Draft Min. 2-11-08MINUTES
REGULAR CITY COMMISSION MEETING
February 11, 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. 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 on January
28, 2008.
Motion: Anarove the minutes of the Regular Commission Meetine on Januarv 28,
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 Z. Courtesy of the Floor to Visitors.
Mayor Meserve opened the Caurtesy of the Floor to Visitors. He welcomed the
audience and explained the process for public comments.
Jim McCue, 660 Aquatic Drive, asked the Commission to consider another option for
garbage pickup for smaller families to be every other week, He also commended the
police department for putting up achildren-playing sign and patrolling his
neighborhood more.
R.D. De Carle, 51 Beach Avenue, stated he favors the proposal Commissioner Woods
sent to the Commission this week regarding the FAR.
Stephen Kuti,113Z Linkside Drive, addressed the Commission concerning the
request to renew the engineering services contracts. He stated he believes the proposal
from Eisman & Russell is very reasonable, however, the other two engineering firms
have increased their fees almost 11 %, which he believes is unacceptable. He believes it
would be cheaper to hire engineers rather than consultants, which could also be used by
Neptune Beach and Jacksonville Beach.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
February 11. ?~00$ REGULAR COMMISSION MEETING Page 2
Unfinished Business 3. Unfmished 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, Monthly Building Department Report and List of New Business Tax
Receipts for January 2008.
B. Authorize the City Manager to renew continuing engineering services contracts
to Bowen Civil Engineering, Connelly & Wicker, and Eisman & Russo for a
period of two years.
C. Declaze Ford F250 Pickup as surplus property.
Mayor Meserve read the Consent Agenda. Commissioner Fletcher asked that Item B
be pulled, out of courtesy to Mr. Kuti.
Motion: Annrove Consent Agenda Items A and C as read
Moved by Borno, seconded by Parsons.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Rick Carper stated he did not put in the agenda packet the rate justification sheets
provided by all three engineering firms, but from the documentation provided using the
Federal government CPI forms, he believes the rates aze equitable.
Motion: Apurove Consent Agenda Item B as read
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
February 11.2008 REGULAR COMMISSION MEETING Page 3
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 20-OS-88, Public Hearing and Final Reading
AN ORDINANCE AMENDING THE OPERATING BUDGET FOR THE
CITY OF ATLANTIC BEACH, FLORIDA FOR FISCAL YEAR
BEGINNING OCTOBER 1, 2007 AND ENDING SEPTEMBER 30, 2008
Mayor Meserve read Ordinance No. 20-08-88 by title only.
_Motion: Aaarove Ordinance No. 24-0$-8$ as read.
Moved by Borno, seconded by Fletcher.
Mayor Meserve explained this budget amendment is for the $10,000 approved for
Atlantic Beach's share of the van for Sulzbacher Center.
Mayor Meserve opened the floor to the Public Hearing. No one from the floor spoke so
the Mayor closed the Public Hearing.
Commissioner Parsons stated he read in the paper that Neptune Beach is also going to
donate their $5,000 for the van.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Ordinance No. 31-08-06, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING ONE AMENDMENT TO THE 2015 COMPREHENSIVE PLAN AS
ORIGINALLY ADOPTED BY ORDINANCE 31-04-04, AS AMENDED; THIS
AMENDMENT CONSISTING OF ONE CHANGE TO THE 2005 - 2015
FUTURE LAND USE MAP DESIGNATION FROM RESIDENTIAL, MEDIUM
DENSITY TO RESIDENTIAL, LOW DENSITY FOR AN AREA OF THE CITY
AS DEPICTED ON ATTACHED EXHIBIT A, PROVIDING FOR INTENT,
AUTHORITY, FINDINGS OF FACT, FINDINGS OF CONSISTENCY,
SEVERABILITY AND AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 31-08-06 by title only.
Motion: Approve Ordinance No. 31-08-06 as read
Moved by Borno, seconded by Fletcher.
Mayor Meserve opened the floor to the Public Hearing, explaining this brings the
ordinances and zoning in line with. the Future Land Use Map and Comprehensive Plan.
No one from the floor spoke so the Mayor closed the Public Hearing.
February 11, 2008 REGULAR COMMISSION MEETING Page 4
Votes;
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Ordinance No. 25-08-38, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 BUII.DINGS AND BUILDING REGULATIONS,
CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8 FLOOD
HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE
REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES, TO
DELETE CERTAIN OUTDATED AND/OR NO LONGER APPLICABLE
SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO INCLUDE
ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE, AND
PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 25-08-38 by title only.
Motion: Approve Ordinance No. 25-08_38 as read.
Moved by Parsons, seconded by Fletcher.
City Attorney Jensen explained this ordinance includes a change in Chapter 12, which
addresses the situations such as the Palms Apartments. He stated the current code does
not address that particular situation.
Commissioner Borno asked if a building permit is pulled and the owner completes a
portion of the work and has an inspection, does their permit extend without further cost.
Building Official Dave Hufstetler stated if a permit is pulled and they pass a substantial
inspection every six months that perpetuates the permit until construction is finished,
with no increase in fees.
Commissioner Fletcher asked if six months lapses without passing a substantial
inspection, does the property then become a nuisance with adverse consequences to the
property owner at that time. Mr. Hufstetler explained that would be in violation of the
building permit. The owner would have to file for an extension showing cause why
they need the extension. He stated, if this new ordinance is adopted, the property
would become a nuisance at that point and would be followed up as a code case.
Commissioner Parsons asked what happens if someone is unable to complete
construction within six months because of a hurricane or other extenuating
circumstance. Mr. Hufstetler stated the Owner would request an extension and they
would be granted another six months due to the circumstances. He stated there is no
black and white list they can follow for extensions; a decision is made from the reasons
given by the owner. He stated there are no financial penalties given for extensions.
Mayor Meserve clarified that extensions are a staff decision, determined by the
circumstances. He asked the building official what the process is if someone wants to
dispute their call on an extension. Mr. Jensen stated if someone is denied an extension
February 11.2008 REGUI~AJt COMMISSION MEETING ________ Pace 5
by the Building Official, they have a right to appeal it to the City Commission within
20 days.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
D. Ordinance No. 5-08-48, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES,
ADMINISTRATION, ARTICLE II CITY COMMISSION, SEC. 2-16 TIME AND
PLACE OF REGULAR MEETINGS, TO CHANGE THE TIME OF REGULAR
MEETINGS, AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 5-08-48 by title only
Motion: Aaaroye Ordinance No. 5-08-48 as read.
Moved by Borno, seconded by Parsons.
Mayor Meserve explained this ordinance is changing the time of the Commission
meetings from 7:15 p.m. to 6:00 p.m.
Commissioner Woods commented she had been concerned that people who work in
town might not be able to get back in time, but stated she has not heard any complaints
from anyone so she believes that is not an issue at this time.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
E. Ordinance No. 55-08-32, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES, SOLID WASTE
AND RECYCLING, ARTICLE I, SOLID WASTE DEFINITIONS AND
PROCEDURES, SEC. 16-10 FEES FOR COLLECTION, BY ADDING NEW
SUBSECTIONS ESTABLISHING FEES FOR ADDITIONAL GARBAGE PICK
UPS AND TOTERS, AND PROVIDING AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 55-08-32 by title only.
Motion: Aaarove Ordinance No. 55-08-32 as read
Moved by Borno, seconded by Parsons.
City Manager Jim Hanson explained the rate for an extra toter would be $8.50 instead
of $17.10. Commissioner Borno asked how the maximum of 400 subscribers would be
identified. Mr. Hanson stated that relates to the subscription to a second pick up per
week and will need to be added to the contract with WSI, but he does not believe it
February 11.2008 REGULAR COMMISSION MEETING Page 6
should be added to this Ordinance. Mayor Meserve stated the suggestion of fewer pick
ups for smaller families should also be looked at in the future.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business A. Approve Fiscal Yeaz 2008-2009 Community Development Block Grant
(CDBG) uses.
For the benefit of the new Commissioners, Community Development Director Sonya
Doerr explained the process they go through each year for the grants and how they
determine what the funds will be used for. Chief David Thompson explained there was
a 67% cut in the grant funding used previously for crime suppression on Mayport Road,
so they would like to use some of this grant for that. Commissioner Borno commended
the City Manager and staff who have worked on this.
Motion: Authorize City Manager to submit the request to City of Jacksonville
and sign documents as necessary to execute the contract for use of FY 2008-2009
CDBG funds in the category: Code Enforcement-Law Enforcement to improve
deteriorating or deteriorated areas, with specific activities and programs to be
determined sub,~ect to future Ci Commission approval
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
B. Contract Amendment with Waste Services of Florida, Inc. to provide for second
day per week subscription pick up for household garbage and for providing a
second toter.
City Manager Hanson explained the City's contract with WSI has to be amended to
reflect the provision of the new services contemplated in the ordinance tonight,
including the second day per week service and the second toter. He stated WSI is
charging the City $1 S.2S/month/customer for the second day per week subscription
pick up and the City will charge $17.10, which includes the billing and coordination
with the hauler. He stated the chazge to the City from WSI for the toter is
$7.00/household/month and the City will charge $8.50 to include the billing costs. Mr.
Hanson recommended adding, "this second pick up additional service shall be limited
to not more than 400 subscriptions" to the contract addendum.
Motion: Authorize City Manager to execute the contract addendum with Waste
Services of Florida Inc.
Moved by Borno, seconded by Fletcher.
February 11.2008 REGULAR COMMISSION MEETING Page 7
Votes:
Aye: 5 • Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
C. Proposed Emergency Ordinances for Disaster Preparedness.
Chief Thompson summarized his staff report, explaining these are ordinances that will
be created and held in abeyance until such time of a disaster (i.e. a hurricane), which
may preclude the Commissioners from getting together to quickly enact legislation. He
stated these would be laws on the books that could be utilized or approved by the
Mayor and City Manager jointly.
After clarification of several questions, it was the consensus of the Commission to have
staff bring this back as an Ordinance for their consideration.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported the last alcohol deployment revealed only one business sold
alcohol to minors, the Hess Mart.
He also reported on the list of issues for the upcoming Strategic Planning meetings to
beheld on Wednesday, February 27 and Thursday, February 2$ at 5:00 p.m. at the
Adele Grage Center.
He reported the city has purchased the first hybrid vehicle, a Ford Escape, which will
be an administrative vehicle for the Police Department.
Mr. Hanson announced that Building Official Dave Hufstetler will be leaving on
February 22 to take a job out of the country and they will bring in a temporary Building
Official until they are able to hire someone permanently.
Mr. Hanson reported there is an agreement with the low bid contractor, Petticoat, for
the Mayport median project which should be ready to be issued by the City of
Jacksonville within 30 days. He stated Petticoat has done a lot of good work for the
City in the past and is very reputable and capable of handling the job.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Commissioner Borno
• Stated he is seeing a lot of cross cuts in the city streets and asked what type of
work is going on. Public Works Director Rick Carper stated most of these are
due to public utility repairs.
• Reported the candidate applications for Boards and Committees need to be in by
this Friday to be reviewed at the next Board Member Review Committee
meeting.
February 11.200$ REGULAR COMMISSIOIW MEETING Pace 8
Commissioner Parsons
Proposed signs be put up around the City requesting pedestrians walk against
traffic He stated he sees many pedestrians in his neighborhood walking with
the traffic and believes it is just a matter of time before someone is hurt. He
also requested a walkway be put in at the S's area in the SeIva Marina
neighborhood.
Commissioner Fletcher
• Thanked Ms. Doerr for her work on the Community Development Block Grant.
• Thanked Chief Thompson for his work on the Disaster Preparedness.
• Thanked Chief Thompson and Rick Carper for their responsiveness to his
request for a Watch for Children sign on Beach Avenue.
Mayor Meserve
• Stated he is having difficulty with his City email and asked if anyone else is
experiencing similaz problems. Stated the spam Mockers aze blocking some
citizens from getting their emails to City officials. Commissioner Fletcher
agreed stating he finds relevant emails in his junk mail folder. Mayor Meserve
stated the City Manager is aware of this and there are some issues that need to
be solved. Mr. Hanson stated they aze looking at trying to handle this better.
• Stated the school system has brought to his attention that a club is going in on
Mayport Road, not in Atlantic Beach, but close to the school. He stated he is
going to request to Jacksonville that this club's special variance not be allowed.
He stated after years of trying to clean up Mayport Road this is taking it in the
wrong direction. Commissioner Borno stated he believes the variance request is
to allow alcohol closer than 1500 feet to a school. Commissioner Pazsons stated
he spoke with Ray Holt and Art Graham and they both are opposed to the
variance.
A. Further Discussion about Floor Area Ratio
Commissioner Woods
Summarized her report on the FAR issue and urged the Commission to move
forward with it. After discussion, the Commission agreed Commissioner
Woods' report had relevant points, but they were not in favor of bringing this
proposal to the Community Development Boazd at this time. Ms. Doerr stated
discussion of removal of the FAR has been noticed for the agenda for Tuesday
night's CD Board meeting but if they were to discuss a whole other issue, it
would probably have to wait until the March meeting to be properly noticed.
Consensus was to only have the issue of eliminating FAR go before the CD
Board for review at this time and to reevaluate the other proposal at a later time.
Commissioner Woods asked what the timeline would be to bring her proposal
back up. Ms. Doerr stated, when this ordinance was adopted in September
2006, it was agreed to revisit the issue every year.
Fe rua 11 2008 REGULAR COMMISSION MEETING pa e 9
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:38 pm.
ATTEST:
______.,
~~
John S. Meserve, Mayor/Presiding Officer
Donna L. Bussey, CMC
City Clerk