10-27-08MINUTES
REGULAR CITY COMMISSION MEETING
October 27, 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 L. Bartle
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Commissioner Borno 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 October
13, 2008.
Motion: Approve the minutes of the Regular Commission Meeting of October 13,
2008, as written.
Moved by Borno, seconded by Fletcher.
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.
No one 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
Meeting A. City Manager's Follow-up Report.
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
October 27, 2008 REGULAR COMMISSION MEETING Pase 2
A. Acknowledge receipt of Monthly Building Department Report and Utility Sales
Report for September 2008.
B. Award the annual contract for Welding Troubleshooting and Repair to Ace
Fabrications, LLC at the prices submitted in Bid No. 0809-01.
Mayor Meserve read the Consent Agenda.
Motion: Aaarove Consent Agenda Items A and B 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
A. Resolution No. 08-13
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
RECOGNIZING THE "BUILDING CITIZENSHIP IN THE
COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA
LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS
STATEWIDE EFFORT
Mayor Meserve read Resolution No. 08-13 by title only and further explained the
Florida League of Cities is engaged in an effort to teach people about government and
how it functions, particularly at the local level. To assist in this initiative, the City of
Atlantic Beach will pledge to educate our children in schools, as well as general
citizens, about the functions of government. He stated Commissioners Fletcher and
Borno are scheduled to visit the local schools to educate them about how government
functions. He stated he also visits the schools a couple of times a year to discuss the
functions of government.
Motion: Adout Resolution No. 08-13 as read.
Moved by Borno, seconded by Parsons.
Commissioner Borno stated he is looking forward to speaking to the Mayport Middle
School 6th grade geography class and will address the consolidation of Jacksonville in
1986 and the interlocal agreements that exist since that time.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
October 27, 2008 REGULAR COMMISSION MEETING Page 3
B. Resolution No. 08-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA
DESCRIBING METHODOLOGY FOR DETERMINING WATER AND
SEWER SYSTEM DEVELOPMENT CHARGES FOR SPECIFIC
DEVELOPMENTS
Mayor Meserve read Resolution No. 08-14 by title only.
Motion: Adopt Resolution No. 08-14 as read.
Moved by Borno, seconded by Fletcher.
Public Utilities Director Donna Kaluzniak explained the methodology for calculating
the water and sewer system development charges and outlined staff's recommendation
for the new System Development Charges, which she stated will not apply to existing
units. She also answered questions from the Commission.
Commissioner Borno complimented staff for their proactive approach on this.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 80-08-78, Public Hearing and Final Reading
AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II,
WATERWORKS SYSTEM, SECTION 22-27 CHARGES FOR WATER
SERVICE, TO INCREASE THE WATER VOLUME RATES FOR THE
FIRST BLOCK OF CONSUMPTION AND AMENDING ARTICLE III
WASTEWATER SYSTEM, DIVISION SEVEN, SEWER USER RATES AND
CHARGES, SECTION 22-167 SCHEDULE OF WASTEWATER VOLUME
CHARGES TO INCREASE THE SEWER VOLUME RATES ON THE FIRST
BLOCK OF VOLUME CHARGES FOR RESIDENTIAL AND
COMMERCIAL CUSTOMERS, AND PROVIDING FOR SEVERABILITY,
AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 80-08-78 by title only.
Motion: Approve Ordinance No. 80-08-78 as read.
Moved by Borno, seconded by Fletcher.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Borno stated he believes this was timely and the Commission received
good guidance from staff on this increase.
October 27, 2008 REGULAR COMMISSION MEETING Page 4
Commissioner Woods asked that Ms. Kaluzniak inform the Commission of the
increased costs associated with this increase in water rate charges.
Ms. Kaluzniak stated there have been increased costs associated with the welding
contract, orthophosphate (which has increased 115%), and they are continuing to see
increased pricing for the chemicals, contractors, etc. She stated these increases are
coupled with the work they have to do to meet the TMDL and increased regulatory
requirements, as well as increased operating costs.
Commissioner Fletcher stated fuel and other commodities are coming down in cost and
he knows that we have allowed some fuel surcharge increases in some of our contracts
and stated he hopes those are not permanent and can be recaptured. He stated,
otherwise, he believes this is a good ordinance.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 90-08-207, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, STATE OF
FLORIDA, REZONING THOSE AREAS SHOWN ON THE GEOGRAPHIC
LOCATION MAP, ATTACHED AS EXHIBIT A, FROM RESIDENTIAL,
MULTI-FAMILY (RG-2) TO COMMERCIAL GENERAL (CG),
PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 90-08-207 by title only.
Motion: Approve Ordinance No. 90-08-207 as read.
Moved by Borno, seconded by Fletcher.
Mayor Meserve stated the City has grandfathered in any residential properties in this
area so they can be rebuilt and believes there is no downside to this ordinance. Mr.
Hanson stated this makes the zoning consistent with the comp plan and most of these
lots are being used for commercial purposes now. He stated there are two duplexes
there now and they can rebuild on that site, if they choose to do so.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Ordinance No. 45-08-19, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 20, TAXATION,
AMENDING SECTION 20-59, SCHEDULE OF FEES; PROVIDING AN
EFFECTIVE DATE
October 27 2008 REGULAR COMMISSION MEETING Paae 5
Mayor Meserve read Ordinance No. 45-08-19 by title only.
Motion: Approve Ordinance No. 45-08-19 as read.
Moved by Borno, seconded by Fletcher.
Commissioner Borno stated every two years the City can adjust these fees.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. (Public Hearing) Request for aUse-by-Exception to permit a dog day
care and boarding facility in the Commercial General (CG) Zoning
District at a developed and unused property at 1075 Atlantic Boulevard.
Motion: Approve request for Use-by-Exception to permit a dog day care and
boarding facility in the Commercial General (CG) Zoning District at a developed
and unused property at 1075 Atlantic Boulevard.
Moved by Borno, Seconded by Parsons
Community Development Director Sonya Doerr explained the request, stating staff and
the Community Development Board recommended approval. She introduced Mr. and
Mrs. Greg and Karen Stang who further explained the improvements they intend to
make to the property.
Commissioner Woods asked if there were any requirements to notify neighbors and, if
so, have they been notified. Ms. Doerr stated there have been no complaints because
there are not any neighbors that will be impacted.
Commissioner Borno asked the applicants if they would be willing to put in some type
of noise barrier in the back of the property, if needed at some point in the future. Mr.
Stang stated the property actually extends many feet back behind the tree line and is all
wooded, but agreed they don't want to affect any of the neighbors and will do whatever
is necessary.
Commissioner Fletcher asked how long ause-by-exception is good for. Mr. Hanson
stated it is good as long as the present owner is there. Ms. Doerr stated the use-by-
exception doesn't run with the property.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
October 27, 20(18 REGULAR COMMISSION MEETING Pace 6
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Request from City of Neptune Beach for resolution supporting a second
hazardous waste pick up at the beaches each year.
City Manager Hanson explained Neptune Beach requested Atlantic Beach adopt
a resolution to support their request for Jacksonville to put on a second
hazardous waste collection day here at the beaches every year. He further
explained that Jacksonville hosts six events in Duval County throughout the
year, with one at the beaches. He stated the City of Jacksonville has provided
these at no cost, although they cost between $13,000 -$15,000 per event. He
stated City of Jacksonville has stated they do not have the budget to put on an
additional event, but if someone would pay for it they would be glad to do it.
He stated they have had no complaints from our citizens that there are not
enough pickups.
Commissioner Borno stated, although this is a good idea, it has funding related
to it, and he does not believe any action should be taken until the three beaches
Mayors and City Managers can get together and agree to it and share the cost.
Commissioner Fletcher concurred with Commissioner Borno's comments.
Commissioner Parsons stated the City of Jacksonville also has a permanent
location where these hazardous waste items can be dropped off. He stated he is
not for adding anything else to the budget.
It was the consensus of the Commission that no action be taken until after the
Neptune Beach election.
C. Modifications to Community Development Block Grant (CDBG)
projects.
Assistant City Manager David Thompson explained there were a lot of people
who worked on this including Jim Hanson, Rick Carper, Sonya Doerr, Timmy
Johnson, and Mike Classey. He stated staff s recommendations for using the
funds this year include the sidewalk project on George Street; and the tennis
courts, drinking fountains, lighting, fencing, etc. at Donner Park. He stated if
there is money left over they would like to continue sidewalks down Dutton
Island Road.
Motion: Approve revised Community Development Block Grant funded
proiects for FY 2008-2009 funds and carryover funds from FY 2007-2008
Moved by Borno, seconded by Parsons
October 27, 2008 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Demonstration of crime tracking software available for public use.
Police Chief Mike Classey demonstrated the new crime tracking service,
CrimeReports.com, which will allow the citizens to track the crime in their
neighborhood. He stated this will be updated every twenty-four hours and can
be searched by crime type, date, distance, sexual offenders, etc.
E. Advanced Disposal Contract Addendum for Storm Debris Collection.
Public Works Director Rick Carper summarized the background necessitating
the addendum for the Advanced Disposal contract.
Motion: Approve Addendum to the Advanced Disposal Contract and
authorize City Manager to sign for the City
Moved by Woods, seconded by Borno
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
F. Rental Inspection Report
David Thompson thanked Dale Hatfield, Mike Classey, Alex Sherrer, Sonya Doerr,
Mike Griffin, and Erika Hall for their participation on this report.
Mr. Thompson gave a slide presentation of the unsafe conditions in some rental units in
Atlantic Beach. He explained the aspects of the proposed rental inspection program
and outlined the options the City could take in implementing a rental inspection
program. He stated staff recommended starting with acomplaint-based targeted
system, which he further explained. He stated this program will require educating both
the tenants and the landlords.
Mayor Meserve recognized Peter Sapia in the audience, stating he is a long time
realtor, resident of Atlantic Beach, property manager with several rental units, long
time member of NEFAR and is one of the good guys.
After further discussion, it was the consensus of the Commission, to direct staff, with
the involvement of NEFAR, to go forward with the complaint-based target inspection
system and bring it back to the Commission for action.
City Manager 9. City Manager
A. City Manager's Report
October 27, 2008 REGULAR COMMISSION MEETING Page 8
Mr. Hanson reported on the highlights of the strategic plan quarterly report, including
the Mayport Road Corridor project's Code Enforcement, Rental Inspection, Policing,
and Recreation Programs; Mayport Medians; Hopkins Creek Pond completion; and
Environmental Planning to meet TMDL nitrogen regulations. Commissioner Parsons
asked for an update on the progress of changing out the JEA lights to brighter lights in
the Mayport Corridor area that was brought to their attention by Sarge.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
Discussed the summary of the Florida League of Cities Finance and Taxation
Committee meeting stating the four top prioritized items that will be brought
back at the November meeting are the tax reform, local government revenue
restrictions, local government pension plans, police pension plans. He stated
the full report of the October meeting is in the City Clerk's office.
Stated Code Enforcement action on seven businesses is coming up in the
November meeting and stated he would like to have these deferred until he can
speak to the businesses. Mr. Hanson suggested meeting with the businesses
before the Code Enforcement meeting instead of asking the Code Enforcement
Board to defer.
Commissioner Woods
Stated there is a program with our utility department where citizens can
contribute money when paying their bills for assistance to those citizens who
are having trouble paying their utility bills. She stated there have been many
water cut-offs recently due to the economy and asked that the City try to
advertise this more to get more citizens to join that program.
Mayor Meserve
• Stated he was elected by the beaches mayors to be the representative to the
TPO.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 7:21
pm.
ATTEST:
~~~
Donna L. Bartle, CMC
City Clerk