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06-23-08MINUTES REGULAR CITY COMMISSION MEETING June 23, 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 City Clerk Donna Bartle 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 of June 9, 2008. Motion: Aaprove the minutes of the Regular Commission Meeting of June 9, 2008, as written. Moved by Borno, seconded by Parsons. 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 St., addressed the Commission regarding districts. She also stated right and wrong is subjective and can become a majority and when you go right or wrong you are sometimes in a position to start a war. Stephen Kuti,1132 Linkside Drive, addressed the Commission regarding Ordinance 33-08-15, stating he believes the proposed Districts 13H and 13G are gerrymandering. He further stated redistricting is the job of the City Clerk because she took the oath to uphold the law about elections. Michael Hoffmann, 176 Camelia St., addressed the Commission regarding the reapportionment of the districts and encouraged the Commission to use general population rather than number of registered voters to determine districts. Mr. Hoffmann also commended Mr. Peck and Mr. Hatfield of the police department for their noise abatement solutions in his neighborhood. Jim Smith, 73 Oceanside Drive, spoke against districting, stating by further reducing an area from which a candidate can come the City is greatly reducing the odds of having a competitive election and believes districting will reduce the quality of representation the City currently has. June 23 2008 REGULAR COMMISSION MEETING Page 2 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 Mr. Hanson followed up on the request for bicycles to be used in the skate park, stating the City does not allow bicycles for safety reasons and the skate park was designed without bicycles in mind, but stated a facility could be built for the bicycles if a site was determined and funds and manpower to run it were made available. Also reported the policy has been to restrict the use of the Reader Board to advertise only City-sponsored events on this site, which includes City Hall, Police Department and Russell Park. He stated this is consistent with our sign code which prohibits off- premises advertising but this can be changed by the Commission. 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, Utility Sales and Financial Reports for May 2008. B. Approve renewal of the City's insurance, effective July 1, 2008 through September 30, 2009, with PRIA as indicated in the staff report and chart. C. Extend the contract for Street SweepinglVacuuming with USA Services of Florida, Inc. for one year at the current cost, which is $26,160.00. Mayor Meserve read the Consent Agenda. Commissioner Parsons asked that Item C be pulled. Motion• Approve Consent Agenda Items A and B, as read. Moved by Borno, seconded by Fletcher. Votes: Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED June 23, 2008 REGULAR COMMISSION MEETING Page 3 Commissioner Parsons asked if it is correct the street sweepers are not to sweep streets without curbs. Mr. Carper stated they are to sweep every paved street. Commissioner Parsons stated he believes they are doing a bad job. Mr. Carper stated they have required them to come back and redo neighborhoods when the streets were not done properly and has no problem calling them to come back to make them do it right. Motion: Approve Consent Agenda Item C. as read. 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 None. Action on Ordinances 7. Action on Ordinances A. Ordinance No. 55-08-33, Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 16, SOLID WASTE AND RECYCLING, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance 55-08-33 by title only. Motion: Approve Ordinance No. 55-08-33. as read. Moved by Borno, seconded by Parsons. Mayor Meserve opened the Public Hearing. No one from the audience spoke so the Mayor closed the Public Hearing. Commissioner Fletcher stated he believes this adds a layer of regulation that is not necessary at this time. Commissioner Parsons agreed with Commissioner Fletcher and suggested the ordinance be rewritten allowing yard waste in bags or receptacles to be set out two days prior to pick up. Commissioner Borno explained when this ordinance was first passed, before the second reading, the wording was in there but was omitted in the final reading and did not get passed in the final form. He stated this will be an administrative burden if they try to manipulate it other than on the day of collection. He stated it was purposely set up to have both wastes picked up on the same day and the intent of the ordinance as first read and passed is where the Commission should support it. Commissioner Fletcher stated he believes this puts an unfair burden on the elderly. He also stated he believes the City was cleaned up by changing from two day garbage pickup to one day, not due to yard waste not being allowed out prior to pickup. Commissioner Borno asked whether yard waste was included in the registered list for help in taking cans to the curb for the infirmed/handicapped citizens. Mr. Carper stated June 23, 2008 REGULAR COMMISSION MEETING Page 4 the contract allows for side yard pickup for trash only, not yard waste. Mr. Carper stated the City could look at doing this because the number of people on the registered list is not that long. Mayor Meserve asked if changing this from one day to two days would be a major change. Mr. Jensen stated it would not. Mayor Meserve asked for a motion to amend the motion to approve ordinance. Amended Motion: Change Ordinance 55-08-33 to allow yard waste in receptacles to be out two days prior to pickup. Moved by Parsons, seconded by Fletcher After further discussion, the City Manager suggested language for the amendment as follows: in the fourth sentence under Section 1, (2) (b) "Garbage and yard waste containers shall be set out no earlier ..." strike "and yard waste" and add after the sentence "Yard waste such as leaves or grass clippings shall be set out in a yard waste receptacle.", the clause, "no sooner than two days prior to collection". Mayor Meserve called for a vote on the amendment. Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 1 -Borno MOTION CARRIED Motion: Approve Ordinance No. 55-08-33. as amended with language suggested by City Manager. Moved by Borno, Seconded by Fletcher Votes: Aye: 4 -Fletcher, Meserve, Parsons, Woods Nay: 1 -Borno MOTION CARRIED B. Ordinance No. 25-08-39, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, BY REPEALING SEC. 6-24(b), RESIDENTIAL DUNE CROSSOVER STRUCTURES, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance 25-08-39 by title only. Motion: Approve Ordinance No. 25-08-39. as read. Moved by Borno, seconded by Fletcher. June 23 2008 REGULAR COMMISSION MEETING Pace 5 Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED C. Ordinance No. 33-08-15, Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ESTABLISHING THE FOUR DISTRICTS FOR SEATS TWO THROUGH FIVE OF THE CITY COMMISSION, ASSIGNING CITY COMIVIISSION SEATS TO THE DISTRICTS, SETTING AN ELECTION SCHEDULE, AND PROVIDING AN EFFECTIVE DATE Mayor Meserve read Ordinance No. 33-08-15 by title only. Motion: Approve Ordinance No. 33-08-15, as read. Moved by Borno, seconded by Fletcher. City Manager Hanson explained the history of the district referendum, the recommendations for the changes in the precinct boundaries for the districts, and outlined the main points of the ordinance. Commissioner Fletcher asked if there is any language addressing convicted felons running for office. City Attorney Jensen stated convicted felons would be prohibited from holding elected office by state law. Commissioner Fletcher also asked what would happen if no one ran from a certain district. Mr. Jensen stated that is addressed by a provision in the Charter for appointing someone to a vacancy. Mayor Meserve stated if a seat went vacant for any reason the Charter gives the Commission the ability to appoint someone. Commissioner Borno questioned whether the appointed person must live in the district of the vacancy. Mr. Jensen stated if this ordinance is passed, it states they must have resided in that district for at least one year prior to qualifying. Commissioner Woods asked if someone was convicted of a lesser crime than a felony, could they still run. Mr. Jensen stated convicted felons loose certain rights, i.e. right to vote, right to hold elected office, etc., but if a person still has those rights, even if convicted of a misdemeanor, he believes they could still run if they met all of the other qualifications. Commissioner Woods stated she also would like to know what the population numbers are as compared to the voting population. She also suggested postponing the vote on this to see if the committee can come up with more than one proposal for the Commission to consider. Commissioner Parsons stated he would like to see Commissioner Borno be able to run again and not be pushed out of office due to the new districts. Mayor Meserve stated the reason he suggested the two districts up for election next was that they were the least served districts in the city. He stated 13S has never had an elected official and 13F is the next one of all the districts. He stated there are other ways to divide the districts but they have blended the districts to keep neighborhoods together as much as possible. He stated the voters spoke and he believes the Commission should move June 23, 20(18 REGULAR COMMISSION MEETING Page 6 forward as soon as possible which is why he recommended 13S and 13F as the first two districts. Mr. Hanson stated the report from the District Election Committee recommended the districts be set with as little change as possible, while trying to maintain the integrity of the neighborhoods. He stated there are very minor changes made to the districts to equalize them. He stated they were also required to follow the census tract lines, which limits how the lines can be drawn. Commissioner Borno stated the City Manager and City Clerk were given this project and did due diligence and came back with a good report. He further stated personalities do not need to enter into this at all. He stated he serves because he wants to serve; he is not driven to be a Commissioner and has no agendas whatsoever. Commissioner Fletcher stated he believes, regarding general population vs. registered voters, it should be left the way it is to be consistent with the way it has been done in the past. He further agreed the City Clerk and City Manager did a great job adhering to the call of the charter referendum. He asked why the election could not be set for the naturally expiring seats, rather than setting the two districts. Mayor Meserve stated the reason he did not go in that direction, personally, was because that will say to the voters who said they have underserved districts, we will do it because you forced us to but we are going to put off 13S unti12011. He believes putting something off for four years just because that is the way they think they should do it, sends the wrong message. He stated he does not believe that is the right way to go. He stated the citizens have spoken and the Commission should make this happen in a timely fashion. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Miscellaneous 8. Miscellaneous Business Business A. Request for confirmation of staff interpretation of bingo as a permitted secondary activity at the American Legion Post 3161ocated at 1127 Atlantic Boulevard and also the Fleet Reserve Association #290 located at 390 Mayport Road, and also other similar facilities where bingo would be a minor and incidental recreational activity such as may be typical to churches and country clubs. Community Development Director Sonya Doerr explained staff s interpretation of the request is that it is legal to allow this activity in the Commercial General and requested confirmation from the Commission. It was the consensus of the Commission that this activity is legal and should be permitted as a secondary activity. Motion: Approve and confirm staffs interaretation of bingo as a permitted secondary activity at veteran's organizations and other similar organizations as regulated by State Law, and also including churches and country clubs where bingo is clearly a minor and incidental activity at such facili June 23, 2008 REGULAR COMMISSION MEETING Paee 7 Moved by Borno, Seconded by Parsons Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED City Manager 9. City Manager A. City Manager's Report Mr. Hanson reported on alcohol deployments conducted on May 31 and June 20, stating 2 of 16 businesses sold alcohol to minors on May 31 and 2 of 13 businesses sold alcohol to minors on June 20. Also reported he has not been able to meet with the managers yet at One Ocean to discuss the reimbursement for the repairs on the Ahern Street Beach Access, but has sent them a letter. Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney City Commissioners City Attorney A. Recommendation for reappointing members to the Cultural Arts and Recreation Advisory Committee Commissioner Borno stated the Board Member Review Committee recommended Jolyn Johnson and Ingrid McCawley for reappointment to another term on the Cultural Arts and Recreation Advisory Committee. Motion: Reanaoint Jolyn Johnson and Ingrid McCawley for reaauointment to another term on the Cultural Arts and Recreation Advisory Committee. Moved by Borno, Seconded by Parsons. Votes: Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods Nay: 0 - MOTION CARRIED Commissioner Woods • Stated she is still confused and concerned about how the wetland mitigation is going to be handled for the Selva Preserve, but, at this time, will keep living and learning and figure that out as she goes. Commissioner Parsons Stated he believes City-sponsored events that are not on this property should be allowed to advertise on the billboard out front. Mayor Meserve suggested Commissioner Parsons bring back some recommendations and specifics as to what he would like to include. June 23, 2008 REGULAR COMMISSION MEETING Paee 8 Mayor Pro Tem Borno • Stated a fall event for Arts in the Park is being considered. • Does not believe the City should build a bike park because of the proximity of Hannah Park, where there are bike trails, etc. Mayor Meserve Gave a summary of his visit to Washington, D.C. Adjournment There being no further discussion, the Mayor ATTEST: the meeting adjourned at 7:23 pm. Donna L. Bartle, CMC City Clerk Mayor/Presiding Officer