these businesses that are not applicable to other businesses. He stated he believes in putting less restrictions and regulations on businesses, which is why he is opposed to this. Mr. Hatfield reminded everyone that this is already a State law which was put in place to provide safety measures for the business, their customers and staff. He stated on our level we would work with businesses for voluntary November 8, 2010 REGULAR COMMISSION MEETING Page 5 compliance and would have more leniency than the State would be able to. He further explained this law was created due to the large number of robbery homicides and this has actually reduced crime. Commissioner Fletcher stated if this wasn't already a law, he wouldn't even be thinking about it, but since we can grab local control and be more flexible with the convenience store owners and be in more of a partnership with them, he believes something good can come out of this. He stated he believes the public benefit is served by this which is why he is inclined to support it. Commissioner Woods stated if a few businesses might have to spend a couple of extra hundred dollars to guarantee another level of security for their customers she believes it is reasonable and she will support it. Mayor Borno stated this came about at State level because of the high amount of these businesses being hit with robberies and it was instituted to help provide safety for everyone. Votes: Aye: 3 — Borno, Fletcher, Woods Nay: 1— Daugherty MOTION CARRIED C. ORDINANCE NO. 05-10-52, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, SECTION 2 -146, JURISDICTION, TO SET FORTH THE JURISDICTION OF THE CODE ENFORCEMENT BOARD, AND PROVIDING AN EFECTIVE DA'Z'E. Mayor Borno read Ordinance No. 05 -10 -52 by title. Motion: Approve Ordinance No. 05 -10 -52 as read. Moved by Woods, Seconded by Fletcher. Mayor Bomo asked that staff explain the International Property Maintenance Code. Assistant City Manager David Thompson explained this code was adopted to address everything from deteriorated fences to dilapidated properties, instead of us having to continually update our Code. Building Official Mike Griffin further explained this is included because the State adopts building, plumbing, electrical and mechanical codes that we enforce but they have not adopted a minimum property maintenance code. He stated they did have the standard housing code in 1997 but now we have the International Property Maintenance Code which is a separate code developed by Model Code Association. Mayor Borno asked was it correct that the term "International" is not really talking about Great Britain, India, etc. Mr. Griffin stated that was correct. He explained the way they got to the standard housing code was through the Southern Building Code Congress International Incorporated which November 8, 2010 REGULAR COMMISSION MEETING Page 6 was then developed into the International Model Code, but the term "International" doesn't mean going abroad. He explained it means it is not only a regional code, it is nationwide. Mayor Borno clarified that it was United States, not multinational or overseas, etc. Mr. Griffin stated yes. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED D. ORDINANCE NO. 05-10-53, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, SEC. 2 -142, REMOVAL; FILLING VACANCIES, TO PROVIDE FOR REMOVAL OF A MEMBER OF THE CODE ENFORCEMENT BOARD FOR FAILURE TO ATTEND MEETINGS AND THE FILLING OF A VACANCY ON THE BOARD RESULTING THEREFROM, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 05 -10 -53 by title. Motion: Approve Ordinance No. 05 -10 -53 as read. Moved by Woods, Seconded by Fletcher. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED E. ORDINANCE NO. 20-10-106, Introduction and First Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. Mayor Borno read Ordinance No. 20 -10 -106 by title. Motion: Approve Ordinance No. 20 -10 -106 as read. Moved by Woods, Seconded by Fletcher. Nelson Van Liere summarized the Ordinance explaining each adjustment to the budget. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED F. ORDINANCE NO. 20-10-107, Introduction and First Reading November 8, 2010 REGULAR COMMISSION MEETING Pate 7 AN ORDINANCE AMENDING THE OPERATING 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 -107 by title. Motion: Approve Ordinance No. 20 -10 -107 as read. Moved by Woods, Seconded by Fletcher. Mr. Van Liere summarized the Ordinance explaining the items that required re- budgeting for the 2011 Operating Budget. Mayor Borno stated this proposed Ordinance includes revenue increases totaling $609,252, total expenses of $636,564 resulting in a net decrease of fund balance of $27,312, which represents the previous year's revenues for the Veteran's Park, Donner Community Center Roof and Dog Park projects. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Status Report on Grants. Mr. Thompson summarized his staff report giving an update on the status of the various grants in process and noted the staff members who have worked on these grants. Commissioner Fletcher asked how much of the grant money is defraying the expenses the City would otherwise be paying. Mr. Thompson stated he believes many of these projects would not have been approved or funded by the Commission without these grants. Commissioner Fletcher thanked Mr. Thompson, stating he is improving the quality of life for all of the residents by doing this. Mr. Thompson thanked him but stated there are many other staff who are also involved in these grants. Commissioner Fletcher asked what improvements they are making to the lighting on the baseball fields. Mr. Thompson stated the grant is for energy efficiency. Commissioner Daugherty asked if they have looked at LED lights. Mr. Thompson stated they are looking at the LED lighting along with other types, and the LED lighting has advantages over the fluorescents but they will take guidance from their energy auditors and will consider the life cycle costs as well. Commissioner Woods asked if we are using more energy efficient bulbs when we need to replace lighting. Mr. Thompson stated we have already done retrofits within City Hall, the Police and Fire departments. Commissioner Fletcher asked when the Tideviews boardwalk extension will be ready. Mr. Thompson stated the permits are completed and they are waiting on the November 8, 2010 REGULAR COMMISSION MEETING Page 8 specifications from Randy Dowling. He stated when he receives those he will get with Purchasing to determine how long it will take to bid the project, which he would like to have completed by the end of December or first meeting in January. He stated once approved by the Commission, Mr. Dowling does not believe it will take long to build. Mr. Hanson reminded the Commission that our conservation easement gives the North Florida Land Trust the ability to look over any plans and specs. He further stated they have a 30 -day time period to raise any objections. B. Justice Assistance Grant. Lt. David Cameron explained this grant is for law enforcement equipment. He stated with the newly installed lights at the skate park and the later hours the park is open, this increases their level of service to insure they continue to have a safe environment at the park. He stated, with the assistance of this grant, they are recommending the purchase of a video camera recording system which will be monitored by the Police Dispatch. Motion: Authorize the Mayor to sign the paperwork for the application and the subsequent paperwork related to the JAG grant and authorize Chief Classev to submit the application on line and have the authorization to electronically sign the on -line application on behalf of the Mayor and the City. Moved by Woods, Seconded by Daugherty Commissioner Woods asked if the Dispatch staff will also have a one -way speaker. Lt. Cameron stated it will not have audio capabilities, only visual, which will aid the Police in monitoring that site. Votes: Aye: 4 — Borno, Daugherty, Fletcher, Woods Nay: 0 MOTION CARRIED City Manager 9. City Manager A. City Manager's Report. Mr. Hanson reported the Police conducted another alcohol deployment with three businesses out of the nineteen checked selling to minors. Those businesses were the Citgo at 1600 Mayport Rd., the Chevron at 1480 Mayport Rd. and the Kangaroo at 2425 Mayport Rd., all of which have had previous violations in the past. He stated Mayor Borno will send letters to the owners of these stores. He further reported Veteran's Park is being readied for the ceremony this Thursday, at 2:00 p.m. He stated they have a 20'x30' flag that will be raised for the first time at that ceremony. He further stated parking for the general public will be at the old Palms Apartments site on Mayport and they will have shuttle buses to the park. Mayor Borno advised everyone to bring a lawn chair. Mr. Hanson stated the Commission asked staff to investigate the possibility of holding the Marsh Fest event yearly instead of every other year. He stated in the past the event November 8, 2010 REGULAR COMMISSION MEETING Page 9 was held in November every other year and was put on by a small group of people with help from the City. He stated they are looking at 2011 for the next event. The past coordinators of the event told the City they don't have time to organize this event every year. He stated they propose to combine City staff with help from the Cultural Arts and Recreation Committee and the event organizers of the past to see it they can make it an annual event. Commissioner Daugherty stated he met with the past event organizers and they suggested moving the event to the Spring, which would be more of a grand opening to the season. Discussion ensued. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Social Networking. Commissioner Daugherty gave a presentation on "9 Ways City Councils Can Use Facebook" and showed a Facebook page from Coral Springs as an example. Discussion ensued. It was the consensus of the Commission to direct staff to review this, make recommendations and report back to the Commission. Mr. Hanson stated although he believes it is right to put together a staff report on this, he cautioned that we must be very careful about committing additional manpower but, as in everything, the Commission here decides where staff spends their time. He stated, as he told the Commission when they first took office, staff can do almost anything they want but we can't do everything. He stated staff will look at it very closely and come back to the Commission with a report. Commissioner Woods • Stated she personally appreciates all our veterans and hopes everyone takes a moment to reflect this Thursday and be grateful for all they give us. Commissioner Fletcher • Stated he agrees with Commissioner Daugherty about having restraint when passing laws and appreciates his comments and philosophical view on that. Commissioner Daugherty • Offered his house for parking at the Veteran's Day event. Mayor Borno • Announced Commissioner Parsons had a knee replacement and he hopes to be out of rehab this Friday. • Will be at the Florida League of Cities Legislative Session on November 17 — 19. • Thanked Rick Carper and his crew for all their work at the Veteran's Memorial Park. Also stated they have 10 more pallets of sod being delivered at 4:00 pm tomorrow if anyone is feeling energetic and wants to help. • Asked for staff recommendation regarding enforcing other businesses as far as signs in windows blocking the view into the business. November 8, 2010 REGULAR COMMISSION MEETING Page 10 Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:47 p.m. Mike Borno, Mayor/Presiding Officer ATTEST: Donna L. Bartle, CMC City Clerk