03-24-08MINUTES
REGULAR CITY COMMISSION MEETING
March 24, 2008
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve Commissioner Carolyn Woods
Mayor Pro Tem Mike Borno City Attorney Alan C. Jensen
Commissioner John L. Fletcher City Manager Jim Hanson
Commissioner Paul Parsons (arrived 6:23) City Clerk Donna Bussey
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Meserve gave the
Invocation, followed by the Pledge of Allegiance to the Flag.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting on March 10,
2008.
Motion: Approve the minutes of the Regular Commission Meeting on March 10.
2008, as amended with scrivener's chances.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 4 -Borno, Fletcher, Meserve, Woods
Nay: 0 -
MOTION CARRIED
(Parsons not in attendance for vote)
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.
A. Presentation of Preliminary Engineering Study Recommendations for Royal
Palms Infrastructure Improvements
Mr. Hanson introduced Grant Misterly of Applied Technology and Management
(ATM). Mr. Misterly -Senior Engineer, further introduced Tom Roberts -Senior
Engineer and Kayle Moore -Staff Engineer, also of Applied Technology and
Management, stating at the end of his presentation they will also be available for
questions if needed. Mr. Misterly presented a summary of ATM's preliminary
engineering report for the existing stormwater system in the Royal Palms Subdivision,
outlined three alternative designs for stormwater improvements, and explained the
prioritization matrix which resulted in ATM's recommendation of proceeding with
Alternative 3. After further discussion, it was the consensus of the Commission to
support Alternative 3.
Walter Brown, temporary Building Official, announced the City has hired a full time
building official who starts on Monday and thanked the City for the opportunity to
serve stating he has enjoyed working with the City's very professional staff. He stated
if his company can be of future use to the City, they would love the opportunity to
March 24, 2008 REGULAR COMMISSION MEETING Pa e 2
come back. Mayor Meserve thanked Mr. Brown for the good work he has done for the
City.
Kelly Elmore, 1650 Beach Avenue, addressed the Commission regarding the
Resolution for approval of the art competition for the roundabout. He stated both
Atlantic Beach Commission and Neptune Beach Council will have an opportunity for
final selection approval.
Stephen Kuti,1132 Linkside Drive, stated he is against the proposed partial
development of the wetlands across from his house in Selva Marina by Selva Preserve
LLC. He stated these wetlands are critical to prevent flooding and are home to many
animals.
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
City Manager Hanson reported staff wants to transfer $3,000 for the Fletcher High
School Band temporarily from among the accounts rather than do the budget
amendment requested by the Commission. He stated this will avoid doing a separate
budget amendment at this time and it can then be added to the next budget amendment.
He also reported there will be a workshop on the Mayport Corridor tomorrow night at
5:00 pm. Mr. Hanson also stated the Commission requested during the strategic
planning workshops that the strategic plan be adopted by resolution. He distributed a
draft copy of the resolution and proposed this be ready for adoption at the next regular
meeting.
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 Building Department, Financial and Utility
Sales Reports for February 2008.
B. Authorize the Mayor to execute Interlocal Agreement with the City of
Jacksonville relative to the collection and distribution of 9-1-1 user fees.
C. Extend the contract with Bluewater Environmental of Florida, Inc. for Ditch
Spraying and Maintenance for one year at the current prices.
Mayor Meserve read the Consent Agenda.
Motion: Approve Consent Agenda Items A, B and C as read.
March 24, 2008 REGULAR COMMISSION MEETING Page 3
Moved by Borno, seconded by Parsons.
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. 08-05
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENDORSING
A PROJECT TO PLACE PUBLIC ART AT THE EASTERNMOST END OF
ATLANTIC BOULEVARD (in Town Center)
Motion: Approve Resolution No. 08-05, as read
Moved by Parsons, seconded by Fletcher.
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 1 -Borno
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 90-08-203, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES, THE LAND DEVELOPMENT REGULATIONS, AS ADOPTED
BY ORDINANCE NUMBER 90-01-172, INCLUDING ALL SUBSEQUENT
AMENDMENTS THERETO; THIS ORDINANCE SPECIFICALLY
AMENDING SECTION 24-172, RESIDENTIAL DEVELOPMENT
STANDARDS TO DELETE SUBSECTION (c) (1), FLOOR AREA RATIO, AND
ALSO CREATING NEW SUBSECTIONS (e) AND (f) TO ESTABLISH
VARIANCE AND REVIEW PROVISIONS RELATED TO THE RESIDENTIAL
DEVELOPMENT STANDARDS; PROVIDING FOR RECORDATION AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 90-08-203 by title only.
Motion: Approve Ordinance No. 90-08-203 as read
Moved by Borno, seconded by Parsons.
Mayor Meserve opened the Public Hearing. No one from the audience spoke so Mayor
Meserve closed the Public Hearing.
March 24, 2008 REGULAR COMMISSION MEETING Paee 4
Votes:
Aye: 4 -Borno, Fletcher, Meserve, Parsons
Nay: 1 -Woods
MOTION CARRIED
B. Ordinance No. 95-08-95, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 ANIMALS, AND CHAPTER 12 NUISANCES, TO
AMEND AND UPDATE VARIOUS ANIMAL CONTROL PROVISIONS,
MAKING CERTAIN ANIMAL CONDUCT NUISANCES, AND PROVIDING AN
EFFECTIVE DATE
Motion: Approve Ordinance No. 95-08-95 as read
Moved by Borno, seconded by Fletcher.
Mayor Meserve opened the Public Hearing. No one from the audience spoke so Mayor
Meserve closed the Public Hearing.
Commissioner Borno thanked staff, stating a lot of hard work went into this ordinance.
Commissioner Fletcher also thanked Captain Classey, Chief Thompson and staff who
made these revisions and believes they are in touch with the issues they were
addressing.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. Request from the 6''' Street Beach Access Committee for a~proval of plantings
on public right-of--way, and matching funds of $2,500 at 6 Street Beach
Access.
Item was pulled from the agenda by the requestor, Rodney Margol.
B. Request to approve contractor for Royal Palms Sewer Rehabilitation Phase I.
Public Works Director Donna Kaluzniak gave a slide presentation on the sanitary sewer
rehabilitation for Royal Palms Subdivision.
Motion: Authorize Insituform Technologies, Inc to provide cured in place piping
work in the north and east sections of the Roval Palms subdivision in the amount
of $711.951.15. using pricing in JEA Contract No WCS-066-07 and authorize a
5% conhngency; and authorize Concrete Conservation, Inc to provide manhole
rehabiLtahon in the amount of $81,846 using pricing in JEA Contract No WCS
135-03.
Moved by Borno, Seconded by Parsons
March 24.2008 REGULAR COMMISSION MEETING Pace 5
Votes:
Aye: 5 -Borno, Fletcher Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Report on possible construction of a walkway for Selva Marina Drive North of
Saturiba.
Public Works Director Rick Carper gave a slide presentation on the possible
construction of a 5 ft. wide asphalt walkway for Selva Marina Drive North of Saturiba.
Commissioner Pazsons stated he brought this up only because of safety reasons.
Commissioner Borno stated the priority list should be looked at for the $100,000
budgeted for bike paths/sidewalks that have not been committed yet this year.
Commissioner Woods stated she is concerned about a paved walkway in that area
because it will change the look and feel of this pazticulaz stretch of the road. She also
was concerned that it may affect the drainage.
Commissioner Fletcher stated he would like to see a prioritization of how the $100,000
budgeted for bike paths/sidewalks aze proposed to be spent.
Mr. Carper stated he will compile a list of what he would recommend as priorities and
bring it to the Commission for their review.
Mayor Meserve suggested this issue be brought back at the next meeting after the
prioritization of the sidewalk projects.
D. Agreement with Atlantic Beach Public Arts Commission, Inc. for public art at
Five-Points Intersection.
Mr. Hanson explained staff has concluded it would be best for Atlantic Beach to take
over this project, with the exception of the one remaining responsibility of the Atlantic
Beach Public Arts Commission being to raise the remaining funds needed to mount the
sculpture. He proposed that Atlantic Beach take over the agreement with the artist and
pay her when the sculpture is delivered satisfactorily and take over the obligations of
the City of Jacksonville. He stated the only agreement Atlantic Beach needs to sign off
on is the Assignment of Agreements with the Atlantic Beach Public Arts Commission.
He stated Atlantic Beach is not to be a signatory to the agreement between Jacksonville
and Atlantic Beach Public Arts Commission.
Motion: Authorize Citv Manager to execute the Assignment of Agreements on
behalf of the City of Atlantic Beach.
Moved by Parsons, Seconded by Borno
Commissioner Fletcher asked, by accepting the assignment of these contracts, is the
City exposing itself to further financial obligations associated with this. Mr. Hanson
stated the only additional financial obligations he is aware of are for the installation of
March 24.2008 REGULAR COMMISSION MEETING Paee 6
the statute and its maintenance in the future. Mr. Parsons stated the Atlantic Beach
Public Arts Commission is confident they can raise the funds for the installation and
base and stated maintenance on a bronze sculpture will be very low.
Commissioner Woods suggested work not proceed on the statute until some of the
money is raised for the installation. Commissioner Fletcher stated if the Atlantic Beach
Public Arts Commission is confident they can raise the money, then he believes the
Commission should support it. Mayor Meserve agreed, stating the Commission has
already voted on restoring the funds so putting caveats on it after the fact is wrong.
Commissioner Borno stated, although the five-points area has been alluded to, the
location of the artwork has not been agreed to and he believes this should be approved
without deciding the location and the Commission can make that decision in the future.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Public Safety 2007 Annual Report.
Captain Mike Classey presented a slide show summarizing the Public Safety Annual
Report for 2007, pointing out there was a total crime rate increase from 2006 of 10.1 %.
Commissioner Parsons reminded everyone there will be another public meeting with
Art Graham on the Mayport Road Beautification Project in the Commission Chamber
on March 31 at 6:00 pm and suggested the concerned citizens who have been attending
the meetings at Donner Park be invited to that as well.
Recommendation for Item l0A was taken out of sequence and addressed at this time.
New Appointments
(taken out of sequence) A. Recommendation for new appointments to the Cultural Arts and Recreation
Advisory Committee
Motion: Recommend apuointing Cris Garrard to the Cultural Arts and
Recreation Advisory Committee to fill an unexpired term endinE July 8, 2008 and
for an additional two-year term ending July 8, 2010
Moved by Borno, Seconded by Woods
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Motion:_Recommend aunointin~ Lynne Knecht Roskein to the Cultural Arts and
Recreation Advisory Committee to fill an unexpired term ending July 8, 2008 and
for an additional two year term ending July 8, 2010
Moved by Borno, Seconded by Fletcher
March 24 2008 REGULAR COMMISSION MEETING pa e ~
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson commended Captain Classey and the Police Department stating a response
time of under 3 minutes is excellent.
Reported there was another alcohol deployment checking 18 businesses and only 1 sold
to minors, King Food Store on Seminole Road.
Reiterated there will be a meeting on the Mayport Median Project on Monday, March
31 at 6:00 pm in the Chamber. He stated this meeting will provide detailed information
to business owners, residents and others about the project timing, communications, and
details about specific locations. He stated the Commission and press are welcome to
attend.
Mr. Hanson reported on the request from the citizen at a prior meeting who wanted to
pay less than others pay for garbage collection because he had less garbage. He stated
there are such systems across the country called "pay as you throw" systems which
have volume-based pricing. He stated he has a 2002 study on these systems if anyone
would like to see it. Mr. Hanson pointed out the variable pricing systems cost money to
administer. He stated while some will pay less, others will pay more, but on average
everyone pays more because of the higher administrative costs. He stated the reasons
cities do this, even though the cost is higher, are to increase recycling and yard
composting, by encouraging their citizens to produce less garbage. Mr. Hanson stated
Atlantic Beach already has a very good rate of recycling (approximately 80% recycle),
and he doesn't believe we need this type of system, unless the Commission directs staff
to do so.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney (Item l0A was taken out of sequence and acted on earlier in the meeting.)
Commissioner Parsons
• Reported he believes the City needs to do more to get the merchants in the
Mayport area more involved and concerned.
Commissioner Borno
Mentioned several recent letters including one from Pat Pillmore which he
believes was an eye opener, another from the St. Johns River Water
Management regarding the governing board's projects on Apri13, and a thank
you from the owners of the shopping center where the Commission allowed the
Allied Veterans Post to go in.
March 24, 2008 REGULAR COMMISSION MEETING Paee 8
Reported on the Northeast Florida League of Cities meeting in Starke. He
stated the speaker was John Thomas, Director of Legislative Public Affairs for
Florida League of Cities.
Mayor Meserve
• Stated he will be meeting with legislators on April 15 and 16 to discuss issues
of home rule, taxes, etc.
• Reported he received a call from a representative of a local industrial base who
stated they would like to take on the Mayport Corridor as their Outreach
Program and help the City with that.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:49 pm.
ATTEST:
(ham. ~ r
Donna L. Bussey, CMC
City Clerk
S~N~ese~e, Mayor/Presiding Officer