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01-14-08MINUTES REGULAR CITY COMMISSION MEETING January 14, 2008 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. In lieu of the standard Invocation, Mayor Meserve expressed thanks that Commissioner Parsons had recovered from his recent surgery and was able to attend the meeting and presented him with a "Slow and Steady" Turtle. Following was the Pledge of Allegiance to the Flag. Commissioner Borno acknowledged and welcomed Councilman Art Graham, who was in the audience. Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on December 10, 2007. Motion: Aunrove the minutes of the Regular Commission Meeting on December 10, 2007, as written. Moved by Borno, seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Courtesy of the Floor 2. Courtesy of the Floor to Visitors. Mayor Meserve opened the Courtesy of the Floor to Visitors. He welcomed the audience and explained the process for public comments. Pat Pillmore, 995 Camelia Street, addressed the Commission stating she is embarrassed that this intelligent community has yet to make a formal statement on the expected future and health of the St. Johns River and expressed her concerns regarding the shrimping industry and Mayport. R.D. De Carle, 51 Beach Avenue, brought to the attention of the Commission that there will be a Water Supply Summit hosted by the Northeast Florida Regional Council on January 25. Geoffrey Sample, 7775 Baymeadows Way, Suite 102, Intergovernmental Coordinator with SJRWMD, introduced himself to the Commission explaining his role is to work with the state, federal and local officials to address and manage water resource issues on a local basis. He stated in order for his office to meet the District's goals, they rely on cooperative partnerships with Federal, State, Regional County and January 14, 2008 REGULAR COMMISSION MEETING Paee 2 City governments. He stated they have reviewed our resolution for the proposed surface water withdrawals from the St. Johns River and have submitted some comments for consideration. He thanked the Commission for allowing SJRWM to make their presentation last month, before they considered the resolution and stated he will be available to answer any questions that may come up tonight. Pete Loftis, 1015 Atlantic Blvd., owner of the UPS store at the Publix Shopping Center, spoke regarding concerns he has about his neighbor, the Landshark Cafe, and the negative actions of their customers toward his customers. He left photographs for the Commission to review. Bobby Deering, Owner of Landshark Cafe, stated he would address Mr. Loftis' concerns, and until a couple of days ago he has never been notified of anybody being concerned about the way they conduct their business. Mayor Meserve stated, as this is not an agenda item, no action can be taken on this tonight but the Commission will look into it with the City Manager to try to resolve this issue so both businesses are happy. No one else from the audience spoke so Mayor Meserve 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 None. 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 Public Works and Utilities Department Project Status Report, Utility Sales Report for November and December 2007, Financial Report' for November 2007 and List of New Business Tax Receipts for December 2007. B. Extend the contract for Polymer (Bid No. 0506-2) for one additional year to Leachem Industries, Inc. at the contract prices. C. Authorize the City Manager to sign the contract extension with Custom Tree Service for Hurricane Debris Removal (Vegetative Waste & Construction & Demolition /Mixed) and Addendum #2 to the Hurricane Debris Removal Contract. D. Approve the Cost-Share Agreement with the St Johns River Water Management District relative to the construction of the Hopkins Creek Regional Retention Facility and authorize the City Manager to sign the Agreement for the City of Atlantic Beach. E. Authorize the City Manager to sign an extension to the contract with Shaw's Tree Service, LLC for palm tree trimming for one year at the current prices. January 14, 2008 REGULAR COMMISSION MEETING Paee 3 F. Authorize the City Manager to sign an extension to the contract with Trim All Lawn Service for Landscape Maintenance for one year at the current prices. G. Authorize the City Manager to execute Change Order No. 4 to the Walding Company contract to add the additional paving on Ocean Blvd. H. Authorize the City Manager to enter into a contract with the Tennis Instructor, Brecht Catalan, for use of tennis courts; Atlantic Beach Athletic Association (ABAA) for use of Russell Park ball fields and concession stand; and Atlantic Beach Experimental Theater (ABET) for use of Adele Grage Cultural Center. Mayor Meserve read the Consent Agenda. Commissioner Borno asked that Item H be pulled and Commissioner Fletcher asked that Item D be pulled. Motion: Approve Consent Agenda Items A, B, C, E, F, and G as read Moved by Borno, seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Fletcher asked for further explanation of Item D. Mr. Hanson stated this is one of three grants the City now has for this project. He stated the City has purchased the property for the Hopkins Creek Regional Retention Pond and is ready to construct. Mr. Hanson stated the City had applied for a couple of extra grants to aid in the cost of this and was fortunate to get a 50% grant for the cost of construction from the St. Johns River Water Management District. Mr. Carper stated the City will be reimbursed for construction costs at project completion. Motion: Approve Consent Agenda Item D as read Moved by Fletcher, seconded by Borno. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Borno stated he received phone calls today related to some of these contracts, questioning the fees. He stated he explained to those callers the City had worked these fees out on the best equitable agreement when the contracts were put together, explaining the fees go toward maintenance and upkeep of all the different facilities. Mr. Hanson stated the Commission has concluded in the past these contracts are for services that should be provided to the City, they are not services the City provides directly. Using the Baseball Association as an example, he stated many cities have their own recreation staff who do that but he believes ABAA probably does a better job than he has seen other cities provide. He stated he believes Atlantic Beach is getting out relatively cheap and providing atop-notch athletic program when all the City has to do is provide the fields. He explained ABAA also does most of the January 14, 2008 REGULAR COMMISSION MEETING Page 4 maintenance on the playing fields. He stated the same applies to ABET and the tennis program. Motion: Approve Consent Agenda Item H as read Moved by Borno, seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Committee Reports 5. Committee Reports None. Action on Resolutions 6. Action on Resolutions A. Resolution No. 08-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXPRESSING CONCERN ABOUT THE PROPOSED WITHDRAWAL OF WATER FROM THE ST. JOHNS RIVER SYSTEM; URGING THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TO STUDY THE POSSIBLE EFFECTS OF SURFACE WATER WITHDRAWALS AND ENSURE THAT NO UNACCEPTABLE IMPACTS TO THE RIVER WILL RESULT; PROVIDING FOR SUBMITTAL OF COPY OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR OTHER PURPOSES. Mayor Meserve read Resolution No. 08-01 by title only. Motion: Approve Resolution No. 08-01 as read. Moved by Borno, seconded by Fletcher. Mayor Meserve, referring to the letter in the Beaches Leader asking what we are waiting for, explained the Commission was not going to take action without having some facts. He stated a meeting was held as soon as we could with detailed presentations from representatives from the St. Johns River Water Management District and River Keepers. He stated, since that meeting, the Commission has not had a meeting and he did not request a special meeting about an issue that is going to go on for years, involving the entire legislature. In the interim, the City Manager polled each of the Commissioners as to what their thoughts were and they took the proposed resolution that was a combination of everyone's input and sent it to the SJRWMD. They returned it with scrivener changes (which is attached and made part of this official record as Attachment A), but did not change the content at all. Commissioner Parsons suggested at the first Whereas, after Orlando, adding "and surrounding areas". At Section 1, Item C, he also suggested adding after and "give public and private interests ample time to study said results". Commissioner Woods also suggested including "and comment on" said results. January 14, 2008 REGULAR COMMISSION MEETING Page 5 Mr. Hanson added that he spoke with representatives of the SJRWMD regarding Item B, indicating they intend to have other groups participating in the study process. He stated this will not be something that will just come all of a sudden; there will be a process whereby more interests will be involved. Commissioner Woods suggested at the fifth Whereas, "large-scale" be deleted. She stated you can have 50 small withdrawals that all add up to alarge-scale. Mr. Hanson asked Mr. Sample to address this. Mr. Sample stated the intent of their suggestion was to recognize the concern with the perception of the 262 million gallon/day potential being alarge-scale withdrawal versus any reduction. Commissioner Woods stated her concern was that through a series of permits you could reach that same number and none of them at any time could be seen as alarge-scale withdrawal but could all very well add up to that. Mayor Meserve stated nobody is going to build a water plant to take water out of the river on a small scale because it costs too much to do so. Mayor Meserve stated if the Commission passes the resolution representing the City, he plans to speak at a meeting of the Duval County Legislation on January 18. He stated he was invited along with all the other local mayors to be part of a process to say we are going to make sure that we hold our end of the deal up and get our voices heard, because this will be decided in Tallahassee. Amended Motion: Approve Resolution No. 08-01 with SJRWMD scrivener's changes and include two additions, one at first Whereas adding, after Orlando, "and surrounding areas" and one at Section 1, Item C, after and, add "Five public and private interests ample time to study and comment on said results" Moved by Borno, seconded by Fletcher Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED B. Resolution No. 08-02 A RESOLUTION OF THE CITY OF ATLANTIC BEACH URGING CITIZENS TO CONSIDER THE CONSEQUENCES OF THE PROPOSED CONSTITUTIONAL AMENDMENT CONCERNING PROPERTY TAXES THAT WILL APPEAR ON THE JANUARY 29, 2008 BALLOT; OPPOSING SAID PROPOSAL FOR REASONS STATED HEREIN; SUPPORTING A CONSTITUTIONAL AMENDMENT PROHIBITING UNFUNDED STATE MANDATES IN ORDER TO REDUCE PROPERTY TAXES; SUPPORTING A PROHIBITION ON THE STATE'S PRACTICE OF ALLOWING LOCAL SCHOOL BOARDS TO INCREASE PROPERTY TAXES; AND URGING THE FLORIDA TAXATION AND BUDGET REFORM COMMISSION TO DEVELOP MEASURES CONSISTENT WITH THIS RESOLUTION Mayor Meserve read Resolution No. 08-02 by title only. January 14, 2008 REGULAR COMMISSION MEETING Page 6 Motion: Approve Resolution No. 08-02 as read. Moved by Borno, seconded by Parsons. Mayor Meserve explained the City is asking people to seriously consider a change to the State charter that is very difficult to understand from the standpoint of what it is going to do to local, city and state governments. He urged caution, stating although we have a broken system in ad valorem taxes, this doesn't fix it at all. Commissioner Borno added, at the Florida League of Cities meeting he attended, this issue was presented by two legislators who stated, even they did not understand all of the issues in the Amendment that was passed by the legislature. He stated the legislators admitted they did not try to determine any economic effect but stated this was the best they could put together so they were going to give it to everybody and if it is wrong they will come back and try to correct it. Commissioner Borno then read an article from the Florida League of Cities (which is attached and made part of this official record as Attachment B) condemning the legislative property tax plan. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Resolution No. 08-03 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION Mayor Meserve read Resolution No. 08-03 by title only. Motion: Approve Resolution No. 08-03 as read. Moved by Borno, seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Action on Ordinances 7. Action on Ordinances A. Ordinance No. 10-08-23, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES, ALCOHOLIC BEVERAGES, SEC. 3-9 CONSUMPTION AND POSSESSION OF OPEN CONTAINER ON PUBLIC PROPERTY, TO PROVIDE FOR OUTDOOR CONSUMPTION OF BEER AND WINE ON THE COVERED DECKS, PORCHES AND VERANDAS OF THE ADELE GRAGE CENTER, AND PROVIDING AN EFFECTIVE DATE January 14, 2008 REGULAR COMMISSION MEETING PaEe 7 Motion: Approve Ordinance No 10-08-23 as read Moved by Parsons, seconded by Fletcher. Commissioner Woods stated the hours and days of the week should be spelled out, suggesting it be limited to Thursday, Friday, and Saturday nights and no later than 10:00 pm. Commissioner Borno stated he cannot support this Ordinance and explained his reasons. Commissioner Parsons stated he supports the Ordinance as written and did not agree with limiting the days and hours. Mr. Jensen stated the Ordinance already provides for an 1 l :00 pm deadline. After further discussion, no changes were made and a vote was taken. Votes: Aye: 3 -Fletcher, Meserve, Parsons Nay: 2 -Borno, Woods MOTION CARRIED B. Ordinance No. 80-08-75, Introduction and First Reading AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 22-39 WATER SHORTAGES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE Mayor Meserve explained this Ordinance will bring in line our actions to be taken in water emergencies to read the same as required by the St. Johns River Water Management District. Motion: Approve Ordinance No. 80-08-75 as read Moved by Borno, seconded by Woods. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Discussion regarding outside display of retail merchandise. Sonya Doerr explained the Land Regulations currently require that all merchandise be displayed inside, with limited exceptions, i.e. landscaping type merchandise that is typically sold outside. This was clarified in our regulations in 2001. She stated prior to that point it had been the interpretation of our ordinance that everything had to be contained within the retail building. She further stated this is not something we can do selectively. If we allow one business owner to display merchandise outside, we have to allow everyone to do it. Commissioner Woods stated the Equity One Group, owner of the property in question, does not allow outside displays in their lease agreements at any of their properties, so she believes this is anon-issue. January 14, 2008 REGULAR COMMISSION MEETING Paee 8 Commissioner Parsons stated there is nothing in the ordinance about sidewalk widths and where the business in question is located there is a tremendous sidewalk width. Ms. Doerr agreed this shopping center does have a large sidewalk width, but our regulations don't distinguish between the widths of sidewalks. She stated the regulations allow restaurant seating outside, provided it is on private property, and the only way to have restaurant seating outside on public property is with aright-of--way lease. Commissioner Borno asked if the tenants received permission from their landlord for outside displays, would that require the City to have regulations where we would have to police it or not police it. Mr. Jensen stated we could police it because it is prohibited by ordinance, whether their lease agreement allows it or not. Mayor Meserve stated he is on the side of the people who are trying to make their businesses work and believes the City needs to be business friendly as well as citizen friendly. He stated he believes there is a middle ground that could be achieved. Commissioner Borno agreed with this middle ground. Mayor Meserve stated the City should try to help merchants be financially successful, rather than have a lot of empty storefronts. After further discussion, the Commission directed staff to prepare a change to the regulations which would allow the display of merchandise outside of stores with the following caveats: (1) must be on private property, (2) must always allow passage through of at least four feet, so as to not block pedestrian traffic, and (3) must be permitted by the lease. B. Request from Lee's Ice Cream Shop to place three tables with two seats each on the public sidewalk in front of the business, which is at the northeast corner of East Coast Drive and Atlantic Boulevard. Sonya Doerr presented a slide showing the proposed location of the requested tables. Motion: Authorize City Manager to execute aright-of-way lease in accordance with the provisions of Section 24-115(8) of the Land Development Regulations to allow tables outside of Lee's Ice Cream Shop. Moved by Parsons, seconded by Fletcher. Commissioner Borno asked for assurance that these tables would not be in addition to what is already inside. Mr. Hanson stated there will be six seats less inside than what they have now to allow for these six seats outside. These will not be six additional seats. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Direction to staff related to adoption of proposed Comprehensive Plan Future Land Use Map change from Residential-Medium Density to Residential-Low Density for an area of Old Atlantic Beach. January 14, 2008 REGULAR COMMISSION MEETING Paee 9 Mayor Meserve explained this will eventually bring the Comprehensive Land Use to be the same as the zoning in that area. Ms. Doerr explained this has been through the Comprehensive Plan Amendment process, transmitted to and reviewed by the Department of Community Affairs without comments, and is now in the process whereby the Commission has to either adopt the ordinance to make the change or not adopt. Commissioner Borno stated he was in favor that the Commission proceeds to adopt. Mayor Meserve directed staff to prepare the Ordinance. D. Request from The Sulzbacher Center for funding to purchase a van. Cindy Funkhouser, Executive Director of BEAM, introduced Doug Orange, and Anthony Dudley from the Sulzbacher Center's Hope Team. Mr. Dudley addressed the Commission requesting funding to purchase a van to provide outreach services in the three beach areas. Mr. Hanson explained this is like requests the Commission receives mid-year from various agencies that are unbudgeted, except that the Police Department believes that providing these types of services for the homeless people may have a positive affect on crime in the area, because the homeless problem is in many ways linked to crime as well as drugs and prostitution. Captain Classey agreed the Police Department would be in support of this funding. Commissioner Borno asked, if the van will be dispatched to the beaches from BEAM, how will they jointly correlate with the social worker and those with needs at Mission House. Mr. Orange stated he would be driving the van. He stated they will have an office based at BEAM but will have a cell phone people can call if someone needs them and they can go to whatever area they are needed. Mayor Meserve stated the Commission will authorize preparation of a budget amendment to include $10,000 to purchase the van. He expressed his appreciation to Ms. Funkhouser, Mr. Orange and Mr. Dudley stating they do wonderful work. City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported the most recent alcohol deployment was conducted on December 27, 2007. Three businesses, Ocean 60, Culhanes and Hanna Park Food Mark sold alcohol to underage informants. He stated this is the third citation issued at Ocean 60 in the last year and the second in the last twelve weeks. He believes there is a serious problem with this one business not taking this seriously and training their employees. Mr. Hanson also reported a spare jet mixer was purchased for the Wastewater Plant #2. The cost was $24,675, which was included in the budget. It was purchased without taking bids because it is a sole source item. January 14.2008 REGULAR COMMISSION MEETING Page 10 Mr. Hanson reported the Strategic Plarming Workshop will be held on February 27 and 28, 2008 at 5:00 pm at Adele Grage Cultural Center. Mr. Hanson stated there is a scheduling conflict with the Workshop tomorrow night and suggested the meeting be moved to the Jordan Community Center. The Commission agreed to the move and a notice will be put on the door directing citizens to the new location. Commissioner Borno suggested a letter be sent to DBAT asking them to carry out their obligations under Florida Statutes regarding the Ocean 60 violations, so it will be a matter of record. Mayor Meserve stated they met with DBAT today and believes DBAT is taking the necessary action and does not believe a letter will be necessary. Commissioner Fletcher stated he is very disappointed in Ocean 60's lack of willingness to correct this problem. Commissioner Woods asked if a letter should be sent to Ocean 60 notifying them the Commission is pursuing this issue. Mayor Meserve stated although the formal letter should come from DBAT, who has indicated they will work with us, it would be a good idea to also send a letter to the restaurant from the City. Mr. Hanson agreed to draft the letter. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney Commissioner Fletcher • Thanked Rick Carper and staff for the work they do in securing grants to help save the taxpayers a lot of money. • Referred to article by Drew Dixon regarding underground power lines and would like to have this discussed at a future meeting. Commissioner Woods Agreed with Commissioner Fletcher regarding the power lines. Asked where we are with the Mayport Road medians. Mr. Carper stated this has been bid out and the bids exceeded the allotted money funded. He stated there have been proposed changes submitted to FDOT to reduce costs. They are waiting for the response from FDOT before they can go ahead with the project. Commissioner Parsons • Proposed the Commission meetings start at 6:00 pm. Mayor Meserve stated this could be discussed at Strategic Planning. Commissioner Borno • Stated he would agree to starting the Commission meetings at 6:00 pm. • Stated he requested additional copies of the legislative action agenda. • Mentioned the kudos to Timmy Johnson from Margo Buccini regarding the support she received at Adele Grage. • Duval County officials are invited to a luncheon with Bill Nelson on January 18 and reminded the commission they need to RSVP. January 14, 2008 REGULAR COMMISSION MEETING Paee 11 Mayor Meserve • Cautioned the Commission to pay attention to some of the legislation that will be coming out. He stated there are some items that are really interesting on how the state is going to raise funding without taxing the taxpayers. Adjournment There being no further discussion, 1~4~yor declared the meeting adjourned at 8:48 pm. ATTEST• John~~. 1V~[es~r~e, Mayor/Presiding Officer Donna L. Bussey, CMC City Clerk