Draft Min 12-08-08MINUTES
REGULAR CITY COMMISSION MEETING
December 8, 2008
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John S. Meserve City Attorney Alan C. Jensen
Mayor Pro Tem Mike Borno City Manager Jim Hanson
Commissioner John L. Fletcher City Clerk Donna L. Bartle
Commissioner Paul Parsons
Commissioner Cazolyn Woods
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. Mayor Meserve
welcomed Councilman Art Graham, who was in the audience. He further stated he will
move Item SB to right after the Courtesy of the Floor to Visitors.
Approval of Minutes 1. Approval of the minutes of the Regular Commission Meeting of November
24, 2048.
Motion: Anarove the minutes of the Regular Commission Meeting of November
24, 2008, as written.
Moved by Borno, seconded by Fletcher.
Votes:
Aye: 5 -Borno, Fletcher, Meserve, Parsons, Woods
Nay: 4 -
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.
Maureen Shaughnessy, 361 Main St., addressed the Commission regazding the
sidewalks stating she would like to keep the original 2002 bike path plan
recommendation that would limit it from Levy Rd. to Dutton Island Rd. She also
addressed the chain link fences, stating she believes each waiver should be looked at
individually and believes there is nothing wrong with the fences plus it will be an
undue burden to those businessmen to change them.
Marilyn Arniella, 272 Main Street, stated she does not believe the sidewalks are a
good idea. She stated there are already a drain and large electrical box in front of her
house and a sidewalk would take away their whole front yazd.
Julio Dealmeida, 272 Main Street, spoke in opposition to the sidewalks, stating he
already has no front Yazd and a very small driveway. He stated if a sidewalk is put in,
he won't even be able to pazk his car.
December 8.2008 REGULAR COMMLSSION MEETING Pase 2
Karen Fredemann, 662 Main Street, spoke in opposition to the sidewalk citing
increased crime, parking and safety issues, and tax increases as her reasons.
Mark Aley, 240 Main Street, stated he appreciates the Commission thinking of them
by putting sidewalks in but stated they don't want or need one.
Jack Murphy, 1126 Main Street, stated he and his wife are not opposed to the
sidewalk but they do not believe there is enough room in the yards there. He further
stated if this causes an increase in taxes, then he is opposed. He also stated that pazking
cars on the east side of the road makes absolutely no sense.
Helen Parker, 660 Main Street, stated she hoped the bike path is a dead deal and
would only address the sidewalks. She asked what will happen to the sprinkler
systems, sod, mailboxes, etc. and who will pay to repair/replace them.
George Hromco, 376 Main Street, stated he does not support the project and
addressed the cost of the sidewalks stating he hopes they can find a better project to
spend the money on.
Sandra Doaner, 1276 Main St., suggested an alternate idea for the sidewalk that she
believes will not take up as much yard. She further stated parking away from your
home will be a problem as faz as crime.
Maggie Gensel, 200 Main Street, stated she is not against the four foot sidewalk, but
is against the eight foot bike path.
Ands Smail, 288 Main Street, spoke in opposition to the sidewalk because of the
parking situation.
John Murr, 61 West Second St., agreed the parking situation will be bad if the
sidewalks are built.
No one else from the audience spoke so Mayor Meserve closed the Courtesy of the
Floor to Visitors.
Miscellaneous 8. Miscellaneous Business
Business (8B taken
out of sequence) B. Bid for the Main Street Sidewalk Project (from West ls` to Levy Road)
Rick Carper responded to Mr. Hromco's comment rgazding the bid analysis stating he
had made an error in what he submitted to the City Manager for inclusion. He stated he
took the original bid sheet and modified it to reflect the quantities of concrete required
for the eight foot sidewalk and printed the wrong page. Regarding the comments about
a tax increase, Mr. Carper further stated, since all construction would be in the City
Right-of--Way with no impact on private property, there would be no impact on the tax
valuation of their property. Mr. Carper also stated if a sidewalk were to be constructed
at the curb, as suggested by Ms. Doaner, the standard practice is to put in a wider
sidewalk (i.e., 6 foot sidewalk) which provides more separation for the pedestrians
from the traffic. He stated Main Street is one of the wider streets in the City at 24 feet
December 8, 2008 REGULAR COMMISSION MEETING Page 3
wide and there are many streets in the City where on street pazking is allowed that aze
narrower.
Mayor Meserve stated, since this project is going to make most of the people mad, he
suggested not spending the money and forget this project for the foreseeable future.
Motion: Cancel the whole aroiect and do not bid it out
Moved by Fletcher, seconded by Borno.
Commissioner Parsons reiterated this project would not affect taxes whatsoever and
stated he agreed there should not be a sidewalk, especially an eight foot sidewalk, but
was concerned about making it safer for the children at the bus stops and asked staff to
come back with something that would make this safer. He also stated he was
concerned about the lighting on Main Street and suggested contacting JEA regazding
upgrading the lighting.
Commissioner Borno agreed the look of the street would be totally destroyed if they put
a sidewalk in and believes the project should be cancelled, not postponed. He stated
although the City can try to keep traffic under control on Main Street, as far as the older
children playing in the street, it is a matter of self responsibility and teenagers must
realize they are not bigger than a car is. He believes the parking issue should be
brought back to the Commission to see if the people really want it or not.
Commissioner Fletcher stated after parking at Mrs. Pazker's home he realizes the
impact it will have on that side of the road and is happy to see the consensus is building
that it is not the right thing to do.
Mayor Meserve reiterated the consensus was to not do this project and if it ever came
back up again it would have to go through the entire process again. He further stated it
will not be bid out in any form. He also stated changing street pazking is a side issue
that they will not address.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Unfmisbed Business 3. Unfmished Business from Previous Meeting
from Previous
Meeting A. City Manager's Follow-up Report.
City Manager Hanson stated the City received an award for the Animal Control
Division and asked Assistant City Manager Thompson to explain. Assistant City
Manager Thompson recognized the City's two animal control officers, Cliff Freycinet
and Kelly Caton, stating they recently attended the Florida Animal Control Association
Conference where it was announced that Atlantic Beach Animal Control was named the
2008 Outstanding Agency of the Yeaz by the Florida Animal Control Association.
December 8.2008 REGULAR COMMISSION MEETING Page 4
Mr. Hanson stated since receiving estimates of revenue from the State last August, they
have issued new estimates. He stated for Atlantic Beach, the following reductions
should be expected for the current yeaz's budget: Municipal Revenue Sharing and the
General Half-cent Sales Tax, both in the General Fund, reduction of $82,360; Better
Jacksonville Plan Sales Tax reduction in revenues received by $25,475; Bed Tax Fund
will be $9,000 below budget; Gas Tax fund will be reduced by $34,000. The total of all
reductions is $151,000, which means the City will receive $151,000 less this year than
what is in the budget. He stated the prudent thing to do is to reduce or delay
expenditures by this amount. He stated cancelling the Main St sidewalk project will
save a good piece of that money and he will look through the budget for other options
and will make a report in January on what else can be cut back to stay in line this year.
Consent Agenda 4. Consent Agenda
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY
ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED,
THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL
BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND
STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO
THE CITY COMMISSION ON THESE ITEMS
A. Acknowledge receipt of Monthly Financial Reports for September and
October, Public Works and Utility Departments Project Status Report
and List of Business Tax Receipts for November 2008.
B. Declare the attached list of property as surplus.
C. Awazd the annual contract for Polymer for Wastewater Treatment Plants
(Bid No. 0809-04 to Ciba Specialty Chemicals at the bid price of $1.45
per pound) and authorize staff to purchase a minimum of 3 barrels of
polymer from LeahChem to keep on site if plant problems arise due to
use of new polymer.
Mayor Meserve read the Consent Agenda.
Commissioner Parsons asked that Item B be pulled.
Motion:. Aparove 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
Commissioner Parsons stated although the lifeguard truck only has 18,000+ miles, he
wanted to explain that it is probably eaten up with salt and didn't want the City to sell it
without letting the buyer know where it has been and how it was used. Mr. Hanson
explained he drives or looks at closely every vehicle that gets replaced before it makes
it to the budget recommendation. He stated there have been a lot of problems with
lifeguard trucks being rusted out. He stated the difference is those trucks are bought
December 8. X008 REGULAR COMMISSION MEETING Page 5
with a special fund that uses City of Jacksonville money. He stated all of the rest of the
vehicles, i.e. animal control trucks, that go on the beach aze used on the street for 2 or 3
years and then transferred to beach use because whether a new vehicle or used the
vehicle will get rusted out on the undercarriage, front suspension, etc.
Motion: Approve Consent Asenda Items B as read.
Moved by Parsons, seconded by Fletcher.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mayor Meserve asked if we disclose the life guazd truck is probably rusted out because
of its use on the beach. Mr. Hanson stated they are usually sold with the auction of
Jacksonville Beach. He stated he does not know if the history of the lifeguazd trucks is
disclosed. Mr. Carper stated in the past they have disclosed issues with a dump truck
that had rear end problems to the auctioneer. Commissioner Fletcher stated he believes
it is a very ethical practice to disclose unknown issues but asked if there is a legal
obligation.
Committee Reports 5. Committee Reports
None.
Action on Resolutions 6. Action on Resolutions
None.
Action on Ordinances 7. Action on Ordinances
A. Ordinance No. 95-09-98, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 23,
ENTITLED "VEGETATION" OF THE CODE OF ORDINANCES IN
ITS ENTIRETY, AND REPLACING IT WITH NEW CHAPTER 23,
TO BE ENTITLED "PROTECTION OF TREES AND NATIVE
VEGETATION" ESTABLISHING PURPOSE AND INTENT,
SPECIFIC PROVISIONS AS SET FORTH WITHIN EXHIBIT A,
WHICH IS ATTACHED TO AND MADE PART OF THIS
ORDINANCE; PROVIDING LEGISLATIVE FINDINGS,
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE
Mayor Meserve read Ordinance No. 45-04-98 by title only.
Motion: Approve Ordinance No. 95-09-98 as read.
Moved by Borno, seconded by Woods.
Commissioner Fletcher expressed his concerns regarding the definition of clear cutting.
Ms. Doerr stated cleaz cutting was removed from the ordinance. Commissioner
Fletcher stated on page 14, it stated "it shall be unlawful to cleaz any lot, pazcel or lands
December 8.2008 REGULAR COMMISSION MEETII~TG Page 6
such that the land is denuded of regulated trees and regulated vegetation ..." and
suggested rewording it to state, "it shall be unlawful to cleaz cut any lot, parcel or lands
such that the land is denuded of a substantial portion of the regulated trees and
regulated vegetation ... ".
A discussion ensued as to how one determines what is substantial and that substantial is
too vague.
There was further discussion regarding the definition and regulations of denuding a lot.
Commissioner Fletcher stated he wanted to ensure that their understanding is correct
that the clear cutting provision is gone. Ms. Doerr stated initially there was a provision
included to prohibit the wanton clearing of trees, when there was nothing planned for
the lot. Commissioner Fletcher stated he just wanted to ensure that we are not over
regulating. Commissioner Fletcher clarified that in 23.21 subchapter E, if you are not
within the 12 month window of construction, this paragraph is of no concern to anyone.
Mayor Meserve stated that is true.
Commissioner Borno stated the reason they are putting in an ordinance is for the
minority of the citizens who want to thumb their nose at regulations. Commissioner
Fletcher stated his concern is that they write an ordinance for that small fraction and it
gets inadvertently enlazged upon and casts a net that is very wide and catches people
who really don't belong being caught in that net. He stated as long as there is no longer
a clear cutting provision he has no issue with the ordinance.
Commissioner Woods stated on page 14, F1, the administrator discretion to send an
application to the Tree Board was struck through and asked for explanation. Ms. Doerr
stated this was done at Commissioner Fletcher's request. Commissioner Fletcher
explained the intent there was that there were some specifically prescribed
circumstances that would trigger a referral from the administrator to the Tree Board, i.e.
the person wanted to mitigate with less than 50% of the tree replacement and just
wanted to pay the fine, which is when it will go to the Tree Boazd. Commissioner
Woods stated she still believes that could be left in and it would not weaken the
ordinance or make it any more cumbersome because you never know what else is going
to come up. Ms. Doerr stated she is not concerned about striking it because there is still
a chain of command, and if there is a really unusual situation they don't feel
comfortable with they would go to the City Manager for further review. Commissioner
Woods stated she would vote that it stay in, for the protection of the staff.
Commissioner Woods further asked for explanation of the chart on page 21 regazding
heritage property. Ms. Hall explained how it should be read, stating it refers to heritage
trees.
Commissioner Borno asked Ms. Hall to explain the application of fees. With the use of
slides of aerial photos, Ms. Hall explained how they determine how to apply the fee to
the lot. Commissioner Fletcher asked how often the aerials of the tree canopies are
updated. Ms. Hall stated they are updated every two years. Mr. Hanson stated one
change in this ordinance specifies we would use aerial photography to determine
exactly what area was clear cut versus applying it to the entire lot.
December & 2008 REGULAR COMMLSSION MEETING Page 7
Commissioner Borno stated he wants to raise the current fine from $5 to $10 on
paragraph 23.51(3) on page 28.
Motion: Change fine from $5 to $10
Moved by Borno, Seconded by Parsons
Commissioner Parsons stated he agrees with Commissioner Borno that the fee be raised
from $5 to $10.
Mayor Meserve stated he believes that $10 is excessive and believes the Ordinance
should remain $5.
Commissioner Fletcher agreed that $5 is fair.
Votes:
Aye: 2 - Borno, Parsons
Nay: 3 -Fletcher, Meserve, Woods
MOTION FAILED
Mayor Meserve asked for a vote on the original motion.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Ms. Doerr expressed her appreciation to Ms. Hall, stating she had put in untold
hours of research into this ordinance. Commissioner Fletcher agreed that Ms.
Hall has done a great job.
Mayor Meserve cautioned the Commissioners that they need to maintain the
procedure of one person speaking at a time and if they have an issue such as
changing language, etc., to make it in the form of an amendment to the motion.
B. Ordinance 31-09-07, Introduction and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
ADOPTING AN AMENDMENT TO THE 2015 COMPREHENSIVE
PLAN AS ORIGINALLY ADOPTED BY ORDINANCE 31-04-04,
AND AS AMENDED; THIS AMENDMENT ADOPTING THE
PUBLIC SCHOOLS FACILITIES ELEMENT AS REQUIRED BY
2005 SENATE BILL 360, WHICH IS ATTACHED HERETO AS
EXHIBIT A, PROVIDING FOR INTENT, AUTHORITY, FINDINGS
OF FACT, FINDINGS OF CONSISTENCY, SEVERABILITY AND
AN EFFECTIVE DATE
(First reading of Ordinance 31-09-07, which will adopt the Public Schools
Facilities Element as part of the 2015 Comprehensive Plan in accordance with
and as required by 2005 Senate Bill 360.)
December 8.2008 REGULAR COMMISSION MEETING Page 8
Mayor Meserve read Ordinance No. 31-09-07 by title only. Mayor Meserve explained,
by State law, any City that has a public school within its boundaries is required to put
this in their Comprehensive Plan.
Motion: Approve Ordinance No. 31-09-07 as read.
Moved by Fletcher, seconded by Woods.
Commissioner Borno thanked staff for their work on this Ordinance.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Miscellaneous 8. Miscellaneous Business
Busutess
A. Public Hearings - Requests for waivers from the Section 24-171(f) of
the Land Development Regulations to allow chain-link fences to remain
in the Commercial Corridors
Mayor Meserve read the request for waivers and stated Ms. Doerr will explain
the background of the Ordinance and City Attorney Jensen will explain the legal
requirements to consider a variance and what the City's options are.
Ms. Doerr briefly summarized the pmcess stating this is different than a zoning
variance. She stated this is a waiver and they come directly to the Commission,
who has authority on a case by case basis to authorize limited waivers from a
specific provision of the land development regulations when compliance with
such provision would be unreasonable, in conflict with the public interest, or a
practical impossibility. She further explained the regulations as they pertain to
the chain link fences.
City Attorney Jensen explained the Ordinance on the books now prohibits chain
link fences and the requirements to have a chain link fence other than in the
required front yard or side yard. He stated in order to grant the waiver the
Commission must fmd that one of three conditions exist: (1) compliance with
the provision would be unreasonable, or (2) in conflict with public interest, or
(3) it would be a practical impossibility. He stated if one of those three exists
on a piece of property, it must be supported by a showing of good cause and
there must be evidence presented that an alternative to that provision will be
provided which conforms to the general intent of the Land Development
Regulations. He stated, with any waiver approval, the Commission is also
authorized to require certain conditions. He further stated if the Commission
does not find one of those three authorizations to grant a waiver, the only thing
they can work with after that is something with timing. He stated these chain
link fences were grandfathered in for a limited period of time, but that time has
expired so they are no longer grandfathered in.
December 8.2008 REGULAR COMMISSION MEETING Page 9
Commissioner Parsons stated there have been a lot of people who have
complied with the rules and asked if they are opening the City to a possible
lawsuit if they grant waivers now. City Attorney Jensen stated that could be a
problem.
Brian D. Christy, Christy First Coast Plumbing - 1651 Mayport
Road
Brian Christy, 1651 Mayport Road, addressed the Commission regarding his
waiver request and explained the slides showing his fence on his property. He
stated safety is a big concern and the insurance company will raise their rates if
they don't have a fence to protect their property. He further stated his fence sits
on the required 20 foot setback from the property line. He stated he wants to
keep his fence so he can keep his property protected.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Mr. Christy answered several questions from the Commission.
Mr. Christy stated he doesn't know where the City of Atlantic Beach gets the
right to pick the material of the fencing that any of them use on the commercial
corridor. Mayor Meserve stated they aze not there to azgue the validity of the
ordinance, which is a legal document. He stated the ordinance was written five
years ago and is a valid ordinance of the City of Atlantic Beach and if someone
wants to address whether it is a legal document or not they can challenge them
in a court. City Attorney Jensen explained Mr. Christy can have a chain link
fence on his property under the ordinance as it exists, it just can't be within the
front 20 feet of the lot or within 10 feet on a side street. Mr. Christy stated then
he is in compliance. Mr. Jensen stated if he has a chain link fence, he has to
conceal it. Mr. Christy stated his fence is substantially concealed and is in
compliance.
Commissioner Woods asked Ms. Doerr if they have a survey of Mr. Christy's
property. Mayor Meserve stated until they get the facts, they should defer the
request for waiver, until they know. Mr. Jensen stated that really is not the issue
here tonight and stated they must find for Mr. Christy to comply with the
ordinance, it would be unreasonable, or in conflict with the public interest, or it
would be a practical impossibility. He stated if the Commission does not find
one of those three things, they cannot grant a waiver. He stated, if there is no
waiver granted, Mr. Christy can keep his chain link fence as long as it meets all
other requirements of the Ordinance, including not being within the 20 feet, or
the 10 feet on the side, and being concealed. Mayor Meserve reiterated what
they aze deciding on tonight is whether the applicant has shown that he meets
one of the three conditions and if not a waiver is not granted, and then it would
go back to Code Enforcement to see the issues of concealment and where the
fence sits on the property.
December 8.20(18 REGULAR COMMISSION MEETING Pace 10
After further discussion, Commissioner Woods stated she would like to make a
motion to defer until they know whether the fence is in compliance regazding
the property line setback. Mr. Jensen again stated you don't need to know
whether the fence is within the 20 ft. or not, the question is can he comply with
the ordinance or should he be entitled to a waiver because of one of the three
reasons.
Motion: Defer until it is determined whether fence is in comaliance.
Moved by Woods
Motion failed due to lack of a second.
Further discussion ensued, after which it was the consensus of the Commission that Mr.
Christy did not meet any of the criteria and, therefore, they must deny the waiver.
Motion: Denv request for waiver for Brian D. Christy, Christy First Coast
PlumbinE -1651 Mavport Road.
Moved by Woods, seconded by Parsons.
Votes:
Aye: S - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
Mayor Meserve explained to Mr. Christy that he needs to get with staff to
determine if his fence is within the setback. Mayor Meserve stated the
Commission will give Mr. Christy 30 days to work with staff. Mr. Jensen
clarified since the waiver has been denied it goes away from the Commission
and back to Code Enforcement. He further stated if the Commission was
inclined to give Mr. Christy some additional time to come into compliance, that
is something they would have to give staff direction on. Commissioner Fletcher
disagreed, stating he believes the Commission is doing Mr. Christy an injustice
by postponing the inevitable and believes the issue needs to go back to Code
Enforcement to determine whether he is in compliance and if he is not, he needs
to be brought into compliance. Commissioner Woods stated she believes they
need to follow the process, as they did with the Hionides property, and believes
it does right by everybody involved. Mayor Meserve clarified for Mr. Christy
he will have to come into compliance.
2. John G. Murr, Murr's Automotive - 980 Mayport Road
John Murr, 980 Mayport Road, stated, as far as compliance with bushes or
shrubs, he has done nothing because he wanted to come before the Commission
to understand where he stands. He stated his original understanding was if he
wanted a 6 ft. high cyclone fence he had to put it back 20 ft., but if he wanted to
have a 4 ft. fence he could bring it all the way up to the property line, which is
what he did. He explained he has almost $200,000 in stock in cars on his
property. He explained if he doesn't have a fence enclosed lot, he cannot carry
collision insurance on his vehicles only liability. Mayor Meserve stated he can
December 8, 2008 REGULAR COMMISSION MEETING Page 11
have a fence, just not a chain link fence. He stated he followed his permit for
the fence and did what he was told. He asked the Commission to tell him what
they want him to do and he will change it, even though the fence cost him
$8,500 plus. He stated he has worked hard on his property cleaning it up from
the previous owner and has put $70,000 in landscaping, etc. in trying to keep it
nice and it hurts him now. He stated he was not here to argue with anyone
because it won't do him any good.
Mayor Meserve opened the Public Hearing.
Sally Clemens, 1638 Park Terrace West, stated she is upset for these poor,
honest people who really have developed Mayport Road. She believes
something needs to be done to this ordinance. She further stated this is also
why she was concerned about a written tree ordinance. She stated there is
language in some of this ordinance that really needs to be looked into,
especially by people who own businesses. She believes the business owners are
the ones who should be looking over the shoulders of those writing the
ordinances, because the City is running some businesses out and these people
are our bread and butter here on Mayport Road. She stated these are good
people who are trying to develop the road and asked why the ordinance can't be
changed to help these people.
Dorothy Kerber, 365 First Street, stated she has seen ordinances passed in
this City and did watch when this one was being put together. She stated the
optical company, that was next to Monahan's Jewelry, tried to make their
signage comply with what some of the former commissioners thought it should
be and believes this drove those people into considerable unnecessary expense
because of the type sign the ordinance said they should have. She stated this is
what the City is also doing now to these people. She stated she has used Mr.
Murr's services in the past and believes he is fair and is trying to run a decent
business and has been very considerate with many people who did not have a lot
of money by trying to help them get their cars back in operation. She stated she
believes this ordinance is too severe the way it is now and needs to be amended.
She stated she does not believe this ordinance is right and believes the people
who have tried to put the additional landscaping in and are willing to do
whatever should be granted waivers.
George Hronco, 376 Main Street, asked what the City's plans are for the
sewage pump station that has a chain link fence. Mayor Meserve stated that
was not relevant to the discussion.
Commissioner Woods stated although she understands this is a hardship, people
need to look at the bigger picture of why the ordinance was even considered,
why it got written, why it was passed, and why most people have complied with
it. She stated it does, in the long run, actually help property values and reduces
crime by eliminating blighting elements, which she believes the chain link
fences are.
December & 2008 REGULAR COMMISSION MEETING Page 12
Mayor Meserve asked Ms. Doerr, since Mr. Murr's fence was permitted at the 4
foot height but without a waiver cannot remain, can another metal fence be put
up in the same location at the same height. Ms. Doerr stated yes and cited the
U-Haul location as an example.
No one else from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Fletcher reiterated there are criteria that must be met to waive the
requirements of the ordinance and he did not believe the criteria was met in
order to grant a waiver.
Commissioner Borno further clarified that if Mr. Murr was to keep his chain
link fence he would be required to move it back twenty feet and landscape it,
but if he went to an alternate material, he could keep the fence at the property
line.
Motion: Denv request for waiver for John G Murr. Murr's Automotive - 980
Maynort Road.
Moved by Parsons, seconded by Fletcher.
Mayor Meserve stated the Commission's intent is not to put anybody out of business,
but they are required to live within the law. They cannot wait five years and then go
back and say, after ten to twelve people have paid a lot of money to comply with the
ordinance, they will just change it and make it no longer effective. He stated if they are
going to be that inconsistent as a governing body, they should get out of office.
Votes:
Aye: 5 - Borna, Fletcher, Meserve, Parsons, Woods
Nay: 0
MOTION CARRIED
3. Randolf O. Wilson, Wilson Trailers - 37 West 8a` Street
Randy Wilson, 3~' West 8~' Street, explained his request was because his material at
his business is small and mobile and without some type of fencing his trailers can easily
be rolled off. He stated his fence has been modified many times throughout the years
and stated he realizes something needs to be done to his fence. He stated he was
waiting until he can afford to change it and to find out what actually needs to be done
so everyone is happy.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Moved by Parsons, seconded by Fletcher.
December 8, 2008 REGULAR COMMISSION MEETING Pate 13
Mr. Wilson stated he will get with Code Enforcement to see exactly what he has
to do to modify the fence on the side street to comply with Code. The
Commission agreed his fencing on the front of the property was fine.
Mayor Meserve stated, as a process for those who just had their requests for
waiver denied, rather than wait for a Code Enforcement meeting, he suggested
they go to Sonya Doerr/Alex Sherrer who can explain what will meet the Code
on their property.
Votes:
Aye: ~ - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
4. Atillio Cerqueira - 660 Mayport Road
Atillio Cerqueira, 660 Mayport Road, commended the Commission for what they
have done on Mayport Road. He withdrew his request for waiver and asked what the
intent of the Commission was with these fences when the residential properties across
the street have chain link fences that have been recently permitted, including the Post
Office. He further stated if they do have to take down their fences he would ask that
the Commission consider waiving the permit fee.
Mayor Meserve clarified this was a formal request to withdraw his waiver and stated
there would be no action taken on the waiver. He agreed the Commission needs to take
a look at enforcing the regulation with the U.S. Government Post Office and other azeas
to remain consistent.
Alex Sherrer explained the Mayport Road coordinator is currently negotiating with the
Post Office to get them to do something with their fence.
Commissioner Borno stated the residential chain link fences are not in the commercial
zoning and do meet residential code.
5. Pouran Ashourian, American Storage -1770 Mayport Road
Pouran Ashourian, 1770 Mayport Road, explained her fence sepazates U-haul and
American Storage and stated she intends to change her fence in a few years when she
can afford to do so and is requesting the time to do so.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Commissioner Fletcher clarified there aze 751ineaz feet that need to be replaced.
Motion: Deny request for waiver .
Moved by Fletcher, seconded by Parsons.
December 8, 2008 REGULAR COMMISSION MEETING Pace 14
Commissioner Fletcher asked Ms. Ashourian if she had a security gate on the property.
She stated yes. She showed the Commission pictures of her fencing which needs to be
replaced along with the security gate. She stated she is not able to make the changes at
this time because she is in the middle of painting her building. She stated business is
very bad right now and again stated she needs a few years to replace the fence.
Mayor Meserve stated the Commission needs to vote on the waiver, then an extension
of time can be taken up through the code enforcement process.
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0 -
MOTION CARRIED
6. Debra and Ted Jackrel, Transit Plus, Inc. - 57 West 9th Street
Debra Jackrel, 58 West 9~' Street, stated the pazking lot in question is at 57 West
9th Street. She stated she doesn't agree with the fact that granting the waivers
tonight should affect the people who previously took their fences down. She
stated those people had the same right as the people tonight to come before the
Commission to ask for the waiver. She explained she cannot cover up nor hide
her property because she has a very expensive product line. She further stated
she could not get insurance if she did not have the place fenced in. She stated
her chain link can bazely be seen and is not run down. She stated she cannot
choose another type of fence because she needs the police to be able to look into
her property and even a wrought iron fence cannot be seen into from an angle.
She stated telling her to hide everything that is in her property is causing her
hazdship to not be able to sell her product line to the people who aze passing by
on Mayport Road. She further stated she cannot hide the whole fence with
shrubs because the customers and the police cannot see in.
Mayor Meserve opened the Public Hearing.
No one from the audience spoke so the Mayor closed the Public Hearing.
Motion: Denv request for waiver.
Moved by Parsons, seconded by Fletcher.
Votes:
Aye: 4 -Fletcher, Meserve, Parsons, Woods
Nay: 1- Borno
MOTION CARRIED
(Item 8B was taken out of sequence and acted on eazlier in the meeting.)
City Manager 9. City Manager
A. City Manager's Report
December 8, 2008 REGULAR CO~VIMISSION MEETING Page 15
Mr. Hanson announced the workshop for TMDL wastewater option has been
rescheduled to December 15 at 5:00 pm.
Mr. Hanson further announced Town Center Agency had submitted to Neptune Beach
an application for approval to place the sculpture in the roundabout in Town Center.
He stated Neptune Beach has requested a joint meeting with Atlantic Beach
Commission to consider the application sometime in February. He will confirm the
date with the Commission when it is set.
The majority of the Commission stated they have nat seen the design proposed for the
art work. Mr. Hanson stated he would distribute what he had on the design.
Reports/Requests 10. Reports and/or requests from City Commissioners and City Attorney
City Commissioners
City Attorney Appointments to Community Development Board
Motion: Reaaaoint Lvnn Drysdale, Joshua Futterman and Chris Lambertson to
the Community Development Board for another term
Moved by Borno, seconded by Woods
Votes:
Aye: 5 - Borno, Fletcher, Meserve, Parsons, Woods
Nay: 0
MOTION CARRIED
City Attorney Jensen
• Wished everyone a happy holiday season.
Commissioner Woods
• Expressed it was difficult to make the decisions on the waivers tonight, stating
the Commission did not take it lightly.
• Wished everyone a happy holiday season.
Commissioner Parsons
• Stated he has received a lot of mail and phone calls regarding Mr. Branholm's
tree mitigation application and believes it has gotten a lot more complicated
than it appears and wants to have it brought back up at a future meeting. Mr.
Hanson stated the Commission's request was to have it brought back for
approval once the City Attorney gets the agreement ready for the first meeting
in January.
• Stated he has received several donations for the installation of the sculpture of
the girl riding the turtle.
Commissioner Borno
• Stated he had given each Commissioner volunteer applications and asked that
they work hard to solicit far applicants for the boards/committees because the
number of applicants is reducing and the Cultural Arts and Recreation Advisory
Committee and Tree Conservation Board will have vacancies coming up.
• Thanked the City for taking action in putting up the crossing signs on Plaza.
_Deeeember 8.2808 REGULAR CQMMISSION MEETING Page 16
• Thanked Mayor Meserve for talking at the legislative session with Senator
King.
• Wished everyone a Merry Christmas.
Mayor Meserve
• Stated no decision has been made about Finnegan Elementary.
• Stated there may be an issue with Publix moving rather than rebuilding in the
current location.
• Stated local artist Bill Trotter is in very serious financial problems due to health
problems and reminded all there will be a fund raiser for him at St. Paul's
Catholic Church next Sunday from 2:00 - 4:00.
Adjournment There being no further discussion, the Mayor declared the meeting adjourned at 9:26
pm.
John S. Meserve, Mayor/Presiding Officer
ATTEST:
Donna L. Bartle, CMC
City Clerk