Agenda Item 1 Draft Minutes of Nov. 13, 2007MINUTES
REGULAR CITY COMMISSION MEETING
November 13, 2007
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve Commissioner Carolyn Woods
Commissioner Mike Borno City Attorney Alan C. Jensen
Commissioner John L. Fletcher CiTy Manager Jim Hanson
Commissioner Paul Parsons City Clerk Donna Bussey
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Pledge of Allegiance to
the Flag followed the Invocation, given by Mayor Meserve.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on
November 6, 2007.
Motion: Aanrove the minutes of the Regular Commission Meeting on
November 6, 2007, as written.
Moved by Parsons, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors.
Mayor Meserve welcomed the audience and explained the process for public
comments.
Luanne Kovacs, 394 9`h Street, addressed the Commission regazding the National
Mazathon to Fight Breast Cancer, which will be held at the beaches on February 17,
2008. She stated more information can be received from the website
breastcancermazathon. com.
R.D. De Car1e,S1 Beach Avenue, expressed his support of the Neptune Beach
Resolution regarding the drainage of water from the St. Johns River basin down towazd
Seminole County and encouraged Atlantic Beach to join Neptune Beach in this effort.
He distributed copies of the resolution and backup information to the Commission.
Stephen Kuti,1132 Linkside Drive, congratulated the newly elected commissioners.
He also suggested using a holding tank for wastewater so it can be reused rather than
dumping it into the St. Johns River, which would reduce the amount of contamination
we aze contributing.
Tracy Raymond, 380 Ninth Street, manager of Patina Home, representing the
merchants in front of the Sea Turtle, expressed the merchants' concerns over the
pazking issue caused by the construction on the Sea Turtle. She stated the merchants
aze losing business because there aze no pazking spots for their customers. She
November 13 2007 ~ REGULAR COMMISSION MEETING Page 2
explained the parking spots are being taken by the construction workers and asked the
Commission for their assistance.
Pat Pillmore, 995 Camelia Street, addressed the Commission regarding the water
issues relating to the St. Johns River.
Unfmished Business 3. Unfinished Business from Previous Meeting
from Previous A. City Manager's Follow-up Report.
Meeting
City Manager Jim Hanson reported on the optional charge for two times per week
residential garbage collection, stating several people have expressed a desire to return
to two days per week pick up schedule. He stated it would take an Ordinance to change
the City Code to do this and asked whether the Commission wants them to proceed
with this or not. Mayor Meserve asked the Commission how they want to approach
this, stating they could do nothing, offer it as an option, or change the contract, which
would cost less but would force those who don't want the change to pay an additional
amount also. Commissioner Borno stated he would favor the extra pick-up be provided
for those who want to request it but does not want to revisit the contract because there
are only a few exceptions who generate more trash than they can handle in the large
container once a week. Commissioner Fletcher agreed with Commissioner Borno
favoring it be made available on a subscription basis rather than force it Citywide.
Commissioner Parsons believes we should research why the garbage service in
Neptune and Jacksonville Beaches is lower priced. He stated he does not have a
problem with revisiting the contract. Mayor Meserve stated since we have a contract,
this would be an option for those who say once a week is not enough and suggested we
get the answer to why our contracts are different. Mr. Hanson stated they would get an
ordinance and prepare a staff report with answers. Commissioner Borno stated he
believes these contracts are not all with the same carriers.
Reporting on the Palms Apartments, City Manager Hanson stated the City Attorney
confirmed neither the existing building codes nor the State codes we have adopted were
being violated by the building shells, as they exist. He stated City Attorney Jensen
confirmed the Commission could adopt an Ordinance to enhance or maintain the
aesthetic appeal of the community, which would require the owner of the Palms
Apartments to bring the condition of the buildings up to a point where they do not
diminish the overall appearance of the community. He asked the Commission if they
want the City Attorney to prepare an Ordinance to pursue the matter. Mayor Meserve
believes the City should go in the direction that if you buy a piece of property and do
partial demolition, you are required to have a construction plan. Commissioner Borno
stated the avenue they were considering pursuing has already been documented
throughout the State and there are ordinances that have been tried through the courts
that would put the City on a level playing field where they could gain control.
Commissioner Borno believes they should entertain that thought and pursue it, since
they have been advised by the City Attorney that it exists. Commissioner Woods stated
they should keep their options open. Commissioner Fletcher stated they should solve
the problem at a systemic level, rather than focusing on specific buildings they do not
like the appearance of, and therefore having to define appearance. Commissioner
Fletcher suggested adopting a more current building maintenance code that would get
the City out of these situations without singling out any particular property. City
November 13, 2007 REGULAR COMMISSION MEETING Page 3
Attorney Jensen stated he met with the City Manager and the Building Official, Dave
Hufstetler, regarding certain codes that may need updating in our ordinance. Dave
Hufstetler stated they could adopt the most current property maintenance code, but it
would not solve the problem at the Palms. He stated the intent of that code is to protect
the occupants and they are not trying to occupy the Palms. Mayor Meserve directed the
City Manager to work with the City Attorney and staff and come back with something
that could solve this in the future.
Mr. Hanson also discussed restoring the landscaping funding for flowers at several
intersections and asked if the Commission wanted staff to prepare an ordinance to
amend the budget or leave it as it is. Mayor Meserve suggested restoring the funding to
plant flowers or bushes again. Commissioner Woods suggested finding a happy
medium between annual flowers and ground cover plantings. Commissioner Parsons
agreed to refund the landscaping budget and put the flowers back. Commissioner
Borno stated he has been approached by citizens who have expressed they are happy
with ligustrums at the five points intersection and they don't miss the flowers.
Commissioner Fletcher agreed with. Commissioner Borno stating they should just make
a decision and move on. Mayor Meserve stated since this is not an action item tonight,
if one of the Commissioners wants to restore the funds to plant more flowers in the
future they will handle it at that time.
Discussion ensued regarding the parking problem in front of the Sea Turtle. Captain
Mike Classey stated if they put time limits on the parking spaces he would recommend
not less than 2-hour limits. Mayor Meserve directed Captain Classey to go forward
with this action.
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 Monthly Financial Report for September 2007, Public
Works and Utility Department Report and Utility Sales Report for October
2007, List of New Business Tax Receipts for October 2007, and Quarterly
Public Safety Report.
B. Authorize the Mayor to sign the related paperwork for the application and the
subsequent paperwork related to the Justice Assistant Grant (JAG). In addition,
to authorize David E. Thompson 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.
Mayor Meserve read the Consent Agenda.
Motion: Approve Consent Agenda Items A and B as read.
November 13, 2007 ~ REGULAR COMMISSION MEETING Page 4
Moved by Borno, seconded by Fletcher
Votes:
Aye: 5 - Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
None.
Miscellaneous 8. Miscellaneous Business
Business
A. Award Bid for the Hopkins Creek Regional Retention Pond Project (Bid No.
0708-01)
Public Works Director Rick Carper gave a presentation on the project and asked the
Commission approve the contract with Miranda Contracting.
Motion: Award contract for the Hopkins Creek Regional Retention Pond Proiect
to Miranda Contracting, Inc. and authorize the City Manager to sign the contract
for the City and authorize transfer of $13,806 from Project PW0309 to the Tree
Replacement Fund, as recommended.
Moved by Borno, seconded by Fletcher.
Commissioner Borno asked Mr. Carper how much grant money the City would be able
to use. Mr. Carper stated they would be able to use about 50% of the total cost, which
is $1.7 million.
Commissioner Fletcher commended Mr. Carper and asked who was the next lowest
bid. Mr. Carper explained the next lowest bid was $894,000 from Gibbs and Register,
with the highest bid being $1.4 million by BGCO.
Commissioner Woods asked Mr. Carper if he is familiar with Miranda's work. Mr.
Carper stated Miranda just recently finished the Begonia Street sewer extension and
paving, and stated although this will be the largest project they have done for the City,
they have done projects for the City, almost yeazly, for the past 5 or 6 yeazs.
Votes:
Aye: 5 - Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
B. Rate Study for Water and Sewer Impact Fees
November l3 2007 ~ REGULAR COMMISSION MEETING Page 5
Mr. Hanson explained the impact fees and recommended hiring a consultant to do the
calculations to determine the impact fees. He stated the funds are available in the
general account to pay for this and any recommended changes to the impact fees would
be presented to the Commission for approval in Ordinance form.
Motion: Authorize staff to begin process for hiring a consultant for the water and
sewer impact fee rate study.
Moved by Borno, seconded by Woods.
Commissioner Woods stated if they are going to be spending the money to upgrade our
system to start moving toward using purple pipe, it should be included in this study.
Mayor Meserve asked, since the consultant chosen will use our data on future major
construction to break down what the impact will be, could staff do the job instead or is
it specialized enough to pay a consultant to do it. Mr. Hanson stated he believes it is
specialized enough.
Votes:
Aye: 5 -Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
C. Wastewater Engineering Contract
Director of Public Utilities Donna Kaluzniak explained DEP would be requiring new
wastewater permits because of the Total Maximum Daily Load (TMDL), which
requires less nitrogen to go to the river. She stated, in this contract, they are looking in
more detail to find the most cost effective way to meet the TMDL. She stated another
part of this engineering contract is to design a reclaimed water system for Selva Marina
Golf Course, which they would not start on until the City has an agreement with the
Country Club.
Mayor Meserve suggested deferring this until the next meeting to allow time to contact
the other beach cities. He stated he would like the opportunity to speak with Mayor
Brown and others to see if there may be a joint solution.
Motion: Defer to the next meeting.
Moved by Fletcher, seconded by Parsons.
Ms. Kaluzniak stated this is not a bad thing to ask, but she does know that Jacksonville
Beach is already pretty far along in their design and have their consultant on board.
She stated she understands Neptune Beach has already hired a consultant but she is not
sure what they are doing with that consultant.
November 13, 2007 ~ REGULAR COMMISSION MEETING Page 6
Votes:
Aye: 5 -Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
D. Interlocal Agreement between Atlantic Beach and Jacksonville to address cross-
jurisdictional issues for those lots in the Selva Marina Country Club residential
development that will be located in both cities.
Mr. Hanson summarized the Interlocal Agreement which will determine who will
provide the services to the five lots the city limits line may cut through. He further
explained, for each lot, the jurisdiction that has the largest area would provide all the
services and collect all the taxes and fees. He stated the only exception will be for
garbage collection, which would be provided by Atlantic Beach for both jurisdictions
pertaining to these five lots. He recommended the Commission authorize the Mayor to
sign the Interlocal Agreement on behalf of Atlantic Beach.
Motion: Authorize the Mayor to sign the Interlocal Agreement between the City
of Jacksonville and the City of Atlantic Beach, Florida as attached and described
herein.
Moved by Borno, seconded by Fletcher.
Commissioner Borno explained Selva Marina is changing the deed to that property so
the height limit has been restricted to 35 feet.
Mayor Meserve proposed going to the Mayor of Jacksonville to see if they can come up
with another Interlocal Agreement for the handling of funding that would allow
Atlantic Beach to be paid back for the services provided to those areas like this that are
outside the city.
Votes:
Aye: 5 -Borno, Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
E. Report on FY 2008 Resurfacing Program
Mr. Carper presented a report on the resurfacing program, showing a slide of the three
streets (Saturiba Drive, from Selva Marina Drive to Park Terrace West; Ocean Grove
Drive; and Sailfish Drive) that will be resurfaced under the current budget.
Commissioner Borno asked what determines which streets get on the list. Mr. Carper
stated it is the lowest OCI that drives it and then it is mixed and matched to get the
most number of streets out of the group that is at the lowest OCI.
Commissioner Parsons asked if the infrastructure of these streets has been upgraded
lately. Mr. Carper stated Sailfish will be upgraded as part of the infrastructure
improvements but it will be several years down the road. He stated Ocean Grove has
just finished septic to sewer conversions. He stated he has not looked at the
November 13 2007 ~ REGULAR COMMISSION MEETING Page 7
infrastructure on Saturiba, but there is a water line on the north side and sewer line on
the south side.
F. Selection of Mayor Pro Tempore
Mayor Meserve nominated Commissioner Mike Borno as Mayor Pro Tempore.
Motion: Approve appointment of Commissioner Mike Borno to serve as Mayor
Pro Tempore
Moved by Meserve, seconded by Woods.
Votes:
Aye: 4 -Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
G. Appoint Commissioner to the Board Member Review Committee
Mayor Meserve nominated Commissioner Mike Borno to the Board Member Review
Committee. Mayor Meserve stated appointments to committees should not be based on
political favor and we need to assure we have diversity and citywide coverage when
appointing people to committees. He stated what they have asked the Board Member
Review Committee to do in each case is to go through a list of people who have
volunteered to serve the City and bring back to the Commission a recommendation. He
stated this procedure does not give the Commission any choice and he suggested they
bring this up at a future workshop to review and tome up with a better recommendation
policy. He stated there are several vacancies coming up by the end of the year on the
CD Board, one being vacated by Carolyn Woods. He asked that the Commission
support his nomination of Commissioner Borno so the Board Member Review
Committee can get on with their deliberations.
Motion: Approve appointment of Commissioner Mike Borno to serve on Board
Member Review Committee
Moved by Meserve, seconded by Parsons.
Commissioner Parsons suggested reviewing whether the City Manager and a
Commissioner should both be on the Board Member Review Committee. He stated this
is dangerous and believes the City Manager could be removed and use a commissioner
only. He believes you should not have two people who are more or less tied to the
City, especially the City Manager in his capacity. Mayor Meserve agreed they could
take a look at how the committee functions, although he does not have a problem with
staff being on it. Commissioner Fletcher agreed this would be most appropriately
discussed at a workshop, so they can look at the whole Board and how it works.
Commissioner Borno encouraged his fellow commissioners to carry applications with
them all the time. He stated he does this and is constantly soliciting to keep that
portfolio full of people with the right backgrounds for the right committees so there are
choices to be had. He stated he believes this is part of the Commission's duties.
November 13, 2007 ~ REGULAR COMMISSION MEETING PaEe 8
Votes:
Aye: 4 -Fletcher, Parsons, Woods, Meserve
Nay: 0 -
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported the City has received a grant for $881.00 to purchase bulletproof
vests. He also reported the generator at the City's lift station failed and needed to be
replaced, which cost $27,161 but was in the current year's budget for an estimated
amount of $30,000.
Mr. Hanson reported the Police Department has conducted several sting operations for
sale of alcohol to minors. He stated their last sting operation only resulted in one
person selling alcohol to a minor, which was a great improvement over past sting
operations.
Mr. Hanson announced there would be a shade meeting before the next Commission
meeting at 6:00 p.m. to discuss Union Negotiations.
B. Presentation on Rainfall versus Wastewater Flow
Ms. Kaluzniak gave a slide presentation explaining the Sewer System Infiltration and a
graph showing how the rainfall affects the wastewater flow.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney City Attorney Alan Jensen
• Distributed information to the Commission from the Government-in-the-
Sunshine Manual on emails. He stated one of the issues was, can more than two
elected officials be the recipient on the same mass emails and in discussing this
with Mr. Hanson, it seems if there are City issues on the email, he sees no
problem. However, if they reply to everyone and know it is going to go to
another commissioner, it is best not to reply. Mr. Jensen stated, although you
are allowed to do private things on City email, he suggested they don't; likewise
with private email, you can do City things on it, but it can then become a public
record. He suggested separating the public and private emails as much as
possible. Mayor Meserve agreed you can receive any email and read it and not
be in violation of the Sunshine Law but cautioned the Commission to be cazeful
how they respond. He stated he figures any email he sends out is going to the
entire Western World and Russia. Commissioner Fletcher asked if they respond
to someone who writes them an email and in that response they discuss
something that may come before the Commission to be voted on, is it not true
that then becomes a public document. Mr. Jensen stated that is true if it is City
business. Mayor Meserve stated although he has a City email address, most
people will still send emails to his Fleet Landing email, so he considers both
email addresses the same because he would respond to anybody either way and
November 13, 2007 REGULAR COMMISSION MEETING Page 9
realizes if he is asked to download everything that is City business, he must be
prepared to give it to them.
Commissioner Woods
Suggested going to two-sided printing for the agenda packet.
Commissioner Parsons
• Asked that naming the street behind the Post Office be revisited. He stated
there was some discussion before about naming it Fran's Way and he would
like to review that for the next meeting.
• Believes we should do a resolution similar to what Neptune Beach did regarding
the water from the St. Johns River.
• Has received many requests to allow drinking alcoholic beverages outside by
the courtyard/rotunda at Adele Grage. He stated he would like to have a
discussion regarding this also.
• Supports the merchants for the 2-hour parking limit, instead of a 1-hour limit.
• Explained a dog complaint was received from one person, which has caused the
family with the dog a lot of problems. He stated as the current Ordinance reads,
it only takes one person to bring up a complaint. He stated the City of
Jacksonville requires two complaints from unrelated people who do not live in
the same house. He stated he would like to copy that for our ordinance because
he believes one person can make a whole family's life really miserable.
• Stated he has been told our Administrative Fees are too excessive. After
checking with the City Manager, he was told the person must come before the
Commission to request that a lower fee be given to them.
Commissioner Borno
• Believes they should schedule workshop for several issues. Mayor Meserve
agreed and suggested December 11.
• Suggested having a factual lesson on the aquifer that serves us and where it is
supplied from. Ms. Kaluzniak stated she could give a basic presentation on the
aquifer but if they require more information on the whole issue of the water
coming out of the St. Johns River and what effect that would have she believes
they would need the district to do that. Commissioner Borno stated that is a
different issue, he was only thinking of the aquifer.
• Requested the commission revisit code enforcement fines and animal control
tickets. He believes it has been a while since they have been turned over to a
collection agency and believes they have amassed to a pretty good degree and
would like to see them collected.
• Reminded the Commission of the tree lighting on December 1.
• Stated the Department of Community Affairs gave a review of the
comprehensive plan and believes all Commissioners have been made aware of
this.
• Reminded the Commission that on Wednesday night, November 14, at 7:00 pm
Code Enforcement will have an expert give a presentation on canine aggression.
• Reported on his attendance at two recent Florida League of Cities (legislative
committee and fiscal stewardship committee) meetings. He encouraged the
Commission to plan on attending the Florida League of Cities Annual
November 1.3.2007 REGULAR COMMISSION MEETING Page 10
Conference in August as well as the workshops on Basic and Advanced
Orientations for newly elected officials.
• Reported there will be a Northeast Florida League of Cities meeting at
Timuquana Country Club on December 6, which will be Dezmond Water's last
meeting as president of Northeast Florida and asked if anyone would want to
attend.
Mayor Meserve
• Expressed his appreciation to the Commission for reviewing the agenda.
• Mentioned the Duval Delegation will be coming up soon and he will speak with
them.
Commissioner Woods
• Asked that we have a presentation on the river from the Water Management
District. Mayor Meserve stated there are three questions that we should ask
them to provide to us (1) how does it change the salinity of the river and what is
that impact on the ecology; (2) what does it do to the flushing of the river as far
as washing bad stuff out, particularly with TMDL; (3) tell us whether it is going
to negatively affect the river, because we have to meet federal standards and if
they are going to do that to us then they need to pay for it and participate in
what is needed to keep the river clean. Commissioner Woods also wanted to
know if this is all the water they are going to allow to be taken out. Mayor
Meserve suggested putting together some questions and he will send a letter to
them, because he doesn't believe they would want to sit through a presentation
from the Water Management District. Commissioner Fletcher agreed, stating it
would be a sales pitch, a justification hour, and would not give both sides of the
issue. Mayor Meserve stated it is not our water, we are a conduit to get it to the
ocean, but if this is going to negatively impact us we should have our say. He
stated before we take an emotional stand that they can't do that to us, we should
have facts stating why it is rejected, which would be more effective.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:08 pm.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk