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4-23-12 MINUTES REGULAR CITY COMMISSION MEETING April 23, 2012 CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Mike Borno City Attorney Alan C. Jensen Mayor Pro Tem Maria Mark City Manager Jim Hanson Commissioner Jonathan Daugherty City Clerk Donna L. Bartle Commissioner Carolyn Woods Recording Secretary Nancy E. Bailey Absent: Commissioner Mark Beckenbach (excused) Call to Order/Pledge: Mayor Borno called the meeting to order at 6:30 p.m. Mayor Borno gave the Invocation, followed by the Pledge of Allegiance to the Flag. 1. Approve the minutes of the Regular Commission Meeting of April 9, 2012. Motion: Approve the minutes of the Regular Commission Meeting of April 9, 2012. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 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. A. Presentation by Representative Janet Adkins. Mayor Borno introduced and welcomed Florida Representative Janet Adkins. Representative Adkins thanked the Commission for allowing her to be here, stating it is important that she come before them so they can hold her accountable for what happens in Tallahassee. She proceeded by giving a Legislative Update of the 2012 session to the City Commission and audience explaining the challenge this year was another budget shortfall. She gave a PowerPoint presentation including slides of Florida's Unemployment Rate, stating it has changed from 10.2% in October 2011 to 9% as of last week; the 2012/13 Appropriations by Fund Type; History of 10 years of General Revenue Appropriations; Budget Highlights; the validated Florida House map and the Senate and Congressional Maps, which have not been validated; a budget overview; a review of the Florida/County Economic Indicators/Trends; and the Bills of local interest passed during the Legislative Session. She also explained what could be expected from 2013 Legislative Session. She further explained the continued work being done to save the St. Johns River Ferry and the work being done to improve the educational system. She summarized the Amendments that will be on the November 2012 Ballot. She closed by introducing Marianne Marshall of her legislative staff who works with their constituent relations, stating if anyone ever needs assistance with State government in cutting through the bureaucratic red tape, do not hesitate to reach out to her office. April 23, 2012 REGULAR COMMISSION MEETING Pate 2 Commissioner Mark thanked Representative Adkins for her leadership and follow - through, especially with the St. Johns River Ferry. Representative Adkins stated there are a lot of people who depend on the ferry for transportation and she believes they can now see the pathway forward to save the ferry. She stated she is encouraged but follow - through is absolutely critical. Commissioner Woods thanked Representative Adkins stating she is the first Representative who has come speak with us and she really appreciates it. Commissioner Daugherty stated Representative Adkins will be at the Beaches Diner next Tuesday if anyone wanted to come meet and speak with her. Mayor Borno discussed Home Rule with Representative Adkins. He asked how badly the State Transportation Trust Funds got raided this year. Representative Adkins stated the Transportation Budget actually increased this year but she will get him the exact numbers. He thanked her for her time tonight, stating he looks forward to working with her in the future. Sally Clemens, 1638 Park Terrace West, addressed the Commission stating any breathing citizen of Atlantic Beach has an opinion about the Atlantic Beach Police Building but they are not necessarily biased. She stated bias is based on prejudice, not reason, and mature citizens can have open minds. She stated the citizens on the Police Building Committee seem to come from all walks of life and have different life experiences. She stated after listening to Mitch Reeves at the last meeting, there seems to be no financial gain for him. She stated Juliette Hagist's work experience of cleaning police uniforms brings a different need for space. She stated Atlantic Beach is not a cookie cutter community and design must be considered to blend with our community character. She stated parking spaces are a need and, if there are not enough, our park users will not be using our green spaces. She stated over six years ago a location for the police building was desired to be put on City -owned property but if different property within the City limits could be obtained as a gift or at reasonable market value, this could be another consideration. She stated she believes using a specialized company to help with the community vision project, as discussed at strategic planning, is a good suggestion because these professionals look into the future and save us money in the long run. She further stated the Charter does need a review, which could be done by interested Atlantic Beach citizens, from which staff could prepare a ballot for a referendum. Lee Edgar, 1185 Stocks Street, thanked everyone involved for his septic to City sewer conversion stating everyone was very helpful. He further thanked the Police for getting the bicycles without lights off the streets. He addressed the 35 mph speed limit issue, asking would it be enforceable and would it slow the bad people down. He stated it would take the already overtaxed officers off of what he calls "Daytona North" or the Intracoastal Bridge. He stated his problem is the merging of traffic at the last possible moment from people trying to head west over the Intracoastal Bridge from the two left hand lanes going south on Mayport Rd. He stated at 45 mph he has a chance, but at 35 mph with everybody doing that except the bad people, he believes it would be a disaster down there. Don Remley, 1309 Violet Street, addressed the Commission regarding the intersection of Atlantic Blvd. and Mayport Road. He stated it is the worst intersection he has seen. He stated when coming off of Atlantic Blvd. and turning onto Mayport Road, you don't get much of a chance to get up to speed when you have cars coming from everywhere. He stated he doesn't see any way to fix the traffic, but maybe lowering the speed limit would just slow things down a little bit and give us a better chance. No one else from the audience spoke so Mayor Borno closed the Courtesy of the Floor to Visitors. April 23, 2012 REGULAR COMMISSION MEETING Page 3 3. Unfinished Business from Previous Meeting A. City Manager's Follow -up Report. None. 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 Recreation Programs and Special Events Report, the Utility Sales Report and the Financial Report for March 2012 and the Public Works and Utility Departments Project Status Report as of April 12, 2012. B. Declare list of property as surplus so it may be disposed of in the most beneficial way to the City. C. Approve Resurfacing List for FY12. Mayor Borno read the Consent Agenda. Motion: Approve Consent Agenda Items A, B and C as read. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 5. Committee Reports A. Request for extension of time — Police Building Ad Hoc Committee. Chief Classey explained Chairman Varney was out of the country so he would present the committee's request for an extension of the timeframe that was put in the initial committee charge. He stated they have had some scheduling conflicts and the next meeting will be held on May 9 and they will continue with their work toward reaching a recommendation for the Commission at that time. City Manager Hanson explained there was no specific date requested in this request from the committee. He stated he believes it is appropriate, if the Commission considers this, to give a date certain as to when this should be completed rather than it being open- ended. He recommends that they should be able to finish by the end of May. Chief Classey stated that is within an acceptable range, but he can't speak for the committee, but it appears to be nearing the end of many of the decisions they would need to make in order to author the report. He believes there would need to be at least one meeting and then two meetings following the end meeting to review a draft report and then approve the final report, which could be accomplished by that time. Motion: Extend time for the Police Building Ad Hoc Committee to June 1, 2012. Moved by Daugherty, Seconded by Mark April 23, 2012 REGULAR COMMISSION MEETING Pate 4 Commissioner Daugherty explained if they end by June 1, they could have their report ready for the agenda for the June 11 Commission meeting. Commissioner Woods agreed with Ms. Clemons that we have a good group in this Police Committee and she believes everybody is there for the right reasons. She stated she appreciates the hard work they have been doing. She further stated she is concerned that this process has been going on for a long time; they have been looking at putting a building over here for about six years and it keeps almost getting there but not quite. She stated, looking at the big picture, it seems to her that if that was really the right place for this building it wouldn't have taken so much to get it there. She stated Mr. Hanson explained to the committee that they had looked at putting a building on Mayport Road and it seemed too expensive. She stated since they did that in 2006 -2007, the economy and real estate market have changed a lot and she would like to see the committee look at that before they are done. She stated when the building starts encroaching on the park she believes that is where all the push back is from. She stated although the way the building is configured we are going to end up with additional parking, but we do have to give up the green space for the parking. If the police building is located somewhere else we don't have to give up any green space and we get a lot more parking which will help those who use the park. She stated she wants to give the committee all the time they need to look at the issues and does not believe setting a time for the committee is the most important thing. She stated she prefers they ask the committee when they think they will be ready and let them set the date for us. Mayor Borno stated he believes it is reasonable to set the June 1 date because the committee can come back at any time to extend the time. Commissioner Daugherty asked Mr. Hanson if Mr. Hionides' Palms property option was given to the Committee. Mr. Hanson stated that was conveyed to the committee and it was his understanding that the committee chose not to meet with Mr. Hionides and not to consider any other options offsite. Chief Classey stated that was correct. He stated the committee voted unanimously not to consider putting it over on Mayport Road. Commissioner Daugherty stated although he would love to have it over there, they put it in the committee's hands for a reason and they should let them do their job. He stated he does not believe they should postpone this anymore than necessary. He stated there is a need that has existed for a very long time and the police are working in deplorable conditions and something needs to be done about it. He stated this is a reasonable time for them to have a couple of extra meetings and if they need more time they can come to us with a reasonable request, but he would like to get something done on this. Commissioner Woods stated at the one meeting she did attend, Mr. Hanson indicated the property on Mayport Road would add a couple million dollars to the cost of the building and she is not sure, without doing a new market research, that that still stands. She stated she still believes it would be prudent for the committee to at least do the market research and see what the existing conditions are. She stated to categorically say we don't want to consider anything over there is an injustice to the whole process and everyone. Chief Classey stated there were other reasons discussed besides the cost, such as accessibility and being centrally located and those things were considered by the committee during some of their discussions. He stated one of the options early on was where else they looked at possibly locating it, which were primarily City properties, but Mayport was included in that as well. He stated the committee talked specifically about the Hionides' property and accessibility, distance and response times, etc. before they made their decision. April 23, 2012 REGULAR COMMISSION MEETING Page 5 Commissioner Woods stated when they discussed in Strategic Planning about annexing all of the north part of the beach, she thought that the police building really needs to be out there if that ever happens because there would be a huge population they would need to serve other than right here. Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 6. Action on Resolutions None. 7. Action on Ordinances A. ORDINANCE NO. 20-12-115, Public Hearing and Final Reading AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012, AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 20 -12 -115 by title. Motion: Approve Ordinance No. 20 -12 -115. Moved by Mark, Seconded by Daugherty Mayor Borno summarized the two amendments to the budget. Mayor Borno opened the Public Hearing. No one from the audience spoke, so he closed the Public Hearing. Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED B. ORDINANCE NO. 95-12-105, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES AND PARKS, ARTICLE III, PUBLIC PARKS, SEC. 5 -32, USER FEES FOR PARKS AND RECREATION FACILITIES, ELIMINATING THE DEPOSITS FOR FIRES ON THE BEACH AND CAMPING AND PROVIDING AN EFFECTIVE DATE. Mayor Borno read Ordinance No. 95 -12 -105 by title. Motion: Approve Ordinance No. 95 -12 -105. Moved by Daugherty, Seconded by Mark Mayor Borno explained this is to eliminate the $25 deposits, due to the administrative burden. Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED April 23, 2012 REGULAR COMMISSION MEETING Page 6 8. Miscellaneous Business A. Report on Contract 1831 -18 -R Awarded to City of Atlantic Beach for City Hall Wind Retrofit. Building Official Mike Griffin explained the grant stating the grant will pay $29,802 and the City will pay $9,934 for a total of $39,736. He stated staff recommends approval for the Mayor to sign the FEMA grant contract. He answered several questions from the Commission. Discussion ensued. Motion: Authorize the Mayor to sign the FEMA grant contract authorizing the City to enter into the agreement for the wind retrofit funding. Moved by Daugherty, Seconded by Mark Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED 9. City Manager A. City Manager's Report. City Manager Jim Hanson reported on an emergency approval for two HVAC replacements. He stated they did not get the final approvals for these from Jacksonville until after this agenda went out. He explained the emergency is that one of these units is causing an odor problem due to bacteria in one of the condensing units in City Hall, which has been ongoing for a few weeks. Mr. Griffin further explained the HVAC replacements, stating staff recommends the approval of the additional unit cost of $25,432 to be added to the grant. He stated this is 100% grant money. Motion: Declare this item an emergency action. Moved by Daugherty, Seconded by Borno Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED Motion: Accept staff recommendation to add two 18 SEER rated 7.5 ton units for City Hall and Police Building as approved by the City of Jacksonville and State of Florida grants resulting in an increase of $25,432.70, which is covered 100% by grant funding. Moved by Daugherty, Seconded by Woods Mr. Griffin and Mr. Hanson answered questions from the Commission. Votes: Aye: 4 — Borno, Daugherty, Mark, Woods Nay: 0 MOTION CARRIED April 23, 2012 REGULAR COMMISSION MEETING Pate 7 10. Reports and /or requests from City Commissioners and City Attorney A. Conflict of Interest Opinion. Mayor Borno stated the City Attorney has answered this and they all have seen his opinion. Commissioner Woods stated she was glad to see there was no conflict and asked if it is Mr. Reeves' decision whether he votes. City Attorney Jensen stated it would be Mr. Reeves' decision to declare if he has a conflict, as any individual member. Commissioner Woods stated she thought Mr. Jensen said that maybe he shouldn't be voting even if he stayed on the committee. Mr. Jensen stated that was presented as something that he should consider, but since he has been to so many meetings it would not make sense for him to not participate anymore but if he believes there is a conflict or a perception of a conflict he could consider abstaining from voting. B. Community Survey by Beaches Habitat. Commissioner Mark stated she was contacted by Leslie Katz, Director for Beaches Habitat, who explained that Beaches Habitat along with AmeriCorps is conducting neighborhood surveys. She stated they are having their survey blitz day on May 5 from 9:00 a.m. — 1:00 p.m. at the Beaches Habitat office on Francis Avenue, if anyone has not filled out their survey about their neighborhood. Commissioner Woods added that participants would get lunch and a T -shirt. C. Speed Study for Mayport Road. Commissioner Mark stated she was contacted by some citizens requesting the speed limit on Mayport Road be lowered. She contacted Jerry Ausher, the traffic engineer at the Florida Department of Transportation, regarding what they could do to look at the speed on Mayport Road. He stated they could do a speed study. She stated they conducted the speed study on April 17 at four different locations and times and the study showed the average speed was between 46 -48 miles. She stated Mr. Ausher explained that based on that speed study they felt that was the proper speed and at this time did not warrant being reduced. She stated they also provided the 2009 report that Mayor John Meserve had requested, which showed basically the same speed studies. She stated for now it will remain at 45 mph. Discussion ensued. Mayor Borno wished City Clerk Donna Bartle a Happy Birthday. Commissioner Daugherty • Stated they have several openings on some of the boards but do not have a full Board Member Review Committee. He asked City Clerk Bartle to send the applications for the Board Member Review Committee to the Commission and asked the Mayor to suggest someone for appointment at the next meeting. • Discussed crosswalks and asked staff to explore some options and what would be involved in working with FDOT to put enhanced crosswalks on Mayport Road and Atlantic Blvd. He stated in the future he would like to see a comprehensive pedestrian safety study done for the City. Commissioner Mark • Stated she had asked City Attorney Jensen to do some research on Ad Hoc committees and how the conflict of interest in the Florida Statutes applied to them, and he responded that it looks like it does hold them to the conflict of interest requirement. She suggested they need some standard language to include in the charge to the committees informing them of this conflict of interest they would be April 23, 2012 REGULAR COMMISSION MEETING Page 8 under, so we could avoid this kind of issue in the future with the committees. She stated if the Commission agrees, Mr. Jensen could draft something for them to look at. Mayor Borno stated he believes that people who are applying for the committees should be made aware of that and it should also be in the charge to the committee. • Suggested setting up an interview schedule for the Board Member Review Committee applicants so the Commission would all have the opportunity to meet with the candidates. City Manager Hanson stated he understood Commissioner Daugherty's comment to be that he was asking the Mayor to announce who his appointment would be prior to the next meeting so the Commissioners could contact that one person, which would be a little at odds with what Commissioner Mark was saying. Commissioner Daugherty stated according to the Charter, the Mayor makes the appointment and the Commission either approves or disapproves the appointment, but they don't choose who the nominee is. He explained he just wanted the information to be sent out to the Commission so everyone is aware of the choices, which may affect their decision to approve or disapprove. Mr. Hanson asked if he was requesting that the Mayor let everyone know who his recommendation would be before the meeting. Commissioner Daugherty stated that would be ideal if he would do that. • Regarding the crosswalks she asked if staff has already done any research on that. Mr. Hanson explained some months ago the Commission asked staff to put together a report on pedestrian safety but Chief Classey has been sidetracked with the Police Building ever since. He stated what he took from the strategic planning is that staff needs to get that done as soon as the Police Building issue is out of the way and have Chief Classey start with a comprehensive view of where have the accidents and injuries been and how we might approach them. He stated he believes what Commissioner Daugherty asked was just to see if the FDOT would be willing to look at this, which would not be an excessive amount of work to make a phone call or two. Discussion ensued. Commissioner Woods • Reminded everyone of Arts in the Park this Saturday. • Has had a couple of people contact her regarding the tennis courts in Russell Park stating the pro may be using more courts than he is supposed to be using, or inappropriate courts, and he is not being amenable to accommodating other people when they are there. Mr. Hanson stated they have heard the complaints and Timmy Johnson has been involved and he believes he has a realistic solution. He stated there are plenty of courts for everybody to cooperate. • Agreed with Commissioner Mark about language for the committees and when they get to the Charter review the whole process of setting up the committees will be addressed. Mayor Borno • Reminded everyone of Gospel in the Park at Jordan Park this Saturday. Adjournment There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:00 p.m. /41-A-4, /60-4.44--t Mike Borno Mayor/Presiding Officer ATTE T: w -fi ditkitet Donna L. Bartle, CMC City Clerk