Loading...
Draft Min 11-22-04 MINUTES REGULAR CITY COMMISSION MEETING NOVEMBER 22, 2004 CITY HALL, 800 SEMINOLE ROAD Attendance IN ATTENDANCE: Mayor John Meserve City Manager Jim Hanson Mayor Pro Tem Richard Beaver City Clerk Donna L. Bussey Commissioner Paul B. Parsons City Attorney Alan C. Jensen Commissioner Sylvia N. Simmons Commissioner J. Dezmond Waters III Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation given by Commissioner Waters was followed by the Pledge of Allegiance to the Flag. Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of November 8, 2004 Commissioner Waters pointed out a scrivener's error found in the results of the vote for Item 7C on Page 12, and indicated that he, not the Mayor, voted nay. Motion: Auprove the Minutes of the Regular Meeting of November 8, 2004, as amended to correct the scrivener's error found on Page 12. Moved by Waters, seconded by Parsons Votes: Aye: 5-Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors Joseph Quest of 960 Hagler Drive in Neptune Beach indicated that he owned nine properties in Atlantic Beach, some of which were located ~"" within atwo- block area of Mayport Road. Mr. Quest noted an increase in crime near several of his properties and requested that the city provide additional funding for crime prevention and the cleanup of Mayport Road. Mr. Quest believed surveillance video cameras would provide a needed deterrent to crime in the Donner Park area and stated he would be willing to '""' spearhead a drive to research and purchase the equipment. ,. ~• November 22, 2004 REGULAR COMMISSION MEETING Pa e 2 Mayor Meserve indicated that the Mayport Road improvements were a ~"` number one priority with the city. He also recounted his efforts to set up a Neighborhood Watch Program as a deterrent to crime. The Mayor requested that Mr. Quest make an appointment with him to further discuss '"' his concerns, and indicated he would also arrange an appointment with Chief Thompson to discuss crime prevention. Sally Clemens of 1638 Park Terrace West requested that information be provided concerning the sculpture placed by the fire station. She indicated that citizens would like to know the name of the sculptor, the title of the sculpture, and the cost. Ms. Clemens also commented on an article she read in U. S. Today titled "Voters Show They Want More Say in Growth Issues", and indicated that the citizens of Atlantic Beach were not alone with this concern. Alan Potter of 374 2"d Street spoke in opposition to the refunding of the 1996 Utility Revenue Bonds (Item 7A) as being a waste of taxpayers' money to borrow $18.8M, which included 5% costs, to pay off the $17M currently owed. Mr. Potter stated the city could not make money by borrowing money and suggested the city pay down the amount owed on the bonds with surplus funds to retire some of the bonds early. He believed it ,~, was no benefit to the city to give money away to the bond counsel and he urged the Commissioners to vote against adoption of the bond ordinance. ~„ Mayor Meserve stated that Mr. Potter had expressed his opposition on several occasions and left the meeting before discussion of the items. The Mayor assured Mr. Potter and the other audience members that the city ~„ would not consider the bond refunding if there were no savings over the length of the current and new bond issues. City Manager Hanson deferred to Finance Director Van Liere for the explanation. Finance Director Van Liere indicated that with the current interest rates, the city would realize a net present value savings of $908,000 ~. at 5.1 % interest rate. He indicated that the refinancing would reduce the city's debt service payments by $65,000 per year. He further indicated that all of the city's costs associated with the issue were included in the savings. Finance Director Van Liere stated that the city's estimated costs, included in the savings, were $255,000. Mayor Meserve recapped Finance Director Van Liere's comments and pointed out that the debt was not being extended by issuance of the new bonds, and they would have the same payoff date of 2025 as the current "' bonds. J. P. Marchioli of 414 Sherry Drive commented on the following items: (1) Suggested that additional lighting be considered for the Five Points ~• November 22, 2004 REGULAR COMMISSION MEETING Pa e 3 Intersection for safety reasons, (2) Suggested that pertinent information from the city's new Traffic/Parking Ordinance be included in the Tideviews Newsletter, (3) Suggested that residents who put too much trash curbside for pick up be charged for the overage from the maximum amount allowed, and (4) Complimented the city on the layout of the new water bills and the statistical information included in the bill. "~" Valerie Britt of 378 Tilefish Court, Jacksonville stated she would like to speak under Item 10A, and if not allowed to speak, she would distribute a handout to the Commissioners concerning Johnston Island and the Future Land Use Map (FLUM). Commissioner Beaver indicated that he had this item placed on the agenda, ~. but during the previous week he received information, which addressed his concerns and no additional discussion was needed. Commissioner Beaver withdrew Item l0A from the agenda. Ms. Britt distributed the handout to the Commissioners. Unfinished Business 3. Unfinished Business from Previous Meeting from Previous Meeting A. City Manager's Follow-up Report City Manager Hanson commented on each item included in his written report. Beach Renourishment Consultant It was reported that Kevin Bodge of Olsen and Associates had been hired by the three beach cities to represent them in matters of beach renourishment for Duval County. He indicated there was a typographical error in the percentage amount of the $9,000 fee to be paid by Neptune Beach and it should read 17%, not 27%. Marshland Ownership It was reported that most of the marshland located adjacent to the city was owned by the Buckman Trust. Commissioner Waters pointed out that the marshes were not public domain as often thought, and inquired as to what the Buckman Trust could do with the property. Discussion of the use of the marshland ensued. The Mayor requested information concerning the Buckman Trust. ~e. November 22, 2004 REGULAR COMMISSION MEETING Pa e 4 4. Consent Agenda A. Acknowledge receipt of Monthly Financial Report, Utility Sales Report and Public Safety Report for October '~" Commissioner Waters reviewed the statistical data under Reported Crimes in the Public Safety Report and commented that some categories of crime were going up. He then requested an explanation of the difference between a burglary and a larceny. Chief Thompson explained the difference between the two categories of crime and indicated the department was working on reducing the number of burglaries. It was reported that the increase in sexual offenses were related to family matters. Mayor Meserve inquired concerning the difference between the number of gallons pumped and the number of gallons billed comparing October of 2003 with October 2004. City Manager Hanson explained that the reason it had changed so much was caused by the fact that the meters at the water plants were read once a month and the individual meters were read for billing in four cycles. He indicated that on a month-by-month basis the figures were thrown off, but the four-month average presented a truer picture of what was happening. Motion: Approve Consent Agenda Item A as presented. Moved by Waters, seconded by Parsons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 MOTION CARRIED Committee Reports 5. Committee Reports A. Cultural Arts & Recreation Advisory Committee Report Rusty Pritchett, Chair of the Cultural Arts and Recreation Advisory Committee, updated the Commissioners on the events sponsored by the committee during the past five months. He indicated there was one vacancy on the committee and the current membership represented a diversity of backgrounds between the cultural arts and recreational aspects of the committee. Mr. Pritchett commented on several programs offered by the Recreation Department, which included Acoustic Nights, which proved to be very popular and the Songwriters' Concerts both of which would resume in the spring. He indicated that the Teen Council surfing contest was held last month, and they also had sponsored a triathlon and skate lab. Mr. Pritchett reported that the Art in Public Places Committee was making good progress and had attained their 501(3)(c) status. He indicated that RFP's for ~. November 22, 2004 REGULAR COMMISSION MEETING Paee 5 artwork had been issued for the Five Points and Adele Grage Cultural Center areas to display some type of art on a rotating basis. He further reported that the Recreation Department sponsored the city's first annual SK Fun Run on August 1St, which they hoped would turn into an annual event. It was also reported that the Little League sixth annual Fall Farewell was held over the weekend with forty-two graduates and two scholarships being granted. Mr. Pritchett reported that future events included the Navy Band Brass Quartet performing at the Christmas Tree Lighting on December 4th, a spring Art Festival in May and a Teen Council sponsored movie in the park sometime in the spring. In response to Ms. Clemens' comment on the sculpture located at the Five Points intersection, Mr. Pritchett responded that a formal dedication ~, ceremony would take place as soon as a brass plaque for the sculpture is received. He indicated that the sculpture was called "The Elements". Commissioner Simmons stated that she thoroughly enjoyed the Acoustic Nights and encouraged the entire community to participate in the event. Commissioner Simmons suggested the Committee consider promoting ~„ events highlighting neighborhood walks or something to promote Dutton Island and Tideviews Preserves. Action on Resolutions 6. Action on Resolutions There was no action on Resolutions. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 15-04-10 Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, SUPPLEMENTING ORDINANCE NO. 15-95-7, ENACTED BY THE CITY COMMISSION ON NOVEMBER 13, 1995, AS SUPPLEMENTED BY ORDINANCE NO. 15-96-8, ENACTED ON MARCH 11, 1996; PROVIDING FOR THE REFUNDING OF A PORTION OF THE CITY'S OUTSTANDING UTILITIES SYSTEM REVENUE BONDS, SERIES 1996; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $20,000,000 UTILITIES SYSTEM REVENUE REFUNDING BONDS, SERIES 2004, TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM THE PLEDGED REVENUES ON A PARITY WITH THE CITY'S OUTSTANDING UNREFUNDED PORTION OF THE 1996 BONDS; PROVIDING FOR THE USE AND APPLICATION OF THE PLEDGED REVENUES; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH, THE REGISTERED OWNERS OF SUCH BONDS; PROVIDING FOR THE SALE OF THE BONDS AT November 22, 2004 REGULAR COMMISSION MEETING Pa e 6 NEGOTIATED SALE; APPROVING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS; AUTHORIZING THE DELIVERY OF A FINAL OFFICIAL STATEMENT; AUTHORIZING AN UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE WITH RESPECT TO THE BONDS; PROVIDING FOR THE DELEGATION TO THE CITY MANAGER OF THE AUTHORITY TO AWARD AND DELIVER THE BONDS TO THE UNDERWRITER WITHIN CERTAIN PARAMETERS SET FORTH HEREIN; AND PROVIDING AN EFFECTIVE DATE. The Mayor read the ordinance by title only. Motion: Approve Ordinance No. 15-04-10 as amended on final reading. The Mayor opened the floor for a public hearing. Alan Potter of 374 Second Street reiterated his previous comments concerning the proposed bond issue. He reminded the Commissioners that ,~, the present bond issue cost the taxpayers $1,113,000 in fees and the proposed bond issue included 5% of the total issue or $1M in fees. He believed that if the city really wanted to save money, it should pay off $1M ~. of the present bonds early. J.P. Marchioli of 414 Sherry Drive believed the citizens should be informed in a simple, easy to understand format of all of the costs associated with the refinancing and how the money will be spent. No one else spoke and the Mayor closed the public hearing. City Manager Hanson emphasized that the cost of the bond issue was not ~. 5%. He indicated that the estimated cost for issuance of the bonds was $250,000 and the money from the 1996 bond issue was spent with the completion of the Core City Project. City Manager Hanson further stated ~'"" that a listing of how the funds were spent could be obtained from Finance Director Van Liere's office. He further indicated that the city was refinancing outstanding debt. City Manager Hanson informed the Commissioners that the ordinance given to them included a change to remove a particular onerous provision, which ~" was included in the previous ordinance that to sell equipment valued as low as $25,000, special permission must be obtained from the bond holders. He indicated that updated language relative to the sale of used equipment and disposition of funds derived from the sale were included in the ordinance. City Manager Hanson further indicated that the minimum savings on the bond issue that he would be authorized to signoff on December 7, 2004, would be 3%. It was reported that as of this afternoon, the savings rate of .. ~. November 22, 2004 REGULAR COMMISSION MEETING Paee 7 the bond market was recalculated at 5.1 %. He indicated that if the net ~" present value of savings were not at least 3% at the time of the sale, the bonds would not be sold. °'" Mayor Meserve explained the reasons for financing long-term capital projects with bonds. He pointed out that if reserve funds were used to pay down the bonds, the interest gained on the invested funds would be lost over ~' time, and the city would be paying for along-term capital program with today's dollars, with the burden falling to current residents, while future residents would get a free ride. ~. Finance Director Van Liere commented that the city's reserve funds were ,~ earmarked for future proj ects and presently there were more projects than available funds. He pointed out that if the bonds were paid off from reserves, the city would be borrowing funds in the future for capital projects. Commissioner Waters inquired as to what the interest rate should be to determine if it was worthwhile to refinance the bonds. Jack McWilliams, ~„ whose company Livermore, Freeman and McWilliams, P.A., was chosen bond counsel for the city explained that today's interest rate was 4.13%, down from the 5+% previously mentioned. He indicated he wished to ~. address some of the comments made by Mr. Potter. Mr. McWilliams indicated that the city's Financial Advisor was Dunlap and Associates, and it was their job in this transaction to represent the city and keep the costs ,~. associated with the transaction as low as possible. He indicated that they would also work closely with the Underwriter, who is the critical person in the transaction. Mr. McWilliams explained the process for issuance of the ~• bonds and indicated that all information concerning the sale was available to the public through the Financial Advisor's office and the Finance Director's office. Mr. McWilliams read a hypothetical list of costs of issuance for the bonds based on the current day's interest rate and indicated the cost would be $2.85 *~ per $1,000 of bonds, which he deemed reasonable due to a competitive market. Mr. McWilliams stated that the 1996 bonds could not be paid off early and indicated the bonds could not be called before 2006. It was ~"" pointed out that the principal amount and interest rate would not be known until the day of the sale, and if the city decided not to refinance the bonds on that day, there would be no costs to the city. Discussion of escrow accounts and previous bond refundings ensued. Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 ~. November 22, 2004 REGULAR COMMISSION MEETING Page 8 MOTION CARRIED Miscellaneous Business 8. Miscellaneous Business A. Request to authorize Builders Care to perform CDBG funded '~ housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004-2005 FY CDBG contract (City Manager) ~"" Motion: Waive formal bid procedure and authorize Builders Care to perform CDBG funded housing rehabilitation services at 449 Mako Drive pursuant to the City's 2004-2005 FY CDBG contract. Community Development Director Doerr explained the request as written in her staff report, which is attached and made part of this official record as Attachment A. Commissioner Parsons inquired concerning the age of the home. It was reported that the homes in that area were built in the 1950's and 60's. ~„ Moved by Beaver, seconded by Simmons Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve ~. Nay: 0 - MOTION CARRIED B. Provisions for discussion related to Bracket Signs within Town Center and the Central Business District (City Manager) City Manager Hanson provided background information concerning the request for bracket signs in Town Center and reported that the City of Neptune Beach was not interested in revising their sign. ordinance relative to bracket signs. It was reported that Community Development Director Doerr's recommendations for bracket signs were sent to the Town Center Agency for review and they had no comments at this time. City Manager Hanson further stated that the information was being presented to the Commission for consideration and if the Commission ~" wished to allow this type of sign, the current sign ordinance would have to be amended to permit bracket signs in the Central Business District. '~"" Ms. Doerr explained that the provisions for bracket signs were written with consistency in appearance and size, and the lighting. She then inquired if the Commission wished to consider limiting the use of bracket signs to retail and '~` restaurant uses only. It was pointed out that the Town Center area was unique and the bracket sign would extend into the right-of--way. November 22, 2004 REGULAR COMMISSION MEETING Pa e 9 Commissioner Simmons reported that she had attended the meeting of the '" Town Center Agency when bracket signs were discussed. She indicated that those present expressed concern that second floor businesses, like those located above Ocean 60, would also request bracket signs, resulting in "~" multiple signs blocking each other. Commissioner Simmons stated limiting bracket signs to retail and restaurant uses could eliminate this concern and a directory could be used for second floor businesses. Commissioner Simmons also reported Ukulele, Patina, and Ocean 60 had already purchased attractive oval signs to hang in front of their businesses, which she felt would make attractive additions to Town Center. „~, Commissioner Waters inquired as to the size of the proposed bracket signs and Ms. Doerr stated that she had set the standard size to be 2 x 3' for bracket signs. Commissioner Waters requested that all bracket signs be ,~, consistent in size. Commissioner Waters stated he was opposed to marquee signs and he believed the area would look cluttered if both types of signs were allowed. He believed only bracket signs should be allowed in Town ~,,, Center. Commissioner Beaver inquired if the use of bracket signs could be confined ~,~. to Town Center instead of the Central Business District. Discussion of both areas ensued. Commissioner Beaver stated he really was not in favor of bracket signs, but agreed that consistency was important. He believed that a ~• single bracket sign would be appropriate and suggested that the marquee sign be eliminated. He agreed with limiting the signs to retail and restaurant uses and confirmed this provision would prevent second floor businesses from hanging bracket signs. Commissioner Simmons requested consideration be given to the use of the oval signs already purchased by the businesses mentioned earlier. By consensus the Commission agreed that the use of bracket signs should be ~" limited to retail and restaurant use only and that the signs should be of a consistent size not to exceed two-feet in depth and three-feet in width. It was agreed that the marquee sign would be eliminated from the ordinance. Mayor Meserve requested that an ordinance be drafted with the listed changes for consideration at the next Commission Meeting. C. Report and recommendations for sidewalk construction (City Manager) Public Works Director Carper displayed maps of the city indicating the location of the proposed sidewalks and explained the criteria used to rank "'~ the locations for sidewalk construction this year. Mr. Carper noted there November 22, 2004 REGULAR COMMISSION MEETING Paee 10 were two errors on the maps and indicated that the West 9"' Street sidewalk is a future project and the sidewalk should be shown on Selva Norte, not Selva Marina Drive. ~,. Mayor Meserve stated that he had received positive comments concerning the sidewalk being installed on Plaza. He indicated that he liked the ~ meandering look and requested that it be continued at other locations. Mr. Carper stated they would continue the look if there was enough right-of- way. Commissioner Beaver commented on a recent letter to the Editor of the Beaches Leader and noted that a good portion of the funds budgeted for ~,, sidewalk construction would be spent for sidewalks constructed in the Marsh Oaks area of the city. ~ At the request of Commissioner Parsons, Mr. Carper provided detailed information concerning the grading criteria used to rank the sidewalk locations with safety being a key consideration. Discussion of the proposed and approved bike path locations ensued. Commissioner Waters inquired concerning the bike path overlaying the sidewalk on Seminole Road, north of 19`h Street. It was noted that the bike path between 18`h Street and Garden Lane on Seminole Road was on the list for proposed bike paths but should not have been included on the map. Mr. Carper stated that the bike path to be constructed next year would run on Seminole Road from south Garden Lane to Oceanwalk Drive North. Commissioner Waters inquired as to how it would be constructed and Mr. ~" Carper responded that the sidewalk would be widened to include the bike path. '~' Commissioner Parsons expressed concern that shrubbery on the right-of- way on the west side of Seminole Road between 18`h Street and Saturiba Drive would block widening of the sidewalk for the bike path. Motion: Approve sidewalk construction for FY04-OS as recommended in Public Works Director Career's Staff Report dated November 22, ~'" 2004. (A copy of the Staff Report is attached and made part of this official record as Attachment B). Moved by Simmons, seconded by Beaver Votes: Aye: 5 -Beaver, Parsons, Simmons, Waters, Meserve Nay: 0 - MOTION CARRIED November 22. 2004 REGULAR COMMISSION MEETING Pa a 11 City Manager 9. City Manager A. City Manager's Report City Manager Hanson reported on the following items: ~. Super Bowl Banners ~. • Reported that Super Bowl banners would be located on private property and were allowed under Section 17-33 of the City Code as long as the banner noted the event and contained no advertisements for products. ~, Fleet Landing Lift Station Maintenance • Explained the maintenance issues with the Fleet Landing Lift Station and indicated that if the city was called on an occasional basis to help with pumping or repairs, the city should be reimbursed for the time and expenses at the cost plus 100% administrative fee formula. An agreement with Fleet Landing for the city's services was presented to the Commissioners for review. It was disclosed that Mayor Meserve serves as the CEO of Fleet Landing. There were no objections to entering into the agreement with Fleet Landing for lift station maintenance. JEA Electrical Outages • It was reported that recent outages were caused by dust and salt accumulations on the insulators and the JEA workers were cleaning the insulators. Cigarette Butt Litter in Town Center • Reported that the Town Center Agency had complained concerning the accumulation of litter from cigarette butts being thrown on the ~" sidewalks. He indicated that he had met with the City Manager of Neptune Beach and both cities agreed to provide gooseneck ashtrays for the area. Parliamentary Procedure Training • Reported there would be Parliamentary Procedure Training on Wednesday, January 19, 2005 from 6:00 - 8:00 p.m., if any Commissioner wished to attend. November 22, 2004 REGULAR COMMISSION MEETING PaEe 12 Reports/Requests 10. Reports and/or requests from City Commissioners and City City Commissioners Attorney City Attorney Commissioner Beaver • Requested that the BP Station on Mayport Road be cited for the banner sign, which has been up for several months, and that Val Rico also be required to remove the banner sign on their property. He believed some latitude should be allowed to bring a sign into compliance, but if it becomes excessive, they should be found in violation of the Sign Ordinance, which does not allow banner signs. Commissioner Simmons • Commented on the frustrating experience of trying to get the JEA to ~„ repair the street lights that were out in the two and one-half block section of Beach Avenue, adjacent to Town Center. • Commended Waste Services of Florida, Inc., the city's solid waste collection service, for going the extra mile to clear up the huge piles of trash left after a yard sale at the condominium across from her home. Commissioner Parsons • Reported rusty, arcing transformers in the same area as where the street lights were out on Beach Avenue and requested they be replaced. Commissioner Waters • Reported that some of the reflectors on Seminole Road were missing and requested that they be replaced. • Reported that the water bills for some residents in Oceanwalk had more than doubled and inquired if refunds were being given to owners with irrigation meters. City Manager Hanson stated there would be no refunds. He further stated that irrigation meters were not charged for sewer, but if the consumption fell under "Large User", the rates had been increased to encourage water conservation. '"" • Inquired concerning the benches in Town Center. City Manager Hanson indicated that the city had repainted the metal and wood benches and it was discussed to install arms in the middle of the wooden ~'" benches to discourage people from sleeping on them. ~. November 22 2004 REGULAR COMMISSION MEETING Page 13 • Inquired concerning the use of underground dumpsters in Atlantic "~ Beach and was told their use was discouraged due to the high water table. Mayor Meserve • Requested that the Commissioners think about cost sharing with Jacksonville Beach relative to trolley transportation for the Super Bowl, which might include transporting people from public parking to Town ~ Center. The Mayor indicated he would keep the Commission informed as more information becomes available. ~„ • Reported on a recent meeting with City of Jacksonville officials concerning beach renourishment and recommended that the city retain Kevin Bodge long term to keep the city apprised of available funding ,,,, for beach renourishment. • Reported that City Manager Hanson and he met with officials from the City of Jacksonville for support and coordination of the Mayport Road median improvements project. He indicated that the City of Jacksonville believed it was a good project, and there was an initiative for the City of Jacksonville to fund the project in 2005 and act as the contractor for the FDOT to get the job completed. Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:20 p.m. John Meserve, Mayor/Presiding Officer ATTEST: Donna L. Bussey Municipal Clerk ,~.