Draft Min 1-14-08MINUTES
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: Approve 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 Page 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 REGULA~t COMMISSIQN MEETING Pie 3
F. Authorize the City Manager to sign an extension to the contract with Trim All
Lawn Service for Landscape Maintenance far one yeaz 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 Pazk 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: App, rove 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
aze 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
J~,nuary 14.2008 REGULAR COMMISSION MEETING Page 4
maintenance on the playing fields. He stated the same applies to ABET and the tennis
program.
Motion: Aparove Consent Agenda Item II as read.
Moved by Borno, seconded by Woods.
Votes:
Aye: S -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. 0$-01
A RESOLUTION OF THE CITY OF ATLANTIC BEACH EXPRESSING
CONCERN ABOUT THE PROPOSED WITHDRAWAL OF WATER FROM THE
ST. JOHNS RIVER SYSTEM; URGING THE 5T. JOHNS RIVER WATER
MANAGEMENT DISTRICT TO STUDY THE POSSIBLE EFFECTS OF SURFACE
WATER WITHDRAWALS AND ENSURE THAT NO UNACCEPTABLE
IMPACTS TO THE RIVER WILL RESULT; PROVIDING FOR SUBMITTAL OF
COPY OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
Mayor Meserve read Resolution No. 08-O1 by title only.
Motion: Aaarove Resolution No. 0$-Ol 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 yeazs, 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 Pase 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 a lazge-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 a lazge-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 a lazge-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
aze going to make sure that we hold our end of the deal up and get our voices heazd,
because this will be decided in Tallahassee.
Amended Motian: Approve Resolution No. 08-O1 with SJRWMD scrivener's
chan8es and include two additions. one at first Whereas adding, after Orlando.
"and surrounding areas" and one at Section 1,,Item C, after and, add "give 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 CON~MISSION METING Page 6
Motion: Aaarove 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.
Moh~on: Aoarove 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 GRADE CENTER, AND
PROVIDING AN EFFECTIVE DATE
January ld 2008 REGULAR COMMISSION MEETING Pace 7
Motion: Auarove Ordina cQ a 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 Parsans stated he supports the Ordinance as written and did
not agree with limiting the days and hours, Mr. Jensen stated the Ordinance akeady
provides for an 11:00 pm deadline. Amer 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: AQarove Ordinance No. 80-08-75 as read.
Moved by Borno, seconded by Woods.
Votes:
Aye: 5 - Borno, Fletcher, Mesex^ve, 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 Page 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 an 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 Citv Mana er to gaecute a ri fight-of-way lease in accordance
with the arovisions of Section 24-115{gJ of the Land Develoament Reaulations to
allow tables outside of Lee's Ice Cream Shoa.
Moved by Parsons, seconded by Fletcher. -
Commissioner $orno 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 azea of Old Atlantic Beach.
January 14,,2008 REGULAR COMMISSION MEETING Page 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 azeas.
Mr. Hanson explained this is like requests the Commission receives mid-yeaz 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 azea, 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 azea they are needed.
Mayor Meserve stated the Commission will authorize prepazation 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 Pazk 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 524,675, 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 Pace 10
Mr. Hanson reported the Strategic Planning 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 prn. 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 20(18 REGULAR COM~VIISSION 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, the Mayor declared the meeting adjourned at 8:48 pm.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bussey, CMC
City Clerk
ATTACHMENT 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.
WHEREAS, growth in the Orlando area will require more water than the Floridan
Aquifer can supply by the year 2013, and
WHEREAS, the St. Johns and Ocklawaha Rivers have been identified as potential
sources of water which would be less expensive than other alternatives such as desalinization,
and
WHEREAS, Florida's water belongs to all of us, but use of that water also brings with it
the responsibility to maintain a healthy environmental balance for all that share in it's use, and
WHEREAS, it is the state mandated responsibility of the St. Johns River Water
Management District (SJRWNID) to ensure that we all live up to our obligations for responsible
environmental stewazdship of our shared aquatic resources, and
WHEREAS, tist~e8laz~e-scale withdrawals of water in-from the St. Johns and
Ocklawaha Rivers may have serious environmental impacts on downstream communities, and
WHEREAS, one 1~e13~potential impact of the re~etien-withdrawal of water is through
increased salinity which could impact recreational and p~efes~ier~al-commercial fishing as well
as the shrimping industry; and
WHEREAS, another ~-potential impact is the increased concentration of pollutants
including nitrogen for which state and federal environmental regulations require that a Total
Maximum Daily Loads (TMDLs) be set to protect the rivers, and
WHEREAS, cities and counties in Northeast Florida are expected to spend over a billion
dollars in this region alone to meet the TMDL limits presently contemplated and those
expenditures will have a serious economic impact on virtually everyone in the region, and
WHEREAS, any additional expense caused by ailure to meet
TMDL standazds~ res~~~e~as a result of water withdrawals by upstream communities
ATTACHMENT A
would place an unfair economic burden on the Northeast Florida region to €~-support growth
in the Orlando azea and those costs may be beyond the ability of some cities and counties to fund
and,
WHEREAS, the SJRWMD is aware of these concerns and has begun
studies to determine the amount of water that can be safely withdrawn and~€s~e
and
WHEREAS, the St. Johns and Ocklawaha Rivers can only provide a short_ term solution
to anever-increasing need for water but cannot fulfill the need in the long term, and
WHEREAS, all of these factors have caused €e~significant public concern and have
focused the appFeliensie~~attention of government and civic leaders in Northeast Florida on
these issues; r
NOW THEREFORE, be it resolved by the Atlantic Beach City Commission as follows:
SECTION 1. Intent and Puraose
That the City of Atlantic Beach joins with other e~ies-local ~;overnments in the region in
opposing any additional water withdrawal from the St. Johns and Ocklawaha Rivers, and asks
that the SJRWMD deny future withdrawal permits unless and until
a. A through and complete scientific investigation of the possible effects of the water
withdrawals from the St. Johns and Ocklawaha Rivers be completed by the
SJRWNID, and
b. That the SJRWMD invite outside agencies such as private consultants, other
institutions engaged in similaz scientific research, and private environmental interest
groups to participate in the study so as to provide peer review and open discussion of
both the methods and results of the investigation with the hope of arriving at a
consensus of the effects of water withdrawals proposed, and
c. That the results of such study be made available and be widely distributed to the
public prior to any permits being issued by the SJRWMD for withdrawal of water
from the rivers, and
d. Water conservation measures be fully studied, implemented and utilized in the areas
proposed to receive the water withdrawals prior to any additional withdrawals being
commenced.
SECTION 2. Sustainability for the Lona-Term
The City of Atlantic Beach encourages and supports the SJRWMD and recipient water
suppliers to study and implement additional methods of water conservation, desalinization and
limitations on future growth to balance the need for water with available supplies for the long
term so that balanced solutions will be in place prior to taking additional water from our rivers in
the short term.
ATTACHMENT A
SECTION 3. Distribution
The City Clerk is authorized and instructed to send copies of this resolution to members
of the St Johns River Water Management District Governing Board, the Duval Legislative
Delegation and to Governor Crist.
SECTION 4. Effective date
This Resolution shall take effect immediately upon its adoption.
Adopted by the City Commission of Atlantic Beach, Florida, this 14~' day of January, 2008.
JOHN S. MESERVE
Mayor and Presiding Officer
ATTEST:
DONNA L. BUSSEY, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
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ATTACHMENT B
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League Urges Voters to Reject Unfair Tax Plan
Jan. 29 tax inequality plan would benefit average homeowners little, punish young families
FOR IIVIMEDIATE RELEASE
Friday, December 14, 2007
CONTACT: Sharon Berrian
(854)222-9684
TALLAHASSEE -Pembroke Pines Mayor Frank C. Ortis, president of the Florida League of Cities,
condemned the Legislature's property tax plan today as an "unequal, unfair tax shift that will punish young
families, punish our schools and make it more likely that many will pay higher taxes than their neighbors to live
in the same-size home."
According to an analysis by Florida TaxWatch, the proposed amendment "gives relief to those who need it the
least, while giving virtually nothing to those that have seen their taxes rise the most." TaxWatch also noted that
the plan will "perpetuate and exacerbate the current system that shifts tax burden from homestead to non-
homestead property" -which will punish small business owners and first-time homebuyers.
The Jan. 29 tax amendment would give brand new tax benefits and tax caps to landlords and owners of vacation
homes, condos and beach-front villas -even if they don't live in Florida. The average Florida family is
expected to receive only $240 from the Jan. 29 proposal, or less than 67 cents a day.
Ortis noted that the trade-off for that 67 cents a day is to worsen inequality in the property tax system and
punish young families who have not had time to accrue tax benefits from Save Our Homes. Thus, the
amendment will further shift the property tax burden from longtime homeowners to first-time homebuyers -
whether it's a family relocating from Ohio, or whether it's a young couple trying to buy their first home. Small
business owners will also be forced to pick up more of the tab.
"For 67 cents a day, you'll create a system that allows someone who moves into your neighborhood, right next
door, buys a bigger more expensive home than you -and you still get socked unfairly with a higher tax bill than
your neighbor," Ortis said.
For 67 cents a day, the amendment will also cut funding for Florida schools by nearly $3 billion. Today, Florida
ranks just 40th in per-pupil education funding, and it spends $1,500 less per student each year than the federal
average, according to the U.S. Census Bureau.
"How can we support this inequity -- punishing families who live and work here; forcing them to pay more than
their neighbors; starving our public schools -just to give ourselves 67 cents a day?" Ortis said. "Florida should
reject this flawed proposal and VOTE NO on Jan. 29."
Presic,'sr7t Frank C. Orbs, Mayor, Pembroke Pines
First Vice President Carmine i'riore, Councilmember, Wellington ~ Second Vice f'residenf John Marks, Mayor, Tallahassee
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