Draft Min 6-9-08MINUTES
REGULAR CITY COMMISSION MEETING
June 9, 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 Administrative Assistant Nancy Bailey
Call to Order/Pledge Mayor Meserve called the meeting to order at 6:00 p.m. Mayor Pro Tem 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 May 27,
2008.
Commissioner Woods requested that Kevin Gartland's professional qualifications be
entered into the record as he stated them. After further discussion, it was the consensus
of the Commission to amend the minutes to reflect this.
Motion• Auarove the minutes of the ReQUlar Commission Meeting of Mav 27,
2008. as amended.
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.
Dolly McCormick, 792 Aquatic, stated she is opposed to the Use-by-Exception for the
Hampton Inn because she believes there will be additional traffic on Aquatic Drive
cutting through her development and hurricane evacuation will be more difficult.
Sally Clemens, 1638 Park Terrace West, addressed the Commission stating the
Florida League of Cities Conference will be held soon and stated now is the time
Atlantic Beach shows leadership by strongly recommending the State of Florida open
oil explorations off its coast.
Branan Woodham, 2356 Covington Creek Drive W., Jacksonville, stated he attends
and is representing Sunrise Community Church in Atlantic Beach. He stated the church
pastor and elders asked that he pass on the church's support for the development and
construction of the Hampton Inn and they believe the hotel will be an asset to Atlantic
Beach and a good neighbor to the church.
June 9.2(108 _ REGULAR COMMISSION MEETING __ Page 2
Jason Trahan,12201 Rockford Lane, addressed the Commission regarding the rules
for the Skate Park as they relate to bicycles and asked why bicycles are not allowed in
the park. City Manager Hanson explained bicycles are not allowed in the skate park
because it is not safe.
Mardie LeBouton, 774 Aquatic Drive, stated she is opposed to the Hampton Inn
because of the traffic, lights, and noise that will occur.
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 reported bid limits of other cities are as follows:
Jacksonville Beach - $15,000; Neptune Beach - $10,000; Palm Coast - $25,000;
Fernandina Beach - $15,000; Baldwin - $5,000; Ormond Beach - $25,000;
Altamonte Springs - $25,000
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 Safety Report for First Quarter 2008,
Public Works and Public Utilities Status Report for May 2008 and
Listing of New Business Tax Receipts issued in May 2008.
B. Extend the annual contracts for environmental laboratory services
(RFP OS-6) for one additional year to Advanced Environmental
Services, Inc. and Columbia Analytical Services at the current
contract prices, and authorize staff to use Water Laboratories for
bacteriological testing.
Mayor Meserve read the Consent Agenda.
Commissioner Fletcher asked that Item A be pulled.
Motion: Aaorove Consent Aaend~ Item B as read.
Moved by Borno, seconded by Parsons.
June 9, 2008 REG JAR COMMISSION MEETING Page 3
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Commissioner Fletcher, upon realizing that Item A was not a discussion item, stated he
was fine with it.
Motion: Aaarove Consent Agenda Item A 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.
Action on Resolutions 6. Action on Resolutions
A. Resolution No. 08-08
A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZINGTHE
CITY MANAGER TO EXECUTE A MAINTENANCE CONTRACT RENEWAL
BETWEEN THE CITY OF ATLANTIC BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, AND PROVIDING AN EFFECTNE
DATE
Mayor Meserve read Resolution No. 08-08 by title only. Mayor Meserve
explained this extends ow maintenance contract to maintain the medians,
etc. on certain roads that are not city roads.
Motion: Aaarove Resolution No. 08-08, 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. 5-08-49, Public Hearing and Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VII, FINANCE,
DIVISION 2, PURCHASING, SECTION 2-331, WHEN BIDS ARE
REQUIRED, TO INCREASE THE BID THRESHOLD, AMENDING
SECTION 2-336, EXCEPTIONS, ADDING AN ADDITIONAL EXCEPTION,
AMENDING SECTION 2-337, OPEN MARKET PROCEDURES, RAISING
THE AMOUNT FOR WHICH NO ADVERTISING IS REQUIRED,
June 9, 20(18 REGULAR COMMISSION MEETING Page 4
AMENDING SECTION 2-338 SCOPE OF PURCHASING AUTHORITY TO
INCREASE THE CITY MANAGER'S AUTHORITY FOR DOLLAR
LIMITS, AND TO PROVIDE AN EFFECIVE DATE
(Ordinance to Increase Bid Threshold)
Mayor Meserve read Ordinance No. 5-08-49 by title only.
Motion: Approve Ordinance No. 5-08-49 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 noted that by making this change, we save up to $600+ per bid
for advertising, etc. that would be incurred at the current level of $10,000 and believes
this is a good thing to do.
Commissioner Fletcher stated his only concern is that several cities that have larger
budgets than Atlantic Beach actually have lower thresholds and questioned if $25,000
is the right amount to raise it to.
Commissioner Parsons stated he agreed with both Commissioner Borno and Fletcher
that it is good to raise the threshold, but $25,000 is a huge jump and he would
recommend $15,000, which would still save money.
Commissioner Woods asked when the last adjustment was made. She was informed
that it was in 1999. She believes since it has been ten years the rate of inflation evens it
out and she is comfortable with the $25,000.
Mayor Meserve stated there are adequate controls and this does not give the City
Manager a license to spend $25,000 on a whim. He stated he does not have a problem
with the increase to $25,000 and as it has been ten years since it was changed it is now
catching up with the real world. He stated he is very convinced the controls are in
place that will prevent anyone from doing anything wrong. Mr. Hanson added with the
present limit they receive at least three faxed signed quotes, which will also be in place
for the $25,000 limit. He stated with inflation there are more purchases that are above
$10,000 and it would enable us to move more quickly than going through a formal bid
process, which requires ads in the paper, notices, and formal bid openings with sealed
envelopes.
Commissioner Parsons stated he still believes, without any bids going out, this is too
much money without getting approval from the Commission. He reiterated he believes
the limit should be $15,000 and could not vote for $25,000.
Commissioner Fletcher stated he believes there are enough controls in place to prevent
problems, but he is concerned that $25,000 is the right number.
City Attorney Jensen stated in Jacksonville Beach where the limit is lower, they also
have an assistant city manager and more staff to handle the volume with the lower
June 9 2008 REGULAR COMMISSION MEETING page 5
limit. He stated the Commission has ultimate control, but he does not believe $25,000
is unreasonable.
Commissioner Fletcher stated he only raised the question due to the limits of the other
cities but believes we have the controls in place to allow the increase.
Votes:
Aye: 4 - Borno, Fletcher, Meserve, Woods
Nay: 1-Persona
MOTION CARRIED
B. Ordinance No. 55-08-33, Introduction and First 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 No. SS-08-33 by title only, and explained this was
related to trash pick-up and fixing some scrivener changes to define what is allowed to
beset out no more than one day before pickup.
Motion: Aaarove Ordinance No. 5-08-33 as read.
Moved by Borno, seconded by Parsons
Commissioner Pazsons stated he believes this ordinance should allow at least two days
for the yard waste in receptacles to put out prior to pickup, instead of just one day.
Commissioner Fletcher stated he would like to see the code be more flexible to allow
residents with the Large lots to place yard trash out earlier.
Commissioner Borno stated all tree branches, etc. can be placed at the curb the day they
are removed, it is only the yard waste put in receptacles that can't be put out sooner.
He stated the purpose was to keep the city clean.
Mr. Hanson stated when the city switched to the current method of refuse collection
about a year ago one of the main reasons was so the waste would be out only one day
per week, per neighborhood. The garbage, yard trash collection and recycling are all
picked up on the same day. Before that time, the ordinance only limited garbage cans
being put out to the curb ahead of time. He stated the last commission decided it would
be best to also limit the yard trash put out in cans or bags to the night before pick up.
The ordinance was adopted, but it was recently realized that when they went from the
first reading to the second reading the new language was inadvertently omitted. He
stated what is proposed here is to straighten out the error made a year ago when the
language was not included in the ordinance. He explained if they do not adopt this
ordinance, it will not be illegal to put yard waste out ahead of pick up time. If they
adopt the change as was intended a year ago, it will limit the yard waste in bags or
containers being put out before 6:00 pm the night before pick up.
Commissioner Borno stated to do that would be an administrative burden on the Code
Enforcement officer, who would not know how long the trash had been on the curb
June 9 200$ REGULAR COMMISSION MEETING Page 6
without marking it somehow. Code Enforcement Officer Alex Sherrer stated, as related
to yazd debris violations, he responds more to complaints, because you would need a
full time code enforcement officer to handle it throughout the whole city. He agreed he
would have no way to tell how long a bag of yard waste has been out, unless he went
out three days before pick up and started looking.
Mayor Meserve stated a vote for this ordinance would bring in the rule that was passed
before but was left out accidentally that states if yard waste is in bags or containers you
have to put it out no earlier than the night before. A vote against would be voting to
allow yard waste to be out all week.
Votes:
Aye: 4 - Borno, Meserve, Parsons, Woods
Nay: 1-Fletcher
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Business
A. (Public Hearing) Request from Bobby Bhikha for Shivam Atlantic,
LLC for aUse-by-Exception to allow development of a new Hampton Inn &
Suites hotel in the Cammercial General (CG) Zoning District on an
undeveloped site located at the northwest corner of Atlantic Boulevard and
Aquatic Drive.
Motion: Aaurove Use-bv-Exception to allow development of a new
Hamuton Inn & Suites .hotel in the Commercial General (CG) Zoning
District
Moved by Borno, Seconded by Parsons
Community Development Director Sonya Doerr gave a slide presentation explaining
the location of the proposed hotel and outlining the aspects of the use-by-exception.
Commissioner Woods asked if there is a requirement in our Code for a landscape buffer
between the hotel and the residential area. Ms. Doerr stated there aze buffering
requirements.
The applicant, Bobby Bhikha, 3608 Marsh Park Ct., Jacksonville Beach, of Shivam
Atlantic LLC, showed the Commission a rendering of the prototype for the hotel they
aze building. He stated they will operate the hotel; they are not building it to sell.
Mayor Meserve opened the Public Hearing.
R.D. deCarle, 51 Beach Avenue, spoke in favor of the use-by-exception for the
Hampton Inn & Suites. He stated he believes this is a very good project and will be a
credit to the community.
Don Remley,1309 Violet St., stated he is a member of the Beaches Aquatic Swim
Club and is concerned the patrons of the Hampton Inn may end up using their parking
Juae 9.2008 REGULAR COMMISSION MEETING Page 7
lot as overflow parking. He stated he is also concerned about security, because women
come to the swim club early in the morning.
Commissioner Borno asked to amend the motion to include the condition from the
Community Development Board.
Amended Motion: Aaurove Use-bv-Exception to allow development of a
new Hamaton Inn & Suites hotel in the Commercial General (CG)
Zoning District with the following condition: no dumpster aickua
before 7:00 a.m. on any day of the week
Moved by Borno, Seconded by Parsons
Commissioner Borno asked the applicant if there are any conference facilities or is it
strictly a hotel and continental breakfast type facility. Mr. Bhikha stated there is no
restaurant, just continental breakfast, and one small conference room that will hold 40
people.
Mayor Meserve stated it was his understanding that commercial lighting cannot be such
that it shows in residential houses so any lighting that is shown back into the residential
area would have to be shielded.
Chief Thompson stated there is no reason persons using the hotel would know to drive
through the adjoining neighborhood as a cut through, so he does not believe there will
be a major impact to the traffic cutting through the subdivision. He stated he also does
not see the hotel having any impact on the security of the Aquatic Center.
Commissioner Woods stated she believes the ingress and egress for the hotel should
line up with the ingress and egress to the Publix and bank parking lot. She also asked
whether a traffic study will be completed. John Nevin, 7406 Fullerton, Jacksonville,
engineer for the project, stated they will do a traffic study as required by FDOT and the
city and explained a hotel generates less traffic than a commercial business. He stated
they can force traffic to turn right on Aquatic toward Atlantic Blvd. if that is a concern
and they will also line up the driveways with the one across the street if that is what the
Commission requests. Mr. Nevin also stated they will put a sign at the limit of their
property that says "slow, children at play". Additionally, Mr. Nevin stated their
landscaping will block 85% of the lights.
Mr. Hanson reported the hotel will put a sidewalk along their property which will
connect to the sidewalk the City has plans for on Aquatic Drive.
Commissioner Fletcher stated he believes the traffic problem should be
addressed but not be tied to this Use-by-Exception, as he does not believe
the hotel will exacerbate the current traffic problem on Aquatic Drive.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
June 9.2008 REGULAR COMMISSION MEF~TING Pale 8
B. Public hearing to take further public comment and consider topics identified
as "major issues" of importance to the City, which will be specifically addressed
during the Evaluation and Appraisal Report (EAR) process of reviewing the
Comprehensive Plan and authorize transmittal of these issues to the Department of
Community Affairs (DCA) requesting a Letter of Understanding that DCA concurs
that these are the issues on which the EAR will focus.
Ms. Doerr explained the Northeast Florida Regional Council is assisting the City
with this state mandated process and stated there was a public workshop with the
Community Development Board. She stated the purpose of the process is to
identify what are the important issuesltopics in Atlantic Beach as we evaluate the
effectiveness of our Comprehensive Plan and then proceed through the amendment
process.
She turned the meeting over to Guy Parola, Northeast Florida Regional Council,
who explained this is essentially an audit of our Comprehensive Plan. He
proceeded to give a slide presentation on the EAR, identifying the major issues: (1)
Preserving and protecting Intracoastal Waterway marshes and associated estuarine
environments; (2) Redevelopment and reinvestment in older neighborhoods; (3)
Redevelopment of commercial corridors; (4) Coastal high hazard areas; (5)
Obstacles to redevelopment; and (6) Aging infrastructure.
Mayor Meserve opened the Public Hearing.
Ellen Glasser, 421 Oceanwalk Drive S., addressed the Commission regarding bicycle
paths. She stated the length between the Wonderwood bridge and the Atlantic Blvd.
bridge needs to be bicycle friendly.
Karen Kempf, 1501 Challenger Ct. W., addressed the Commission concerning the
fact that Mayport Road is the only major road north/south with no connectivity from
the east/west.
Commissioner Fletcher asked why water conservation is not part of the EAR. Mr.
Parola stated water supply planning is a statutory issue that the City must address
and will be considered in the EAR. Public Utility Director Donna Kaluzniak stated
our demand far water has dropped over the past ten years. She stated Atlantic
Beach is not growing rapidly as other cities are because we are pretty much built
out except for some redevelopment. That fact and the fact that the City has been
conserving is why water conservation was not listed as a special issue, knowing it
was already something that was going to be part of the consumptive use permit.
Commissioner Fletcher stated water supply management is a broader umbrella than
what is addressed under consumptive use and would like to see it identified as a
major issue.
Commissioner Woods stated she would also like to address energy conservation as
a major issue.
(Alan Jensen left the meeting at 7:25 pm.; returned at 7:30 pm.)
June 9, 2008 REGULAR COMMISSION MEETING Pase 9
Commissioner Pazsons commended Ms. Kaluzniak on her efforts on water
conservation, stating he believes we do a great job. He also stated the Green Way
is proposing a future bike path along Heckscher Drive that would cross over the
ferry and connect with Mayport Road.
Commissioner Borno stated he believes the regulatory obstacles (#5 Obstacles to
Redevelopment) need to be identified. Ms. Doerr explained at this point all we
need to do is just identify the issue; when they come back through the amendment
process they will identify the specifics. She stated the next step is to request a letter
of understanding from the Department of Community Affairs, buying into our
issues. She stated we will continue to hear public comment through this whole
process. She stated the evaluation appraisal report should be adopted by the end of
October, so the next few months will be spent preparing the report, bringing it back
throughout the process to authorize transmittal to the Department of Community
Affairs to wrap up the EAR process by the end of the year and then start on the
amendment process.
Motion: Authorize transmittal of mayor issues_ to the Department of
Community Affairs (DCA) requesting letter Qf understanding that DCA
concurs the issues on which the EAR will focus
Moved by Borno, Seconded by Fletcher
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Sally Clemens, 1638 Park Terrace W., stated she is not concerned about the water
used from faucets and for watering yazds, but more concerned that the St. Johns River
Water Management might be one agency who could tell us what to do with our water
and believes there should be an ordinance written so they cannot take our water rights
away from us.
Jason Trahan,12201 Rockford Lane, Jacksonville, spoke again about the bicycles in
the skate pazk and asked how he gets an answer. He stated if no bicycles are allowed,
what can he do about getting a park set up for bicycles. Mayor Meserve stated
normally the Commission does not get into public debate, but explained the policy was
set a long time ago that they would not mix bicycles with people on skateboazds for
safety reasons. He stated the Commission will take a look at his request, but they will
not be able to answer it tonight. He stated as far as building a separate facility, they
would have to see what kind of interest was there. He directed the City Manager to
respond after researching the issue. Mr. Trahan responded he realizes that to build
something for the bikers would cost a lot of money and asked the City to consider
simply allowing them to use some property where they could build their own track and
jumps. Mayor Meserve suggested Mr. Trahan come back to the Commission with
some designs of what they are looking for.
No one else from the audience spoke so the Mayor closed the Public Hearing.
June 9 20~t 8 REGULA~t COMMISSION MEETING Page 10
C. Recommended Updates in City Code
Chief Thompson gave a slide presentation on the recommended changes to the City
Code, including (1) windows of businesses being obscured by signs/advertising,
shelving, etc.; (2) changing how we notify people owing the city money; (3) dealing
with awnings, tents, canopies and other temporary structures; (4) recreational vehicles,
boats, etc. pazking requirements for the front yard; and (5) the use of burglar bars and
security awnings being for security at businesses and asked the Commission to
consider adopting these issues into our Code.
Mayor Meserve asked the Commissioners for their thoughts and comments regarding
whether they want to consider going forward with any of these items and, after further
discussion, Mayor Meserve directed staff to continue the process and bring it back to
the Commission for review.
City Manager 9. City Manager
A. City Manager's Report
Mr. Hanson reported the annual Board Member reception is scheduled for Thursday,
September 4, 2008 at 6:00 pm at the Beach Diner.
Mr. Hanson also reported the Ahern Street beach access was damaged rather
extensively during the renovations to the Sea Turtle Inn. He stated the pavement will
need to be milled and resurfaced at a cost estimated at $18,800, as well as repairs to the
sidewalk, replacing the irrigation system and most of the landscaping. He stated he
total estimated cost of the repair work is just over $38,000. He stated they will meet
with the managers of the hotel to discuss payment for the work and expect to get most
of the money back from them.
Mr. Hanson announced the Recreation Department has planned a series of outdoor
movies to be shown at the Donner Center. The movies are scheduled for Saturday, July
26, August 9, and August 23 from 7:00 -10:00 pm. Admission is free.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney A. Florida League of Cities Conference
Mayor Pro Tem Borno reminded the Commission of the annual conference and stated
Atlantic Beach needs to designate a voting delegate for the conference.
Mayor Pro Tem Borno
• Reminded the Commission of the installation for the new president and vice
president of the City Council on June 26. He stated he will be out of town and
unable to attend.
• Contacted Mike Miller of JTA regarding the status of the Atlantic Blvd/Kernan
Overpass and was informed they are issuing a notice to proceed to the
contractor, Hubbazd Construction, later this month. He stated they were
confident they will meet the target dates for construction, beginning second
quarter 2008 and ending first quarter 2010.
June 9 2008 REGULAR CO ~iMI_SSIiON MEETING Page i i
Commissioner Parsons
• Asked why the sign in front of City Hall is not utilized for activities other than
Commission meetings. Mr. Hanson explained the sign is only used for events
that are on this site or held in the park.
• Spoke with Mayor Peyton about the speed limit on Mayport Road. He stated
the City Manager drafted a letter for the Commission to sign requesting
reducing the speed limit from 45 mph to 35 mph.
Commissioner Woods
• Suggested having someone from the Jacksonville Planning Department make
some recommendations for calming the traffic in Aquatic Gazdens, such as
children playing signs, etc.
Mayor Meserve
• Suggested having more police presence in Aquatic Gardens rather than have a
traffic study.
• Announced he will be in Washington, D.C. next week to meet with the
legislators.
• Met with Mr. Hionides last week who stated he was interested in turning his
property into low income housing. Mayor Meserve stated he believes this is a
worthwhile pursuit and will do what he can to help him. Mayor Meserve
distributed to the Commission a letter for their approval notifying Mr. Hionides
that if he can't make something happen in a reasonable amount of time, the City
will have to take some action enforcing the ordinance which does not allow
partial demolition.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 8:19 pm.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Nancy E. Bailey
Administrative Assistant